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Home My WebLink AboutPD-127-99 .~ j D11: PDli1.99 ." < Meeting: Date: Report #: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File # ])l~ lgf{'f(-033 Res. QR- S;)~-11 Monday, November 15,1999 PD-127-99 FILE #: ZBA 99-033 By-law # REZONING APPLICATION APPLICANT: DAISEYFIELD DEVELOPMENTS PART LOT 31, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON DAISEYFIELD AVENUE, COURTICE FILE: ZBA 99-033 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 2. 3. 4. THAT Report PD-127-99 be received; THAT the rezoning application ZBA 99-033 submitted by Daiseyfield Developments be APPROVED and that the amending by-law contained in Attachment No.3 be forwarded to Council for approval; THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. J.J APPLICATION DETAILS Owners: Daiseyfield Developments 1.2 Agent: Daniel Pustil 1.3 Zoning: from "Urban Residential Type One (Rl)" to "Urban Residential Exception (R1-48)" 1.4 Area: three (3) semi/link units with properties varying in size from approximately 430 sq.m. to 490 sq.m. 629 , , REPORT NO.: PD-127-99 PAGE 2 2. BACKGROUND 2.1 On September 17, 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. 2.2 The exterior (comer) properties subject to the proposal are located on the north side of Daiseyfield Avenue, Courtice. The municipal street addresses of the subject properties are: 2,28 and 78 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 - 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 three properties with the exterior (comer) lot on Trolls 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 concem 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 630 REPORT NO.: PD-127-99 PAGE 3 reducing the sideyard 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 and so, 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. 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 confOI1ns. 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 (RI)" 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: 631 c. REPORT NO.: PD-127-99 PAGE 4 . Clarington Public Works Department stated a revised master grading and drainage plan is required 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 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 unit without compromising any of the other zoning regulations (including lot coverage) or the storm sewer system as designed for this subdivision. 632 ..~ , REPORT NO.: PD-127-99 PAGE 5 It is also noted that roof drainage in this area is discharged onto 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 gronndwater. 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). Respectfully submitted, Reviewed by, in Wu, M.C.I.P., R.P.P. Chief Administrative Officer. BR*LT*DC*df 4 November 1999 vij Attachment No. 1 - Site Location Key Map Attachment No.2 - Site Triangle and Setbacks Diagram Attachment No.3 - Zoning By-law Amendment Interested parties to be notified of Conncil and Committee's decision: 633 ATTACHMENT '1 DR. r I _ SUBJECT SITES LOT 31 ~- -- - I- - ------ . , L ~ -rTm '<l; DAfSEYFlELD A VENUE ~// , . 0./ I " / / ' / / '- / ~ _ ..L I COURTICE KEY MAP ZBA. 99-033 635 C) cs Q:: CI) ......J S i-::::: I") z o (/) (/) w () z o () ATTACHMENT #2 I 6m ~ 3m I I BUILDING ENVELOPE 01 I- w ~I z w ~ a.. 0:::1 ~I 0::: ::) 0..1 () ~ " _L V) " L_~ " " " " " " " E " " L() " E . SITE I' " CD " TRIANGLE " " " " 7.5m " " STREET 636 ATTACHMENT NO.3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- 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 ofClarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle, to implement ZBA 99- 033; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. 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 Requirement (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: 'IUrban Residential Type One (Rt)" to "Urban Residential Exception (Rl-48)" zone as illustrated on the attached Schedule itA" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come iuto effect on the date of the passing hereof, snbject 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 day of 1999. MAYOR CLERK 637 ""-.. This is Schedule"A" to By-law 99- , passed this day of ,1999 A.D. LOT 31 CONCESSION 3 I ~ 15 14 10 9 8 7 6 5 ~ 4 3 2 I "l; ~ OA/SEYF/ELO AVENUE (40AI-1954) ~ ~ ~ 22 23 24 25 26 27 28 29 30 (:5 31 32 33 34 ~. ~ 'I ~l :-.l ~ II) 'I ~ ~ ~ZONING CHANGE FROM ItR1" TO It R1-48" Mayor Clerk . SUBJECT SITES COURTICE LOT 31 _L__ _ - - -, I ~ _ ___ ______ _L_I \ !=-~ ~~~jj]~-c:rn~Cii I ~ ~ :lf~~" ":"SEYF7ELi l'ENiE . f;o I . ~ i!l ~~jl~t)Jj-I'. ....' 1~[';Jn F ~ J:i::z~~)~~Ij~ I~ -\ t *~~ ~~ ~----- -',',-"+~1~ / /'~~.<1'~:..~.'.".~/~7./hl:LL! !nT I ~T\ } L /~t-- (~;'~--~{9(>5~,p~;, ~ /~' - 1- r --.~~\. :/;........./. mREYNOL~S_Jr f. =~- r-'\'Ir:{!/!i I' ! 1- - f----." /1\ "---,/ --, ~ L -- ! L I I t 638