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HomeMy WebLinkAboutPD-79-98DN: PD-79-98 r ,. Meeting: Date: THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT General Purpose and Administration Committee Monday, June 22, 1998 D~J~ File #~i`~ ;t~eo ~~ ~~ Res. #~.'P~ -_~-7'4-~ ~ Report #: PD-79-98 FILE #: DEV 98-011 By-law # ~-/O~ 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-79-98 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 and Associates Limited on behalf of 290572 Ontario Limited be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and amending By-law be forwarded to the Region of Durham Planning Department; 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: 290572 Ontario Limited 1.2 Agent: D.G. Biddle and Associates Limited 1.3 Rezoning: From "Urban Residential Type Three (R3)" to an appropriate zone to permit the construction of eleven (11) townhouse units with a 4.5 metre (14.7 ft.) minimum front yard setback 699013 REPORT NO.: PD-79-98 PAGE2 and detached garages with a 0.0 metre setback where they have a common wall with a garage on the adjacent lot. 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, which has been retained for future development by the owner of the Courtice Crossings subdivision. When Draft Approval was originally granted to 18T-87092, Courtice Crossings subdivision, Block 32 was part of a larger block of land to be developed as a medium density project. Subsequent amendments to Draft Approval introduced Short Crescent, with on-street townhouse units, leaving Block 32 as the balance of the original medium density block. 3.2 The zoning of the parcel is "Urban Residential Type Three (R3)". This is the same as the majority of Short Crescent. The zoning would permit the development of this parcel in a similar fashion as the current proposal, with the exception of the reduced front yard setback, 4.5 metres, and the detached garages being permitted to have a common wall with a garage on the adjacent lot. 3.3 Block 32 has approximately 96 metre (314 ft.) frontage on Courtice Road and 33.6 metre (110 ft.) frontage on Sandringham Drive. The Courtice Road frontage is impacted by a 0.3 metre reserve in favour of the Region of Durham. No individual access to Courtice Road is permitted from the parcel. Courtice Road is designated 699014 i REPORT NO.: PD-79-98 PAGE 3 as Type A arterial in both the Durham Region and Clarington Official Plans. The policies of the Clarington Official Plan permits one (1) new access point on Type A arterial roads every 200 metres (656 ft.). In consideration of the 0.3 metre reserve, the access policies and the configuration of Block 32, the application is proposing to have a private driveway access the site from Sandringham Drive. The private driveway is proposed to cross the rear of the 11 townhouse units. 3.4 A public meeting, in accordance with the requirements of the Planning Act, was held for the subject rezoning application on April 6, 1998. Three (3) people spoke at the public meeting and two (2) neighbouring residents contacted staff with concerns on the proposal. 3.5 The landowner to the north, Mr. Reid, expressed concerns pertaining to drainage, privacy, and elimination of vehicle access to his rear yard. Mr. Reid was concerned that drainage from this site would pond in his rear yard. He also wanted to ensure that a 1.8 metre high board fence was erected on the common property line for privacy purposes. Thirdly, he expressed concern that the development and construction of a fence, on the property line, would remove his ability to access his rear yard with his trailer. 3.6 The proposed development will be constructed with a Swale along the north property line and catch basins to tolled storm water within the driveway. The Public Works Department is satisfied that the proposed site grading plan for the development is appropriate and will not cause flooding on adjacent lands. At the request of Mr. Reid, the applicant has agreed to construct a 1.8 metre high fence along the north property line. 699015 REPORT NO.: PD-79-98 PAGE4 3.7 Other residents raised the following issues: • whether the existing transportation network could accommodate the increased traffic; • whether the proposal will have a negative impact on house values; what fencing would be constructed with the development; • how drainage will be accommodated; and • whether this proposal is consistent with the original criteria of the subdivision. 