HomeMy WebLinkAboutPSD-022-15 Clarington
Planning Services
Report
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Report To: General Purpose and Administration Committee
Date of Meeting: March 30, 2015
Report Number: PSD-022-15 Resolution Number: 5
File Number: ZBA2015-0003 By-law Number: - "
Report Subject: An Application by Jeffery Homes Inc. to rezone lands in a Draft
Approved Plan of Subdivision
Recommendations:
1. That Report PSD-022-15 be received;
2. That the Zoning By-law amendment application submitted by Jeffery Homes Inc. be
approved as contained in Attachment 1 to Report PSD-022-15;
3. That should the Owner require a minor variance for a rear yard setback for lots 16 or 18
in the future, that the applicable municipal fee for a minor variance be waived;
4. 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 approved;
5. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-022-15
and Council's decision; and
6. That all interested parties listed in Report PSD-022-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-022-15 Page 2
Report Overview
A rezoning application submitted by Jeffery Homes Inc. proposing to rezone lands in a draft
approved plan of subdivision (S-C-2003-001) to allow increased lot coverage for bungalow
dwelling units with a loft; allowing all dwelling units to have a two car garage; reducing the rear
yard setback for six units; and reducing the setback to a property line created by a sight
-triangle is recommended for partial approval.
1 . Application Details
1.1 Applicant: Jeffery Homes Inc.
1.2 Agent: D.G. Biddle & Associates Ltd.
1.3 Proposal: To rezone the lands by:
• Increasing lot coverage from 40% to 50% for
bungalows with loft space;
• Decreasing rear yard setbacks on some lots from 7.5
metres to 6 metres;
• Increasing garage width to 55% of the width of the lot;
• Allowing a minimum yard setback of 1.2 metres to a
sight triangle; and
• Removing the (H) Holding symbol from the lands after
the draft plan is registered.
1.4 Area: 11.45 hectares
1.5 Location: Lands north of Centerfield Drive, east of Old Varcoe Road
being located in Part of Lot 34, Concession 3, former
Township of Darlington (see Figure 1).
1.6 Within Built Boundary: No
2. Background
2.1 Applications for Draft Plan Approval and Zoning By-law Amendment were approved in
May 2010 to allow 55 single-detached dwellings. In October 2011, after Jeffery Homes
Inc. purchased the lands, Draft Approved Plan was amended by reducing the number of
units to 51 single-detached dwellings. The two residential zones originally approved were
not changed at that time. An application for extension to draft approval was granted on
July 10, 2014. The applicant has entered into a subdivision agreement with the
Municipality of Clarington and the draft plan is expected to be registered by the end of
April.
Municipality of Clarington
Report PSD-022-15 Page 3
2.2 The application was submitted to allow:
• increased lot coverage from 40% to 50% for bungalows with loft space;
• lots to have dwellings with attached two-car garages up to a width of 55% of the
width of the lot in the R2-71 zone;
• a garage projection of up to 0.7 metres in front of the dwelling or attached porch;
• Allowing an exterior sideyard setback minimum of 1.2 metres from the lot line
formed by a sight triangle; and
• Removing the (H) Holding symbol from the lands after the draft plan is registered.
In support of the application the following documents were received:
• Proposed Zoning By-law Amendment Schedule `A';
• Copies of the Draft Plan of Subdivision; and
• A planning justification letter.
2.3 A public meeting was held on March 9, 2015 for the purpose of providing information and
seeking input on the application from the public. At the meeting five nearby residents
stated concerns regarding the subdivision and nearby lands, however, no objections to
the subject rezoning application were made. The Agent for the Applicant made a
presentation clarifying the proposal and responded to questions from members of
Council. The comments are addressed in Section 7 of this report.
2.4 Since the public meeting was held, the Applicant has refined the proposal and no longer
seeks approval for a garage projection. In addition, the garage width request has been
reduced to a garage width of 53% of the lot rather than the originally proposed 55%. As
the minimum lot frontage in the subdivision is 11.3 metres wide, a two car garage is
consistent with approvals elsewhere in both Bowmanville and Courtice.
3. Land Characteristics and Surrounding Uses
The subject site is located north of Centrefield Drive and east of Old Varcoe Road in the
Worden Neighbourhood in Courtice and is currently vacant.
Municipality of Clarington
Report PSD-022-15 Page 4
Figure 2: Site Location
Limits of DrafLApproved
Plan of Subdivision
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Subject Site
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The surrounding uses are as follows:
North: Two single-detached dwellings and farm field with dwelling and accessory
buildings
South: Low density residential dwellings
West: Harmony Creek and associated valley lands; existing single-detached dwellings
on Old Varcoe Road and Lawson Road
East: Provincially Significant Wetland (PSW); existing single-detached dwellings on
Tooley Road
4. Provincial Policy
The applications are proposing variations to the setbacks and other regulations for a
previously draft approved plan of subdivision that met Provincial Policy.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands as "Living Areas", which shall be
used predominately for housing purposes. The proposed rezoning application is to allow
Municipality of Clarington
Report PSD-022-15 Page 5
for an alteration in dwelling design elements for residential lots in a draft approved plan of
subdivision.
This proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential — Low
Density. Low Density residential uses shall be developed between 10-30 units per net
residential hectare. The predominant housing form shall be single detached, semi-
detached/link and duplex to a maximum height of 2.5 storeys.
This application conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63, zones the lands "Holding Urban Residential Type One Exception
((H) R2-71)" and "Holding Urban Residential Type Two Exception ((H) R2-72)". The
zones were originally established to allow lots having 10 metre and 12 metre frontages
respectively. The applicant is seeking to rezone the subject lands to increase lot
coverage for bungalows with lofts, decrease rear yard setbacks for specific lots, increase
garage widths, and allow for reduced yard setback to the property line created by the site
triangle.
6.2 The applicant has also requested that the Holding (H) symbol be removed through this
application.
7. Public Submissions
7.1 Staff have received two inquiries prior to the public meeting. Both inquiries related to the
nature of the rezoning and whether the proposal to change the zone provisions would
apply to the wider neighbourhood or only to the subject lands and if additional lots would
be added to the plan of subdivision. No objections were stated.
7.2 At the public meeting on March 9, 2015, five nearby residents spoke. Two residents had
questions regarding the timing of the future Adelaide Avenue extension, advising that
they were led to believe that Adelaide Avenue was to be built before any development
occurred in the subdivision. A concern was also expressed regarding potential impact to
neighbouring wells to the north of the subdivision as a result of the development.
7.3 Another resident who owns property on Springfield Lane stated that he was advised by
surveyors who were tagging trees in the Open Space Block (see figure 1) that they were
looking at the feasibility of adding a road in this area and asked Council if there were any
plans to this effect. Another resident who owns property on Tooley Road was concerned
with the ownership of the Open Space Block and if there were plans to build on this land.
A resident also expressed his satisfaction with the development, however, it was stated
that all houses should have room for two cars on driveways.
Municipality of Clarington
Report PSD-022-15 Page 6
8. Agency Comments
8.1 Region of Durham
The Region of Durham Planning and Economic Development department have no
objections to the proposed rezoning.
8.2 Central Lake Ontario Conservation Authority
Conservation Authority staff originally indicated that additional supporting information be
provided with respect to lot coverage and increase of impervious area over the
development. After reviewing the additional information Conservation Authority staff were
satisfied there would be minimal impacts on stormwater management pertaining to the
proposed zoning by-law amendment, and consequently have no objections to the
approval of the application.
9. Departmental Comments
9.1 Engineering Services
The Engineering Services Department also originally indicated that additional supporting
information was required. The engineering drawings for this development have already
been approved and the underground services have already been constructed. As
requested, the applicant submitted a Stormwater Management Brief which demonstrated
that each component of the overall stormwater management design and infrastructure
(storm sewers, ponds, swales, overland flow routes, infiltration trenches etc.) has
adequate capacity to accommodate the increased stormwater flow rates that will result
from the proposed zoning changes. In addition, Engineering staff reiterated that the
approved Master Grading Plan must be adhered to if this application is approved.
9.2 Building Services Division
The Clarington Building Division has no concerns with this application.
10. Discussion
10.1 Multiple residents had concerns regarding the status and timing of the proposed future
Adelaide Avenue extension at the public meeting. Staff contacted Regional Works
Department staff to obtain an updated timeline on the project. Regional staff have stated
that the Regional funding forecasts indicate that design for the Adelaide Avenue
extension is expected to be included in the 2022 forecast; property acquisition is
scheduled for 2023 forecast; utility relocation in 2024 forecast; and construction is
anticipated just beyond the 10 year forecast period.
