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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 z~ d ~ ~ _ a i m ++ J j fA `~ ~ w E v ~ R O d Q O O m O Q > m ` r- 3 0 o O o m N m y J J Q T L m ~ m N m ~ Q '= i a` N ~ 3 O 2 ~ 3Ntll Ni Md F w W ~ w ~ W ~ N Q fA ~ ~ J p Z w O p w d 3ONVMOIItl Otl O2i O3N3dONn w w U O N J M V N F n O J o J O J o J ~ ~ a0 Q J F- O J 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. _.-._ I r--'-~-'-~--~-'r -_ ~ ~ ~ -- I '- -.T.- 7 ~ 4 L._._._ i a..... I , I I I D I yI I, ~---------- - pp _ I ~ i . i ~ j I ° ~ --- x _._ _ I i i= i I ~ ~--- ~ i i I j ~._._. l._._._. l a _._._ i i ! ~ ~-~-~-~ d : ~ !.... ° i i ~ e ~ ! ~ L. --- ~ i , ~_ _ ~---- I < ~ I i I I 1 ~ i J ~ -- - , -.-._. ~ I l I j I i i I i d i 7 N .,. . I e o. P _.- ~ .- ._ _ • I r, _. _flf...w •-~ ~._ _._ _, _ ®Zoning Change From "(H)RC-14" To "RC-14' Jim Abernethy, Mayor Patti L. Bartle, Municipal Clerk ~4 of P' ` MEi~ LF S RE i 3 ®® Z ~ 2'f ~" J ro~gy EER one x UMEg Subject Slte E ~~ ~ d ,~I NEWCASTLE VILLAGE Lake Ontarro i BA 20a6de29 Schedule 5