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Home My WebLink AboutPSD-019-11Clari~g~on Leading enc woy REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 28, 2011 Resolution #: ~ P~- /7G- /( By-law #: ~~/' U~ a Report #: PSD-019-11 File #: ZBA 2010-0025 Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT INCREASED GARAGE WIDTHS; INCREASED GARAGE PROJECTIONS; AND, INCREASED LOT COVERAGE ON LOTS WITH ONE STOREY DWELLINGS - COURTICE APPLICANT: HALMINEN HOMES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-019-11 be received; 2. THAT the rezoning application submitted by Halminen Homes be approved, in part, and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-019-11 be passed; and 3. THAT all interested parties listed in Report PSD-019-11 and any delegations be advised of Council's decision. Submitted by: Dav d J rome, MCIP, RPP Director, Planning Services MM/CP/df/ah 23 February 2011 Reviewed by: ra klin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-019-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: Halminen Homes 1.2 Proposal: To permit increased garage widths on all lots, increased garage projections on some lots and increased lot coverage on lots with one storey dwellings. 1.3 Site Area: 21.985 ha 1.4 Location: North of Meadowglade Road and east of Prestonvale Road, Courtice -Part of lots 31, 32 and 33, Concession 2 and part of the road allowance between lots 32 and 33, Concession 2 - 40M-2426, 40M-2430 and 18T-95028 (Attachment 1). 2.0 BACKGROUND 2.1 On August 24, 2010, Halminen Homes submitted an application to the Municipality of Clarington for rezoning of the lands within the Urban Residential Exception R2-58, R2- 59, R2-60 and R2-61 zones, north of Meadowglade Road and East of Prestonvale Road in Courtice. The purpose of the application is to permit increased garage widths, increased garage projections and increased lot coverage on lots with one storey dwellings. The application did not detail the specific requests when it was first received; it took some time for the necessary details to be provided and the application was not deemed complete until December 24, 2010. 2.2 The applicant submitted a letter in support of the requested changes. In summary, the letter states that wider garages are being sought since most homeowners in Clarington have multiple vehicles. Wider garages create a long, narrow area within the home, adjacent to the garage, where the garage is required to be flush with, or recessed from, the dwelling wall or covered porch. This long, narrow area is difficult to design in a manner that creates useful or desirable space to prospective purchasers. The applicant's letter suggests a solution is to allow garage projections on some lots. In addition, the builder has been developing land north of the subject lands and wishes to continue to offer some of the models in this development. Lastly, increased lot coverage is being sought for lots with one storey dwellings to achieve desirable layouts and floor area comparable to a two storey home while complying with the Architectural Design Guidelines. 2.3 The subject lands were rezoned on May 6, 2008 from Agricultural (A) to the current Urban Residential Exception zones to allow residential development within draft approved plans of subdivision 18T-95028 and S-C-2007-0009 to proceed. At the time of draft approval and rezoning, the lands were under different ownership. Phase I and Phase II have now been registered. There are a total of four phases proposed in this subdivision project. REPORT NO.: PSD-019-11 PAGE 3 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site is 21.985 hectares in size, much of which is affected by this rezoning application. The above mentioned (section 2.1) zone categories comprise most of the land within this subdivision. There is some land within this site that has Environmental Protection zoning or zoned for a medium density block. These lands are not the subject of this application. The land has been cleared and the site prepared for development to occur and some houses are under construction in Phases I and II. 3.2 The surrounding uses are as follows: North -Urban residential South -Rural residential lots and vacant land East -Vacant land West - Prestonvale Road/Urban residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement (PPS) The 2005 