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Home My WebLink AboutPSD-029-16 Clarington Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: April 25, 2016 Report Number: PSD-029-16 Resolution Number: File Number: ZBA 2016-0005 By-law Number: Report Subject: Municipally-Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice Recommendations: 1. That Report PSD-029-16 be received; 2. That the proposed Rezoning ZBA 2016-0005 continue to be processed including the preparation of a subsequent report; 3. That all interested parties listed in Report PSD-029-16 and any delegations be advised of Council's decision. Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: April 25, 2016 Report Number: PSD-029-16 Resolution Number: File Number: ZBA 2016-0005 By-law Number: Report Subject: Municipally-Initiated Zoning By-law Amendment for Properties Fronting on Tooley Road in Courtice Recommendations: 1. That Report PSD-029-16 be received; 2. That the proposed Rezoning ZBA 2016-0005 continue to be processed including the preparation of a subsequent report; 3. That all interested parties listed in Report PSD-029-16 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-029-16 Page 2 Report Overview The Municipality of Clarington has initiated an amendment to Zoning By-law 84-63 for lots fronting onto Tooley Road between Nash Road and McLean Road. The amendment would allow only single detached dwellings and require a minimum of 17 metres of frontage per lot. The amendment is also proposed to require a minimum front yard setback of 7 metres for all new dwellings. Further, the amendment would zone the lands near the future intersection of Tooley Road and Adelaide Avenue to permit, in addition to single detached dwellings, linked townhouses on a development block of at least 1 hectare in size. 1 . Proposed Rezoning 1.1. Proposal: The Municipality of Clarington is proposing to amend the Zoning By-law for lots fronting onto Tooley Road by allowing only single detached dwellings and requiring a minimum of 17 metres of frontage per lot. The amendment is also proposed to require a minimum front yard setback of 7 metres for all new dwellings. Furthermore, lands near the future intersection of Tooley Road and Adelaide Avenue would permit, in addition to single detached dwellings, linked townhouses on a development block of at least 1 hectare in size, subject to the typical development approval process. 1 .2. Location: All properties with frontage on Tooley Road in Courtice from Nash Road to McLean Road (future extension of Adelaide Avenue) with the exception of the lands that were part of application ZBA 2015-0002 (by H + H Properties Inc.) (see Figure 1). 1.3. Within Built Boundary: Most of the properties fronting on the subject portion of Tooley Road are within the Built Boundary. The exception are those properties north of and including 3398 Tooley Road on the west side of the road only. Municipality of Clarington Report PSD-029-16 Page 3 Figure 1: Area Subject to Rezoning McL'EAN!ROAD DELAIDE'AV ENUE — /� Z v� - W W J = Y+i Q /C Q ly F W Y Area Subject To PAGE" >P>;acE w °' ! Rezoning o ,.. ISLAM COURT _ CNT�RF r E �- s AN 4W JURACCLIRT� ARRAN COURT cr zitJTYRE STREET' w HARTSFD °IES ,— z } •1 w DUNKINAVENUE > \ ,CfRCLEFIELDCT O --LEITH�CIL � �. Q O� l p � Iw � r QG U u <�� -j POPP.YFIELD w -�O L _ - C7 �OAKF�IFLD GATES �t. —� ` 2 — � �'� � � w DEVCNDALE STREET �'QIRCHFIELD DR U ��1)FVONDALF STS- J J T % O 'c r-P cLELLAN DR, O Z_ CO2 LLI 11� J _ CLOVERF�ELD;ST C - F: � �\� j LJLl I I F � NASH ROAD 1' - .1 :�-T7-L7— 1 f ZBA 2018 0005 Municipality of Clarington Report PSD-029-16 Page 4 2. Background 2.1 In 2015, H & H Building Corp. submitted development applications for lands on the west side of Tooley Road. As a result of residents' concerns with this development proposal and future development within the neighbourhood, staff undertook a review of the Worden East Neighbourhood Design Plan in 2015. 2.2 On June 25, 2015, staff held a miniature design charrette where residents were asked to share what they liked about their neighbourhood, what they were concerned with and to identify other memorable neighbourhood characteristics. On November 10, 2015, staff met again with residents to review the consolidated list of principles and preliminary concepts for various areas along Tooley Road. Planning Staff and Staff from the Central Lake Ontario Conservation Authority met with a number of landowners with development interests on another occasion. Staff held a further meeting January 19th, 2016 with 9 residents from Tooley Road who had made submissions on the proposed neighbourhood plan following the November 10, 2015 meeting. The meetings provided a good opportunity for dialogue and helped gain a better understanding of issues all around. 2.3 The residents for the most part understand that development on Tooley Road is inevitable yet want to ensure that the character of their street is maintained. Protection of the natural environment, maintaining larger lots and allowing homes with greater setbacks from Tooley Road to maintain `green' along the frontage rather than a `wall' of garages and driveways were important to the residents. 2.4 At the Council meeting of February 8, 2016, Clarington Council approved a resolution that supported the revised Worden East Neighbourhood Design Plan (see Figure 2) and that authorized Staff to initiate an amendment to the Zoning By- law to permit only single detached dwellings with greater lot frontages and setbacks in the Urban Residential Type One (R1) Zone, fronting on Tooley Road with the exception of the medium density area, which would be rezoned to an appropriate zone. Municipality of Clarington Report PSD-029-16 Page 5 Figure 2: Worden East Neighbourhood Design Plan II I -- ------- FUTURE ADELAIDE AVENUE LEGEND � / Y Environmental Protection ExiO'g Residential And \\ I l I Infill Opportunity \ I 1 Single Detached Residential \ 4 Multi-und Low Density, Residential Muhl-'nit Medium Density Residentlal 1`C INawrsl Study re. / =I tmrci¢rshltly htlatermine J - eevE•lopment Ymis.roads antl -ChUnI LANE F_ / t. h Location Of Stdrmwater Management Pond 1' imo�w t�er�aer I tvp Mp M it f Fele _ _ -�- —�- a¢vBlopmen[wlll ce a¢lermfr�eq ', , /� 9 wpit tlevelvpmmt l — Possible Futune Trail _ I a i .. _� [Algmmemma®aee,m�neal �- r — ' - o 1 FIE , FZT �-- r I • - _ — -T LEITH- T Ix;PVY>=IELD DRIVE �j i � — F4- -L� _ r 0 DAVID CRO®E.FEB 1112016 TONY CANNELLA FEB 1112018 LIDEN Il NELGRHOUHFIOOD PLAN r �T LAND us€caNCE—RLAN NASH ROAD Municipality of Clarington Report PSD-029-16 Page 6 3. Characteristics of the Neighbourhood 3.1 The homes along Tooley Road have been built over a period of time, mostly when Tooley Road was a rural area. By necessity, to provide for septic systems and private wells, the lots are large and deep. The placement of the existing residences are varied; some are setback a distance from the road while others, usually more recent, are much closer. Many of the homes are from the 60's and were built as bungalows with a mixture of wood and brick veneer siding. Garages may be attached, detached or not present at all. More recently built homes tend to be two-storey with brick and/or stone veneer with attached two or three car garages. 3.2 Since 1976, these lands have been within the Courtice Urban Area. This area has been identified for urbanization on full municipal services. In 1984, the R1 zone was applied to the frontages of most properties in anticipation of the urbanization. The R1 zone allows for single detached dwellings on 15 metre wide lots or semi- detached or linked dwellings on 18 metre wide lots; approximately 9 metres for each unit. 3.3 A number of the properties on the west side of Tooley Road have severed the rear portion of their lots for sale to developers. However, in this process, the retained lots vary greatly between 28 metres to over 100 metres in depth, which is quite deep for urban lots. In part this is due to the placement of the existing homes further back than the minimum setback. One of the most consistent attributes of the neighbourhood is the mature vegetation along both sides of the road. This reflects the age of the residences and the large setbacks from the road which has allowed for well-vegetated front yards. The last element is the road itself. The greater portion of Tooley Road within the Courtice urban area has curb and gutter with the exception of the very north section. There are no sidewalks despite its collector road status. Although it has been referred to as a great place to walk and bike because of its roadside ambience, there will need to be improvement in the coming years for walkability and pedestrian safety. 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourages planning authorities to create healthy liveable and safe communities by accommodating an appropriate range and mix of residential; employment; recreation, park and open space; and other uses to meet long term needs. The proposal is consistent with the Provincial Policy Statement, as it is consistent with healthy, livable and safe communities by accommodating an Municipality of Clarington Report PSD-029-16 Page 7 appropriate mix of residential dwelling types and is sensitive to the characteristics of the neighbourhood. 4.2 Provincial Growth Plan The Provincial Growth Plan encourages municipalities to manage growth by directing population growth to settlement areas such as the Courtice Urban Area. Municipalities are encouraged to create complete communities that offer a mix of land uses, employment and housing options, high quality open space, and access to stores and services. The subject area is mainly within the Built-up Area of the Growth Plan, with the exception of some of the medium density lands at the north end of the subject area. The Growth Plan includes policies to direct development to settlement areas, and provides direction for intensification targets within Built-up Areas. The proposal provides opportunities for intensification within an existing residential area and is consistent with the Growth Plan. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject lands as Living Areas and Major Open Space. Lands designated as Living Areas permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed change is consistent with the Living Areas designation. Lands designated Major Open Space are to be conserved, which the proposed change will also accomplish. 