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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: November 14, 2016
Report Number: PSD-063-16
File Number: ZBA 2016-0019
Resolution:
By-la w Number:
Report Subject: Municipally-Initiated Zoning By-law Amendment for properties in a
portion of the Glenview Neighbourhood in Courtice
Recommendations:
1.That Report PSD-063-16 be received;
2.That the proposed zoning by-law amendment continue to be processed including the
consideration of public comments received in the preparation of a subsequent report; and
3.That all interested parties listed in Report PSD-063-16 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-063-16 Page 2
Report Overview
On June 13, 2016, Clarington Council passed an Interim Control By-law for a portion of the
Glenview Neighbourhood in Courtice and directed Planning Services Staff to study the
character of the area. Staff have sought public input, completed the analysis, and are now
proposing to amend the Zoning By-law to change permissions for housing types and zone
regulations in terms of lot frontages, lot size and setbacks. The proposed changes to the
Zoning By-law are intended to help preserve the character of the neighbourhood if
redevelopment occurs. Staff are seeking public input on the draft Zoning By-law which is
attached to this report.
1. Background
At the June 6, 2016 Planning and Development Committee meeting, Committee
considered Staff Report PSD-044-16 which discussed the need to study the character of
the Glenview Neighbourhood. Area residents were concerned that given the large lots in
the Glenview area, the number of severances would increase and newly constructed
homes would be out of character with the existing house types and styles. On June 13,
2016 Council passed the Interim Control By-law. The Study Area includes properties with
frontage on Glenview Road and Lynwood Avenue and some properties with frontage on
Westmore Street, Jane Avenue, Fourth Avenue, Nash Road and Courtice Road, shown
in Figure 1. All properties in the subject area are within the built boundary except for 32
Jane Avenue.
2. Characteristics of the Area
2.1 Many years of aerial photos and past development applications on file in the Planning
Services Department have also been reviewed. Staff undertook a background review of
the area which is characterized by many 50 plus year old homes on large lots by today’s
urban standards. Over the past 15 years, new homes have been constructed in
subdivisions at the periphery of the subject area on Fourth Avenue, Jane Avenue and
Skinner Court. Between approximately 15 to 25 years ago, lots located on Nash Road
and Courtice Road were severed creating redevelopment and infill opportunities.
2.2 Typical lots towards the interior of the study area have approximately 32 metres of
frontage each with the range being from 20 metres to 49 metres. A few of these lots have
a lot depth of up to 60 metres, however 40 to 50 metres is common:
The lots on the newer portion of Fourth Avenue within the Plan of Subdivision
typically have 15 metres of frontage.
Lots fronting on Courtice Road have approximately 26 metres of frontage with the
exception of two 15 metre wide lots and one approximately 43 metre wide lot.
Lots fronting on Nash Road range from less than 8 metres of frontage to 32 metres
of frontage.
Municipality of Clarington
Report PSD-063-16 Page 3
2.3 Bungalows are very common in this area, though there are some two storey dwellings.
Front yards tend to be deep with most in the range of 8 metres to 15 metres.
Rear yards are similarly deep and side yards tend to by wide compared to the zone
minimums. Lot coverage tends to be very low and landscaped open space high. In
many ways this area has developed similarly to an older hamlet residential area.
Figure 1: Subject Area for rezoning
Municipality of Clarington
Report PSD-063-16 Page 4
3. Provincial Policy
3.1 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 dwelling types while being sensitive to the characteristics of the
neighbourhood.
3.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by directing the
increasing population 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. The
Growth Plan includes policies to direct development to settlement areas, and provides
direction for intensification targets within Built-up Areas. Planning authorities are to
identify appropriate locations and opportunities for intensification and redevelopment.
4. Official Plans
4.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Areas. 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.
4.2 Clarington Official Plan
The Clarington Official Plan designates the Glenview Neighbourhood as Urban
Residential. The Urban Residential designation typically seeks a minimum 10 units per
gross hectare with the predominant form of housing being single and semi-detached
dwellings with limited townhouses interspersed.
4.3 Council Adopted Clarington Official Plan
The Council adopted Clarington Official (Official Plan Amendment 107) also designates
the Glenview Neighbourhood as Urban Residential. These lands are not a Priority
Intensification Area. New development and redevelopment in established
neighbourhoods shall respect and reinforce the physical character having regard to the
pattern of lots, streets and blocks, the zone and configuration of lots, building types of
nearby properties, the height and scale of buildings and the setback of buildings from the
street, rear and sideyards.
Municipality of Clarington
Report PSD-063-16 Page 5
5. Zoning By-law
Zoning By-law 84-63 zones the subject lands Urban Residential Type One (R1), however
the Interim Control By-law is currently in effect. The R1 zone permits single and semi-
detached dwellings.
6. Public Notice and Submissions
The Public Notice of this meeting was given by mail to landowners within 120 metres of
the study area in accordance with the Planning Act. Staff have received comments
through the workshop and follow-up meeting along with other phone conversations. The
draft By-law was distributed with the Public Notice and has also been available on the
website. At the time of writing this report, no comments have been received on the draft
by-law.
7. Stakeholder Consultation
7.1 Workshop
On September 21, 2016, Planning Services Staff hosted an evening workshop at Faith
United Church with area residents and property owners or their representatives. The
workshop was attended by 26 people. At this workshop, Staff provided background
information on the Interim Control By-law, the current Provincial Policy and Official Plans
as well as an overview of the items that are addressed through zoning by-laws. The
attendees then participated in three round table activities. On September 28, 2016,
Planning Services Staff hosted a follow-up meeting to the workshop to share the results of
the activities and staff’s neighbourhood character analysis. This meeting was attended by
many of the same people as attended the workshop along with a few who were unable to
attend the previous week.
7.2 Workshop Activities
Activity One
The residents were asked to map the area they felt should be studied. The results of the
first activity, “defining the limits of the study area”, were presented to attendees. Staff
then presented a map that represented consensus by the participants at the following
meeting, which is the area proposed to be rezoned (Figure 2).
Municipality of Clarington
Report PSD-063-16 Page 6
Figure 2: Interim Control By-law and area to be rezoned
Activity Two
The attendees were asked to answer three questions. This was important to establish
principles for drafting an amendment to the zoning. The three questions and responses
are as follows:
i) What are the aspects of your area that you are proud of or find desirable regarding
building design and lot layout?
The responses were:
Large lots / lot frontages
Housing character
Setbacks / privacy
Ranch Bungalows
Large driveways / ample parking
Single detached homes
Municipality of Clarington
Report PSD-063-16 Page 7
ii)What are your concerns regarding what is currently permitted by the Zoning By-
law?
The responses were:
Severance of Large Lots
Reduced off-street parking
Loss of unique character
Reduced setbacks
Different housing forms
iii)Is there anything else you’d like to tell us about your property or the area?
Some responses were:
Maintain peace and quiet
Close proximity to transit
Safe streets for children
Historical feel
Minimal traffic
By contrast other responses were:
90% of property values are in the land changing the minimal frontage will
have a financial impact
Owners who have approved land severances and invested in services
should be allowed to proced with house construction
Home improvements are desirable
Activity Three
The participants were asked to examine the regulations in the Urban Residential Type
One (R1) Zone. The results of the third and final workshop activity were less clear as was
evident through the responses received when compared to the results of the previous
activities. Not all participants could grasp how zoning regulations are applied. However,
many of the responses received were still useful to Staff in writing the draft by-law. Many
respondents indicated the desire to protect the area for large lots, greater setbacks,
moderate dwellings and lots of open space.
8.Proposed Zoning By-Law Changes
8.1 In crafting the draft Zoning By-law, Staff have considered these four key principles should
guide the zoning:
Must be consistent with applicable Provincial policy direction, the Regional Official
Plan and current and Council Adopted Clarington Official Plan policies;
Take into consideration all stakeholder comments being both landowners and
development interests;
Municipality of Clarington
Report PSD-063-16 Page 8
Find a balance between the various interests that have been expressed in the
matter; and
Respect existing building rights where lots have been created but are not yet built
on.
8.2 The draft by-law is more restrictive than the current R1 zone in terms of permitted
housing types and regulations while at the same time allowing for a reasonable building
envelope on lots that have been created but are not yet built upon. Specifically, the draft
Zoning By-law restricts permitted uses to what is characteristic of each part of the study
area as follows:
For much of the internal area, only single detached dwellings are permitted;
For five large lots on Nash Road, it means semi-detached dwellings only;
Regarding the regulations, it is proposed that some lots on Fourth Avenue and the
vacant lots on Glenview Road be allowed to develop in accordance with the current
R1-44 zone regulations of the newer portion of that street, which means typical 15
metre lots.
8.3 The internal area is proposed to be zoned R1-32 which has the following key
components:
Only Single detached homes are permitted.
Most lots can be severed in half as most lots are approximately 32 metres wide and
the minimum width of a lot is 16 metres
Increased front yard setbacks
Many older homes are setback by around 13-15 metres from the street line. The
proposed zoning has increased the setback from 4.5 metres to 8 metres.
Reduced building heights
The existing R1 zone has a height limit of 10.5 metres which is measured to the
lowest finished grade. This would allow for a 3 storey building but this is generally
only used to the maximum to address grading issues. This allows homes to have a
walkout basement where grades would be lower at the back. The height has been
reduced to 8 metres which would only allow two storey homes. Height is also
measured to the middle of a hip or gable rood (half way between the eave and the
peak), so this also addresses very high pitched roofs which are increasingly
common and can overpower existing buildings with a lower pitch roofs.
Reduced lot coverage
Lot coverage can have a great impact on the size of buildings particularly on larger
lots. As an example an existing lot could have a lot area of 1440 m2 (32 metres
frontage by 45 metres depth). At 40% coverage, this would allow a 576 m2
(6200 sq. ft.) house. This is being reduced to 30% coverage, which would still
allows 432 m2 (4650 sq.ft.) house.
Municipality of Clarington
Report PSD-063-16 Page 9
However it is assumed that most significant redevelopment would occur with division of
the lot into 2 lots. In the example above, the lot would be approximately 720 m2. The 30%
coverage would allow a 216 m2 (2,325 sq. ft.) house versus the existing permission for a
288 m2 (3,100 sq. ft.) house. It should be noted that accessory buildings and structures
can add an additional 10% taking the total to 40%.
8.4 The proposed regulations for the five lots on Nash Road (see draft R1-33 regulations)
include similar increases and decreases as the draft R1-32 regulations making them
more restrictive than the current R1 regulations. The proposed permitted uses and
regulations for these lots will not prohibit the owners of these lots from continuing to use
the lots as they always have under the R1 zone regulations regarding alterations or
expansions to the five existing single detached dwellings. The new regulations would
only apply to redevelopment of these lots.
8.5 A comparison of the Zoning regulations is shown in Table 1 below.
Table 1: Zone Regulations Comparison
Permitted Uses and
Zoning Regulations
Existing R1 Zone Proposed
R1-32 Zone
Proposed
R1-33
Permitted Uses Single and Semi- Detached Single Detached Semi-detached
Frontage (minimum) 15 metres for single
18 metre for semi
16 metres 18 metres
Lot Area (minimum) 460 sq. m single
550 sq. m for semi
560 square metres 720 square
metres
Front Yard Setback
4.5 metres 8 metres 4.5 metres
Rear Yard Setback
7.5 metres 8 metres 12 metres
Exterior Side Yard Setback
6 metres 8 metres No regulation
Interior Side Yard Setback
1.2 metres 1.5 metres 1.2 metres
Lot Coverage (maximum) 40% 30% for dwelling,
40% total
30% for
dwelling
Landscaped Open Space
30% 40% 30%
Building Height (maximum) 10.5 metres 8 metres 8 metres
Porch Height Above Grade
No regulation 1 metre 1 metres
Garage Projection
3 metres on a new lot Not permitted Not permitted
Outside Width of Garage
No regulation 6.5 metres No regulation
Municipality of Clarington
Report PSD-063-16 Page 10
8.6 These proposed regulations are designed to work on both corner lots and interior lots of
varying depths and to keep much of the existing character while still allowing for some
redevelopment and infilling. All comments received and the analysis completed by staff
have been strongly considered in the writing of the draft By-law.