PPS states that all new development should occur adjacent to the existing built-up area and have compact form. There should be efficient use of infrastructure including water and sanitary services and existing road networks. Development should be phased to ensure the orderly progression of development within a designated growth area. This rezoning application for lands within a draft approved plan of subdivision conforms with the PPS. 4.2 Provincial Growth Plan This application is for a technical rezoning within a draft approved plan of subdivision. The type and density of housing is not proposed to change through this application and therefore it is deemed to conform to the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the land "Living Areas". Lands designated "Living Areas" shall be predominantly used for housing purposes. Development in urban areas shall have regard for: compact urban form; the use of good urban design principles; use a grid street pattern; provide for parks; access to transit; the capacity of existing services; and, balance energy efficiency with cost. 5.2 Clarington Official Plan The Clarington Official Plan designates the land "Urban Residential" and "Environmental Protection Area". The draft approved plan of subdivision is comprised of low density development, consistent with the Clarington Official Plan. The Plan states that subdivisions should generally provide a mixture of housing forms and densities. In REPORT NO.: PSD-019-11 PAGE 4 addition, houses should be sited with a consistent setback to provide a human scale to the street. House designs should incorporate features such as prominent entrances and front porches to encourage social interaction and allow for views along the street. Garages should be planned so that they are not the dominant feature of the streetscape or the house. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Urban Residential Exception R2-58, Urban Residential Exception R2-59, Urban Residential Exception R2-60 and Urban Residential Exception R2-61. The applicant has applied to rezone the subject lands to permit increased garage widths on all lots, increased garage projections on some lots and increased lot coverage on lots with one storey dwellings. The current zoning is site specific to implement typical development standards with respect to lot coverage and garage projections for new residential subdivisions. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject properties and two public meeting notices were installed on the site. The public meeting was held February 7, 2011. Only the applicant appeared at the public meeting and no members of the public have expressed an interest in the application. 8.0 AGENCY COMMENTS 8.1 In consideration of the nature of the rezoning application and the relatively recent Draft Approval and rezoning, a limited circulation was undertaken. 8.2 The Regional Municipality of Durham and the Clarington Building Services Division advised they have no concerns with this application. 8.3 Clarington Engineering has advised that the increased lot coverage for one storey dwellings should not have a negative impact on the stormwater management plan and that they are satisfied and have no concerns. 9.0 STAFF COMMENTS 9.1 Concerns have been raised previously that with narrow lots, builders develop at or close to the maximum permitted lot coverage, thus requiring homeowners to obtain a minor variance for the construction of a deck or shed. In addition, garages tend to dominate the streetscape in some instances where the builder is constructing homes with two car garages on narrow lots. Staff believe that it is advantageous to avoid these situations. The current zoning specifies a maximum lot coverage for the dwelling and maximum lot coverage for all structures, including the dwelling, which is 5 percent greater (see REPORT NO.: PSD-019-11 PAGE 5 Attachment 2 to this Report for examples). In addition, it limits the maximum permitted garage width, relative to the lot width or dwelling width, and lastly requires the garage door to be in line with or behind the front wall of the dwelling or covered front porch. 9.2 Staff have worked diligently with the applicant to address concerns and refine the requested amendments to the Zoning By-law. The attached Zoning By-law amendment achieves the majority of the initial requests by the applicant while addressing design issues raised in the public meeting report. Table 1 simplifies the applicant's requested amendments to the Zoning By-law. Table 1 - Apalicant's requested amendmPntc Zone. ~fi. ri»i'tted use Proposed amendme t ~, 10m sin le detached • No garage projection Increased lot coverage for one storey R2-58 . Garage width 40% of dwellings frontage • Garage projections of 2.Om on 33% percent of dwellings • Increased ara a width 11 m sin le detached • 11 m single detached • Increased lot coverage for one storey R2-59 . No garage projection dwellings • Garage width 40% of Garage projections of 2.Om on 33% dwelling width percent of dwellings • Increased ara a width 12 m sin le detached • 12 m single detached • Increased lot coverage for one storey R2-60 No garage projection dwellings • Garage projections of 1.25 m on 50% ercent of dwellin s 9 m sin le detached • 9 m single detached Increased lot coverage for one storey R2-61 . No garage projection dwelling • Garage width 40% of • Garage projections of 1.25 m on 50% frontage percent of dwellings • Increased garage width 9.3 Garage oroiections 9.3.1 The purpose of limiting garage projection is finrofold. First, garages that project from dwellings tend to dominate the streetscape. The more significant the projection, the more the garage will dominate. Second, it is advantageous for front porches and front doors to dominate the streetscape to encourage social interaction and allow for views along the street. 9.3.2 Staff do not support the request to permit garage projections of up to 2.0 metres in the R2-58 and R2-59 zones as it would allow the garages to dominate the streetscape, reduce social interaction and limit the usual (self) policing of the street by residents. REPORT NO.: PSD-019-11 PAGE 6 9.3.3 The applicant had applied to allow garage projections of up to 1.25 metres on 50% of lots within each of the R2-60 and R2-61 zones. The request also included that the measurement for the garage projection be taken from the front wall of the dwelling, rather than the covered porch, in the R2-60 zone. This would allow dwellings with living space above the garage to have a larger garage projection beyond the front porch. 9.3.4 Staff worked with the applicant to refine the request, taking into account the house models being offered for sale in this subdivision. The applicant has further agreed to refine the requested garage projection on the R2-60 lots to 50% of the lots beyond Phase I effectively reducing the number of lots impacted by the rezoning by 36. The applicant is seeking a smaller deviation from the existing R2-61 zoning that originally applied for as well. Specifically, the applicant concurs that only a 1.0 metre projection on 33% of the lots is required based on the models available and anticipated sales. Staff support the proposed amendment for lots within the R2-60 zone of these draft approved plans but only if the measurement for garage projection is measured from the covered porch and not the front wall above the garage. Staff also support the proposed amendment for lots within the R2-61 zone of these draft approved plans to permit a maximum 1.0 metre garage projection on up to 33% of those lots. 9.4 Garaoe widths 9.4.1 The maximum permitted garage width provision in the R2-59 zone is an issue that Staff agree is a practical problem for the applicant. The current zoning does not allow the applicant to construct certain models in the R2-59 zone that fit on the smaller 10 metre lots in the R2-58 zone, due to the garage width requirement. 9.4.2 There are two distinctions between the R2-58 and the R2-59 zones. First, minimum required lot frontage is 1 metre wider in the R2-59 zone than in the R2-58 zone. Second, the maximum outside garage width is 40% of the dwe11in4 width in the R2-59 zone compared to 40% of the lot width in the R2-58 zone. Practically, on a 10 metre wide interior lot in the R2-58 zone, a 4 metre garage is permitted. On an 11 metre wide interior lot in the R2-59 zone, the maximum permitted outside garage width is 3.68 metres when the dwelling is constructed to the maximum width possible. Staff recommend that lots zoned R2-59 be rezoned to R2-58 so that all 10 metre and 11 metre lots will be treated equally in terms of the maximum permitted garage width. The effect of this amendment will be that, for example, an 11 metre interior lot could have a dwelling with a maximum garage width of 4.4 metres compared to the 3.68 metres currently permitted. Although wider, this would not provide for a two car garage. 