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Home My WebLink AboutPSD-059-08 Cl~-mglOn REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE RESO\u.t;~ {1 fA ~~ 1 tj-- crl Monday, June 16,2008 Meeting: Report #: PSD-059-08 File #: ZBA 2008-0009 By-law #: ~CD'l.-1 O~ Subject: AMENDMENT TO THE ZONING BY-LAW TO PERMIT DWELLINGS WITH A VARIETY OF GARAGE PROJECTIONS AND GARAGE WIDTHS APPLICANT: PRESTONVALE ROAD LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-059-08 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, that the rezoning application submitted by Prestonvale Road Land Corporation be APPROVED; 3. THAT the amending By-law as shown in Attachment 2 be forwarded to Council for APPROVAL; 4. THAT a copy of Report PSD-059-08 and the attached amending By-law be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. S'''''';tIed bY" R."OWed by, ~%J David J. rome, M.C.I.P., R.P.P. L.( in Wu, Director of Planning Services 1) Chief Administrative Officer SAlCPIDJC/sh/av/df June 10, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-059-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 ApplicanUOwner: Prestonvale Road Land Corporation 1.2 Proposal: To rezone the subject lands from "Holding - Urban Residential Exception ((H)R2-44)" and "Holding - Urban Residential Exception ((H)R2-45)" to an appropriate zone to permit single detached dwellings with garage projections beyond the dwelling's front wall or covered porch projection and garage widths in excess of 40% of the width of the lot frontage. 1.3 Site Affected: Eighteen (18) lots with 1 0 metre frontages zoned ((H)R2-44) and thirty-three (33) lots with 12 metre frontages zoned ((H)R2-45). 1.4 Location: The subject lands are located in Courtice, east of Prestonvale Road and the majority of the application is on the north side of Oke Road (Attachment 1). The property is contained within Part Lots 32 and 33, Concession 2, and part of the former road allowance between Lots 32 and 33, Concession 2,in the former Township of Darlington. 2.0 BACKGROUND 2.1 On May 2, 2008 the applicanUowner submitted an application to the Municipality of Clarington to rezone the subject lots to change the permitted garage projections and garage widths on single detached dwellings within Draft Approved Plan of Subdivision S-C-2007-0003. At this time there are no dwellings under construction as the applicant has not entered into a subdivision agreement with the Municipality nor has the Plan of Subdivision been registered. 2.2 In October 2007, S-C-2007-003 was considered by Council. Council recommended approval of the subdivision and approved the zoning by-law amendment to implement the Draft Plan of Subdivision. Shortly after receiving draft approval, the applicant's architect prepared house designs for the subdivision. The designs prepared complied with the Municipality's Architectural Control Guidelines but did not take into consideration the approved zoning. 2.3 The applicant had their sales brochures and marketing information printed for future purchasers. When the applicant began to prepare individual lot grading plans, it was noted that not all the dwellings would meet the Zoning By-law requirements. Due to the time and expense of re-designing, re-printing, and re-submitting for approval, the applicant has instead submitted the rezoning application for Council's consideration. 2.4 The applicant has a total of nine (9) models for this development. Four (4) of the models do not comply with the zoning requirements. One model for the 10 metre frontage lots (R2-44) does not comply for either garage projection beyond the dwellings front wall or covered porch, or garage width in excess of 40% of the width of the lot. Three models for the 12 metre frontage lots (R2-45) do not comply for garage width in excess of 40% of the width of the lot. " REPORT NO.: PSD-059-08 PAGE 3 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Currently the draft approved lots for which the rezoning has been requested are vacant. 3.2 Surrounding Uses: North: South: East: West: urban residential -single detached dwellings vacant lands, draft approved for 61 single detached dwellings (S-C- 2007-0009) urban residential - single detached dwellings urban residential - single detached dwellings 4.0 PROVINCIAL POLICIES 4.1 Provincial Policv Statement This application would be consistent with the Provincial Policy Statement. 4.2 Growth Plan This application would conform with the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the land "Living Area" within the "Urban System". Lands designated "Living Areas" shall be predominantly used for housing purposes. The application seeks to change the site specific zoning for architectural design of the dwelling. The proposed use, single detached dwellings, will conform with the policies of the Durham Regional Official Plan. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the land "Urban Residential" and is slated for low density development. Low Density development is for 10-30 units per net ha, and is predominantly for single detached and semi-detached/link dwellings. Low density areas are generally internal to neighbourhoods and are not abutting arterial roads. The Clarington Official Plan also includes urban design principles which state that house designs should incorporate features such as prominent entrances and front porches, and that garages should not be the dominant feature of the streetscape or the house. While the proposal relaxes the requirements of the Zoning By-law to reduce the prominence of the garage, staff find that the application is in conformity with the Official Plan. REPORT NO.: PSD-059-08 PAGE 4 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Holding - Urban Residential Exception (H(R2-44))" and "Holding - Urban Residential Exception (H(R2-45))". The applicant has applied to rezone a portion of the Draft Approved Plan of Subdivision to permit garage projections beyond the dwelling's front wall or covered porch projection, and garage widths in excess of 40% of the width of the lot frontage of 1 0 metres, as currently required by the Zoning By-law. 6.2 The zoning for this subdivision was approved in October 2007 as Holding - Urban Residential Exception (H(R2-44)) and "Holding - Urban Residential Exception (H(R2- 45)). These zones require that garage doors shall not be located any closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection and in the "R2-44" zone only, that the outside width of the garage shall be a maximum of 40% of the width of the lot frontage. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 7.2 At the writing of this report no written or verbal concerns had been received by the Planning Services Department. 8.0 AGENCY COMMENTS 8.1 All agencies/departments circulated this application had no objections or comments. 9.0 STAFF COMMENTS 9.1 Draft Approved Plan of Subdivision, S-C-2007-0003, is an infill subdivision comprised of a new section of Oke Road and Rex Tooley Lane. It is located between existing dwellings fronting on Prestonvale Road, Oke Road and Beechnut Crescent. Dwellings on Oke Road and Beechnut Crescent were constructed between 1988 and 1992. The zoning requirements at that time had no restriction on garage projections or on the maximum width of an attached garage. The dwellings on the east side of Prestonvale Road are currently under construction and are required to meet a maximum projection of 3 metres in front of the dwelling unit for an attached garage. There is no restriction on the maximum width of an attached garage. REPORT NO.: PSD-059-08 PAGE 5 9.2 In 2002 the Municipality of Clarington introduced Architectural Control Guidelines to improve the aesthetics of residential subdivisions. More recently, the Municipality has been further regulating attached garages through stricter zoning requirements. 9.3 The subdivision is an infill development in a community that has developed over several years and has different housing styles in terms of garage projections and widths relative to the lot. The zoning amendment approved for this site provides a more restrictive requirement on garage projections. A number of the models comply with the more restrictive requirement and all comply with the Municipality's Architectural Control Standards. In consideration of the number of lots in question and the infill nature of this proposal staff have no objection to the requested changes provided that no significant issues are raised at the Public Meeting. 9.4 The "Urban Residential Exception (R2-44) Zone" for 10 metre frontage lots, requires that the garage door shall not be located any closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection and that the outside width of the garage shall be a maximum of 40% of the width of the lot frontage. There are eighteen (18) 10 metre frontage lots, fronting on Rex Tooley Lane. Within the "R2-44" zone, there are three (3) models proposed by the builder. One (1) of these (shown below) does not comply with the attached garage requirements for garage projection and garage width. The proposed attached garage projection is 1.98 metres (6.5 ft) and the proposed garage width is 44% of the lot width. 9.5 Staff is proposing through the Zoning By-law Amendment in Attachment 2, a new exception zone for the 10 metre frontage lots that permits an attached garage projection of a maximum of 2.0 metres from the front wall of the dwelling or exterior side wall or the covered porch and a maximum garage width of 44% of the lot width (4.4 metres) for a maximum of 33% of the lots currently in the "R2-44" zone. Through the building permit review process, staff and the control architect for the Municipality, will track the number of permits issued to ensure that the 33% is not exceeded. 