HomeMy WebLinkAboutA20220029-A2022-0034 Comments Foster Northwest 08-25Clarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: August 25, 2022
File Number: A2022-0029 — A2022-0034
Address: Foster Northwest Subdivision, Newcastle
Report Subject: To reduce the minimum lot frontage and minimum lot area of six lots in the
Foster Northwest Subdivision.
Recommendations:
1. That the Report for Minor Variance Applications A2022-0029 to A2022-0034 be
received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That applications A2022-0029 to A2022-0034 for minor variances to Sections
13.4.54 b., 13.4.54 c.i), 13.4.54.c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to
reduce the minimum lot frontages and minimum lot areas, be approved as they are
minor in nature, desirable for the appropriate development or use of the land and
maintain 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 A2022-0029 — A2022-0034
1. Application Details
1.1 Owner 2103386 Ontario Limited
1.2 Applicant: D.G. Biddle and Associates Ltd.
Page 2
1.3 Proposal Minor variances to Sections 13.4.54 b., 13.4.54 c.i), 13.4.54.
c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to reduce the
minimum lot frontages and minimum lot areas to address
discrepancies between the zoning provisions and a draft plan of
subdivision as noted in Table 1 below.
Location Description
Required
Requested
Required
Requested
Lot Frontage
Lot Frontage
Lot Area
Lot Area
(metres)
(metres)
(square
(square
metres)
metres)
Block 91 (draft M-Plan)
11.3
10
330
300
Block 196 (draft M-Plan)
11.3
10
330
300
and Part 1 (draft R-Plan)
Block 197 (draft M-Plan)
11.3
10
330
300
and Part 2 (draft R-Plan)
Block 198 (draft M-Plan)
14.3
13.7
_
_
and Part 3 (draft R-Plan)
for Block 211 (draft M-
12
11.3
Plan) and Part 22 (draft R-
Plan)
Block 212 (draft M-plan)
12
11.3
and Part 23 (draft R-Plan)
Table 1: Required and Requested Zoning Provisions
Municipality of Clarington
Committee of Adiustment A2022-0029 — A2022-0034
Paae 3
1.4 Area of Lot: 13.8 hectares (34 acres)
1.5 Location: Foster Northwest Subdivision (see Table in Section 1.3 for
location description)
1.6 Legal Description: Con 2, Part Lot 31, Former Township of Clarke
1.7 Zoning:
1.8 Clarington Official
Plan Designation:
1.9 Durham Region
Official Plan
Designation:
1.10 Heritage Status
(H)R2-54 & (H)R2-72
Urban Residential
Living Areas
None
Municipality of Clarington
Committee of Adiustment A2022-0029 — A2022-0034
Paae 4
Pjvp erty La ation Map 77
Area Subject Ta Minor Variar"
Block 91, 196, 197, 198, 211 and 212
j +
ba�uii4
A20 - 00 - A 0 -00 34 ila Ar 01, r s i : ,,
Figure 1 — Foster Northwest Subdivision, Newcastle
Municipality of Clarington
Committee of Adjustment A2022-0029 — A2022-0034
2. Background
Page 5
2.1 On September 17, 2018, a zoning by-law amendment (By-law 2018-084) was approved
to facilitate the development of a draft plan of subdivision.
2.2 On September 6, 2019, the associated application for a plan of subdivision, known as
the Foster Northwest subdivision, was draft -approved (See Figure 2).
2.3 The six lots that are subject to the variance applications (See Figure 3) were incorrectly
zoned within the amending zoning by-law. The minimum lot frontage and minimum lot
area as shown on the draft plan are different than the zoning provisions in the amending
zoning by-law.
2.4 To rectify the zoning non -compliances, on July 20, 2022, the applicant submitted six
applications for minor variances to the zoning.
2.5 The developer is preparing the site for the development of the first phase, in which the
subject variances are within.
Municipality of Clarington
Committee of Adjustment A2022-0029 — A2022-0034
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Page 6
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Municipality of Clarington
Committee of Adjustment A2022-0029 - A2022-0034 Page 7
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Figure 3: Lots subject to Minor Variances
Municipality of Clarington
Committee of Adjustment A2022-0029 — A2022-0034
3. Land Characteristics and Surrounding Uses
Page 8
3.1 The subject property is located north of the now closed Given Road, east and south of
Highway 35/115 and west of Rudell Road in Newcastle. The property is approximately
13.8 hectares (34 acres). The lands are currently being prepared for development with
the installation of municipal services.
3.2 To the north of the property is a proposed school block and Highway 35/115. To the
east of the property are single detached dwellings in an existing subdivision. To the
south is Regional Highway 2 and to the west is Highway 35/115.
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 At the time of writing this report, Staff did not receive any inquiries about this
application.
5. Departmental Comments
5.1 Public Works has no concerns with this application.
5.2 The Building Division of Planning and Development Services has no comments for this
application.