9.4.3 The applicant is requesting that lots zoned R2-61 be permitted to have a maximum garage width of 50% of the lot rather than the maximum of 40% currently permitted. The maximum width was set at 40% to ensure that a larger portion of the front of the dwelling will be comprised of the front porch/front door. This is more stringent than the existing Architectural Design Guideline standards; however, Report PSD-018-11, the update to the Architectural Design Guidelines, recommends more rigid standards which have been taken into consideration for this application. The applicant is proposing to maintain a single car garage for dwellings in the R2-61 zone, however is looking to provide a wider, more useable garage space for his purchasers. The models proposed REPORT NO.: PSD-019-11 P~[:F 7 are currently being offered in the development immediately to the north and the garage widths are less than maximum width permitted in the current Architectural Design guidelines. Staff support the requested change. 9.5 Increased lot coverage 9.5.1 As mentioned above, there are a total of nine lots within the two draft approved plans zoned R2-59. Six of the nine lots are corner lots. Dwellings requiring the maximum permitted lot coverage are rarely applied for on corner lots due to the larger size of these lots. By their nature, corner lots can accommodate dwellings that have a larger footprint. Staff and the applicant concur that the request for increased lot coverage for one storey dwellings is not required since most of the lots subject to this portion of the application are corner lots, hence they can accommodate a dwelling with a larger footprint. 9.5.2 The applicant has applied to rezone the lands within the R2-60 and R2-61 exception zones to allow for increased maximum permitted lot coverage for one storey dwellings to 45% for the dwelling and 50% total for all buildings and structures, rather than 40% for the dwelling and 45% total for all buildings and structures currently permitted. Staff support this portion of the application that will allow one storey homes with increased lot coverage. 10.0 CONCLUSION 10.1 The application has been reviewed in consideration of comments received from the circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law regulations and Architectural Design Guidelines (existing and proposed). In consideration of the comments contained in this report, Staff respectfully recommend that the proposed Zoning By-law Amendment contained in Attachment 2 be approved. Staff Contact: Mitch Morawetz Attachments: Attachment 1 -Key Map Attachment 2 -Zoning By-law Amendment List of interested parties to be advised of Council's decision: Janice Robinson Katrina Metzner Attachment 1 To Report PSD-019-11 2 ._~ 014NMO3Y9~ 3 ~ C ~~!!~~ Q dti0a Slllli' ~ y~ r U ~ IIII. RI J ~ tL O z{ 3 o ~ V 0 ~ Q n _ ~ ~.IIANtlO tlVatls Q~ 1 L C i £ O ~ ~ro o ~, an n O G ~`" , ~, ,= a kn i N c O> o ¢ V ~ ~' ~ ~ ~~ „aoi i~ e3eae~~ "' ~ ~ ~ ~ o m J ~_ r` ~ r'ivl to Q ~ _O ~ ci~ Ni c~3s~j Aaw~a ~~3oaai m ~ N a -J~ ~ N c o .~ a w~ ,, e Jr~ ~ em~Nws3ae l ~t ~ ~ e ~ ~ 2 a ~7~ o aooM3,~ ~ Ise ~-~ ~^_~~~ ~ N ~ ^ v 3. ',~'i3 aE~ sµ63 0~, i m~~` eew'S ~ ., 3as3ac ~-y ,~ l- 3 '~ as ,oc 1] ~, ~ ~ i ~~ ~'-`~ 11~~ II Q ~ i'- I ~ ~I ~~ ~ ~ 6. , it Z I W ,~_ ~-~ ~Y~r-JW ~--2- 2+;- y'-__+---~ 1- f--rJ w l I 1 ~~_~ _ ~ U 1 I ~~ ti_ ~~ I ,~ ~~ '--~ ' m ~ i ` Q -'Z~- ~ ~ ~ ~~ O o ; - y< ip ~ ~ 'o 910 3~I}JO A3H9VN3lJ ~ PJ~P ~ ~ ~~\~ ~ ~ ~ m ~ ~ J 1 I ~~ I ~~ ~~ ~ ~ _ ~ ~ ~~ ~ ~ I ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ 1 avow 3~o do d ~3 \ ,\ ' J ~® ~!-i-~i 'iii ~I~~ \ i i ~ f __~ %'-~ I III, 'r ~ - ~~~ r - 3Nbl A3,O 1_~~ -_ - -_T - - i--~-~ X32f ~ `' ~ ~ I I ~?T ` I-~ o _~- w rn --- }~II~II~~~I~-jo - m o~ ~ ~ I iT -~--_ ~-, w_ a i~ Z o ~ ~ ~~~~~ -1oF ~ p ~n~boN3Qao~- I I I I I ~: V~ ~ ~ ~~ -~ ~ , - _ I I I ~ ~ i I I I - .