HomeMy WebLinkAboutPD-126-99
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, THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
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REPORT
Report #:
PD-126-99 File #: ZBA 99-031
File rp/ 12!Jf/Cf/{) 3}
Res. # CiA 9S=1'l
By-law # 99 - / ~3
Meeting:
General Purpose and Administration Committee
Date:
Monday, November 15,1999
Subject:
REZONING APPLICATION
APPLICANT: 904222 ONTARIO INC.
PART LOT 31, CONC. 3, FORMER TOWNSHIP OF DARLINGTON
DAlSEYFIELD AVENUE, COURTICE
FILE NO.: ZBA 99-031
Reconunendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
I. THAT Report PD-126-99 be received;
2. TIlAT the rezoning application ZBA 99-031 submitted by 904222 Ontario Inc. be
APPROVED and that the amending by-law contained in Attaclunent No.3 be forwarded
to Council for approval;
3. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1
1.2
1.3
Agent:
Zoning:
904222 Ontario Inc.
(same as owner)
from "Urban Residential Type One (RI)" to "Urban Residential Exception
(R1-48)"
Five (5) semi/link units with properties varying in size from approximately
430 m2 to approximately 490 m2.
Owners:
I .4 Area:
2. BACKGROUND
2.1 On September 13, 1999, the Planning and Development Department received an
application to amend Zoning By-law 84-63 in order to permit minimum exterior side yard
setbacks of 3 metres rather than 6 metres.
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REPORT PD-126-99
PAGE 2
2.2 The exterior (comer) properties subject to the proposal are located on the south side of
Daiseyfield Avenue, Courtice. The municipal street addresses of the subject properties
are I, 21, 27, 77 and 83 Daiseyfield Avenue (see Attachment No.1). The lands are Part
of Lot 31, Concession 3, former Township of Darlington.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The properties have a flat topography and are currently vacant.
3.2 The surrounding land uses are as follows:
North - Urban Residential and vacant
South - Urban Residential and vacant
East Urban Residential and vacant
West - Urban Residential and vacant
4. PUBLIC NOTICE AND SUBMISSIONS
4.1 Public notice was given by mail to each landowner within 120 metres of the subdivision
and a public notice sign was installed on each of the five properties with the exterior
(comer) lot on Trulls Road having a public notice sign on each frontage.
4.2 A public meeting for the rezoning application was held on October 18, 1999. Two
residents expressed concern with the exterior side yard setback reductions. One resident
said all changes in the Farewell Creek watershed should be monitored since the
cumulative effect is what must be determined to prevent negative effects on well water
quantity and quality, not simply the size of the development. Another resident asked if
reducing the side yard setback would create a visibility problem for vehicles at the
intersections.
4.3 The applicant stated he wishes to build houses that were wide enough to meet the
public's demands. It was acknowledged that they had two similar exterior side yard
setback reductions approved by the Committee of Adjustment but could not get further
approvals from the Committee, therefore, they were directed to make a rezoning
application. Since the builder on the south side of Daiseyfield Avenue was making a
similar rezoning application they decided to apply at the same time. The applicant noted
the subdivision was fully approved, no new lots were being created and the other
remaining regulations (including lot coverage) would be complied with.
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REPORT PD-126-99
PAGE 3
5. OFFICIAL PLAN CONFORMITY .
5.1 Within the Durham Regional Official Plan, the subject properties are designated as
Living Area in the Courtice Urban Area. The application conforms.
5.2 Within the Clarington Official Plan, the subject properties are designated as Urban
Residential in the Courtice Urban Area. The application conforms.
6. ZONING BY-LAW COMPLIANCE
Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the
subject properties are zoned "Urban Residential Type One (R1)" and this zone specifies a
minimum exterior side yard setback of 6 metres. The proposed development does not
conform, hence, the rezoning application.
7. AGENCY COMMENTS
The rezoning application was circulated to various agencies and other departments by the
Planning and Development Department. The comments are:
. Clarington Public Works Department stated a revised master grading and drainage
plan is reqnired for approval prior to the issuance of building permits on the subject
properties.
. Clarington Fire Department stated no fire safety concerns were found.
