HomeMy WebLinkAboutPSD-085-10Clarln~on REPORT
Leadeng the Way
PLANNING SERVICES
PUBLtC MEETING
Meeting:. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: July 5, 2010 Resolution #: t;Pq ~~/bF/~By-law #: c?0/0- D $ S
Report #: PSD-085-10 File #: ZBA 2010-0015
Subject: APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT
APPLICANT: BARR'S DEVELOPMENT LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-085-10 be received;
2. -THAT the revision proposed to the zoning by-law amendment is deemed minor and no
further public notice is required;
3. THAT the rezoning application submitted by Strike Furlong Ford on behalf of Barr's
Development Limited be approved and that the Zoning By-law Amendment as
contained in Attachment 2 to Report PSD-085-10 be adopted by Council provided there ,
are no significant issues raised at the public meeting; and
4. THAT all interested parties listed in Report PSD-085-10 and any delegations be advised
of Council's decision.
Submitted by: G Reviewed by: ~ ~"''~~--~
a e La gma' , FCSLA, RPP Franklin Wu,
A ing Direct of Planning Services Chief Administrative Officer
RH/CP/df
25 June 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-085-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Agent: Strike Furlong Ford, Barristers & Solicitors
1.2 Applicant: Barr's Development Limited
1.3 Proposal: To rezone the subject lands to permit an increase in the maximum
permitted front yard setback to a dwelling from 15 metres to 35 metres
and provide similar increases to the maximum permitted front yard
setback to a porch and an attached garage.
1.4 Area: 4.49 hectares
1.5 Location: The subject lands are located in the Rural Cluster of Bond Head, east of
Newcastle Village. The property is contained within Part Lot 27, Broken
Front Concession, in the Former Township of Clarke.
2.0 BACKGROUND
2.1 On October 18, 2006, Barr's Development Limited submitted Official Plan
Amendment, Zoning By-law Amendment and Plan of Subdivision applications to the
Municipality of Clarington for the development of nine (9) residential lots. A Planning
Report, a Preliminary Stormwater Drainage Report and Hydrogeological Assessment
Report were all submitted in support of the application.
2.2 The applicant amended the application in 2008 to reduce the number of lots to eight
(8), based on a personal decision, not a requirement based on the findings of a
requisite study. On July 14, 2008, Council passed By-law 2008-130 to amend the
Zoning By-law in order to allow the development of the eight (8) residential lots
submitted by Barr's Development Limited. The site was rezoned from "Agricultural
Exception (A-1) Zone" to "Holding -Residential Cluster Exception ((H)RC-14) Zone".
2:3 On June 1, 2010, the applicant submitted a subsequent application to amend the "RC-
14" zone to permit an increase in the maximum permitted front yard setback to a
dwelling from 15 metres to 35 metres and provide similar increases to the maximum
permitted front yard setback to a porch and an attached garage.
2.4 The applicant has suggested that the purpose of the proposed increase in front yard
setback is twofold: (1) to legalize the location of a dwelling located to avoid the drip
edge of a black walnut tree located on lot 3 and designated as a significant feature to
be preserved within the tree preservation plan approved for the development; and (2)
to better reflect the rural setting of the Bond Head area, as the front yard setback of
the newer existing homes ranges from 7 metres to 95 metres.
REPORT NO.: PSD-085-10
PAGE 3
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property has frontage along Queen Victoria Street, Park Lane and
Boulton Street, and is a greenfield site that has previously been used for agriculture.
The property remains vacant, with the exception of lot 3 for which the holding
provision has been removed and the construction of a single detached dwelling has
commenced.
3.2 The surrounding uses are as follows:
North: vacant agricultural lands
South: single detached dwellings in the rural cluster
East: single detached dwellings in the rural cluster
West: single detached dwellings. in the rural cluster
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement permits limited residential development in rural areas
and states that development shall be appropriate to the infrastructure which is
available. Development that is compatible with the rural landscape and can be
sustained by rural service levels should be promoted. The application seeks to
increase the maximum permitted front yard setbacks for eight (t3) draft approved lots
in a registered plan of subdivision. The application is consistent with the Provincial
Policy Statement.
4.2 Provincial Growth Plan
The Growth Plan states that population growth will be accommodated by directing
development to settlement areas.. Settlement areas include rural settlement areas, in
this instance a rural cluster, where development is concentrated. The application does
not seek to expand the cluster beyond the area where development is concentrated.
