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Home My WebLink AboutPSD-060-04 CI~-mgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-060-04 File #: ZBA 2004/005 rk:.s' <;fA- :)7s- 6'+ By-law #: ;2aJLf-/'f1 Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A TRIPLEX APPLICANT: KARAM D. SINGH 2 Kingsway Gate, Courtice, at the northeast corner of the Kingsway Gate/Townline Road S. Intersection RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-060-04 be received; and 2. THAT provided that there are no significant issues raised at the public meeting, the application submitted by Karam D. Singh be APPROVED and the by-law be passed as contained in Attachment 2; and 3. THAT a by-law amendment to remove the Holding (H) symbol be forwarded to Council at such time as the Owner has entered into a site plan agreement with the Municipality; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Davi . Crome, MCIP, R.P.P. Direc or of Planning Services ~ Reviewed by: ':a:W~ 14 Franklin Wu, /u Chief Administrative Officer BR*L T*DJC*sh June 2, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 607 REPORT NO,: PSD-060-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Karam D. Singh 1.2 Applicant/Agent: Karam D. Singh 1.3 Rezoning: from "Urban Residential Type One (R1) Zone" to "Urban Residential Exception (R1-18) Zone" to permit a triplex. 1.4 Location: 2 Kingsway Gate, Courtice, at the northeast corner of the Kingsway GatelTownline Road S. intersection, being Part of Lot 35, Concession 2, former Township of Darlington 1.5 Area: Approximately 650 square metres 2.0 BACKGROUND 2.1 On February 12, 2004, the present owner, Karam D. Singh submitted a rezoning application for his property, 2 Kingsway Gate, in order to legalize the existing triplex. The present owner purchased the property a few years ago unaware that the triplex was illegal and only became aware when a similar rezoning occurred for another illegal triplex nearby, ZBA 2003/031 - the Krohne-Anthony property at 53 Townline Road South. The Krohne-Anthony triplex was successfully rezoned and Mr. Singh would like the same to occur for his property. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is occupied by a 2.5 storey triplex (building separated horizontally into three separate dwellings). Rectangular in shape, the property has a front lot line frontage of 14.81 metres on Kingsway Gate an average depth of approximately 32 metres and an area of approximately 650 square metres. There are currently 6 parking spaces on the property. 3.2 The surrounding land uses are as follows: North - South - East - West - Urban Residential Kingsway Gate and beyond, Urban Residential Urban Residential Townline Road South and beyond, Urban Residential in the City of Oshawa 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property, including the area to the west inside the City of Oshawa. A public notice sign was installed on each of the two frontages (Kingsway Gate and Townline Road South). 608 REPORT NO.: PSD-060-04 PAGE 3 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments. 5.0 OFFICIAL PLAN 5.1 The subject property is located in the "Living Area" designation in the Durham Regional Official Plan. This designation is intended predominantly for housing purposes that integrate a mixture of housing types, sizes and tenure of living accommodations. The proposed zoning amendment application is in conformity with the policies of the Durham Region Official Plan. 5.2 The Clarington Official Plan designates the property "Urban Residential". The predominant housing forms in the "Low-Density" areas are single detached, semi. detached and duplex. They have a maximum height of 2.5 storeys and are "generally internal to neighbourhoods". The target density is 10 to 30 units per hectare. "The predominant housing forms [....] are general and do not preclude similar or innovative housing forms which meet the intent of this Plan". The Plan also permits in-house apartments. The application conforms, 6.0 ZONING BY-LAW 6.1 The property is in an "Urban Residential Type One (R1) Zone". One semi-detached dwelling or one duplex dwelling is permitted on an exterior lot with at least 20 metres of frontage and an area of at least 550 square metres. 6.2 Triplexes are not specifically listed as a permitted use in any of the four Urban Residential Zones. Where permitted, they have been approved through an exception zone. An example would be 10 Argyle Street, Bowmanville, approved under the R1-18 zone. A triplex is defined as: "a building that is divided horizontally into three separate dwellings each of which has an independent entrance either directly from the outside or through a common vestibule." 