10.2 The issue of well interference was considered as a condition of draft approval of the
subdivision. The owner has entered into a subdivision agreement with the Municipality of
Clarington. The agreement requires the developer to implement the recommendations of
the Hydrogeologic Report submitted in support of the subdivision. Underground services
were installed in the Fall of 2014. Typically, this is when any interference may be noticed.
Municipality of Clarington
Report PSD-022-15 Page 7
However, should there be an impact on any existing nearby wells the developer is
required to connect the affected party to the municipal water supply system.
10.3 The Owner has entered into a subdivision agreement that provides for the Open Space
Blocks on either side of the proposed lots to be conveyed to the Municipality of Clarington
as natural features to be protected.
10.4 One resident at the public meeting wanted to ensure that two parking spaces were
provided for each house. The Zoning By-law requires that two outdoor parking spots per
residential dwelling be provided. This is in addition to the parking area provided within
the garage. The rezoning would allow two-car garages on each dwelling.
10.5 The R2-71 and R2-72 zones permit 50% maximum lot coverage for single storey
dwellings and 40% maximum lot coverage for all dwellings above a single storey. The
bungalow model with loft space ("bungaloft") is considered, by definition, in the Zoning
By-law as having a second storey due to the loft space within the roof area of the model.
The applicant is seeking to adjust the lot coverage provision to treat the bungaloft as a
single story dwelling and has indicated that there is no increase in ground floor area for
bungalofts from the single storey models proposed for this subdivision. The height of the
bungaloft is equivalent to that of the bungalow and is less than the height of a two-storey
model. As a result, the proposed increase to lot coverage will avoid problems of massing
where the dwelling appears too large relative to the parcel on which it is sited. An
increase in lot coverage to 50% for bungalofts will allow the applicant to build a dwelling
that is similar in scale to a single-storey dwelling on some of the lots in the plan of
subdivision. The Engineering Services Department has reviewed an updated Stormwater
Management Brief and have determined that this increase in lot coverage will not affect
the overall stormwater management plan for the development.
10.6 The applicant is proposing to allow for decreased rear yard setbacks from a minimum of
7.5 metres to 6 metres on lots 16 to 18 and from 7.5 metres to 7.1 metres on lots 19 to 21
in order to accommodate proposed house models on these lots (see Figure 2). The six
lots in question are on average 3 metres shallower than typical lot depths of 30 metres.
The proposed decrease to the rear yard setback will reduce backyard amenity space on
these lots. The applicant maintains that this is a minor reduction in amenity space and is
confident that there is a market of buyers willing to buy homes with a smaller backyard.
Municipality of Clarington
Report PSD-022-15 Page 8
Figure 2: Lots for proposed reduced rear yard setback
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The information submitted in support of the rear yard setback reduction indicated that the
applicant has three models that will generally fit on the subject lots. Of the three only one
model will not comply with the rear yard requirements on two of the lots. The requested
rezoning would provide greater flexibility for the builder in marketing these lots. However,
as the lots and models are not sold at this time, and there are models that will comply,
staff are not supportive of a blanket rezoning to reduce the rear yard setback for the six
lots. It is recommended that should a rear yard variance be required for lot 16 or 18, that
given the circumstance, the applicant should request a minor variance at that time. In
that situation, the application fees could be waived.
10.7 The applicant's original submission requested that all lots zoned R2-71 within the plan of
subdivision be zoned to permit a garage width that is 55% of the width of the lots, to allow
greater siting flexibility for house models with two car garages. The proposal has since
been refined to a garage width of 53% of the width of the lots in said zone as the
applicant has determined that this percentage will provide sufficient variety of house
model/lot siting combinations to present to buyers. The 53% garage width provision
requested is consistent with other developments in Clarington over the last number of
years where the minimum lot size for a lot with an attached two car garage is 11 .3 metre
wide.
10.8 The Municipality's Architectural Guidelines permits two car garages on lots with a
minimum frontage of 11.3 metres in order to achieve a proportional balance between the
habitable portion of the dwelling and the garage, and to minimize the dominance of the
garage on the streetscape. An amendment to the draft approved plan of subdivision
Municipality of Clarington
Report PSD-022-15 Page 9
increased the frontages of the smaller lots in the R2-71 zone resulting in all lots in the
plan of subdivision having a minimum frontage of 11.3 metres. Since all lots now have a
minimum 11.3 metre frontage, they meet the minimum frontage criteria for two car
garages in the Architectural Guidelines. However, there are currently 18 lots in the R2-71
zone which limits garage width to 45% of the lot frontage in order to prevent two car
garages on lots with smaller frontages that are permitted in this zone. This restriction
would prevent two car garages even though all lot frontages meet the minimum frontage
requirement of 11.3 metres for two car garages. Staff support the request for 53%
maximum garage width of the lot.
