HomeMy WebLinkAboutPSD-141-03
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday,December8,2003
'D I L\-
Res. '" GPA~Il4<f-~03
Report #:
PSD-141-03
File #: ZBA 2003-031
By-law #: ~oo 3-"3
Subject:
PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW A TRIPLEX
APPLICANT: YVONNE KROHNE-ANTHONY
53 Townline Road South, located on the east side of Townllne, south of
Barron Court And North of Kingswood Drive, Courtlce.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-141-03 be received;
2. THAT the rezoning application submitted by Yvonne Krohne-Anthony be APPROVED
and the by-law be passed as contained in Attachment 2;
3. THAT a by-law amendment to remove the Holdng (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 delegation be advised of
Council's decision.
Submitted by:
Reviewed by: () ~tJ~
Franklin Wu
Chief Administrative Officer
avi :.I. Crome, M.C.I.P. R.P.P.
Director, Planning Services
EC*L T*DJC*sh
November 27, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
624
..
REPORT NO.: PSD.141-03
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: 1419235 Ontario Limited
1.2 ApplicanUAgent: Yvonne Krohne-Anthony
1.3 Rezoning: from "Urban Residential Type One (Rl) Zone" to an
appropriate zone to allow a triplex.
1.4 Location: 53 Townline Road South, located on the east side of
Townline, south of Barron Court and north of Kingswood
Drive, Courtice, being Part of Lot 35, Concession 2, former
Township of Darlington, Parts 1 and 4 of Plan 10R-3864.
1.5 Area: Approximately 590 square metres
2.0 BACKGROUND
2.1 On July 18, 2003 Yvonne Krohne-Anthony submitted a rezoning application on
behalf of Michel Anthony and herself, owners of 53 Townline Road, in order to
recognize the triplex that had been converted from a duplex without the required
building permit and in contravention to the Zoning By-law. On September 15,
2003, ownership was transferred to 1419235 Ontario Limited (Dave and Valerie
Mueller).
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is occupied by a 2.5 story triplex (building separated horizontally into
three separate dwellings). Irregular in shape, the property has a frontage of 18
metres on Townline Road South, an average depth approximately 39 metres and
an area of approximately 590 square metres. There are 4 parking spaces in
back of the building and one in front.
3.2 The surrounding land uses are as follows:
North -
South -
East -
West -
Vacant
Single detached residential facing Townline Road South
Single detached residential facing Kingswood Drive
Single detached residential backing onto, and without
access to, the Oshawa side of Town line Road South.
625
.
REPORT NO.: PSD-141-03
PAGE 3
4.0 PUBLIC NOTICE AND SUBMISSIONS
4.1 Public notice was given by mail to each landowner within 120 metres of the
subject property. A public notice sign was installed at the front of the property on
Townline Road South.
4.2 The Public Meeting was held on October 6th, 2003. No one spoke in opposition or
in support of this application.
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 designate 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 1 0 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". (Section
9.4.2). 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 (Rl) Zone of the
Comprehensive Zoning By-law 84-63 of the former Town of Newcastle. One
single detached dwelling, one semi-detached dwelling or one duplex dwelling is
permitted on a property with at least 18 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 (4) Urban
Residential zoning categories. Where permitted, they have been approved
through an exception zoning category. An example would be 10 Argyle Street in
Bowmanville, approved under the R 1-18 zone category.
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."
626
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REPORT NO.: PSD-141-03
PAGE 4
7.0 AGENCY COMMENTS
7.1 The rezoning application was circulated to various agencies and other
departments by the Planning Services Department.
7.2 Rogers Cable TV and the City of Oshawa have no concerns or objections.
7.3 Engineering Services commented that a building permit was issued in 1990 for a
2 unit building (duplex.). A building permit will be required for the third apartment
unit.
7.4 The Durham Region Planning Department commented that the property abuts
Regional Road 55 (Town line Road), a "Type B" Arterial Road that requires a
right-of-way of 30 metres. As that section of the road is only 26 metres,
approximately 2 metres will have to be conveyed to the Region.
8.0 STAFF COMMENTS
8.1 The current maximum theoretically achievable number of dwelling units on a
property this size in the Rl zone is 4 - a semi-detached dwelling with 2 in-house
apartments. This rezoning application is to allow three units (in a triplex dwelling)
with the same maximum building height of 10.5 metres. As such, the required
unit density is lower than what is currently allowed, albeit in a different format.
Six parking spaces are required under the current Zoning By-law.
8.2 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 an additional parking space is provided, a building permit is obtained
and the Region's request for a road widening is addressed. At that time a by-law
amendment to remove the holding symbol will be forwarded directly to Council
for approval.
627
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REPORT NO.: PSD-141-03
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's decision:
Dave and Valerie Mueller
1419235 Ontario Limited
2975 Concession Road 4
Bowmanville, ON L 1 C 3K5
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ZBA2003-031
Zoning By-law Amendment
Owner: Micheal Anthony &
Yvonne Krohn-Anthony
h ) '?
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation 01 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 2003-31, to permit the
development of a triplex;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington 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
2003
BY-LAW read a second time this
day of
2003
BY-LAW read a third time and finally passed this
dayof
2003
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
b5U
ATTACHMENT 2
-
This is Schedule "A" to By-law 2003-
passed this day of .2003 A.D.
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Zoning Change From "Rl" To "(H)Rl-18"
..ohn Mutton, Mayor
Subject
Site
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Patti L. Berrie, Municipal Clerk
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