HomeMy WebLinkAboutPD-56-99
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.... 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
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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
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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
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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
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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"
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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
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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"
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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
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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. Furthermore, Subdivision
Agreement 18T-89037 shall be amended to include this provision.
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