As the subject lands will be serviced by an existing municipal water service and
accessed by existing municipal roads, staff believe the application will make efficient
use of existing infrastructure. Staff find the application to be in conformity with the
Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The subject lands are designated "Waterfront Area" in the Durham Regional Official
Plan. The Regional Plan also recognizes Bond Head as a rural residential cluster.
Lands designated "Watertront Area" require that development shall not negatively
impact key natural heritage or hydrologic features. Development shall also make
provision for public access to the watertront.
REPORT NO.: PSD-085-10
PAGE 4
5.2 Clarington Official Plan
The subject lands are designated "Waterfront Greenway" in the Clarington Official
Plan and are located adjacent to the Rural Residential Cluster of Bond Head as
defined in the Zoning By-law. The Rural Residential Cluster policies state that no
expansions to the limits of the Cluster are permitted once the area of the Cluster has
been defined. Through the Zoning By-law adopted in conjunction with approval of
COPA 2006-0003, an expansion of the Cluster to accommodate the eight (8)
residential units was permitted.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands as "Holding -Residential Cluster
Exception ((H)RC-14)", with the exception of lot 3 for which the holding provision has
been removed. Barr's Development Limited has applied to amend the Zoning By-law
to permit an increase in the maximum permitted front yard setback to a dwelling from
15 metres to 35 metres and provide similar increases to the maximum permitted front
yard setback to a porch and an attached garage. The application also proposes
removal of the holding (H) symbol.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
site. Also, three (3) public meeting. notice signs were installed on the property along
the Queen Victoria Street, Park Lane and Boulton Street frontages.
7.2 A number of residents from the area enquired about the proposed application and
expressed concern for the removal of trees identified on the tree preservation plan
from the Boulton Street road allowance. However, concerns specific to the increase in
maximum front yard setback were not expressed.
8.0 AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies.
8.2 Clarington Engineering -Building, Clarington Emergency and Fire Services, Durham
Regional Planning Department and Durham Regional Health Department have no
objection to this proposal.
9.0 STAFF COMMENTS
9.1 To unify the new residential lots with the older existing rural cluster development in the
original rezoning application (ZBA 2006-0029), zoning standards controlled lot frontage
and dwelling setbacks. Each new lot has a minimum frontage of 45 metres, and the
required front and exterior side yard setbacks have a minimum and maximum setback
for porches, dwellings and attached garages. The maximum front yard setback was
introduced to require dwellings to have a street front presence, rather than appearing
as individual estate properties with the dwellings set back far from the street.
REPORT NO.: PSD-085-10 PAGE 5
9.2 On November 25, 2009, a building permit was issued for a single detached dwelling
on lot 3 of the subdivision (60 Park Lane) after the holding symbol was removed. The
Planning Services Department approved the proposed location of the dwelling as it
met all zone provisions, including the minimum and maximum front yard setback
requirements with a proposed front yard setback to the dwelling of 12.45 metres.
However, the new dwelling was constructed at a distance of 34.4 metres from the
front property line in order to preserve a black walnut tree located on the lot and
designated as a significant feature in the tree preservation plan.
The original Zoning By-law amendment from "A-1" to "(H)RC-14" was passed on July
14, 2008, which was prior to the submission of the tree preservation plan submitted to
satisfy a condition of draft approval (received August 10, 2008 and last revised
October 15, 2009). Had the significant black walnut tree on lot 3 been identified for
preservation prior to the drafting of the Zoning By-law amendment, consideration
would have been given to identifying appropriate setbacks to allow for the
preservation of the tree.
9.3 Staff support the front yard setback of 34.4 metres for the dwelling on lot 3 as it
complies with the subdivision's tree preservation plan. Furthermore, the location of the
new dwelling is also generally consistent with the front yard setbacks on the east side
of Park Lane which range from 18 metres to 55 metres.
In consideration of the location of the new dwelling on lot 3 and the location of the
existing dwellings on the east side of Park Lane, staff believe that although the
remaining eight (8) lots are not constrained by the tree preservation plan, they should
not be restricted by the maximum 15 metre front yard setback. If the remaining lots
were restricted by this setback, the dwelling on lot 3 would appear out of place in
relation to the other dwellings along Park Lane.