10.9The applicant is proposing a minimum yard setback of 1.2 metres for porches only to the
property line created by the site triangle (see Figure 3). This provision would apply to Lots
1, 7, 26 and 51. These lots have a larger than typical site triangle because they directly
abut either Varcoe Road, a designated collector road, or the future Adelaide Avenue, a
designated Type `C' Arterial Road. The proposed setback distance of 1.2 metres is
between the porch of the proposed dwelling and site triangle on these lots. No part of the
dwelling would encroach in the required site triangle and therefore no impediments to
visibility of drivers would be introduced by this proposal and the dwelling would comply
with other front and side yard setback provisions.
Figure 3: Lot 1 showing proposed porch setback from site triangle
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Municipality of Clarington
Report PSD-022-15 Page 10
11 . Concurrence
Not Applicable
12. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the proposed zoning by-law be approved.
13. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
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Submitted by: °� � Reviewed by:
David J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Dave Addington, Planner 1, 905-623-3379 ext. 2419 or
daddington @clarington.net
Attachments:
Attachment 1: Zoning By-law Amendment
The following is a list of interested parties to be notified of Council's decision:
D.G. Biddle & Associates Ltd. c/o Michael Fry
Jeffery Homes Inc. c/o Scott Jeffery
Kevin Gray
Harry Gannon
John Strank
Giuseppe Sacco
George Downey
Pauline Bryan
DJC/DA/df
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Attachment 1 to
Municipality of Clarington Report PSD-022-15
Corporation of the Municipality of Clarington
By-law 2015-
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 ZBA2015-0003;
Now Therefore Be It Resolved That,the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 2 DEFINITIONS is hereby amended by adding thereto,the following
definition:
"DWELLING, BUNGALOFT: shall mean a one storey dwelling with a partial second
storey that is not more than 50%of the ground floor area of the dwelling (excluding
the garage);the habitable area of the second storey shall be contained within the
roof area and may have dormers on the front or rear elevations, not more than 33%
of the width of the wall of the dwelling, directly below, including garage".
2. Section 13.4 SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE TWO (R2)
ZONE is hereby amended by adding thereto,the following new Special Exception
zone 13.4.81 as follows:
"13.4.81 URBAN RESIDENTIAL EXCEPTION (R2-81)ZONE
Notwithstanding Sections 13.2 a), b), c)i), ii), iii), e)and h)on those lands zoned
R2-81 as shown on the Schedules to this By-law shall be subject to the following
uses and regulations:
a. Lot Area (minimum) 330 square metres
b. Lot Frontage (minimum)
i) Interior 11.3 metres
ii) Exterior 12.0 metres
c. Yard Requirements(minimum)
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
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iii) Portion of exterior side yard formed by Site Triangle 1.2 metres to porch;
2.0 metres to dwelling;
iv) Interior Side Yard With private garage or carport j
1.2 metres on one side;
0.6 metres on the other side;
Without private garage or carport
3.0 metres on one side,
0.6 metres on the other side
d. Lot Coverage (maximum)
i) 1 storey Bungaloft
a. Dwelling 50 percent
b. Total of all buildings and structures 55 percent
iii) All other residential units
a. Dwelling 40 percent
b. Total for all buildings and structures 45 percent
iv) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable floor space above it, shall
be permitted subject to the following:
a. In the case of an interior lot, an unenclosed porch/balcony up to a
maximum lot area of 12.0 square metres shall be permitted provided it
is located in the front yard of the lot and shall be calculated as lot
coverage.
b. In the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall not be
calculated as lot coverage.
e. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
f. Garage Requirements
i) All garage doors shall not be located any closer to the street line than the
dwelling front wall or exterior side wall or covered porch projection.
ii) The outside width of the garage shall be a maximum of 53%of the width of
the lot.
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 12015
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Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2015® ,
passed this day of , 2015 A.D.
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Zoning Change From"(H)R2-71"To"(H)R2-81"
Zoning Change From"(H)R2-72"To"(H)R2-81"
Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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Courtice ZBA 2015-0003
SCHEDULE4