~ ~ I -~ -~ I ~~ i vS ~C/ ~~ I ~~ ~~ ~' f I i I ~~ ~~_ ~ i ~~- - ~~ ~ I i i I I I~ ~-~ ~~ ~~ ~ ~ f i ~~ ~~ Attachment 2 To Report PSD-019-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Glarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Glarington for ZBA 2010-0025; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Glarington enacts as follows: Section 13.4 "Special Exceptions -Urban Residential Type Two (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception zone 13.4.75 as follows: "13.4.75 Urban Residential Exception (R2-75) Zone Notwithstanding the provisions of 3.1 j. i), iii), .13.2 a., b., c. i), ii), iii), e. g, and h. those lands zoned "R2-75' on the Schedules to this By-law shall be subject to the following regulations: a. Lot Area (minimum) b. Yard Requirements i) Front Yard ii) Exterior Side Yard 360 square metres 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard with private garage or carport 1.2 metres on one side, 0.6 metres oothe other side; without private garage or carport, 3.0 metres on one side, 0.6 metres on the other side Lot Coverage (maximum) One Storey i) Dwelling 45% ii) Total of all buildings and structures 50% All Other Residential Units i) Dwelling ii) Total of all buildings and structures 40% 45% e. Garage Requirements. i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection except that 50% of the lots zoned "R2-75" may have garage doors project to a maximum of 1.25 metres from the dwellings first floor front wall or exterior side wall or covered porch f. Height (maximum) i) 1 Storey dwelling 8.5 metres ii) All other residential units 10.5 metres Section 13.4 "Special Exceptions -Urban Residential Type Two (R2) ZONE" is hereby amended by adding thereto, the fallowing new Special Exception zone 13.4.76 as follows: "13.4.76 Urban Residential Exception (R2-76) Zone Notwithstanding the provisions of 3.1 j. i), iii), 13.2 a., b. c. i), ii), iii), e. and h. those lands zoned "R2-76" on the Sched ules to this By-law shall be subject to the following regulations: a. Lot Area (minimum) 270 square metres b. Lot Frontage (minimum) i) Interior Lot 9 metres ii) Exterior Lot 12 metres a Yard Requirements i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Exterior Side Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch iii) Interior Side Yard with private garage or carport; 1.2 metres on one side, 0.6 metres on the other side without private garage or carport; 3.0 metres on ane side, 0.6 metres on the other side d. Lot Coverage (maximum) One Storey i) Dwelling 45% ii) Total of all buildings and stru ctures 50% All Other Residential Units - i) Dwelling 40% ii) Total of all buildings and stru ctures 45% e. Driveway width (maximum) 4.6 metres Garage Requirements i) All garage doors shall not be located any closer to the street line than the dwellings first floor front wall or exterior side wall or covered porch projection except that 33% of the lots zoned "R2-76" may have garage doors project to a maximum of 1.0 metres from the dwellings first floor front wall or exterior side wall or covered porch ii) The outside width of the garage shall be a maximum of 50% of the width of the lot frontage. 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by. changing the zone designations from: "Urban Residential Exception (R2-59) Zone" to "Urban Residential Exception (R2- 58) Zone" "Urban Residential Exception (R2-60) Zone" to "Urban Residential Exception (R2- 75) Zone" "Urban Residential Exception (R2-61) Zone" to "Urban Residential Exception (R2- 76) Zone" "Holding Urban Residential Exception (H)(R2-59) Zone" to "Holding Urban Residential Exception (H)(R2-58) Zone" "Holding Urban Residential Exception (H)(R2-60) Zone" to "Holding Urban Residential Exception (H)(R2-75) Zone' "Holding Urban Residential Exception (H)(R2-61) Zone' to "Holding Urban Residential Exception (H)(R2-76) Zone" 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 Act. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 201.1 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2011- passed this day of , 2011 A.D. Zoning To Remain "Rt" Zoning Change From "R2-59" To "R2-58" Zoning Change From "(H)R2-59" To "(H)R2-58" Zoning Change From "R2-60" To "R2-75" Zoning Change From "(H)R2-60" To "(H)R2-75" ®Zoning Change From "R2-61"TO "R2-76" Zoning Change From "(H)R2-61"To "(H)R2-76" Zoning To Remain "(H)R3" ®Zoning To Remain "R1" Zoning To Remain "R1-70" ®Zoning To Remain "R2-58" Zoning To Remain "R2-60" ~~= ~~ Zoning To Remain "A" Zoning To Remain "E P" N Atlrian Foster, Mayor Patti L. Barrie, Municipal Clerk