9. Agency Comments
Comments are outstanding from the Region of Durham Planning and Economic
Development Department and will be provided in advance of the recommendation report
coming forward.
10. Departmental Comments
The Engineering Services Department has reviewed the draft By-law and has no
comments or concerns. Clarington Engineering comments on all consent applications
and requires the implementation of standard conditions of approval as required.
11. Concurrence
Not applicable.
12. Conclusion
12.1 The purpose of this report is to provide background information on the study and public
consultation process, to present the draft By-law for public input and to satisfy the
requirement for a Public Meeting under the Planning Act. Staff will continue processing
the file including the preparation of a subsequent report.
12.2 The Zoning By-law amendment is being undertaken at the direction of Council due to
concerns expressed over lot creation and the character of new homes. The Interim
Control By-law is under appeal with a hearing to be scheduled for some time in the new
year. It is the goal of Staff to have a new Zoning By-law in place for the subject area in
advance of the hearing date.
13. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD-063-16 Page 11
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Staff Contact: Mitch Morawetz, Planner, 905-623-3379 ext. 2411 or mmorawetz@clarington.net
Attachments:
Attachment 1 – Draft By-law
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
CS/MM/tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0019 Glenview Area\Staff Report\PSD-063-16 Glenview Staff Report.docx
Municipality of Clarington Attachment 1 to
Report PSD-063-16
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 2016-0019;
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
12.4.32 as follows:
“12.4.32 Urban Residential Exception (R1-32) Zone
Notwithstanding the provisions of Section 12.1 and 12.2, those lands zoned R1-32
on the Schedules to this By-law shall only be used for a single detached dwelling
and 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. In addition, lands zoned R1-32 on the Schedules to this By-law shall also
be subject to the following zone regulations:
a. Lot Area (minimum) 560 square metres
b. Lot Frontage (minimum)
i) Interior 16 metres
ii) Exterior 20 metres
c. Yard Requirements (minimum)
i) Front Yard 8 metres to private garage;
8 metres to dwelling
ii) Interior Side Yard
With attached private garage
or carport 1.5 metres;
Without attached garage 1.5
metres on one side and 4.5
metres on the other
iii) Exterior Side Yard 8 metres
iv) Rear Yard 8 metres
d. Lot Coverage (maximum)
i) Dwelling 30 percent
ii) Total of all buildings and structures 40 percent
e. Dwelling Unit Area (minimum) 100 square metres
f. Landscaped Open Space (minimum) 40 percent
g. Building Height (maximum) 8 metres
h. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metres
i. Garage Requirements
i) Garage doors shall not be located any closer to the street line than the
front wall or exterior side wall of the dwelling.
ii) Outside width of garage (maximum) 6.5 metres”
2. Section 12.4 “Special Exceptions – Urban Residential Type One (R1) Zone” is
hereby amended by adding thereto, the following new Special Exception Zone
12.4.33:
“12.4.33 Urban Residential Exception (R1-33) Zone
Notwithstanding the provisions of Section 12.1 and 12.2, those lands zoned R1-33
on the Schedules to this By-law shall only be used for a semi-detached dwelling
and 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. In addition, lands zoned R1-33 on the Schedules to this By-law shall also
be subject to the following zone regulations:
a. Lot Area (minimum) 720 square metres
b. Lot Frontage (minimum) 18 metres
c. Lot Coverage (maximum)
i) Dwelling 30 percent
ii) Total of all buildings and structures 40 percent
d. Rear Yard (minimum) 12 metres
e. Dwelling Unit Area (minimum) 100 square metres
f. Landscaped Open Space (minimum) 30 percent
g. Building Height (maximum) 8 metres
h. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metres
i. Garage Requirements
i) All garage doors shall not be located any closer to the street line than the
front wall or exterior side wall of the dwelling.
j. Single detached dwellings existing as of June 13, 2016, can be altered or
enlarged subject to the provisions of Section 12.2.”
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 (R1-32) Zone";
“Urban Residential Type One (R1) Zone” to “Urban Residential Type One
Exception (R1-33) Zone”; and
"Urban Residential Type One (R1) Zone" to "Urban Residential Type One
Exception (R1-44) 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 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2016
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk