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HomeMy WebLinkAboutPD-56-99 - ~ .! '- ~ Ol\i PD-56-99 .... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Date: Monday, June 7,1999 File# _bI4."ZRi':\. qq,007 Res. #C,pA, d.. 97.9 '1 Meeting: General Purpose and Administration Committee Report #: PD-56-99 File #: ZBA 99-007 By-law # Subject: REZONING APPLICATION APPLICANT: ROBINSON RIDGE DEVELOPMENTS INC. PART LOT 35, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON (SOUTH OF BLOOR STREET AND EAST OF TOWNLlNE ROAD) FILE NO.: ZBA 99-007 (X/REF: 18T-89037) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-56-99 be received; and 2. THAT the rezoning application ZBA 99-007 submitted by Robinson Ridge Investments Inc., be APPROVED and that the amending by-law as contained in Attachment NO.2 be forwarded to Council for adoption; 3. THAT the Ontario Municipal Board be advised that the Municipality of Clarington recommends that the conditions of Draft Approval to Plan of Subdivision 18T-89037 be amended as contained in Attachment NO.3 to implement the requested zoning by-law amendment and Council supported parking requirements; and 4. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: Robinson Ridge Developments Inc. 1. 2 Agent: Jack Crosby 682 ^ \ , REPORT NO.: PD-56-99 Page 2 1.3 Rezoning: From: . "Holding - Urban Residential Exception ((H)R2-11" to a special exception zone to permit a reduction in the side yard setback from 1.2 metres to 0.6 on one side of the dwelling; . "Holding - Urban Residential Exception ((H)Rl-41)" to permit the townhouse units; and . "Holding - Urban Residential Type Three ((H)R3)" to permit semi-detached/link dwelling units. 1.4 Revision to Draft Approved Plan of Subdivision: To permit eleven (11) townhouse units to be replaced with four (4) semi- detached/link lots eight (8) units and visa versa 1.5 Area: portions of the 25 ha (61.7 acres) draft approved plan. 2. LOCATION 2.1 The subject lands are located south of Old Bloor Street on the east side of Townline Road. The property is further described as being in Part Lot 35, Concession 1, former T ownsh i p of Oar! i ngton. 3. BACKGROUND 3.1 The application is to rezone portions of a 25 ha (61.7acre) plan of subdivision, draft approved by the Ontario Municipal Board September 1996. The draft approval was for a total of 451 units. In 1998, phase I of the development was registered containing 122 units. The current application proposes to revise the side yard setback requirements for an "Urban Residential Exception (R2-11)" zoned lots to permit 0.6 m setback on one side and 1.2 m on the other side, as opposed to 1.2 m on both sides. The other zoning change would facilitate the inter changing of eight (8) "Urban Residential Exception (R2-11)" zoned lots with two (2) blocks (eleven (11) units) zoned "Urban Residential Type Three (R3)". Neither revision would increase the number of previously approved units. 683 > . REPORT NO.: PD-56-99 Page 3 3.2 The statutory Public Meeting for the rezoning application was held May 3, 1999. The agent was the only person to speak on the matter at the meeting. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East - vacant land and limited existing residential; West - Townline Road and residential dwellings in Oshawa; South - vacant land; North - limited new residential 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan (DROP) the subject property is designated "Living Area". The predominant use of land within this designation shall be for housing purposes. The Transportation schedule, of the Durham Plan, identifies Townline Road as a Type "B" arterial road. The draft approved plan has two controlled access points for the subdivision. The proposed rezoning will not impact upon the design of the subdivision. The application appears to conform. 5.2 Within the Clarington Official Plan the subject lands are predominantly designated Urban Residential, with some lands designated Environmental Protection Area. The property is located within the Bayview Neighbourhood of the Courtice Urban Area. The urban residential lands are further defined by a Medium density symbol. The predominant use of land within the Urban Residential designation shall be for housing purposes. The Medium density symbol permits development with a net density of 31 to 60 units per ha (uph), and the predominant housing form shall be townhouses, triplex/quadruplex ancVor low rise apartments. The Transportation Schedule, of the Clarington Plan, identifies Townline Road as a Type "B" arterial road, as well as a collector road system internal to the draft approved plan of subdivision. The proposed rezoning is not impacting the design or unit yield of the draft approved plan of subdivision. The application appears to conform. 684 , , REPORT NO.: PD-56-99 Page 4 6. ZONING BY-LAW PROVISIONS 6.1 The draft approved plan of subdivision contains various residential zones. The current application proposes to amend the side yard setback requirements of the "Urban Residential Exception (R2-11)" to permit a reduction in the side yard setback from 1.2 metres to 0.6 on one side of the single detached dwelling. The other zone change is proposed to facilitate a proposed amendment to draft approval allowing two townhouse blocks to be developed as four semi-detached/link lots, while the four semi-detachedllink lots would be developed as two townhouse blocks. 7. AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to a limited number of agencies and departments to obtain their comments. 7.2 The Clarington Public Works Department advised that they have no objection in principle to reducing side yard setbacks, from 1.2 m to 0.6 m, on one side of a single detached dwelling. However, they have advised that complications related to grading may occur with the reduction of side yard setbacks. The problems relate to difficulties accommodating 3:1 slopes between dwellings, and access to the rear of the homes, especially when air conditioners are installed. 7.3 The Region of Durham has provided comments advising they have reviewed the application for conformity with official plan policies as well as the delegated provincial plan review function. The proposed rezoning is in conformity with both the regional and local official plans and has no impact on matters of provincial interest. 8. STAFF COMMENTS 8.1 The applicant is proposing to reduce the side yard setback requirements from 1.2 m to 0.6 on one side of the R2-11 zoned lots, and to switch the zoning of two (R3) zoned townhouse blocks with the zoning of four semi-detachedll ink lots (R 1-41). 685 , REPORT NO.: PD-56-99 Page 5 8.2 The Urban Residential Exception (R2-11) zone only permits a single detached dwelling on a lot having a frontage of 10.5 m (34.4 ft) and area of 310 sq.m (3337 sq.ft). It is the applicant's desire, through the subject rezoning application, to increase the building envelope area for a R2-11, lot by reducing the required side yard setbacks on one side of the dwelling. 8.3 Public Works have advised they have no objection in principle to the application. The issue of grading between lots is specific to walk-out type lots or where 3:1 slopes occur. Public Work staff advise that achieving proper grading and drainage in the above situations may be further complicated if houses are built with a total of 1.8 m between dwellings (i.e. 1.2 m + 0.6 m). Should the rezoning be approved to permit a 0.6 m setback on one side of the dwelling, it is recommended that the conditions of draft approval be amended to stipulate that Public Works has authority to dictate house siting based on lot grading and drainage details. This is an exception only for this development. Municipal staff will monitor the situation and determine if it is appropriate for broader application. At the April 19, 1999 General Purpose and Administrative Committee meeting a report dealing with parking in residential areas was considered. Council, at their next meeting, adopted various recommendations from that report including the requirement for two (2) outdoor-parking spaces to be provided for every single detached and semi-detached/linked dwelling unit. 8.4 The applicant submitted a covering letter with the rezoning application indicating they were aware the Municipality is reviewing the issue of on-street and off-street parking in residential areas, and suggested that they are prepared to co-operate with the Municipality in this regard as it pertains to future phases. Although, a zoning by-law amendment implementing this requirement has not been approved, staff are satisfied that such a requirement can be dealt with through an amendment to the conditions of draft approval. 