5.2 Clarington Official Plan This neighbourhood is designated Urban Residential and Environmental Protection Area with a medium density symbol at the north end of the subject area on the west side of Tooley Road. The lands are within the Worden Neighbourhood, which has a population allocation of 3900 and a housing unit target of 1300, including 85 medium density units and 50 units for intensification. The Urban Residential designation allows a (low) density of 10 to 30 units per net hectare with the predominant form of housing being single and semi-detached dwellings. The area of the neighbourhood with the medium density symbol allows a density of 31 to 60 units per net hectare with the predominant form of housing being townhouses, low rise apartments and mixed use developments. Municipality of Clarington Report PSD-029-16 Page 8 Tooley Road is a collector road with a planned width of 23-26 metres and sidewalks are intended to be on both sides. The revised Worden East Neighbourhood Design Plan was approved February 11, 2016 in harmony with the Clarington Official Plan, as amended. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands lands "Urban Residential Type One (R1)" Zone, which permits single detached dwellings on 15 metre (minimum) lots and semi-detached or linked dwellings on 18 metre (minimum) lots. The current front yard setback is 4.5 metres to the dwelling and 6 metres to the garage or carport. 7. Public Notice and Submissions 7.1 The Public Notice was given by mail to landowners within 120 metres of the subject site in accordance with the Planning Act. The notice also advised of a Public Information Centre on April 12, 2016 at White Cliffe Terrace Retirement Residence in Courtice. 7.2 As of writing this report, Staff have received numerous comments. A number of individuals who live on Tooley Road have commented on the proposal. 7.3 Public Information Centre Three Staff from the Planning Services Department and one member of Council attended the Public Information Centre on Tuesday April 12, 2016. 29 people attended the meeting including area residents and land owners. The comments are summarized below: • Support for the proposed Zoning By-law changes, • Concern from some residents regarding moving the Environmental Protection zone boundary to match the current Environmental Protection Area designation in the Official Plan, • Concern with parking issues on Tooley Road; More green space and trails are needed in the area • Keep the Environmental Study Area, identified on the Worden East Neighbourhood Design Plan, as green space, • Do not allow clear cutting of trees. Municipality of Clarington Report PSD-029-16 Page 9 7.4 Through submissions on this proposal, area residents have expressed support for the proposed zoning changes. The submissions received to date concur that allowing only single detached dwellings on wider lots with greater front yard setbacks on the low density portion of Tooley Road will help to ensure that future development will maintain some of the character of the existing neighbourhood while allowing intensification by infilling and redevelopment of some properties. 7.5 One resident submitted that they were concerned about the potential for their property to become legal non-conforming if the minimum required frontage is increased from 15 metres to 17 metres. Any existing lot whether developed or vacant that becomes legal non-conforming as a result of the proposed changes will be subject to the new zone regulations should the owner wish to build new or expand an existing dwelling. The proposed 17 metre minimum frontage only affects the creation of new lots or lot line adjustments. The proposed 17 metre minimum frontage requirement has no effect on existing lots that would fall below that new threshold. 8. Agency Comments Comments are outstanding from Central Lake Ontario Conservation and the Region of Durham Planning Department. 9. Departmental Comments Clarington Engineering Services concerns have been addressed through the amendments to the Neighbourhood Design Plan. 10. Discussion 10.1 The proposed changes to the Zoning By-law implements the Council resolution in response to comments from residents of Tooley Road to permit single detached dwellings on larger lots with greater setbacks. As part of the rezoning of the subject area, the EP zone limits are being adjusted to match the Environmental Protection Area designation boundary as currently contained within the Clarington Official Plan. 10.2 Should Council pass a by-law to change the zone regulations for the subject area, lands that are designated Environmental Protection Area in the Clarington Official Plan within the subject area and currently zoned Urban Residential Type One (R1) would have to be rezoned to be in conformity with the Official Plan. Municipality of Clarington Report PSD-029-16 Page 10 This means that the area zoned Environmental Protection (EP) in the Worden East Neighbourhood would expand to match that which is designated Environmental Protection Area (see Figure 3). 10.3 Regarding the concern stated about parking on Tooley Road, any future single detached dwelling lots on Tooley Road will have driveways capable of accommodating a minimum of two vehicles. In many cases, recently constructed driveways have been designed to accommodate more than two vehicles in addition to two or three car garages being built on newer lots. The Municipal Traffic and Parking By-law permits three hours of on-street parking on any municipal road, unless otherwise posted. Residents requiring on-street parking for periods longer than three hours (in permitted parking areas), can purchase a Parking Permit from the Municipality. 10.4 The proposed zoning changes do not affect the Environmental Study Area identified on the Worden East Neighbourhood Design Plan with the exception of the frontage of 3336 and 3362 Tooley Road, which is currently zoned R1 and would continue to be zoned for residential purposes the same way as the lands to the south. Municipality of Clarington Report PSD-029-16 Page 11 Figure 3: Existing and Proposed Zoning —� _ A N xUTUREgDEL,gIDEqvENU- �� t JI? J�J a J a- a1 ]]] 3362 Tooley Road >J A 3336 Tooley Road j EP -— LANE 5 1 (H)R1 a O (H)Rl r _ w J Q O r CIRC E CT LEI POP LDDRIVE _ � w CU) p � W L— LL R2-1 w W 7 LU / U CHFILI DR 00 _ -•I I a 0 4 I O D Existing Zoning - II I Proposed EP Zoning FIELD ST Clarington Offical Plan EP Proposed R1-XX Zoning -R1-� _'>>> Proposed R3-XX Zoning Nash ROAD Municipality of Clarington Report PSD-029-16 Page 12 11 . Concurrence Not Applicable 12. Conclusion The purpose of this report is to provide background information on the proposal for the Public Meeting under the Planning Act. Staff will continue processing the proposal including the preparation of a subsequent report. 13. Strategic Plan Application Not applicable. ;, Submitted by: Reviewed by: c) Davi , ,'Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Staff Name, Mitch Morawetz, 905-6233379 ext. 2411 or mmorawetz(cD-clarington.net Attachments: Attachment 1 — Proposed Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. CP/MM/df Corporation of the Municipality of Clarington By-law Number 2016- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 Municipality of Clarington for ZBA 2016-0005; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exception Zone 12.4.XX as follows: "12.4.XX Urban Residential Exception (R1-XX) Zone Notwithstanding the provisions of 12.1 , 12.2 b., c., d.i) and f. those lands zoned "R1-XX" on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses i) A single detached dwelling ii) A home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Lot Frontage (minimum) i) Interior 17 metres ii) Exterior 20 metres C. Yard Requirements (minimum) i) Front Yard 7.5 metres to private garage 7 metres to dwelling d. Lot Coverage (maximum) i) Dwelling 40 percent ii) Total of all buildings and structures 45 percent 2. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is hereby amended by adding thereto, the following new Special Exception zone 14.6.XX as follows: "14.6.XX Urban Residential Exception (R3-XX) Zone Notwithstanding the provisions of 14.1, 14.2 and 14.3 those lands zoned "R3-XX" on the Schedules to this By-law shall be subject to the following regulations: a. Permitted Uses: i) A single detached dwelling ii) A link townhouse dwelling iii) A home occupation use in accordance with the provisions of Section 3.11 of this By-law, save and except the retail sale of antiques, arts, crafts, or hobby items. b. Regulations for Single Detached Dwelling i) Lot Frontage for single detached dwellings (minimum) a) Interior 17 metres b) Exterior 20 metres ii) Yard Requirements (minimum) a) Front Yard 7.5 metres to private garage; 7 metres to dwelling b) Interior Side Yard (i) With an attached garage 1.2 metres (ii) Without an attached garage 1.2 metres on one side, 4.5 metres on the other c) Exterior Side Yard 4.5 metres d) Rear Yard 7.5 metres iii) Lot Coverage (maximum) a) Dwelling 40 percent b) Total of all buildings and structures 45 percent iv) Dwelling Unit Area (minimum) a) 1 storey or split level 85 square metres b) 1 /2 oar two storey 100 square metres v) Landscaped Open Space (minimum) 30 percent vi) Building Height (maximum) 10.5 metres C. Regulations for Link Townhouse Dwelling i) Lot Area (minimum) 1 hectare ii) Unit Requirements For the purpose of establishing regulations for each Link Townhouse Dwelling Unit, the following specific regulations shall apply as if each unit is located on a lot: a) Lot Area (minimum) 180 square metres b) Lot Frontage (minimum) 6 metres c) Lot Coverage (maximum) 50 percent d) Landscaped Open Space (minimum) 30 percent e) Yard Requirements (minimum) (i) Front Yard (a) Garage or carport 6.0 metres (b) Dwelling 4.0 metres (c) Porch 2.0 metres (ii) Rear Yard 7.5 metres (iii) Side Yard 1.5 metres Nil where a building has a common wall with any building on an adjacent lot in the same zone f) Parking spaces shall not be located in the required yard between a public street and Link Townhouse Dwelling Unit. 3. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Urban Residential Type One Exception (R1-XX) Zone", "Urban Residential Type One (R1) Zone" to "Urban Residential Type Three Exception (R3-XX) Zone"; "Urban Residential Type One (R1) Zone" to "Environmental Protection (EP) Zone"; and "(Holding) Urban Residential Type One ((H)R1) Zone" to "Environmental Protection (EP) Zone" as illustrated on the attached Schedule `A' hereto. 4. Schedule `A' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section of the Planning Act. NOF By-Law passed in open session this day of 2016 Adrian Foster, Mayor C. 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