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Home My WebLink AboutA2024-0060 Staff ReportClarington Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted A2024-0060 40M-2759 Block 49 Units 2-5, Newcastle Clarington Building Division No concerns Clarington Development Engineering Division No concerns. See Attachment 1 Clarington Fire and Emergency Services Department No concerns Central Lake Conservation Authority (CLOCA) No concerns Municipality of Clarington Committee of Adjustment A2024-0060 Date of Meeting: January 23, 2025 File Number: A2024-0060 Address: 40M-2759 Block 49 Units 2-5, Newcastle Page 2 Report Subject: A minor variance application to permit parking in the front yard for townhouse units by reducing the minimum soft landscaping within the front yard from 40% to 30% for Units 2-5 within Block 49 of registered plan 40M-2759. Recommendations: That the Report for Minor Variance A2024 — 0060 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application A2024-0060 for a Minor Variance to section 5 of Zoning By-law 2024- 032 to permit parking in the front yard for townhouse units by reducing the minimum soft landscaping within the front yard from 40% to 30% for Units 2-5 within Block 49 of registered plan 40M-2759 be approved as it is it maintains the general intent and purpose of the Clarington Official Plan and the Zoning By-law, is desirable for the appropriate development or use of the land and is minor in nature. 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2024-0060 Page 3 1. Application Details 1.1 Owner: 1.2 Applicant: 1.3 Proposal: 1.4 Location: 1.5 Zoning: 1.6 Clarington Official Plan Designation: 1.7 Heritage Status: 1.8 Water Supply: 1.9 Sewage Disposal Plainview Heights Property Limited Howard Li A minor variance application to permit parking in the front yard for townhouse units by reducing the minimum soft landscaping within the front yard from 40% to 30% for Units 2-5 within Block 49 of registered plan 40M-2759. PLAN 40M2759 BLK 49 Holding — Urban Residential Exception (H) R2-54, Holding — Urban Residential Exception (H) R2-72 Urban Residential Area N/A Municipal Servicing Municipal Servicing Municipality of Clarington Committee of Adjustment A2024-0060 Page 4 41 LDT 31 ODN i Grady Dri Ed EwerlAvenuaIli NO 0 F r 0 01 0 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2024-0060 2. Background Page 5 2.1 On December 18, 2024, the Planning and Infrastructure Services Department received a minor variance application for Block 49 Units 2-5 of registered plan 40M-2759. 2.2 The application seeks to permit parking in the front yard for townhouse units by reducing the minimum soft landscaping within the front yard from 40% to 30% for Units 2-5 within Block 49 of registered plan 40M-2759. 3. Land Characteristics and Surrounding Uses 3.1 The subject properties are within Block 49 of registered plan 40M-2759 of the Treasure Hill Plainview Heights Property Limited Subdivision in Newcastle. The subdivision is located south of Highway 35/115, alongside Grady Drive (see Figure 1). 3.2 The surrounding land uses are residential to the north, south, east and west. 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, a public notice was mailed to each landowner within 60 meters of the subject lands. 4.2 At the time of writing this report, Staff have not received any inquiries from members of the public. 5. Discussion Maintain the intent and purpose of the Clarington Official Plans 5.1 The subject lands where the street townhouse blocks are situated, are designated "Urban Residential Area" within the Clarington Official Plan. The designation is primarily intended to be used for housing purposes and range of residential uses are permitted. 5.2 It is in Staffs' opinion that the variances requested maintains the intent and purpose of the Clarington Official Plan. Municipality of Clarington Committee of Adjustment A2024-0060 Page 6 Maintain the intent and purpose of Zoning By -Law 2024-032 5.3 By-law 2024-032 came into effect on August 1, 2024. This by-law, part of a series of municipal housekeeping amendments presented to Council in June 2024, introduced a change to the minimum landscaping requirements. Specifically, it replaced the previous 30% landscaped open space requirement in Section 3.16.c.iii) of Zoning By-law 84-63 with a new 40% soft landscaping requirement for the front yard and exterior side yards of single, semi-detached, and townhouse dwellings. The intent of this change is to promote effective stormwater management practices in both new and existing neighborhoods, while enhancing community health and safety. 5.4 Treasure Hill is in the final stages of development for its subdivision and is currently at the building permit stage, having received draft approval prior to By-law 2024-032 came into effect. To align with the intent of the new soft landscaping requirements, the developer is exploring the option of permeable pavers in the front and exterior side yards of the proposed street townhouses. This approach will support effective stormwater management, thereby respecting the intent of the soft landscaping requirement introduced through By-law 2024-032. 5.5 The proposal intends to maintain sufficient front yard soft landscaping for each townhouse unit and to ensure that the lands are not overdeveloped. Additionally, the reduction in the front yard soft landscaping for the street townhouse dwellings will not be detrimental to the overall residential character of the future neighbourhood. Three parking spaces are being provided for each townhouse unit and the minimum parking requirements are met. 5.6 For the above reasons, it is staff's opinion that the application maintains the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 5.7 The subject lands are within a registered plan of subdivision. 5.8 Furthermore, the applicant is not proposing any variances that would significantly alter the registered plan of subdivision or streetscape of the future neighbourhood. The reduction in the front yard soft landscaping will benefit future landowners as the models were designed and marketed to buyers with an accessory dwelling unit; in which the owner and tenant would benefit from a two -car parking driveway. This would minimize the need for on street parking. Municipality of Clarington Committee of Adjustment A2024-0060 Page 7 5.9 It is staff's opinion that the proposed minor variances do not significantly alter or have any adverse effects on the provisionally approved lots themselves or surrounding properties and are appropriate for the use of the land and building. Minor in Nature 5.10 The proposed street townhouse dwellings lots are within a registered plan of subdivision where building has not yet begun. If the variance is approved, the varied lots will still conform to the other zoning provisions of the "Holding — Urban Residential Exception (R2-54)" and "Holding — Urban Residential Exception (R2-72)" zones. 5.11 The proposed minor variance deficiencies will have no adverse impacts on the drainage, maintenance, or provision of private amenity space on the subject properties. 5.12 It is in staff's opinion that the minor variances requested are minor in nature. 6. Conclusion 6.1 Given the above comments, Staff recommends approval of the application for a minor variance to section 5 of Zoning By-law 2024-032 to permit parking in the front yard for townhouse units by reducing the minimum soft landscaping within the front yard from 40% to 30% for Units 2-5 within Block 49 of registered plan 40M-2759 as it maintains the general intent and purpose of the Clarington Zoning By-law and Official Plan, is desirable for the appropriate development or use of the land and is minor in nature. Submitted by: Nicklaus Gibson Secretary/Treasurer Committee of Adjustment Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner who concurs with the recommendations. Staff Contact: Nicklaus Gibson, Planner I, 905-623-3379 ext. 2408 or NGibson(a)-clarington.net Interested Parties: Attachment 1: Development Engineering Comments The following interested parties will be notified of Committee's decision: Howard Li Nicole Zambri Attachment 1 ciff;W40il MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Nicklaus Gibson, Planner I From: Karen Richardson, Manager of Development Engineering Date: January 9, 2025 Subject: Minor Variance Application A2O24-0060 File: Applicant: Howard Li -Treasure Hill Planview Heights Property Ltd. Lot 31, Concession 2, Former Township of Clarke The applicant requires a Minor Variance to permit parking in the front yard for townhouse units by reducing the minimum soft landscaping withing front yard from 40% to 30% for units 2 to 5 withing Block 40 of registered plan 1OM-2759 Development Engineering has reviewed the application and have no objection provided the applicant confirms that there will be no impact to the impervious area calculations for the Development. If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/JA cc: The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net