7,0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Central Lake Ontario Conservation and Rogers Cable TV had no objections. The Clarington Accessibility Committee had no comments. 609 REPORT NO.: PSD-060-04 PAGE 4 7.2 Clarington Engineering Services noted it has no objection to the rezoning as long as the number of on-site parking spaces meets the requirement for a residential triplex. The Building Division noted the building was built in 1990 using a building permit issued for a duplex and with no building permit for the third unit. A building permit or a change of use permit is required. 7.3 Clarington Emergency and Fire Services found no fire safety concerns in the circulated documents and did no object to the rezoning but noted that all approvals are subject to site inspection. 7.4 Regional Planning commented the rezoning application conforms to Regional Official Plan policies and that the property is currently serviced with an existing municipal water main and an existing sanitary sewer. There are no provincial interests applicable to this application. 7.5 Comments remain outstanding from the following agencies: ~ Hydro One Networks Inc. ~ Enbridge Gas ~ Bell Canada ~ Canada Post Corporation 8.0 STAFF COMMENTS 8.1 The fire site inspection as requested by Emergency and Fire Services can be coordinated with the building/change of use inspection. 8.2 This rezoning application is to allow three dwelling units (in a triplex building) with the same maximum building height of 10.5 metres. It appears that the triplex is compatible with the surrounding neighbourhood in terms of scale, massing, setbacks, etc. No complaints have been received about the existing use. Six parking spaces as required under the current Zoning By-law are provided. It is noted, however, that there is a lack of private outdoor amenity space but that the building is sited with suitable front and side yard areas. Staff do not object to the approval of this application, 8.3 The approval of a by-law amendment with a Holding (H) symbol in place would satisfy the interests of both the Owner and Municipality. Approval will ensure from the applicant's perspective that the triplex would be recognized as a permitted use. The entering into a site plan agreement with the Municipality will ensure that a building permit is obtained. At that time a by-law amendment to remove the holding symbol will be forwarded directly to Council for approval. 8.4 The Finance Department advises that there are no taxes owing on the subject lands. 61.0 REPORT NO.: PSD-060.04 PAGE 5 9,0 RECOMMENDATION 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED subject to a Holding (H) symbol. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Interested parties to be notified of Council and Committee's decision: Karam D. Singh 17 Maplewood Drive Whitby, Ontario L 1 N 7A6 611 ATTACHMENT 1 N72"30' 40"E 20.86 'U Q) .c Existing (f) I 0- Parking l- N l:: ::::> lfl :,::; 0 N CIl (f) N 'x W 0 <( J; >- 0 0 '0 C <0 0::: N :;: N 0> Q) r<) W N > Z r-. 'C ~ Existing 0 ....J z 1= z House C'l 0 ~ C N 0 :,::; 0> N I- CIl r-. x ~ w z -t- '6>. ~. / O. ~ N72" 30' 40"E 1 4.81 J KINGSWAY GATE Courtice Key Map ZBA2004.005 Zoning By-law Amendment ,~ Owner: Karam Singh 612 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- 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 Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with the application ZBA 2004-005 to permit the development of a triplex; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Ciarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone from "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R1-18) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. 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 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 613 This is Schedule "A" to By-law 2004- passed this day of .2004 A.D. N72'30'4Q"E 20.86 :r: l- ::J 0 (f) CI <I: li: 0 e::: .. .., Li.J Z ::J ~ z 0 :;: .. 0 Co .. l- " z N72'30'4Q"E 14.81 KINGSWAY GATE , ~ ZONING CHANGE FROM "R1" TO "(H)R1-18" ...._- ~rrw"BRv:.RHILL E ?3 & GATE ?l ~ co (lj "' ~ John Mutton, Mayor ../ ~ ~ l1 " i!: ::> Sl ~ ~ ':i iil >: 12 ~ ii1 C'i 2; ~ Courtice Patti l. Barrie, Municipal Clerk J y 4.~<,,;i~ / I~ \\ (7 ^ ~ , 614