3.8 The property is on the corner of Sandringham Drive and Courtice Road. Courtice Road is a Type A arterial, which is the highest level of road designation. Sandringham is a collector road and is designed to collect and disperse traffic between the local roads and the arterial roads. No transportation concerns are foreseen. The zoning of this property is currently "R3" which would permit townhouse units to be constructed. The R3 zone would permit the development to proceed as proposed with a 6.0 metre front yard setback and garages having 1.2 metre setback to side yard lot lines, as opposed to the proposed setbacks. The development is considered to be compatible and in keeping with existing neighbouring homes. Fencing, to match existing fences, is proposed along the west and north property line where no privacy fence exists. The issue of drainage as noted in paragraph 3.6 has been addressed to the satisfaction of the Public Works Department. The issue of house values is not a planning issue. However, given that the housing form is similar in kind to neighbouring existing residential development, no impacts on house values are anticipated. 4. EXISTING AND SURROUNDING USES: 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: East: Courtice Road and existing commercial plaza, Courtice Corners 699016 . REPORT NO.: PD-79-98 PAGE5 West: existing residential development South: Sandringham Drive and existing residential development North: one (1) existing house and motor vehicle sales establishment, Roy Nichols Motors. 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan (DROP), the subject property is 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 within the Courtice Urban Area, and are further defined by a Medium Density symbol. The lands are part of Avondale Neighbourhood (No. 7). The predominant use of land within the Urban Residential designation shall be for housing purposes. The Medium Density symbol permits 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 identifies Courtice Road as a Type "A" arterial road. Similar to the policies of the Region of Durham Official Plan, the number of private accesses permitted on a Type "A" arterial road are restricted to one (1) every 200 metres. 5.3 The Official Plan policies are not really an issue with this application. The current zoning of the property is consistent with the policies of both Official Plans, and the rezoning is not attempting to increase density or change the form of development. The application appears to conform. b99017 REPORT NO.: PD-79-98 PAGE 6 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 a minimum lot area of 170 m2 for interior lots and 280 m z for exterior lots. The zone further requires a 6.0 metre front yard setback and requires garages which are not attached to the main 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 (19.6 ft.) and to permit the construction of garages, which are not attached to the dwelling, to have a 0 metre setback, provided they are attached, by common wall, with a garage on the adjacent property. 7. AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from a limited number of departments and agencies. The Clarington Fire Department and Ontario Hydro offered no objection to the application as filed. 7.2 Central Lake Ontario Conservation Authority Staff advised that Block 32 on Plan 40M-1815 was previously reviewed in terms of stormwater management for plan of subdivision 18T-87092. As a result, they have no stormwater management concerns and offered no objection to the rezoning and site plan applications. 