HomeMy WebLinkAboutPD-139-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File #
Date:
Monday, December 6,1999
Res. #011/ -5b3-g;
Report #:
PD- 139-99 File #:
By-law #
Subject:
TRANSITION PERIOD FOR MAXIMUM GARAGE EXTENSION
FILE NO.: DEV 98-054
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-139-99 be received;
2. THAT the amending by-law attached hereto, with a transition period ending June 30,
2000, be forwarded to Council for approval; and
3. That any delegation be advised of Council's decision
1. BACKGROUND
l.l In October 1999, Council adopted four (4) Zoning By-law Amendments. The
amendments as approved included:
i) introducing minimum floor areas and widths for garages;
ii) requiring a minimum of two (2) outdoor parking spaces for single and semi-
detached dwellings;
iii) permitting reduced front yard setback to the dwelling for single and semi-
detached dwellings; and
iv) reqniring a maximum 3.0 m projection for any attached garage from a single or
semi-detached dwelling and a maximum 2.0 m projection for any attached garage
from a townhouse dwelling.
Inadvertently, following the adoption of the four (4) By-laws, notice of their passage was
not published in the paper in accordance with the Planning Act requirements. As a result
the four By-laws were included on the November 22, 1999, Council agenda for
reconsideration.
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REPORT PD-139 -99
PAGE 2
1.2 Mr. Kelvin Whalen, by correspondence dated letter on Nov 18, 1999, as well as
addressing Council at their November 22 meeting requested Council to extend the
transition period for the maximum 3.0 m projection requirement for any attached garage
from a single or semi-detached dwelling. After hearing the delegation, Council adopted a
resolution referring the delegation of Mr. Whalen of the Kaitlin Group Ltd. to the
Planning Department for a report.
1.3 Notwithstanding Council's direction pertaining to the delegation all four (4) By-laws
related to the "parking in residential areas" report were passed by Council later in the
meeting. Planning and Clerks Department in discussing the accidental passing of By-law
99-171, which included the 3.0 m maximum projection requirement for attached garages
on single and semi-detached dwellings, determined that this by-law would not included in
the published newspaper notice of passing with the other By-laws. This would permit
Council the opportunity to adopt a By-law with a longer transition period to satisfy the
concems of the delegation by Mr. Whalen, or to adopt a new By-law which comes into
effect immediately following the expiry of the appeal period.
2 DELEGATION
2.1 The delegation of Mr. Whalen and his letter of November 18, 1999 requested the
implementation of the maximum 3.0 m projection be delayed one (1) year to January 1,
2001. Mr. Whalen's letter and attached documentation noted that two builders have made
a number of sales in Phase II of Clarington Comers, some of the models sold do not
comply with the new zoning requirement. Furthermore due to zone II water supply
system difficulties, they can not register phase II until the spring of 2000.
2.2 The Kaitlin Group
The Kaitlin Group has suggested they have 12 different models being marketed and sold
in Phase II. Of the 12 models five would not comply with the 3.Om maximum projection
requirement.
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REPORT PD-139 .99
PAGE 3
The following is summary of the sales made by Kaitlin:
Lot Date of Sale Compliance to By-law
43 Pending No
45 May 24/99 No
46 October 26/99 No
48 September 19/99 Yes
58 September 18/99 Yes
59 October 18/99 Yes
62 Pending No
67 Pending Yes
72 August 14/99 Yes
86 October 10/99 Yes
89R Pending . No
96R Pending No
100L Pending No
107L Pending No
113 October 17/99 Yes
114L October 6/99 Yes
Only one of the sales, for a model that does not comply, was made prior to the zoning by-
law amendment being adopted.
2.3 Delta Rae
Delta Rae has eleven different models they are offering in Phase II. Of the eleven models
only three models would comply with the maximum 3.0 m projection requirement. Delta
Rae has sold 18 lots of the 34 they purchased from The Kaitlin Group in phase II. Only
five of the lots sold would comply with the maximum 3.0 m projection requirement.
