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HomeMy WebLinkAboutA20220029-A2022-0034 Comments Foster Northwest 08-25Clarftwn 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: 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. 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A I� 10 &M ICLDG ha baOC IJL-4 DO KIM 10.1XI 10.011 10D 11.30 11.30 WIN f aL �I 613 ____ 1 M BL ,�' F 'SEE DETAIL 4�zi IL RA" �' _ i 118 -�--- r '- � 4 'b ra' 204 V�LCOID VE I E--- -- I 8 *� 1111 fix *� � FLOOD AVEN1� �k r -- -�---------- ti so WAY � � K40 �lbo I �l „77 a30 113_ 1010 } 10.e io{I ,OL ----- Tl I 111 400 11.30 1We II-W 00 ' I 'I -F_ Rol A1110 10 KA ;nr� r ' ,� I 137 -1 IDCq S ' ;�J CF3 L 4 1 �F ZW , dfE laoa II..fO IifSO 11,y� I p 19L0a LOS i � 1".1# a *.�F u.* ,� A :� 16A ,�L�7 19 0Q 1 44 III 1rLgp � � � low � � � � f � � ��1 1 '� PAR 1 1 +r pis r I I74 s 1y �a� `� ee BLOCk 228 J� F�- 1 19L 1log QL 9 L BL�BL r q 1� � 1� 192-194'-195--a f 0:6 I BLOCK 220 BLOCK 219 ? BLOCK 2115 BLOCK 217 BLS 21AI 45 Id ON. n b f N µ �� T 7 I YI TF W AV {2 i 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