HomeMy WebLinkAboutPSD-016-07
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
General Purpose and Administration Committee
Report #:
PSD-016-07
File #: ZBA 2006-0033
GPA - O-l1 ~07 .
By-law #: :).(j7) 7 ....Oct (.:;:2
Date:
Monday, February 5, 2007
Subject:
REZONING TO PERMIT INCREASED RESIDENTIAL LOT COVERAGE AND
REAR DECK PROJECTIONS
APPLICANT: 1370304 ONTARIO LTD. (HALMINEN HOMES)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-016-07 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the
application for rezoning submitted by 1370304 Ontario to permit increased lot coverage
and deck projections for lots in Draft Approved Plan of Subdivision 18T-98012, be
APPROVED and the By-law shown on Attachment 2 be forwarded to Council; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D id . rome, M.C.I.P., RP.P.
Direct ,Planning Services
Reviewed bY:O ~ -.::::CA..Jk
Franklin Wu
Chief Administrative Officer
CS/CP/DJC/df
January 30, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-016-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 1370304 Ontario Limited (Halminen Homes)
1.2 Rezoning: To increase total lot coverage from 40 percent to 50 percent for all
structures on Lots 1 to 16, allowing a maximum 45 percent lot
coverage for the single detached dwelling; and to permit uncovered
decks to project 2.5 metres into the rear yards rather than the 1.5
metres currently permitted, only for Lots 8 to 16 in Draft Approved
Plan of Subdivision 18T-98012.
1.3 Site Area: 1.13 hectares
2.0 LOCATION
2.1 The subject property is located north of Devondale Drive and east of Tooley
Creek, and forms the extension of McLellan Court, in Courtice, being Part of Lot
32, Concession 3, former Township of Darlington (Attachment 1).
3.0 BACKGROUND
3.1 On December 8th, 2006, Staff received an application from 1370304 Ontario
Limited to rezone Lots 1 to 16 in Draft Approved Plan of Subdivision 18T-98012.
The applicant requested an increase in the lot coverage from forty (40) percent to
fifty (50) percent and a forty five (45) percent maximum lot coverage for the
dwelling on all the lots. The additional five (5) percent will allow individual
homeowners to erect accessory buildings if they so desire without requiring an
application for minor variance. The applicant is also requesting that uncovered
decks be allowed to project 2.5 metres into the rear yards rather than the 1.5
metres currently permitted. This request is only for Lots 8 to 16, which back onto
the Tooley Creek valley.
3.2 The Plan of Subdivision was draft approved by the Region of Durham on January
8th, 2000. The applicant has entered into a subdivision agreement with the
Municipality. All securities have been received and valleylands have been
transferred. The registration of the plan will likely take place in the first quarter of
this year.
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The subject lands are relatively flat, with the most westerly portion sloping
towards the Tooley Creek valley. The storm, sanitary and water services have
REPORT NO.: PSD-016-07
PAGE 3
been installed and the road, being the extension of Mclellan Court, has been
paved. The lots have also been rough graded.
4.2 Surrounding land Uses:
North - woodlot
West - creek valley and woodlot associated with Tooley Creek
East - single detached dwellings
South - single detached dwellings
5.0 PROVINCIAL POLICY
5.1 Provincial Policv Statement
The Provincial Policy Statement states that in Settlement Areas appropriate
development standards should be promoted which facilitate intensification
redevelopment and compact form, while maintaining appropriate levels of public
health and safety. This plan of subdivision was draft approved for single family
detached dwellings in 2000, prior to the Provincial Policy Statement. The
development is utilizing nearby infrastructure and is outside of the Tooley Creek
valleylands. As such, the development is consistent with the intent of the
Provincial Policy Statement.
5.2 Provincial Growth Plan
The subdivision was granted draft approval prior to the Provincial Growth Plan.
However, the Growth Plan does require new growth to be directed to the built-up
areas of the community. The rezoning application does not conflict with the
Growth Plan.
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Reo ion Official Plan
The lands are designated Living Area within the Durham Regional Official Plan.
lands designated as Living Area permit the development of residential areas,
incorporating the widest possible variety of housing types, sizes and tenure. The
application conforms.
6.2 Clarinoton Official Plan
The subject lands are designated Urban Residential in the Clarington Official
Plan. The use of lands within the Urban Residential designation shall be
predominately for single and semi-detached housing. Prior to draft approval, an
Environmental Impact Study was undertaken to determine development limits
and appropriate buffers to the Farewell Creek valley. Plan of Subdivision 18T-
REPORT NO.: PSD-016-07
PAGE 4
98012 was draft approved some seven years ago and conforms with the
applicable Official Plan policies.
7.0 ZONING BY-LAW
7.1 The subject lands are currently zoned "Urban Residential Type (R1) Zone" and
"Urban Residential Exception (R2-4) Zone". The zone boundary follows land
ownership prior to the approval of the plan of subdivision and bisects 5 of the 16
lots, so that one half of the plan is zoned (R1) and the remainder is zoned (R2-4).
