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HomeMy WebLinkAboutA2022-0001 Comments 2832 Courtice RoadClarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 27, 2022 File Number: A2022-0001 Address: 2832 Courtice Road, Courtice Report Subject: A minor variance application to facilitate the development of a three storey, 21 dwelling unit apartment building. Recommendations: 1. That the Report for Minor Variance Application A2022-0001 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0001, for minor variances to Zoning By-law 84-63 to facilitate the construction of a three -storey apartment building by varying: • Section 3.16 i. iv) to permit a parking space within 1 metre of a street line and within a site triangle; • Section 15.2 c. i) to reduce the minimum front yard setback from 7.5 metres to 3.3 metres; • Section 15.2 c. ii) to reduce the minimum northerly interior side yard setback from 7.5 metres to 4 metres; and • Section 15.2 f. to reduce the minimum landscaped open space from 35% to 30%. Be approved as the application is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2022-0001 Page 2 1. Application Details 1.1 Owner/Applicant: Nutshell Investments Limited/Miller Planning Services Minor variances to Zoning By-law 84-63 to facilitate the 1.2 Proposal construction of a three -storey apartment building by varying: • Section 3.16 i. iv) to permit a parking space within 1 metre of a street line and within a site triangle; • Section 15.2 c. i) to reduce the minimum front yard setback from 7.5 metres to 3.3 metres; • Section 15.2 c. ii) to reduce the minimum northerly interior side yard setback from 7.5 metres to 4 metres; and • Section 15.2 f. to reduce the minimum landscaped open space from 35% to 30%. 1.3 Area of Lot 1.4 Location: 1.5 Legal Description 1.6 Zoning: 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: 1.9 Heritage Status 0.44 Hectares 2832 Courtice Road, Courtice Con 2 N PT LOT 29 Holding — Urban Residential Type Four ((H)R4) Urban Residential and Environmental Protection Living Area None Municipality of Clarington Committee of Adjustment A2022-0001 2950 LOT: 29 CON: 2 _ a'we '� +� -6� e e w LOT: 28 CON: 3 A -oil :I Q`r��\NFc\t\N\\ \ \�-.l' ✓/,� pt�I can can .�j jai 0, C\ co W \r � \� V� U � v LOT:28 2801 j CON:2 Property Location Map (Courtice) -Area Subject To Minor Variance 2832 Courtice Road A2022-0001 2795 m 2727 Beau a.n.m� 410 a R e.u�co I ceenm. m � � M.W° Bowmanville _ y Newcastle g�Nn'YT I� Lake Ontario Figure 1 — Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2022-0001 2. Background Page 4 2.1 The subject property has been zoned (Holding) — Urban Residential Type Four ((H)R4) since Zoning By-law 84-63 was passed in 1984. The apartment building use has been permitted use since that time, despite having a single detached dwelling on the property until recently, subject to the removal of the holding provisions and site plan approval. 2.2 In July 2019, the applicants submitted a Site Plan application (SPA2019-0020) for the subject lands to permit a four -storey apartment building with 28 dwelling units. 2.3 Clarington and Central Lake Ontario Conservation Authority staff have been working with the applicant to determine the natural heritage features on the lands. The determination of the natural heritage features and buffers have determined the development limits on the property. As a result of determining the development limits the applicants have revised the site plan application to a three -storey apartment building with 21 dwelling units. 2.4 The natural heritage features and associated buffers within the Urban Areas are typically dedicated to the Municipality as a condition of site plan approval. When the natural heritage features and buffers are conveyed to the Municipality the north property line will be located much farther south than it currently is. The Region of Durham has also identified a road widening requirement for Courtice Road that will be required to be conveyed as a result of site plan approval. These dedications have an impact on the size of the subject property. 2.5 Prior to finalizing the conditional site plan approval, the applicant is required to seek the necessary relief from the Committee of Adjustment for the subject minor variances. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 2832 Courtice Road, Courtice. The property is north of Highway 2 and south of Nash Road on the west side of Courtice Road. The property is located within the Courtice Urban Boundary and is within the Built Boundary. 3.2 The subject property is abutted to the north and west by the Courtice Community Complex and a tributary of the Black Creek. To the south and west the property is abutted by a residential townhouse complex. To the east the property is abutted by Courtice Road and single detached dwellings on the east side of Courtice Road. Municipality of Clarington Committee of Adjustment A2022-0001 Page 5 Figure 2: Site Plan of the proposed development at 2832 Courtice Road 4. Public Notice and Submissions 4.1 Pursuant to 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 within the prescribed distance. 4.2 As of January 25, Staff received one inquiry seeking further information on the site layout and clarification on why the minor variances were required. The resident also asked additional questions on the design of the site including landscaping, parking and setbacks. 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has no objection to this proposal. 5.2 The Central Lake Conservation Authority has no objection to this proposal. Municipality of Clarington Committee of Adjustment A2022-0001 Page 6 5.3 The Building Division of Planning and Development Services has no objection to this proposal. 5.4 Clarington Emergency and Fire Services Department has no objection to this proposal. They have identified that the proposed fire hydrant location will need to be relocated as part of the site plan approval. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Within the Durham Region Official Plan, the subject property is designated "Living Areas". Lands designated as Living Areas shall be used predominately for housing purposes and accommodate a full range of housing options at higher densities by intensifying and redeveloping existing areas, particularly along arterial roads. 6.2 Within the Clarington Official Plan, the subject property is designated "Urban Residential" and "Environmental Protection". Courtice Road is identified as an Arterial Road. The Urban Residential designation is predominately intended for housing purposes. Table 4-3 of the Official Plan provides the Urban Structure Typologies for specific areas of the Municipality. Development adjacent to Arterial Roads permits ground -related units with heights between 1 and 3 storeys. Permitted uses include limited apartments, townhouses, single and semi-detached units. The proposed three storey apartment building meets the density requirements and the anticipated form of development adjacent to an Arterial Road. 6.3 The "Environmental Protection Area" designation recognizes the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from the effects of human activity. Development proposals adjacent to natural heritage features require an Environmental Impact Study to be submitted to detail the limits of the feature and its buffer. The applicant has submitted an Environmental Impact Study that has been reviewed by Clarington and Central Lake Ontario Conservation Authority staff. The findings of the report and the proposed development limit have been determined to meet CLOCA and Clarington policies. 