9.6 The "Urban Residential Exception (R2-45) Zone" for 12 metre frontage lots requires that garage doors shall not be located any closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection. There are thirty-three (33) lots within this "R2-45" zone. 805 REPORT NO.: PSD-059-08 PAGE 6 9.7 Within the "R2-45" zone, the builder is proposing six (6) models. Of these six (6) models, the three (3) shown do not comply with the garage projection requirements. The model drawings propose that the garage would project beyond the front wall of the dwelling or the covered porch ranging from 1.12 metres (3.7 ft) up to 1.22 metres (4.0 ft). In the Zoning By-law Amendment contained in Attachment 2, staff proposes that a new exception zone for the lots with a minimum lot frontage of 12 metres permit a maximum garage projection of 1.25 metres from the front wall of the dwelling or exterior side wall or the covered porch for up to 50% of the lots zoned "R2-45". 9.8 Clarington Finance advises that for the subject lands all taxes have been paid satisfactorily. 806 REPORT NO.: PSD-059-08 PAGE 7 10.0 RECOMMENDATION 10.1 Based on the comments contained in this report, staff do not object to the rezoning application being APPROVED as shown in Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Prestonvale Road Land Corporation ,({/!iJ- -, c~ _ _ ~ ItlliI!rmrn~ i 1_':,'''''iB-~ ~ s ~~~I' r ~ +H11Iu ~I~.~ ~ ~W ~:," ~;~ ,= II 8. 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It , ~ ~ " "zv' , ~ rt, ~ I.J:: ~ i~9 X1g_ " - aVO<i ,.. !~ == I~I ; w :.:O' cO' 37VItN01S3<id I . - r-- Attachment 2 To Report PSD-059-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the 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 to implement ZBA2008-0009; 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 amended by adding thereto the following new Special Exception 13.4.63 as follows: "13.4.63 URBAN RESIDENTIAL EXCEPTION (R2-63) ZONE Notwithstanding Section 13.1 those lands zoned "R2-63" on the attached Schedule to this By-law shall be subject to the following zone regulations: a. Lot Area (minimum) 300 square metres b. Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 1 0 metres 13.3 metres c. Yard Requirements (minimum) i) Interior Side Yard with attached private garage or carport 1.2 metres on one side and 0.6 metres on the other side; without an attached garage or carport 0.6 metres on one side and 3.0 metres on the other side 6.0 metres to private garage or carport and 4.5 metres to a dwelling ii) Exterior Side Yard d. Lot Coverage of one (maximum) i) Dwelling ii) Total and a half-storey and two storey dwelling 40 percent 45 percent e. Lot coverage of single-storey dwelling (maximum) i) Dwelling ii) Total 45 percent 50 percent f. Attached Garage Requirements (maximum) i) All garage doors shall not be located any closer to the street line than the dwelling's front or exterior wall or covered porch projection, except that 33% of the lots within the "R2-63" Zone may have garage doors project to a maximum of 2.0 metres from the dwelling's front wall or exterior side wall or covered porch; ii) In no case shall the garage door be closer than 6.0 metres from the front lot line or exterior side lot line; iii) The outside width of the garage shall be a maximum of 44% of the width of the lot frontage for a total of 33% of the lots zoned "R2-63". iv) Except as provided for f) (iii) above. the outside width of the garage shall be a maximum of 40% of the width of the lot frontage. " 2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto the following new Special Exception 13.4.64 as follows: "13.4.64 URBAN RESIDENTIAL EXCEPTION (R2-64) ZONE Notwithstanding Section 13.1 those lands zoned "R2-64" on the attached Schedule to this By-law shall be subject to the following zone regulations: a. Yard Requirements (minimum) i) Exterior Side Yard 6.0 metres to private garage or carport and 4.5 metres to a dwelling b. Lot Coverage (maximum) i) Dwelling ii) Total 40 percent 45 percent c. Attached Garage Requirements (maximum) i) All garage doors shall not be located any closer to the street line than the dwelling's front or exterior wall or covered porch except that 50% of the lots zoned "R2-64" may have garage doors project to a maximum of 1.25 metres from the dwelling's front wall or exterior side wall or covered porch; ii) In no case shall the garage door be closer than 6.0 metres from the front lot line or exterior side lot line." 3. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Exception ((H)R244) Zone" to "Holding - Urban Residential Exception ((H)R2-63) Zone", and "Holding - Urban Residential Exception ((H)R2-45) Zone" to "Holding - Urban Residential Exception ((H)R2-64) Zone", as illustrated on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of the By-law. 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 this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor p'; L. Barrie, Clerk This is Schedule "An to By-law 2008- passed this day of . 2008 AoDo , I , , -.J I -----] -i I I ~ , I 7 ., /:-/ ~ {-r- / ',I ' I . , , , . .. '-".0.. I j I'" , ' , :,.--"T"-- i \ ~ ~ \ \ J ~ ELZI Zoning Change From O(H)R2440 To "(H)R2-63" Zoning Change From O(H)R2-45" To "(H)R2-64" Jim Abernethy, Moyor Patti L. Barrie, Municipal Clerk ~ ~ J