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Home My WebLink AboutPSD-034-10Clari~gton REPORT ceaa~~g rke way PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 8, 2010 Resolution #: ~ l~f-}` /MFG -/b By-law #: ~~o'6a3 Report #: PSD-034-10 File #: ZBA 2010-0003 Subject: REZONING TO PERMIT 50% OF 18 LOTS TO HAVE GARAGE DOORS THAT MAY PROJECT TO A MAXIMUM OF 1.25 METRES FROM THE DWELLING GROUND FLOOR FRONT OR EXTERIOR SIDE WALLS OR COVERED PORCH APPLICANT: COURTICE HOMESTEAD LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-034-10 be received; 2. .THAT the rezoning application submitted by Courtice Homestead Land Corporation be approved and that the Zoning By-law Amendment as contained in Attachment 2 be adopted by Council provided there are no significant issues raised at the public meeting; and 3. THAT all interested parties listed in Report PSD-034-10, and any delegations be advised of Council's decision. Submitted by: li / a e Langm , FCSLA, MCIP Acting Director, Planning Services BR/CP/df 1 March 2010 Reviewed by: ~J ° ""~-~-=- Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-034-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Courtice Homestead Land Corporation 1.2 Proposal: To rezone 18 lots to permit 50% of the lots to have garage doors that may project to a maximum of 1.25 metres from the dwelling ground floor front or exterior side walls or covered porch 1.3 Area: 0.77 hectares (1.90 acres) 1.4 Location: East of Trulls Road, North of Daiseyfield Avenue, Courtice (Attachment 1) 2.0 BACKGROUND 2.1 On November 9, 2009, Council considered and recommended approval of an application for a Proposed Plan of Subdivision and Zoning By-law Amendment for Courtice Homestead Land Corporation to allow a subdivision with 31 single detached dwellings on the east side of Trulls Road. On February 8, 2010, Courtice Homestead Land Corporation submitted an application to rezone 18 of the lots in the recently approved subdivision. The 18 lots are all fronting the east side of the internal local street accessing the subdivision. The rezoning is to permit 50% of the 18 lots to have garage doors that may project to a maximum of 1.25 metres from the dwelling ground floor front or exterior side walls or covered porch. 2.2 In pre-consultation with staff, the applicant noted that most home buyers are looking for two car garages and if the associated garage door is consistent with the existing R2-55 Zoning fora 12.0 metre wide lot, that is, flush with the front wall of the dwelling there is ground floor space in the dwelling approximately 2.1 metres (7 ft.) wide and 6.1 metres (20 ft.) deep that is difficult to efficiently use in the house design. The application would allow 50% of the 18 lots to have the front wall stepped back, also providing more variety in the house design. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The portion of the subject property for which rezoning is proposed is fairly flat whereas abutting it on the east is valleyland for a tributary of Farewell Creek. 3.2 The surrounding uses are as follows: North - vacant South - detached dwellings on Trulls Road and Gellman Court with wooded valleyland in between East - vacant but wooded West - west half of draft approved subdivision plan (vacant) and beyond, Trulls Road REPORT NO.: PSD-034-10 PAGE 3 4.0 PROVINCIAL POLICY AND OFFICIAL PLANS 4.1 The proposed rezoning is consistent with provincial policy, and the Durham and Clarington Official Plans. 5.0 ZONING BY-LAW 5.1 Zoning By-law 84-63, through a recent amendment dealing with the subdivision as a whole, zones the subject lands "Urban Residential Exception (R2-55)". This zoning allows single detached dwellings on lots having a 12.0 metre frontage. As noted above the applicant is looking to modify the setback of the dwelling wall or covered porch relative to the garage. 6.0 PUBLIC NOTICE AND SUBMISSIONS 6.1 Public Notice was given by mail to each landowner within 120 metres of the subject property. A public notice sign was installed on the subject property fronting onto Trulls Road, 23 days prior to the public meeting date. 6.2 As of the writing of this report, staff has received no inquiries. 7.0 AGENCY COMMENTS 7.1 The Regional Planning Department was circulated and have verbally advised they have no concern with this application. 7:2 Clarington Engineering Services had no concerns with the proposal at the pre- consultation stage and therefore, was not circulated. 8.0 STAFF COMMENTS 8.1 No issues have been identified with the proposed rezoning. After reviewing the issues identified by the applicant with the house design, Staff can support the application in that it generates much more efficient house design as well as providing opportunity for greater variety in the streetscape, while ensuring the garage is not the dominant feature. 8.2 The Finance Department advises that property taxes have been paid. REPORT NO.: PSD-034-10 PAGE 4 9.0 CONCLUSION 9.1 Provided there are no significant issues raised at the Public Meeting, Staff respectfully recommends that the proposed amendment to By-law 84-63 be approved, as shown on Attachment 2. Staff Contact: Bob Russell Attachments: Attachment 1- Key Map Attachment 2- Zoning By-law Amendment List of interested parties to be advised of Council's decision: Hannu Halminen Durham Region Planning Department Attachment 1 To Report PSD-034-10 a 'a ~ R m ~ .~N N>~ N.~ O Z W J 7 N ~ R , _ D m U ~, g ~ W a ~ - ~ s ~ U1 ' N p O Q N O ~ ~, ~z o v m O ~ c = O O ~ J O Q d f0 :: ~ ~ J ~ V L ~ g U O Q ~ ~ d ,~ ~ N a m m p 0 ~ Q °' L Z ,,. N 3 -o c ~ c a c in - o a~ `~ a 0 Z 1 3 Q ~ ~ a ~ - U ~ ~- T Z O a m ~ ~ ~ ~ p~ £ NOISS30N00 0£ lOl fA w U N C Q W ~ O Q N O ~ M V J ~ w ~ Q o z _ cn w g _ z ~~ ~Z _ ~w h LL Q ~ m Q £ Z O w $ a Q . ' ~ a vn w. " • on -' £i z~ a 0~ s s ~ s 5 r r a4 °E z i ugl A .0 -81 N 9N[N3gi~ Qalltl uB13 . .e ... ~..,,. ~.. ..., .« ..., W Q Q W ~ W ~ ~ ~ J W tt W W Q N Q O Attachment 2 To Report PSD-034-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 Municipality of Clarington for ZBA 2010-0003; 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 13.4.74 as follows: "13.4.74 URBAN RESIDENTIAL EXCEPTION (R2-74) ZONE Notwithstanding Sections 13.2 a); c) i), ii), iii); e); g); and h) those lands zoned R2- 74 on the Schedules to this By-law shall be used subject to the following regulations: a. Lot Area (minimum) b. Yard Requirements i) Front Yard ii) Exterior Side Yard 360 square metres 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch 6.D metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard with private garage or carport - 1.2 metres; without private garage or carport - 3.0 metres on one side and 1.2 metres on the other side c. Lot Coverage (maximum) i) One Storey a) Dwelling 50% b) Total of Buildings and Structures 55% ii) All Other Residential Units a) Dwelling 40% b) Total of Buildings and Structures 45% d. Attached Garage Requirements (maximum) i) All 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 except that 50% of the lots zoned R2-74 may have garage doors that 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 lot line e. Height (maximum) i) .One Storey ii) All Other Residential Units 8.5 metres 10.5 metres 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R2-55) Zone" to "Urban Residential Exception (R2-74) Zone" as illustrated on the attached Schedule "A" hereto. 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 Ad. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day- of , 2010 A.D. I. -i _._.~; ,. o . 6 FUTURE li ADELAIDE AVE 1 _._ _ ~. ~. ~~ t, 1 ~ ... II ? _ ~~ o _.-.~ 1 °' C r= n ,~~_ _._ II ~. z ~ ~^ _. _.I - N I ~ n _..{ I O ^ W ~~ ~ m° p r. _. ~ 1 ~ ~ .,: U 1 I F N ; ~I i L.~~ •- DAISEYFIELD AVE 0 _ J ~i I I . ., .~-; I _____-_-_-_ ,V -_I I I -~~ ®Zoning Change From "R2-55" To "R2-74" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk __ -- ~ A L- -s /,VI -_ -~ I . i_- - --- ~ ~ - - - L -_~- L -I i, _ - __- r.. ® ® CO URTICE 'I zeA zo~oaoo~