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HomeMy WebLinkAboutPD-41-98oN:PO-a~ae.~aaTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #T~tQ ~~~J• 98~ o I J Date: Monday, April 6, 1998 Res. # ~~ P4~ - ~ g~- 9~. Report #: PD-41-98 File #: DEV 98-011 By-law # Subject: REZONING APPLICATION - 290572 ONTARIO LIMITED PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON NORTH WEST CORNER OF COURTICE ROAD AND SANDRINGHAM DRIVE FILE: DEV 98-011 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-41-98 be received; 2. THAT application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by D.G. Biddle & Associates Limited on behalf of 290572 Ontario Limited, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments and resolution of any issues; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: 1.2 Agent: 1.3 Rezoning: 290572 Ontario Limited D.G. Biddle & Associates Limited from "Urban Residential Type Three (R3)" to an appropriate zone to permit the construction of townhouse units with a 4.5 metre (14.7 ft.) minimum front yard setback and detached garages with a 0.0 metre side yard setback where they are attached to a garage on the adjacent lot. 609 REPORT NO.: PD-41-98 1.4 Area: 0.34 ha (0.84 acre) PAGE 2 2. LOCATION 2.1 The subject property is located on the north west corner of Courtice Road and Sandringham Drive. The parcel is one lot south of Roy Nichols Motors. It is legally described as Block 32 in registered Plan of Subdivision 40M-1815, and is further described as being in Part Lot 29, Concession 2, of the former township of Darlington. 3. BACKGROUND 3.1 Block 32 of 40M-1815 is a vacant parcel of land created through the development of the Courtice Crossings subdivision. When Draft Approval was originally granted to 18T-87092, Courtice Crossings, Block 32 was part of a larger block of land to be developed as a medium density project. Subsequent amendments to Draft Approval prior to registration of the subdivision, introduced Short Crescent, with on-street townhouse units. This left Block 32 as the balance of the original medium density block. 3.2 The zoning of the parcel is "Urban Residential Type Three (R3)" the same as the majority of Short Crescent. The zoning exception being requested is to permit reduced front yard setback and detached garages having a 0.0 metre side yard setback where they are attached to a garage on an adjacent lot. 4. EXISTING AND SURROUNDING 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East West South USES existing commercial plaza, Courtice Corners and vacant agricultural lands existing residential development, Courtice Crossings Subdivision existing residential development, 610 REPORT NO.: PD-41-98 PAGE 3 Courtice Crossings Subdivision North - one existing house fronting on Courtice Road and a motor vehicle sales establishment, Roy Nichols Motors 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject lands are designated "Living Area". The predominant use of land within this designation shall be for housing purposes. The Transportation Schedule, of the Durham Plan, identifies Courtice Road as a Type "A" arterial road. The policies of the Plan allow private access to Type "A" arterials to be generally 200 metres apart in urban areas. 5.2 Within the Clarington Official Plan the subject lands are designated Urban Residential and are further defined by a Medium Density symbol. The lands are part of Avondale Neighbourhood (No. 7) within the Courtice Urban Area. The predominant use of land within the Urban Residential designation shall be for housing purposes. The Medium Density symbol would permit residential development at a net density of 31 to 60 units per ha (uph), and the predominant housing form is to be townhouses, triplex/quadruplex and/or low rise apartments. The Transportation Schedule, of the Clarington Official Plan, also ident'fies Courtice Road as a Type "A" arterial road. Similar to the policies of the Region of Durham Official Plan, the number of new, private accesses permitted on a Type "A" arterial road is restricted to one (1) every 200 metres. 5.3 The Official Plan policies are not an issue for this application as the current zoning of the property is consistent with the policies of both Plans. The rezoning is not attempting to increase density or change the form of development, rather the rezoning is dealing with setback issues. The application appears to conform to both Official Plans. 611 REPORT NO.: PD-41-98 PAGE 4 6. ZONING BY-LAW PROVISIONS 6.1 The subject property is currently zoned "Urban Residential Type Three (R3)". Said zoning permits the development of townhouse units based on a minimum lot frontage of 6.0 metres (19.6 ft.) and minimum lot area of 170 m2 for interior lots and 280 m2 for exterior lots. The zone further requires, amongst other things, a 6.0 metre front yard setback and garages which are not constructed attached to the dwelling to have a 1.2 metre setback to an interior side lot line. 6.2 The proposed application requests a modification to the R3 zone to permit a front yard setback of 4.5 metres (14.7 ft.) as opposed to a minimum of 6.0 metres, and to permit garages which are not attached to the dwelling to have 0 metre setback where they are attached, by common wall, with a garage on the adjacent property. 7. PUBLIC MEETING AND 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner and tenant within the prescribed distance. 7.2 As of the writing of this report, staff have received one enquiry regarding the application. A neighbouring landowner requested to be kept informed of the processing of the application. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from a limited number of departments and agencies. The majority of circulated agencies have yet to respond. However, the Clarington Fire Department has responded with no objection to the application as filed. 612 REPORT NO.: PD-41-98 PAGE 5 9. STAFF COMMENTS 9.1 The proponent has filed a rezoning application to permit the construction of townhouse units with a reduced front yard setback and detached garages with no side yard setback where attached to a garage on an adjoining property. The applicant has also filed an application for site plan approval. The application for site plan approval will deal with such issues as grading and drainage, building elevations, snow removal and garbage pick-up. 9.2 Block 32 has approximately 96 metres (314 ft.) frontage on Courtice Road and only 33.6 metres (110 ft.) frontage on Sandringham Drive. Courtice Road is designated as a Type "A" arterial in both the Durham Region and Clarington Official Plans. The policies of both Official Plans permit one (1) new access point on a Type "A" arterial every 200 metres (656 ft.). As a result a 0.3 metre reserve has been placed across the full Courtice Road frontage to prohibit further access on this road. In consideration of the access policies and the configuration of Block 32, the applicant is proposing to have a private driveway access on Sandringham Drive. The driveway is proposed to extend across the rear of the proposed 11 lots to provide access to each unit. 9.3 The applicant proposes to market the townhouse units as freehold units. In order to be sold as freehold units, each lot must have individual frontage on Courtice Road, or the development would have to proceed as a Plan of Condominium. The applicant is requesting the Region of Durham lift the existing 0.3 metre reserve on the Courtice Road frontage. The lifting of the 0.3 metre reserve would provide individual frontage to each proposed lot on Courtice Road, although private access, to Courtice Road, would not be permitted. 10. CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the - 613 REPORT NO.: PD-41-98 PAGE 6 application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon receipt of all outstanding comments and required revisions. Respecttully submitted, -`~ ~ ,. ' .a Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CP*FW*df 23 March 1998 Attachment #1 -Key Map Attachment #2 -Proposed Site Plan Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: D.G. Biddle and Associates Ltd. Consulting Engineers 96 King Street East OSHAWA, Ontario L1H iB6 290572 Ontario Limited 58 Rossland Road OSHAWA, Ontario L1 G 2V5 David Reader 3 Short Crescent COURTICE, Ontario L1 E 2Z5 614 ® SUBJECT SITE LOT 30 LOT 29 LOT 28 _~ NASH ROAD - ~- J ~ ~- NI G ~,qY 2 _. 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