686 REPORT NO.: PD.56.99 Page 6 9. CONCLUSION 9.1 In consideration of the nature of the proposed zoning changes and the agency comments received, staff has no objection to the proposed zoning by-law amendment as contained in Attachment No.2, subject to proposed amendments to the conditions of draft approval as contained in Attachment No.3. Respectfully submitted, Reviewed by, cJr-~-=-~ a '(j . Crome, M.C.I.P., R.P.P. Director of Planning & Development Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer CP*DJC*jip June 1, 1999 Attachment NO.1 - Key Map Attachment No.2 - Zoning Schedule Attachment No.3 - Revised Conditions of Draft Approval & Excerpt of Plan 18T-89037 Interested parties to be notified of Council and Committee's decision: Mr. Jack Crosby Robinson Ridge Developments Inc. Suite 219, 60 Centurian Drive Markham, Ontario L3R 8T6 687 1 WJj CURRENTLY ZONED (H)R2-11 W~0a CURRENTLY ZONED (H)R1-41 ~ CURRENTLY ZONED (H)R3 LOT 35 OLD BLOOR STREET K1LGANNON AVENUE STREIT "C" 0 z ~ z z "' t' 0 :I: t- :> " V> " <( " "' STREIT "." ..- w "1(" z STREIT - ~ ~ Z Z ;< 0 " t- STREIT "J" (/) (/) W STREIT "C" U F Z e 0 ~ U "E" ,0 STREIT e ~ COURTICE KEY MAP ZBA. 99-007 I 088 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 Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to permit a reduction in side yard setback and changing the location of two (2) specific townhouse zonec blocks with four (4) semi-detached/linked zoned lots and visa versa (ZBA 99-007). 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 amendec by adding thereto the following new Special Exception 13.4.23 as follows: "13.4.23 URBAN RESIDENTIAL EXCEPTION (R2-23) ZONE Notwithstanding Section 13.1 and 13.2, those lands zoned R2-23 on the Schedules to this By-law shall only be used for a single detachec dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 310 square metres b) Lot frontage (minimum) i) interior lot(minimum) ii) exterior lot (minimum) 10.S metres 1 3.8 metres c) Yard Requirements (minimum) i) front yard 6.0 metres to attached private garage or carport, 4.S metres to the dwelling ii) interior side yard with attached private garage or carport, 1.2 metres on one side and 0.6 m on the other side. without attached private garage or carport, 3.0 metres on one side and 0.6 metres on the other side. iii) exterior side yard 4.5 metres to the dwelling, 6.0 metres to attachec private garage or carport 2. Schedule "4" to By-law 84-63 as amendec, is hereby further amended by changing the zone designation from: "Urban Residential Exception - Holding ((H)R2-11)" to "Urban Residential Exception- Holding ((H)R2-23)"; "Urban Residential Exception - Holding ((H)Rl-41)" to "Urban Residential Type Three - Holding ((H)R3)"; and "Urban Residential Type Three - Holding ((H)R3)" to "Urban Residential Exception- Holding ((H)Rl-41)". as shown on the attached Schedule "^" hereto. D89 - 2 - 3. Schedule" A" attached hereto shall form part of this By-law. 4. 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 BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of MAYOR CLERK 090 1999. 1999. 1999. This is Schedule ""A" to passed this day of By-law 99- , , 1999 A.D. LOT 35 OLD BLOOR STREET KILGANNON AVENUE STREET "G" w > rr 0 STREET 'W I f- PICKARD GATE ::> ..- 0 (j) Z 0 0 (f) << .............. (f) .............. W .............. 0 .............. .............. () .............. cr ......... ..-.. Z STREET "A" 0 () w z STREET "K" -l [L~ STREET "J" z '" o f- ~ ZONING CHANGE FROM "(H)R2-11" TO "(H)R2-23" 1::::::::1 ZONING CHANGE FROM "(H)R1-41" TO "(H)R3" IiIlI ZONING CHANGE FROM "(H)R3" TO "(H)Rl-41" COURTICE t Mayor Clerk b'1] , ATTACHMENT NO.3 REVISED CONDITIONS OF DRAFT APPROVAL 18T-89037 1. That the excerpt from the Draft Approved Plan, dated May 31, 1999, proposi ng red- line revision to draft approval, be approved to permit Blocks 306 and 307 to develop as four (4) lots for semi-detached/linked dwelling units numbered 264 to 267 inclusive, and to permit the existing Lots 246 to 267 inclusive to develop as two townhouse blocks (11 units) numbered as Blocks 306 and 307. 2. The Owner acknowledges and agrees to provide two (2) outdoor parking spaces for each single detached and semi-detached dwelling unit to be constructed within draft Plan of Subdivision 18T-89037. Where the two outdoor parking spaces are provided side by side, the combined minimum width of the two spaces may be reduced to 4.6 metres provided the minimum landscaped open space within the front yard is thirty (30%) percent. Furthermore, Subdivision Agreement 18T-89037 shall be amended to include this provision. 3. Prior to issuance of a building permit for any lot zoned "R2-23", the builder must submit, to the Director of Public Works for his review and approval, a "Lot Grading and Drainage Plan". The Director of Public Works has the authority to deny issuance of a building permit should the Lot Grading and Drainage Plan not meet the Municipality of Clarington standard design criteria. 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