5.3 Clarington Emergency and Fire Services Department has no fire safety concerns with
this application.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The property is designated "Living Areas" in the Regional Official Plan. The property is
designated "Urban Residential" in the Clarington Official Plan and Low Density
Residential within the Foster Northwest Secondary Plan. The Regional and Clarington
Official Plans permit the low -density residential use of the property.
6.2 It is staff's opinion that the applications conform to the intent and purpose of the
Regional and Clarington Official Plans.
Municipality of Clarington
Committee of Adjustment A2022-0029 — A2022-0034 Page 9
Conformity with the intent and purpose of the Zoning by-law
6.3 Within the Zoning By-law 84-63, as amended, Blocks 91, 196, 197 and 198 of the draft
plan of subdivision are zoned "Holding Urban Residential Type Two Exception" ((H)R2-
54) and Blocks 211 and 212 are zoned "Holding Urban Residential Type Two
Exception" ((H)R2-72). The Foster Northwest subdivision includes the R2-54, R2-71
and R2-72 zone categories to provide detached dwellings of varying lot sizes
throughout the subdivision.
6.4 The intent of the lot frontage and lot area provisions of the Zoning By-law are to
maintain a reasonable lot size to accommodate the permitted residential use. Lot area
and lot frontage regulations establish the lot fabric of the neighbourhood and ensure the
street character is preserved with consistent dwelling types and forms. Lot area and lot
frontage provisions also ensure that there is a reasonable amount of amenity space that
balances the lot coverage of the dwelling on the lot. The reduction in lot area, and lot
frontage will comply with all other provisions of the zoning including parking, landscaped
open space and lot coverage.
6.5 The requested lot sizes and frontages are in keeping with the lot sizes within the
subdivision and will not change the use of the property or the number of lots in the
subdivision. It is consistent with the lotting and the use that was approved through the
amending by-law.
6.6 For Blocks 91, 196, 197, and 198 as a condition of the minor variances Staff request
that because the lot areas and frontages align with the R2-71 zone, that a condition be
added, in keeping with 13.4.71 h.ii) of the R2-71 zone which states that the outside
width of the garage shall be a maximum of 45% of the width of the lot.
6.7 For Blocks 211 and 212 as a condition of the minor variances Staff request that
because the lot frontages align with the R2-54 zone that the condition be added in
accordance with Section 13.4.54 ii) of this zone whereby the garage requirements
include that the outside width of the garage shall be a maximum of 6.4 metres.
6.8 Staff are satisfied that the requested variances meet the intent of the zoning by-law.
Minor in Nature
6.9 In assessing if the requested minor variances are considered minor in nature, the
variances must not have a negative impact on the subject site or adjacent properties
both individually and cumulatively. The requested variances will change the lot areas of
three lots and the lot frontages for six lots in a 489-lot draft -approved subdivision. There
will be no adverse impacts to the subjects lots or adjacent properties as the lots are in
keeping with the lotting fabric within the neighbourhood.
6.10 As previously noted, the lots will continue to provide a range of lots sizes that are
appropriate for the subdivision which will add to the variation in the neighbourhood. The
Municipality of Clarington
Committee of Adiustment A2022-0029 — A2022-0034
Page 10
proposed variances are requesting lot frontage and lot area zoning regulations that are
currently permitted in other portions of the draft -approved subdivision.
6.11 It is Staff's opinion that the requested variances are considered minor in nature.
Desirable for the appropriate development or use of the land, building or structure
6.12 The proposed variances are desirable for the appropriate development and use of the
land as they will allow the development of the land as part of the first phase of the draft -
approved plan of subdivision. Registration of the first phase will likely occur by the end
of September 2022.
6.13 There are no proposed changes to the use of the land or the number of units in the
draft -approved subdivision.
6.14 It is considered Staff's opinion that the variances are appropriate for the development
and use of the land.
7. Conclusion
7.1 Based on Staff's review of the applications the applications conform to the intent and
purpose of the Zoning By-law and the Regional and Municipal Official Plans, are
desirable for the appropriate development or use of land and are deemed to be minor in
nature.
7.2 Given the above comments, Staff recommends approval of applications A2022-0029
to A2022-0034 for minor variances to Sections 13.4.54 b., 13.4.54 c.i), 13.4.54.c.ii) and
13.4.72 b.i) of Zoning By-law 84-63 to reduce the minimum lot frontages and minimum
lot areas of six lots to address discrepancies between the zoning provisions and the
draft plan of subdivision as noted in Table 1 of this report subject to the following
conditions:
1) For Blocks 91, 196, 197, and 198 that the outside width of the garage shall be
a maximum of 45% of the width of the lot.
2) For Blocks 211 and 212 that the outside width of the garage shall be a
maximum of 6.4 metres.
3) The variances will come into effect upon registration of the subdivision.
Municipality of Clarington
Committee of Adjustment A2022-0029 — A2022-0034 Page 11
Submitted by: ]rr•�� �,�
Amanda Tapp, Acting Manager
Development Review Branch
Staff Contact: Toni Rubino
Interested Parties:
The following interested parties will be notified of Committee's decision:
Ashlee Prescott, D.G. Biddle & Associates
Hannu Halminen, 2103386