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HomeMy WebLinkAboutPSD-060-08 ~~~mgron REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~ Monday, June 16, 2008 ~D\\JtOY\ B ~-A-~7S-0~ Meeting: Report #: PSD-060-08 File #: ZBA 2008-0004 By-law #: Subject: MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING BY-LAW 84-63 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-08 be received; 2. THAT the proposed changes to By-law 84-63 continue to be reviewed to address outstanding issues and any concerns raised at the public meeting; and 3. THAT the interested parties listed in this report be advised of Council's decision. Submitted by: Reviewed by: Da i . Crome, M.C.I.P., R.P.P. L1 Director of Planning Services /0' ' TWfCPfDJCfdf 10 June 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-060-08 PAGE 2 1.0 BACKGROUND 1.1 On September 24, 2007, Council adopted a Resolution #C-488-07 directing staff to proceed with a Zoning By-law amendment allowing recreation vehicles to be parked within a garage; restrict the size and number of the recreational vehicles parked and/or stored on a residential property; and to provide limited timeframes for vehicles that are larger than a proposed size. 1.2 The direction to regulate recreational vehicles was a result of resident complaints regarding the parking of recreational vehicles on private residential properties. Through the Clerk's Department investigation, it was determined that the most effective way to regulate recreational vehicle parking was by amending the Zoning By-law. 1.3 Currently the Municipality's Zoning By-law has no specific regulation for recreational vehicles in residential areas. 1.4 In addition to providing regulations for recreational vehicles and trailers, this amendment proposes a number of other changes as follows: . Modifications to regulations for Accessory Buildings and Structures and Uses based on current trends in minor variance applications and changes brought forward by other local municipalities. . A modification to the definition of cartage or transport depot is also contemplated. . In accordance with Section 15.3.1 of the Official Plan, Aggregate Extraction Areas which have had their licenses surrendered will be rezoned in accordance with the underlying Official Plan designation. This last item is considered a housekeeping item. 2.0 PUBLIC NOTICE AND SUBMISSIONS 2.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Clarington This Week on May 16, 2008 and the Orono Times on May 21, 2008. 2.2 Numerous general inquiries were received from the public. One gentleman indicated that he was happy with the proposed regulations for parking recreational vehicles in a driveway as his neighbour's motor home extends over the boulevard. Another gentleman suggested larger recreational vehicles and trailers be permitted in a driveway for one week per month rather than the proposed 72 hours. 2.3 In addition to the Public Meeting, staff will host a public information centre on June 12, 2008, after the writing of this report, to present the proposed amendment to the public and receive feedback. REPORT NO.: PSD-060-08 PAGE 3 3.0 AGENCY COMMENTS 3.1 The proposed Zoning By-law Amendment was circulated to relevant agencies for comment. The Clarington By-law Enforcement Division is finalizing their review and comments on the proposed Zoning By-law Amendment. 3.2 The Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority offered no objections to the proposed amendment. 3.3 The Region of Durham Planning Department indicated that the proposed Aggregate Areas to be rezoned are already removed from the Durham Regional Official Plan. Section 9D.2.2 of the Durham Regional Official Plan indicates aggregate resource extraction areas no longer licenced shall only be used for those uses permitted within "Prime Agricultural Areas", and within the "Greenlands System". The section further indicates the respective Zoning By-laws be appropriately amended. The five aggregate extraction areas proposed to be rezoned all have their licence cancelled, surrendered, or revoked. Thus, the proposed amendment conforms to the Regional Official Plan. This application has been screened in accordance with the terms of the Provincial plan review responsibilities. There are no matters of Provincial interest applicable to this proposed general amendment to Zoning By-law 84-63. 3.4 The Clarington Building Division requested that all accessory buildings and structures have a minimum height of 4 metres in order to accommodate an adequate roof slope on buildings or structures with standard height walls and a width in excess of 3.4 metres. It was also noted that townhouse lots with frontages of 6 metres and rear lanes may not be able to accommodate a detached garage within 10 per cent of the total lot area. If the 10 per cent lot coverage is approved, and 6 metre wide lots are contemplated in the future, it may be necessary to implement site specific zoning to provide adequate lot coverage for detached garages. 3.5 The Clarington Engineering Services Department does not endorse or advocate the construction of accessory structures with a setback of less than 1.2 metres. To facilitate maintenance of the structures, fences, adjacent landscaping and drainage swales a setback requirement of 1.2 metres needs to be maintained. Current Municipality of Clarington Design Criteria for storm drainage in urban residential areas allowS tributary drainage areas of up to 0.1 hectares. The Municipality's guideline for swales provides for 150 mm in depth and with appropriate side slopes. Proper accommodation of many drainage swales warrants a setback of 1.2 metres in order to facilitate construction of a drainage swale that is not only adequately sized but that also provides ease of maintenance to a residential property owner. In addition to the above-noted comments we would also advise that many of the currently permitted zoning setbacks within urban residential areas are not compatible with the Municipality of Clarington Design Criteria for lot grading. They request that in conjunction with the review process for these proposed amendments that a general review of urban residential setbacks be undertaken. REPORT NO.: PSD-060-08 PAGE 4 All other concerns have been addressed through adjustments to the proposed modifications. 4.0 STAFF COMMENTS 4.1 Trailer and Recreational Vehicle Parking in Residential Zones 4.1.1 It is proposed that trailers and recreational vehicles not exceeding 2.4 metres in height and 5.5 metres in length may be parked on a driveway in an urban residential zone. Trailers exceeding this size may be parked in a driveway for not more than 72 hours in one month provided a setback of 0.5 metres from the property line is maintained. This recognizes that residents need adequate time to prepare for a vacation while protecting sidewalks from obstructions. 4.1.2 Other than the driveway, parking and storage of recreational vehicles is limited to the side and rear yards. In an urban residential zone the size is restricted to 6 metres in length and 2.9 metres in height. Given the significant size of these vehicles it is appropriate to limit there size as they could impact adjacent properties similarly to an accessory structure. .4.1.3 Storage of trailers or recreational vehicles is not limited to size or number provided they are within a permitted accessory building or structure. However, in an urban residential zone, only one trailer or recreation vehicle is permitted to be stored or parked in the open. In rural residential zones and agricultural zones two are permitted. 4.1.4 The regulation for visibility triangles has also been modified to ensure trailers or recreational vehicles are not parked or stored within a visibility triangle on a corner lot. 4.1.5 A definition of Recreational Vehicle is proposed to include all recreational trailers, snowmobiles, boats, personal watercraft, and all-terrain vehicles. Definitions are also proposed to distinguish between urban and rural residential zones. 4.1.6 The proposed regulations will make it difficult for residents in urban residential zones to legally store large recreational vehicles and trailers on their property. Many urban lots would not accommodate access to the side and rear yards for storage. As such, there will be an increased demand for storage facilities. Currently there are a number of outdoor storage facilities for recreational vehicles which are operating without the appropriate zoning in place. The By-law Enforcement Division has been in contact with these facilities to advise that their properties must be brought into compliance with the Zoning By-law. 4.2 Accessorv BuildinQs. Structures and Uses 4.2.1 Currently Zoning By-law 84-63 ties the total lot coverage permitted for accessory buildings and structures to 40 percent of the main building total floor area. The application of this regulation has not been easy for the general public to apply as they first must determine the floor area of their dwelling. This can be particularly difficult in REPORT NO.: PSD-060-08 PAGE 5 the case of a finished basement. The floor area of a finished basement can only be applied if at least half of the basement walls are above the average finished grade level on the exterior of the dwelling. This is also difficult for staff to confirm without undertaking site inspections. 4.2.2 To simplify this regulation, lot coverage is proposed to be 10% of the total lot area for residential, agricultural and public uses. Fifty percent of the ground floor area is proposed as lot coverage for commercial and industrial zones. It should be noted that in agriculture zones, barns are not an accessory structure. In consideration of larger lot sizes, a cap on the permitted floor area is proposed at 90 m2 (969 sq. ft.) for rural residential or agricultural zones and 60 m2 (646 sq. ft.) for all urban residential zones and all other zone categories. The 90 m2 maximum is also consistent with By-law 109-2005 for the Oak Ridges Morraine. The maximum lot coverage for both the principle and accessory buildings and structures of the respective zone category also applies. 4.2.3 Currently the maximum height permitted for accessory buildings and structures is 5 meters. It was assumed in the past that this height would limit the potential for a second storey or loft area in an accessory structure. However, second stories and loft spaces have been accomplished through creative design. In some instances the massing of such structures has not been appropriate, particularly in an urban residential area with smaller lots. In order to refine the height requirement, a maximum height of 3 metres is proposed for buildings and structures with floor areas less than 10m2 (107 sq. ft.). For all other accessory buildings or structures in urban residential zones, a maximum height of 4 metres is proposed. All other zones would allow a maximum height of 4.5 metres. 4.2.4 The most significant change is a proposed side and rear setback of 0.6 metres in an urban residential zone as opposed to the current 1.2 metres. A reduction in these yards is a typical minor variance request and is consistent with the setbacks permitted in many other Municipalities across the Province. The setback is currently measured from the eaves and gutters which is difficult to determine on most surveys that illustrate building footprints. In order to recognize the 0.6 metre setback from the wall, a maximum projection of 0.3 metres into the setback is allowed for eaves and gutters. This is a consistent approach with how setbacks are defined for dwellings. 4.2.5 A new exterior side yard setback of 1.2 metres is also proposed for aliaccessory buildings and structures with the exception of a detached garage. This will be particularly beneficial for residents who wish to install a swimming pool on a corner lot. Currently, a minor variance to reduce the exterior side yard is often required in order to install a swimming pool. 4.2.6 An exclusion of trailers or portable buildings from being used as accessory structure has also been added. The use of these structures has been a source of numerous complaints due to their aesthetic quality. REPORT NO.: PSD-060-08 PAGE 6 4.2.7 Section 3.16 f) permits buildings for the parking or storage of buses and commercial motor vehicles to have a 150 m2 floor area on a non-farm related residential lot in an agricultural zone. This would be a "loophole" around the proposed changes for the size of accessory buildings, as it is difficult to determine if buildings proposed under this section will actually be used for the intended purpose. Staff therefore propose that this section be deleted. Any proposed building for this purpose would need to proceed by site-specific Zoning Amendment. 4.3 Cartaqe or Transport Depot 4.3.1 The Zoning By-law currently contains two similar definitions for one land use: one for "Cartage or Transport Depot" and a second for 'Transport or Cartage Depot". A technical amendment is proposed to consolidate these land use definitions and to require that a "Cartage or Transport Depot" must have a building constructed. This is to ensure that the lands could not simply be developed as a parking lot. 4.4 Aqqreqate Extraction Areas 4.4.1 Section 15.3.1 of the Clarington Official Plan indicates that the Municipality will amend the Zoning By-law to delete aggregate extraction and associated uses once the aggregate extraction licence is revoked or surrendered. The overlay Aggregate Extraction Area designation is deleted from the Official Plan, without the need for a formal amendment, leaving the underlying permanent designation. 4.4.2 Six properties have had their licences surrendered and it is now appropriate to rezone those in accordance with the corresponding Official Plan designation. The location of the properties is contained in Attachment 4. 5.0 CONCLUSIONS 5.1 It is recommended that the Application to Amend the Zoning By-law continue to be reviewed to address outstanding issues and concerns raised at the Public Meeting. Attachments: Attachment 1: Proposed Modifications dealing with recreational vehicles and trailers Attachment 2: Proposed Modifications dealing with accessory buildings and structures Attachment 3: Proposed Modification to cartage or transport depot definition Attachment 4: Location of Aggregate Extraction to be rezoned REPORT NO.: PSD-060-08 PAGE 7 List of Interested Parties to be notified of Council's decision: Tim and Sandra Kerns T. Major Stephen Uriadka Steve Burt Bill Rapanos Linda VanGestel Everette DeHart Brian Cullen Dave McCargar Steve Bobas Mike Bilsky Uriadka Mykola Durya Persaud David Wallace Barber Mike and Melissa Girard Shawn Deegan Leslie Ellen Hung Alice McKeen Adam James Stephenson Attachment 1 To Report PSD-060-08 PROPOSED MODIFICATIONS DEALING WITH RECREATIONAL VEHICLES AND TRAILERS Section 2 Definitions Add or modify the following definitions DRIVEWAY Shall mean the portion of a lot extending to the streetline, designed to provide motor vehicle access from the lot to the traveled portion of the street, private road or lane. RECREATIONAL VEHICLE A motorized or non-motorized vehicle that is used predominantly for recreational purposes, including mobile recreational trailers, snowmobiles, boats, personal watercraft and all-terrain vehicles. RESIDENTIAL ZONE Shall mean an Urban Residential Type One (R1) Zene, Urban Residential Type Two (R2) Zone, UrbAn Residential Type Three (R3) Zone, and an Urban Residential Type F.our (R4) Zone and the teFFA inGludes SpeGial EXGeption Zones to any of these 2!enes provided in the afer-esaid Dy law 84-63. Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet (RH) Zone, Residential Mobile Home (RM) Zone, Residential Shoreline (RS) Zone, Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. RURAL RESIDENTIAL ZONE Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet (RH) Zone, and Residential Shoreline (RS) Zone, and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. URBAN RESIDENTIAL ZONE Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exception Zones to any of these zones provided in the aforesaid By-law 84-63. 3.16 m. RECREATIONAL VEHICLE AND TRAILER PARKING IN RESIDENTIAL ZONES The following regulations apply to parking of recreational vehicles and trailers: i) Driveway a) A recreational vehicle or trailer, and any load thereon, .not exceeding 5.5 metres in length or 2.4 metres in height may be parked on a driveway in an urban residential zone. b) A recreational vehicle or trailer, and any load thereon, exceeding 5.5 metres in length or 2.4 metres in height may be parked on a driveway in an urban residential zone for a period not exceeding 72 hours in one calendar month with a minimum setback of 0.5 metres from the street line. c) A recreational vehicle or trailer, and any load thereon, may be parked on a driveway in a rural residential zone and Agricultural (A) Zone. ii) Storage Storage or parking of trailers or recreational vehicles shall be permitted within a garage, carport or other permitted accessory structure. iii) Location a) The parking or storage of a recreational vehicle or trailer, and any load thereon, not exceeding 6 metres in length or 2.9 metres in height shall be permitted in any side yard or rear yard in an urban residential zone. b) The parking or storage of a maximum of two (2) recreational vehicles or trailers, and any load thereon, shall be permitted in any side yard or rear yard in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto. iv) Number a) The owner may not store or park in the open more than one recreational vehicle or trailer, and any load thereon, on a lot in an urban residential zone. b) The owner may not store or park in the open more than two (2) recreational vehicles or trailers, and any load thereon, on a lot in a rural residential zone and Agricultural (A) Zone, or any exception zone thereto. 3.22 SIGHT VISIBILITY TRIANGLES On a corner lot, within the triangle space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 7.5 metres measured along the street line from the point of intersection of the street lines, no motor vehicle, as defined in the Highway Traffic Act, as amended, recreational vehicle or trailer, and any load thereon, shall be parked or stored, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected, and, no land shall be used for the purposes of growing shrubs or trees in excess of 0.75 metres in height. Attachment 2 To Report PSD-060-08 PROPOSED MODIFICATION DEALING WITH ACCESSORY BUILDINGS AND STRUCTURES 3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES a. PERMITTED USES Where this By-law pravides that a lat may be used ar a building ar structure may be erected ar used far a purpase, that purpase shall include any accessary building ar structure ar accessary use, but shall nat include the fallawing: i) any accupatian far gain ar profit canducted within ar accessary ta a dwelling unit ar an such lat assaciated therewith, except as is specifically permitted in accardance with this By-law; ar ii) any building used far human habitatian except as is specifically permitted in accardance with this By-law; ar iii) a maximum af three (3) cain-aperated pinball ar videa machines ar ather electronically ar mechanically cain-aperated entertainment machines as accessary uses within a Cammercial zane. b. RELATION TO STREET A permitted accessary building ar structure may be lacated between the principal ar main building an the lat and the streetline, provided such accessary building ar structure camplies with the yard and setback requirements af the Zane in which such building ar structure is lacated. c. RELATION TO PRINCIPLE OR MAIN BUILDING - DELETED c. LOT COVERAGE The tatallat caverage af all accessary buildings and structures, except swimming paals, shall nat exceed: forty perGent af the main building total flaar area, er ~g percent of the prescribed minimum fleer area fer a r-esidential dwelling within the applicable zone, whichever is greater, nar, shall the heiElht af any 3ocessal)' building or struotur-c exceed 5.0 metres i) Ten percent af the tatallat area in a residential ar agricultural zane. ii) Fifty percent af the graund flaar area af the principal building in a cammercial ar industrial zane. iii) Ten percent af the lat area far Public Uses. d. FLOOR AREA The tatal f1aar area far accessary buildings and structures shall nat exceed: i) 90 m2 accessory to a dwelling in a rural residential or agricultural zone. ii) 60 m2 in all other zones. e. HEIGHT The total height for accessory buildings and structures shall not exceed: i) 3 metres for buildings or structures with a floor area less than 10m2; ii) 4 metres in an urban residential zone; and iii) 4.5 metres in any other zone. f. ACCESSORY BUILDINGS FOR SCHOOL 8USES OR COMMERCIAL MOTOR VEHICLES In the case of an accessory building being used for the parking or storage of school buses or commercial