Staff believe that rather than increasing the maximum front yard setback within the
"RC-14" zone from 15 metres to 35 metres, which would result in a permitted range
between 10 metres and 35 metres, the requirement for a maximum front yard setback
should be deleted in its entirety from the zone. The maximum front yard setback of 15
metres to a dwelling was intended to ensure that the new dwellings were built with a
street front presence similar to that of a number of the historic dwellings in the Bond
Head cluster along Mill Street. However, because the dwelling on lot 3 could not be
located closer to the front property line than 34.4 metres, it would be more favourable
to allow the remaining eight (8) lots to remain in keeping with the character of Park
Lane than to require a street front presence that would result in the dwelling on lot 3 to
appear removed from its surroundings.
9.4 The "RC-14" zone also speaks to both minimum and maximum exterior side yard
setbacks. Although the applicant did not request an increase in the maximum exterior
side yard setback, staff believe that requiring such a setback is not suitable if the
maximum front yard setback is deleted from the zone. The exterior side yard setback
was not mentioned in the public notice; however staff consider deleting the
requirement for a maximum exterior side yard setback a minor and favourable change
to the requested Zoning By-law amendment. Section 34 (17) of the Planning Act
allows Council to determine whether any further notice is to be given in respect of the
proposed by-law where a change is made after the holding of the public meeting. The
REPORT NO.: PSD-085-10
PAGE 6
determination of Council as to the giving of further notice is final and not subject to
review in any court irrespective of the extent of the change made in the proposed by-
law.
9.5 Residents' Issues
With respect to the residents' concerns regarding the removal of trees from the
Boulton Street road allowance, the Engineering Services Department advised that the
tree preservation plan was prepared for the subdivision and reviewed in the field by
Engineering staff, including the Department's arborist. Appropriate changes were
made, including increased preservation, after consultation with one property owner
who lives adjacent to some of the trees. The plan, recommended by the arborist and
approved, shows three trees to be removed on the north side of Boulton Street, near
the property line, which will be replaced by four red oak trees.
On September 25th, 2009, the applicant contacted the Engineering Services
Department and requested that he be allowed to remove the three trees identified on
the plan. The request was discussed with the Director of Engineering Services, and
was allowed.. All work was to take place on the north side of Boulton Street.
On October 9th, 2009, a meeting was held between the Engineering Services
Department and many area residents to review the tree preservation plan, discuss
why the trees were recommended to be removed and outline the tree replacement
plan, as well as the overall landscape. plan for the subdivision. Engineering staff
believe that the residents accepted the plan, which. has been adhered to since. The
trees shown in the replacement/landscape plan will be planted at the appropriate time,
and no additional trees are proposed to be removed.
10.0 CONCLUSIONS
10.1 In consideration of the fact that the rezoning does not provide additional development
rights and that no objections were received to the proposed front yard setback
revision, staff respectfully recommended that provided there are no significant issues
raised at the public meeting, that the proposed amendment to Zoning By-law 84-63 be
approved, as shown on Attachment 2.
Staff Contact: Robin Heathcote
Attachments:
Attachment 1 -Key Map
Attachment 2 -Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Barr's Development Limited
Strike Furlong Ford, Barristers & Solicitors
M. Robert Davidson
David H. Walton-Ball
Attachment 1
To Report PSD-085-10
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Attachment 2
To Report PSD-085-10
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 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 Corporation of the Municipality of
Clarington for ZBA 2010-0015;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 7.3.14 "RURAL CLUSTER EXCEPTION (RC-14) ZONE" is hereby
amended by deleting Sections 7.3.14 c. i) and ii) and replacing them as follows:
c. Yard Requirements
i) Front Yard (minimum)
a) Porch
b) Dwelling
c) Attached Garage
ii) Exterior Side Yard (minimum)
a) Porch
b) Dwelling
c) Attached Garage
a minimum of 7.5 metres
a minimum of 10 metres
a minimum of 12 metres
a minimum of 7.5 metres
a minimum of 10 metres
a minimum of 12 metres
2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Holding -Rural Cluster Exception ((H)RC-
14) Zone" to "Rural Cluster Exception (RC-14) Zone" as illustrated on the
attached Schedule "A" hereto.
3. Schedule "A" attached hereto shalt 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 2p10
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this day of
2010
2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010- ,
passed this day of , 2010 A.D.
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®Zoning Change From "(H)RC-14" To "RC-14'
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