8. STAFF COMMENTS
8.1 One of the comments raised at the Public Meeting centered on the impact a reduction to
the exterior side yard setback might have on the stormwater system and surface water
runoff coefficient for this development. It was implied that a reduction in the exterior
side yard setback would likely lead to larger homes and a greater lot coverage than the
by-law presently permits.
The Public Works Department advises the storm sewer system, as in all situations, is
designed to accommodate the individual dwelling unit types that are granted through
draft approval. In this particular case, the storm sewer system was designed to
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REPORT PD-126-99
PAGE 4
accommodate semi-detached dwelling units, resulting in a runoff coefficient ranging
from .55 to .65. This would correspond to a lot coverage ranging from 55% to 65%
throughout the plan of subdivision.
The dwelling units constructed within this development to date, provided a lot coverage
ranging from 31% to 42%, with the majority of the units in the mid 30's. The applicant
has not requested an increase in the 45% maximum lot coverage presently permitted in
the Zoning By-law. Approval of the amendment as submitted, would provide a degree of
flexibility in determining the siting of each dwelling without compromising any of the
other zoning regulations (including lot coverage) or the storm sewer system as desigued
for this subdivision.
It is also noted that roof drainage in this area is discharged on to the lawns. The roof
leaders are not connected to the storm sewer system. As a result, regardless of the size of
the dwelling, roof drainage is recharging the groundwater.
8.2 Regarding the issue of a reduction in visibility for vehicles approaching the intersections,
this change would have some impact. However, as shown on Attachment No.2 to this
report, the change in exterior side yard setback would not impact the site triangles
required by the Municipality. Outside of this site triangle, there are often other
impediments to visibility such as trees and shrubs.
9. CONCLUSION
9.1 It is recommended that the rezoning application to permit reduced exterior side yard
setbacks be APPROVED as contained in the attached zoning by-law amendment (see
Attachment No.3).
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REPORT PO.126.99
PAGE 5
Respectfully submitted,
Reviewed by,
Chief Administrative Officer
BR*LDT*DJC*cc
November 5,1999
Attachment No. 1
Attachment No.2
Attachment No.3
Site Location Key Map
Site Triangle and Setbacks Diagram
Zoning By-law Amendment
Interested parties to be notified of Council and Conunittee's decision:
Fred Simkins
904222 Ontario Inc.
18 Prince Rupert Drive
Courtice, Ontario
LIE lZ5
Libby & Stan Racansky
3200 Hancock Road
Courtice, Ontario
LIE 2Hl
Norm Mont\han
15 Westmore Street
Courtice, Ontario
LIE 2H8
624
ATTACHMENT '1
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LOT 31
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ZBA. 99-031
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ATTACHMENT 1/2
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THE CORPORATION OF THE MUNlCIP ALlTY OF CLARINGTON
BY-LAW NUMBER 99-_
ATTACHMENT .3
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former To'NIl of Newcastle.
WHEREAS the Conncil of the Corporation of the Municipality ofClarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement ZBA 99-031.
NOW THEREFORE BE IT RESOL VED THAT the Conncil of the Corporation of the Mnnicipality
ofClarington enacts as follows:
I. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (RI)
ZONE" is hereby amended by adding thereto, the following new Special Exception 12.4.48
as follows:
"12.4.48 URBAN RESIDENTIAL EXCEPTION (RI -48) ZONE
Notwithstanding Section 12.2, those lands zoned "RI-48" on the Schedules to this By-law
shall be subject to the following zone regulation;
.
Yard Requirements (minimum)
exterior side yard
3 metres
2. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Urban Residential Type One (R1)" to "Urban Residential Exception (R1-48)" Zone as
illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. 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
1999.
BY-LAW read a second time this day of
1999.
BY-LAW read a third time and finally passed this
day of
1999.
MAYOR
CLERK
627
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.
This is Schedule"A" to By-law 99- ,
passed this day of .1999 A.D.
LOT 31
CONCESSION 3
15 14 ~ 13 12 11 10 9 8 7 6 5 3 2
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~ZONING CHANGE FROM "R1" TO "R1-48"
Mayor
Clerk
_ SUBJECT SITES
LOT 31
COURTICE
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