An amendment to the Zoning By-law is required to put the five (5) lots in question
into one zone. In addition, the applicant has requested an increase in lot
coverage and for the deck projection on the lots backing onto the Tooley Creek
valleylands.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the
subject site. A public notice sign was installed on the subject site fronting onto
the existing opened portion of McLellan Court.
8.2 As of the writing of this report, staff have received one phone call from an area
resident who inquired about the potential for similar development on Islay Court,
which is north of the subject site.
9.0 AGENCY COMMENTS
9.1 The application was circulated to various departments and agencies for
comment.
9.2 Both the Region of Durham and the Central Lake Ontario Conservation Authority
have offered no objection to the proposed rezoning.
9.3 The Engineering Services Department has noted that the proposed increase in
lot coverage to 50% has a potential to increase the storm sewer co-efficient for
the existing storm sewers. The applicant's engineer has demonstrated to the
satisfaction of the Engineering Services Department, that the existing storm
sewers within the tributary watershed area have adequate capacity to
accommodate the post-development drainage from the subject subdivision.
1 0.0 STAFF COMMENTS
10.1 The applicant is requesting an increase in the lot coverage from forty (40)
percent to fifty (50) percent with forty five (45) percent for the dwelling for all the
lots. The additional five (5) percent can allow individual homeowners to erect
REPORT NO.: PSD-016-07
PAGE 5
accessory buildings. The applicant is also requesting that uncovered decks be
allowed to project 2.5 metres into the rear yard for Lots 8 to 16, which lookout
onto the Tooley Creek valley.
10.2 The lots are considered wide shallow lots. The lot frontages are approximately
16 metres, rather than the 12 metres minimum required in the R2 zone, and are
slightly shallower, being 29 metres rather than conventional lot depths of 31
metres or greater. The wide shallow lot results in a larger house footprint and a
greater house presence along 'the street frontage. To ensure that the garage
does not dominate the house and the overall streetscape, the garage doors shall
be allowed to project no more than 0.6 metres from the dwelling's front wall.
10.3 The Zoning By-law permits deck projections to be a maximum of 1.5 metres into
the rear yard. For lots 8 to 16, the decks will be elevated above the grade, and
will be used as an amenity area. By increasing the deck projection into the rear
yard of up to 2.5 metres, it allows the homeowners to have a greater area to put
deck furniture on and enjoy views to the valley.
10.4 The Finance Department advises that there are no outstanding taxes on this
property.
11.0 CONCLUSIONS
11.1 Provided there are no significant issues raised at the Public Meeting, staff
respectfully recommend that the proposed amendment to By-law 84-63 be
APPROVED, as shown on Attachment 2.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
1370304 Ontario Limited
D.G. Biddle Associates
Attachment 1
To Report PSD-016-07
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Attachment 2
To Report PSD-016-07
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2006-0033;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 13.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding hereto the following new Special
Exception 13.4.46 as follows:
"13.4.46 URBAN RESIDENTIAL EXCEPTION (R2-46) ZONE
Notwithstanding Sections 13.2 e) the lands zoned R2-46 on the Schedules to this
By-law shall be subject to the following regulations:
a)
Lot Coverage (maximum)
i) single detached dwelling
ii) all structures
45 percent
50 percent
b) No garage door shall project greater than a maximum of 0.6 metres from
the front wall of the dwelling."
2. Section 13.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding hereto the following new Special
Exception 13.4.47 as follows:
"13.4.47 URBAN RESIDENTIAL EXCEPTION (R2-47) ZONE
Notwithstanding Sections 3.1 i. iii) and Section 13.2 e) the lands zoned R2-47 on
the Schedules to this By-law shall be subject to the following regulations:
a)
Lot Coverage (maximum)
i) single detached dwelling
ii) all structures
45 percent
50 percent
b)
Unenclosed deck projection into the rear yard
from the dwelling (maximum)
2.5 metres
c) No garage door shall project greater than a maximum of 0.6 metres from
the front wall of the dwelling."
3. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from: "Urban Residential Type One (R 1) Zone" to
"Urban Residential Exception (R2-46) Zone", "Urban Residential Type One (R1)
Zone" to "Urban Residential Exception (R2-47) Zone" and "Urban Residential
Exception (R2-4) Zone" to "Urban Residential Exception (R2-46) Zone" and
"Urban Residential Exception (R2-4) Zone" to "Urban Residential Exception (R2-
47) Zone".
4. Schedule "A" attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007-
passed this day of !I 2007 A.D.
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m Zoning Change From "R1" To "R2-46"
~ Zoning Change From "R1" To "R2-47"
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::::::::::::
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Zoning Change From "R2-4" To "R2-46"
Zoning Change From "R2-4" To "R2-47"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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