The following is the sales information provided for Delta Rae:
Lot
3
9
10
11
12
13
14
15
16
Date of Sale
Date not provided
Date not provided
October 19, 1999
September 22, 1999
August 24, 1999
October 25,1999
September 22, 1999
October 17, 1999
September 19, 1999
Compliance to By-law
No
Yes
Yes
No
No
Yes
No
No
No
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REPORT PD-139 -99
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17
18
20
23
25
26
28
70
September 21,1999
October 23, 1999
Date not provided
Date not provided
Date not provided
October 20, 1999
October 24, 1999
Date not provided
No
No
No
No
No
Yes
Yes
No
All the Delta Rae sales were completed after the Public Meeting date.
3. COMMENTS
3.1 Tbe intention of the Municipality to adopt a 3.0 m maximum projection requirement for
attached garages on single and semi-detached dwellings was well established within the
public notice which was advertised June 11, 1999. In addition opportunity for discussion
was provided to the development industry throughout the process. Mr. Whalen spoke to
staff on various issues relating to the By-laws as both UDI's representative, and the
Kaitlin Group.
3.2 The January 1,2000, date was included in the By-law presented to Council for adoption,
at the suggestion of Mr. Whalen. The purpose was to provide a transition period from the
time of thePublic Notice so that the building industry to adjust their models to comply
with the Municipality's proposed By-law if they knew they could not register by that
date. No one spoke in opposition to the By-laws when originally adopted by Council in
October.
The letter subruitted by Mr. Whalen's suggests the models currently being sold are the
same as those in Phase I, hence no attempt has being made to modify models being
offered, even though most of the sales completed have been in September and October.
However, should Council not extend the transition period, the individuals most affected
are the purchasers of each home.
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REPORT PO-139 -99
PAGE 5
3.3 Mr Whalen's letter advises that he expects the Region to approve budgeting for the
watennain extension and tender the project shortly thereafter. Once the project has been
tendered the Region would be willing to enter into a subdivision agreement although they
will not allow occupancy to take place until the watermain work is complete. Based on
this a six month extension appears to be a reasonable time frame to allow the plan to be
registered. The delegation had requested a one (1) year extension.
3.4 The transition provision would be applicable to the entire Municipality. Although Mr.
Whalen's request was based on the special circumstances in Bowmanville, it is only
equitable that any transition apply to the entire Municipality. The net effect is that most
of the buildings constructed in the year 2000 building season would not be affected by
the by-law provisions.
4 RECOMMENDATION
4.1 The By-law contained in Attachment No.1 allows for plans of subdivision registered up
to June 30, 2000 to proceed under the existing zoning requirements.
Respectfully submitted,
Reviewed by,
cJ r~_--u:) Cl.
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
Da d me, M.C.I.P., R.P.P.
Director of Planning & Development
CP*DJC*cc
November 29, 1999
Attach.
645
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THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
BY-LAW NUMBER 99-_
J.
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation ofthe 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 former Town of Newcastle in light of
the recommendations contained within Staff Report PD-36-99 dealing with parking in residential
areas in the Municipality.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
ofClarington enacts as follows:
L Section I2.2(d)(i) is hereby amended by deleting the reference to "6.0 metres" and
replacing it with: "6.0 metres to private garage or carport and 4.5 metre to dwelling",
2. Section 12.2(i) is amended by adding a new subsection (ii) as follows:
"ii) Private garages or carports may extend a maximum of 3.0 metres in front of the
dwelling unit This provision shall apply to all lots registered after June 30, 2000."
3. Section 13.2 (c)(i) is hereby amended by deleting the reference to "6.0 metres" and
replacing it with "6.0 metres!o private garage or carport and 4.5 metre to dwelling",
4. Section 13.2 is hereby amended by adding a new subsection 13.2 (Ii) as follows:
"h. Special Yard Regulations
Private garages or carports may extend a maximum of 3.0 metres in front of the
dwelling unit This provision shall apply to all lots registered after June 30, 2000."
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 tltis
day of
1999.
BY-LAW read a second time tltis
day of
1999.
BY-LAW read a third time and finally passed tltis
day of
1999.
MAYOR
CLERK
646