HomeMy WebLinkAboutPD-79-98DN: PD-79-98
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Meeting:
Date:
THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON
REPORT
General Purpose and Administration Committee
Monday, June 22, 1998
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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
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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
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This is Schedule "A" to By-law 98-
,
passed this day of
1998 A.D.
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