6.4 For the above stated reasons, it is staff's opinion that the proposed development conforms to the intent and purpose of both the Regional and Local Official Plans. Conformity with the intent and purpose of the Zoning By-law 6.5 The subject property is zoned "(Holding) — Urban Residential Type 4 ((H)R4) in Zoning By-law 84-63. Municipality of Clarington Committee of Adjustment A2022-0001 Page 7 6.6 The intent and purpose of the minimum front and interior side yard setbacks is to ensure development addresses the street appropriately and is setback an acceptable distance to the abutting properties to prevent any negative impacts. 6.7 The reduction in the north interior side yard is a result of the natural heritage features and buffers being conveyed to Clarington. Once the transfer of those lands occur the north property line will shift to the south significantly. The proposed setback will not have a negative impact on the natural heritage features or the Courtice Community Complex to the north. 6.8 The front yard setback reduction is in part a result in the Region of Durham requiring a road widening, approximately 5 metres. It has been common in recent years to put more design emphasis on having a building that better addresses the street with reduced setbacks and a design that creates a strong streetscape and pedestrian environment. The proposed setback will allow for an adequate setback while creating a strong street presence on Courtice Road. in 01111, roW Or ME! Figure 3: Proposed elevation fronting onto Courtice Road 6.9 The intent and purpose of the landscaped open space regulation is to ensure the development respects and reinforces the existing streetscape while providing sufficient outdoor landscaped space, adequate drainage and to keep hard surfaces such as paving to a minimum. As discussed with the interior side yard above a portion of the subject property with natural heritage features and buffers are being conveyed to the municipality and will remain undeveloped. This undeveloped area will allow current drainage to continue to the tributary and limit the hardscaping of the property. 6.10 The intent and purpose of not permitting a parking space within 1 metre of a street line or within a site triangle is to ensure adequate site lines are maintained from adjacent sidewalks and driveway intersections. Courtice Road is proposed to be redesigned in the future; however, the design and timing of that project have not been identified. The existing sidewalk will be approximately 7 metres from the property line once the road widening is applied. The proposed driveway intersection with Courtice Road will be approximately 13 metres from the front property line when the road widening is taken by Municipality of Clarington Committee of Adjustment A2022-0001 Page 8 the Region. The applicants are proposing a parking space adjacent to the front property line in order to meet the parking space requirements given that there is no on street parking on Courtice Road. Based on the current configuration of the sidewalk and proposed driveway entrance there does not appear to be a conflict with existing sight lines. The future design exercise will need to consider existing development when redesigning the future Courtice Road cross section. In addition, the spaces closest to the front yard will be the visitor parking spaces for the development and may not be occupied on a full-time basis. The proposed parking space will not provide a safety concern for the existing site lines and the future design will take the existing development into account. 6.11 For the above stated reasons, it is staff's opinion that Conformity with the intent and purpose of the Zoning by-law. Desirable for the appropriate development or use of the land, building or structure 6.12 The lands have been zoned for an apartment building use since 1984. The subject property is abutted by a townhouse condominium complex to the south-west. The building has been oriented to address the north-eastern portion of the property, adjacent to Courtice Road. The proposed location will create a strong streetscape and not impact the natural heritage features to the north. It is staff's opinion that the building is an appropriate scale for the size of the subject property. 6.13 Neither staff nor agencies have identified any technical reason why the minor variance application should not be approved. 6.14 For the above stated reasons, it is staff's opinion that the proposed development is desirable for the appropriate development and use of the land. Minor in Nature 6.15 While there are multiple requested variances for the proposed development it is staff's opinion that none of the requests are considered major deviations to the typical standards of apartment buildings on arterial roads. 6.16 The proposed reductions to the front and side yard setbacks maintain adequate distance from the natural heritage features and Courtice Road. 6.17 The proposed landscaped open space reduction will not negatively impact drainage and allows for an appropriate amount of open space on the property. 6.18 The proposed parking space location within 1 metre of the front property line is not anticipated to have an impact on the sight lines for the sidewalk or Courtice Road from the proposed driveway. When Courtice Road is redesigned the design will need to account for existing conditions of the proposed development and meet the Region's design requirements. Municipality of Clarington Committee of Adjustment A2022-0001 Page 9 6.19 No objections were received from departments or agencies. 6.20 For the above stated reasons, it is staff's opinion that the proposed minor variances are minor in nature. 7. Conclusion 7.1 Based on Staff's review of the application the application conforms to the intent and purpose of the Zoning By-law and the Regional and Municipal Official Plans, is desirable for the appropriate development or use of land and is deemed to be minor in nature. 7.2 Given the above comments, Staff recommends approving the application for a Minor Variance to Sections Section 3.16 i. iv), Section 15.2 c. i) and ii), and Section 15.2 f. to Zoning By-law 84-63 to facilitate the development of a three storey apartment building containing 21 dwelling units. Submitted by: Ron Warne, Manager Development Review Branch Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ex, 2424 or bweiler@clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: