HomeMy WebLinkAboutPSD-029-14 Clarftwn REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 26, 2014 Resolution #:C-iO4- 31-16-11/By-law #: 3
Report#: PSD-029-14 File #: ZBA 2014-0012
Subject: TO CREATE A NEW BUILDING LOT TO ACCOMMODATE ONE PAIR OF
SEMI-DETACHED/LINKED DWELLING UNITS.
APPLICANT: WILLIAM TONNO CONSTRUCTION LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-029-14 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, that the
application to amend Zoning By-law 84-63, submitted by D.G Biddle and Associates on
behalf of William Tonno Construction Limited to permit the construction of one semi-
detached/linked lot (two dwelling units) be supported;
3. THAT once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of
the (H) Holding Symbol be forwarded to Council for approval;
4. THAT the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-029-14
and Council's decision; and
5. THAT all interested parties listed in Report PSD-029-14 and any delegations be advised of
Council's decision
Submitted by: Reviewed by:
Tvi. ro , MCIP, P Franklin Wu,
of P nning Services Chief Administrative Officer
CS/CP/df
May 21, 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-029-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: William Tonno Construction
1.2 Agent: D.G. Biddle and Associates
1.3 Proposal: To rezone Block 60 in a Draft Approved Plan of Subdivision
consistent with the abutting lands to the east to permit the construction
of two semi-detached/linked dwelling units on the combined lands.
To remove the (H) Holding symbol from the Draft Approved Plan 18T-
89055 once the plan is registered.
1.4 Area: 719 square metres
1.5 Location: Daiseyfield Avenue, just west of Firwood Avenue, in Courtice, being
Part Lot 32, Concession 3, in the former Township of Darlington.
2. BACKGROUND
2.1 On April 4, 2014, William Tonno Construction Limited submitted an application to rezone a
block in a Draft Approved Plan of Subdivision so it would have consistent zoning with the
abutting lands in an existing subdivision to the east. The re-zoning would permit the
construction of two semi-detached/linked dwelling units on the combined lands.
2.2 In October 2011, William Tonno Construction received draft approval for 53 single detached
dwellings and 24 townhouse units. The adjacent lands to the east are also the subject of a
draft approved plan of subdivision owned by Kingsberry Properties Inc. These lands also
received draft approval in October 2011. The draft approval consists of 40 single detached
dwellings and 30 townhouse units. A public elementary school site straddles both
properties. The Tonno lands have been graded and municipal services are being installed.
The plan will be registered in the coming weeks.
Block 60 on the Tonno lands was intended to meld with the adjacent block in an existing
plan of subdivision to the east, being Block 35 in 40M-1954, to allow for two semi-
detached/linked units. However, the zones in each block are not consistent, Block 60 being
zoned "Holding — Urban Residential Exception ((H)R2-71) and Block 35 being zoned
"Urban Residential Type One (R1)", hence the need for the rezoning of Block 60 (see Key
Map).
REPORT NO.: PSD-029-14 PAGE 3
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Key Map
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are currently vacant and have been cleared for development. The
adjacent property is grassed and vegetated with trees and shrubs.
The turning circle will be removed and Daisyfield Avenue will be extended to accommodate
this development (see Figure 1).
REPORT NO.: PSD-029-14 PAGE 4
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Figure 1
3.2 The surrounding uses are as follows:
North - Future school block & residential in Draft Approved Plan of Subdivisions
18T-89055 and 18T-90003
South - Existing single detached dwellings
East - Existing semi-linked dwellings and Draft Approved Plan of Subdivision
18T-90003
West - Future single detached dwellings and beyond stormwater management
pond, Tooley Creek and associated valleylands.
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The Provincial Policy Statement encourages planning authorities to create healthy livable
and safe communities by accommodating an appropriate range and mix of residential,
employment, recreational and open space uses to meet long term needs. New
development shall occur adjacent to built up areas, taking advantage of existing and
planned infrastructure, and shall have compact form, and a mix of uses and densities. The
development allows for the efficient use of land, infrastructure and public services. The
proposed draft plan of subdivision continues to offer a range of housing types and densities.
The subject applications are consistent with the PPS.
REPORT NO.: PSD-029-14 PAGE 5
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan encourages municipalities to manage growth by directing population
growth to settlement areas. Growth is to be accommodated by building compact, transit-
supportive communities in designated greenfield areas with a region-wide density of 50 jobs
and persons per hectare. Growth shall also be directed to areas that offer municipal water
and wastewater systems.
The subject applications conform to the Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. The intent
of this designation is to permit the development of primarily residential areas with defined
boundaries, incorporating the widest possible range of housing types, sizes and tenure,
developed in an efficient and cost effective manner.
The subject applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The lands within the draft approved plan of subdivision are designated Urban Residential
within the Clarington Official Plan, with symbols for a neighbourhood park, public
elementary school and for medium and high density.
The subject applications continue to be in conformity with the approved land use
designations for the neighbourhood.
6. ZONING BY-LAW
6.1. Within Comprehensive Zoning By-law 84-63, as amended, the subject lands are zoned,
"Holding Urban Residential Exception ((H) R2-71)". The zone permits a single detached
dwelling with 12 metres of frontage. A Zoning By-law amendment is required in order to
merge the blocks, thereby creating one parcel to accommodate two semi-linked dwellings.
The application is also for the removal of the (H) Holding Symbol from the balance of the
subdivision, once registered.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. A
Public Meeting sign was installed along the frontage of Daiseyfield Avenue in the Courtice.
Staff received one objection from an existing resident on George Reynolds Drive. The
individual is concerned that there will be two homes and two backyards abutting her rear
yard rather than one, and that semi-detached/linked units will devalue her property.
REPORT NO.: PSD-029-14 PAGE 6
8. AGENCY COMMENTS
8.1 Region of Durham Planning and Economic Development Department states that the subject
site is designated "Living Area" and shall be used for housing purposes. It also states that
Living Areas shall be developed in a compact form through higher densities and by
intensifying and redeveloping existing areas, particularly along arterial roads.
The application was reviewed in accordance with the terms of the provincial plan review
responsibilities. The applicant advised through the site screening questionnaire that fill was
placed on the site. The region has requested an updated Environmental Site Assessment.
8.2 The Central Lake Ontario Conservation Authority has no objection to the rezoning.
8.3 Public School Board has no objection to the rezoning.
9. DEPARTMENTAL COMMENTS
9.1 Engineering Services
The Engineering Services Department has no objection to the rezoning of Block 60
provided that the existing service stubs on Block 35, 40M 1954 are utilized, and the
proposed service stubs to Block 60 as depicted on the approved engineering drawings are
not changed.
10. DISCUSSION
10.1 The draft approval contemplated that Block 60 in 18T-89055 would be combined with Block
35 in 40M -1954 to allow for two semi-detached/linked units. The newly created lot has
frontage on the outside curve of Daiseyfield Crescent and narrows at the rear. The lot area
is 697 square metres, which is larger than the lot area requirements for a typical semi-
detached/linked lot in the R1 zone which is 550 square metres.
10.2 The semi-detached/linked units would be consistent with the semi-detached/linked units
fronting onto Daiseyfield Avenue which were built in 1999. The draft approved lots to the
west of Block 60 are for single detached dwellings with 10 metre frontages. The proposed
housing form is consistent with the existing homes to the east and proposed homes to the
west.
10.3 An area resident raised concerns that the proposed semi-detached/link units will devalue
property values in the area. Given that the housing form is consistent with the existing
homes in the area and the new proposed homes, there should not be an impact on property
values. With respect to the concern regarding two backyards backing onto one backyard,
staff note that this is sometimes unavoidable due to the configuration of the street layout
and the various lot sizes in any given subdivision.
REPORT NO.: PSD-029-14 PAGE 7
10.4 The applicants have also requested that the (H) Holding Symbol be removed from 18T-
89055 (Phase 1 of Mallory Heights). A by-law will be brought forward to Council once the
draft plan is registered and the applicant provides the updated Environmental Site
Assessment to the satisfaction of the Region of Durham.
11. CONCURRENCE — (Not Applicable)
12. CONCLUSION
12.1 Provided there are no significant issues raised at the Public Meeting, and based on the
comments in this report, it is recommended that the rezoning application submitted by
William Tonno Construction be approved, and that the Zoning By-law amendment, as
contained in Attachment 1 to Report PSD-029-14, be passed.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Cynthia Strike
Attachments:
Attachment 1 - Zoning By-law Amendment
List of interested parties to be notified of Council's decision:
Cora Tonno
Bob Annaert
Mark Foley
Margaret Lawson
ATTACHMENT
TO REPORT PSD-029-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
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 Municipality of
Clarington for ZBA 2014-0012;
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 designation from "Holding - Urban Residential Exception
((H)R2-71)" to ""Holding — Urban Residential Type One ((H)R1) 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 passed in open session this day of 2014.
Adrian Foster, Mayor
Anne Greentree, Deputy Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
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