motor vehiEJles on a non farm related resiElential lot in an agricultural zone, the maximl,lm height of sl,lch aEJEJessory building shall be 5 metres and the total floor area for all aCEJessol)' bUildiAgs shall not ex Geed 150 squar-e metres. g. BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES Notwithstanding any other provision of this By-law to the contrary, a boat house, pump house or docking facilities may be erected and used in the required yard of a lot abutting a navigable waterway, provided, such accessory buildings or structures comply with all other side yard requirements of the respective zone. h. INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE YARD REQUIREMENTS Where an accessory building or structure is located in an interior side or rear yard it shall not be closer to the interior side lot line or the rear lot line than ~ metres 0.6 metres in an urban residential zone and 1.2 metres in all other zones to the interior side lot line or rear lot line. An accessory building or structure, other than a detached garage, located in an exterior side yard shall not be closer than 1.2 metres to the exterior side lot line in an urban residential zone. A detached garage shall comply with the zone minimums for permitted residential use. i. GATE HOUSE IN INDUSTRIAL ZONE Notwithstanding the yard and setback provisions of this By-law to the contrary, in an industrial zone, a gate house shall be permitted in a required front or side yard or in the area between the street line and the required setback, but in no instance shall such gate house be located closer than 1.25 metres to the street line or in a sight triangle. j. MOTOR VEHICLE FUEL BAR SHELTER Notwithstanding the yard and setback provisions of this By-law to the contrary, in the service station commercial zone, a fuel bar shelter shall have a total floor area of not more than 9 square metres. k. YARD REQUIREMENTS Notwithstanding the yard and setback provisions of this By-law to the contrary, every part of any yard to be provided in all zones shall be open and unobstructed by any structure from the ground to the sky, except for the following: i) sills, belt courses, cornices, chimney breasts, bay windows, cantilevered floor areas, pilasters or parapets may project into any yard to a distance of not more than 0.75 metres; ii) eaves or gutters, for other than an accessory building or structure, may project into any required yard a distance of not more than 0.75 metres; iii) eaves or gutters for an accessory building or structure may project into any required yard 0.3 metre; iv) balconies, canopies, unenclosed porches, steps or patios may project into any required front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required side yard be reduced to below 1.2 metres. v) fire escapes may project into any required side or rear yard to a distance of, not more than, 1.5 metres; vi) fences, freestanding walls, flag poles, clothes poles, diving boards, antennae, light standards, and similar accessory structures and appurtenances, and hedges, trees, and shrubs are permitted, but in the case of a residential interior lot line situated in any residential zone, no structure, hedge or obstruction that is more than 0.75 metres in height is permitted within 3 metres of any street line where such structure, hedge or obstruction will impede vision between a height of 0.75 metres and 2.5 metres above the centreline grade of an access from any improved public street to any lot. I. EXCLUDED USES No trailer or portable building shall be used as an accessory structure. Attachment 3 To_ Report PSD-06~-O~ PROPOSED MODIFICATION TO CARTAGE OR TRANSPORT DEPOT DEFINITION CARTAGE OR TRANSPORT DEPOT Shall mean a building, struoture or plaoe 'Nhere truoks or traotor trailers are rented, leased, kept for hire, or stored or parking for remunemtien, or from whioh truoks or transports, stored or parked on the property, are Elispatohed for hire as Gemmon oarriers. TR/\NSPORT OR C/\RTI\GE DEPOT Shall mean a builEling or struoture or lot whore transport vehioles are kept for hire, rented or leased, or stored or parked for remunemtion, or from which transpert '!ehicles are dispatoheEl for hire as common carriers and may inolude a warehouse, but shall not include any other use or activity otherwise defined or classified in this By la...:. CARTAGE OR TRANSPORT DEPOT Shall mean a building or structure and lot where transport vehicles are kept for hire, rented or leased, or stored or parked for remuneration, or from which transport vehicles are dispatched for hire as common carriers and may include a warehouse, but shall not include any other use or activity otherwise defined or classified in this By-law. Attachment 4 To Report PSD-060-08 - -/ ---- ---- =- - .. hLr~ r \ ~ A - " , , I - 9~ PeoH IlluOI8eH i ~ v '@' ( gr - - **' l - I ~ I ~ I Q ~ ~ I - . ~ . - 1- , \ . "'- u c , . ~ " l I ,~ I l S~~Jg& Jt1!M1I61H J "- g- }i ~ &. - - r ~~ r- ~ I ~ .. 11''' ~ :t~~ ~ ..:::: ~ '-" :z:5: Ira l ~ 'j~ if - / 1j :-' I I[C~" '- ~ ~ I<i:'l ~ . 3 J_ -~ 0: c 0 ~ - yl is pea}:! leuOI6eH ~ . A/. ~ I I jJ \ . / I L. -.- I / 4' I .--/" ~ %1 I J : - - I ~ '>> I --y-- : E peo}:! a:m.mo:) .. : ~ ~ ... ;;:~ I ~ <00 t: - /5> ------- --- \ 1 r I J .