7.3 Regional Works advised that the proposed townhouses could be serviced by way of connection to the existing 300 mm diameter sanitary sewer and 300 mm diameter watermain adjacent the site on Courtice Road. They also expressed no objection to the proposal to fill the ditch along Courtice Road and use sub-drains. Filling in the 699018 REPORT NO.: PD-79-98 PAGE 7 ditch would allow access to the paved portion of Courtice Road for garbage pick-up from the individual units. 7.4 The proposal to fill in the existing ditch along Courtice Road and use sub-drains. Filling in the ditch would allow access to the paved portion of Courtice Road for placement of household waste for pick-up at the road side. 7.5 Regional Planning advised that the property is designated "Living Area" in the Durham Region Official Plan which permits the proposed use. The Durham Plan encourages good urban design and compact urban form along arterial roads. 7.6 Clarington Public Works provided detailed comments, which the applicant needed to address prior to site plan approval. One of the most significant issues was the collection of household waste. The weekly collection of household waste in the Municipality requires the placement of waste, in suitable containers, on the road side boulevard directly in front of individual homes. Courtice Road currently has a rural cross section with gravel shoulders and open ditches. Without the benefit of driveways the residents would have no suitable means of crossing the ditch. In the winter and wet months, this could be particularly difficult. This issue has now been addressed with support from Regional Works staff to fill-in the ditch, on Courtice Road, in front of the proposed units. All other issues have been satisfactorily addressed through revised site plan drawings. 8. STAFF COMMENTS 8.1 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 application for site plan approval, which will deal with issues of grading and drainage, access, building elevations, snow removal and garbage pick-up, etc. 699019 REPORT NO.: PD-79-98 PAGE 8 8.2 The applicant proposes to market the townhouse units as freehold units. In order to be sold as freehold units, each unit must have individual frontage on Courtice Road, or the development would have to proceed as a Plan of Condominium. Prior to site plan approval, the applicant proposes to have the Region of Durham lift the 0.3 metre reserve on the Courtice Road frontage. The lifting of the 0.3 metre reserve would provide individual frontage, on Courtice Road, to each proposed unit. However, vehicular access to Courtice Road will not be permitted. 8.3 The issues raised at the public meeting by neighbouring landowners are discussed in Section 3 of the report. The applicant appears to have addressed the issues raised, including installation of privacy fences as requested from neighbouring landowners to the west and to the north. The only lighting proposed to be installed in the rear driveway will be attached to the garages. These will be in the form of pot-lights in the roof soffit over the garage door. This location will minimize the potential for light trespass into neighbouring rear yards and maximize the light at the garage door. The lights will be controlled from a switch in each dwelling unit. 8.4 Staff is satisfied that the application for Zoning By-law Amendment, to permit a development with a reduced front yard setback and detached garages constructed with a common wall, is similar in style and compatible with adjacent housing form in terms of scale, massing, and height of the development. The proposal is in keeping with the density of the Official Plan, and the building form is suitable for the site. The proposal satisfies the zoning requirements in terms of parking provided and will be adequately landscaped. The development is not expected to have a negative impact on local road network. 9. CONCLUSION 9.7 In consideration of the comments contained above, staff recommend approval of 699020 = REPORT NO.: PD-79-98 PAGE 9 the proposed Zoning By-law Amendment, as contained in Attachment No. 3 to permit townhouse units with a 4.5 metre front yard setback and detached garages built with a common wall to a garage on an adjacent lot. Site plan approval is expected to be completed shortly, therefore, a Holding (H) provision is not deemed to be necessary. Respectfully submitted, ~~~-~~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development CP *FW*df 8 June 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Site Plan Attachment No. 3 - Proposed Zoning By-law Reviewed by, W.H. Stockwell, Chief Administrative Officer. Interested parties to be notified of Council and Committee's decision: D.G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario L1 H 166 Att: Bill Creamer 290572 Ontario Limited 58 Rossland Road OSHAWA, Ontario L1G 2V5 Ms. Marg Walnik 71 Short Court COURTICE, Ontario L1E 2Z6 Mr. AI Gallagher 11 Short Court COURTICE, Ontario L1E 2Z5 Mr. David Reader 3 Short Crescent OSHAWA, Ontario Ll E 2Z5 Mr. F. Reid 2670 Courtice Road COURTICE, Ontario L1E 2M7 Mr. Paul Wylie 19 Short Court COURTICE, Ontario L1 E 2Z5 699021 SUBJECT SITE J LOT 30 LOT 29 LOT 28 iii v i i i niiiiiiii iir-~ \ I l l I i, N D Q O I'I i ~ d COURTICE KEY MAP DEV. 98-Oy y Z O w U Z O U e N ATTACHMENT NO. 1 E99022 ______ L _ _ _ _ _ _ _ _ _ _ Z $ _ ~ p N F~ w ~~ C ` o~ I !~ ! ! ! -tOZ J I ~~ ~ ~ iN ~i _ a ! ! ! o ~Z~>w' P ! ! ! s VLLNa 4 ;: :E 1 1 1 9 s ~ $ n pg ~ = ! ! 1 V ~ ~ 0 N a~ N P ! ! 1 4 Y 4~ ~ ( 5 9 g~ 3 W N m d o 1t ! ~ ! 2 l 1 ! 7 F '~ I _ _ I +L _ s I I L I y II I x ~ ~ I ~ gg `~ 'L I ~~ 6 I I I ~ I AA u 1 + .'.f ~ LLa l I I ~ L ~ S I ~ L 1~' I~ JJ / ~ ~ s t .ZL - ~. ~~~ ~ ~Y~aC I I _ - I 3 - -~ I ~I I g ' ` _ ~ +1 1 W a ~ .v L - I e~ I II M .„ L ~ ~ I I I W I m -~ ~ ~~ ~ ~: ~~ya M I ~JII o` _-~ + I ~ ~+ - ~ . ~ F ~~a= l- i II A ~ p _ _ FI \ r ~ ~ ~ \~~ m ~ 8 ' I ~ ~ ~ I I t _ ~ ~ ` _ ~ L ~ e ., ( ~ ~I I I I N -~ ~ __ _ ~ i I II ~ L II ~ -- ,f t e i t k ! m +L ,`. L B \~., . s x ~ ~ I ~ III I e o 2 ~ ' ~' . _ -~ $' I I I ~ _-_ i r- ~ i I _ _ ~ T • ~ e I e ~ ~ .,. I _~° r . ,, I,v /{ I i l I I o ~ _ ~ t I R F"L 3s „ : \ t .C:.,'\ i L R! l i II I + • : q d II K_ ~ .. a I ~ I I I + + I ~ i 3Al O Y/VN.7 !lIONVS 3S5k I II I I I ~a„ea F l xi--- F- II I I I a I ~, N I I I I I F ffff I t..~:~ ~ I I I~ y ~ I I 699023 ATTACHMENT N0.2 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' BY-LAW NUMBER 98- being a By-law to amend Comprehensive Zoning By-law 8463 of the former Corporation of the 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 former Corporation of the Town of Newcastle to permit the development of townhouse units with a reduced front yard setback and detached garages with common walls (DEV 98-011). NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto, the following new Special Exception 14.6.19 as follows: °14.6.19 URBAN RESIDENTIAL EXCEPTION (R3-19) ZONE Notwithstanding the provisions of Section 14.3 and 14.4, those lands zoned (R3-19) on the schedules to this By-law shall be subject to the following zone regulations: a) Front Yard (minimum) 4.5 metres b) Special Building Regulations Notwithstanding 3.1 (f), a detached private garage may have a side yard setback of nil, where the detached private garage has a common wall with another detached private garage on an adjacent lot located in the same zone category." 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from "Urban Residential Type Three (R3)" to "Urban Residential Exception (R3-19)" 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 [his day of 1 ggg BY-LAW read a second time this day of 1 ggg BY-LAW read a third time and finally passed this day of 1998. MAYOR CLERK 699024 ~" This is Schedule "A" to By-law 98- , passed this day of 1998 A.D. , N72'00'00"E 36.63 ~ 3 ~ ~ o ~ 0 ~ (1 ~ o V o ~ _ro ~ ~ z W O ~ CJ ~ ~O 3 S ~ ~ ~ ON N N F ~ i / ~ yy m ^ LL. G ' B GO z o U .~ N o N \ N ~ 2 33.61 N71'41'20°E SANDRINGHAM DRIVE ® ZONING CHANGE FROM "R3" TO " R3-19" z5m _ _ Mayor 25m 20 15 10 5 0 Clerk LOT 30 LOT 29 LOT 28 . ~ ~~,_~ ~ -~ ~ ~ - r NASH ROA~ ~-~,r ~?, ~~ ~ ~ I~~ _~: J ~j ~ /. ~ N/GIyVVAY ' I I ~ , r ~ -L- r\ 2 f ~ 1 ~ cv _7 -~ ~ ~ / - ~' _ i Q ~ Z J ~ 1 ~ 1 ~ N ~ O ~ ~~GHA ~ i U w "ir" ~ U Phi ~~~~~ ~' ~~/~ I ~~ ~ \ i~ N l/ f / / / r, ~ I~ ~~~ r ~ COURTICE - - ": ~~ r--~-....., m .^. ~ i 69905