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Report
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Report To: Planning and Development Committee
Date of Meeting: December 5, 2016
Report Number: PSD-072-16
File Number: ZBA 2016-0019
Resolution Number:
By-law Number:
Report Subject: Recommendation Report for the Municipally-Initiated Zoning By-law
Amendment for properties in a portion of the Glenview
Neighbourhood in Courtice
Recommendations:
1.That Report PSD-072-16 be received;
2.That the Zoning By-law Amendment be approved as contained in Attachment 1 to Report
PSD-072-16;
3.That a By-Law to repeal Interim Control By-Law 2016-056 be forwarded to Council for
adoption once the Zoning By-Law as contained in Attachment 1 to Report PSD-072-16 is
in full force and effect;
4.That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-072-16
and Council’s decision; and
5.That all interested parties listed in Report PSD-072-16 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-072-16 Page 2
Report Overview
The Public Meeting for the proposed Zoning By-law amendment for a portion of the Glenview
neighbourhood was held November 14, 2016. A number of individuals spoke at the meeting,
following which Committee directed staff to consider the public submissions received and
directed that the recommendation report be brought forward at the December 5, 2016 Planning
and Development Committee meeting.
1. Background
At the direction of Council, staff prepared a draft Zoning By-law for the portion of the
Glenview Neighbourhood. The draft by-law was considered at the Public Meeting on
November 14, 2016 where staff and Committee heard 13 oral submissions from residents
and property owners. Committee directed staff to consider the submissions received and
to prepare a recommendation report for the December 5, 2016 Planning and Development
Committee meeting.
2. Public Submissions
2.1 The submissions received at the Public Meeting can be summarized as follows:
Reduced lot coverage will lead to more two storey homes;
Proposed zoning changes will reduce property values;
Exemptions wanted for some lots;
Zoning change for the area is overdue;
Conscious decision to live in the area for the existing character;
8 metre height may still be too tall;
Expedite this process so everyone can move on;
Residents’ concerns have finally been heard after years of trying;
Some Bungaloft designs are not in character with the area;
Change is about protecting character – not money;
There should be no special exemptions – defeats purpose;
Official Plan is supportive of changes to protect character;
Changes represent good compromise for all concerned; and
New homes must be made to fit the new regulations.
2.2 Overall, stakeholders have generally supported the proposed changes in the by-law. It
was acknowledged by several individuals at the public meeting that while the proposed
by-law is not exactly as they would write it for themselves, they are satisfied that it is a
step in the direction of protecting the neighbourhood character that is important to them.
To maintain the integrity and purpose of the recommended by-law, they do not want to
see special exceptions made for certain lots.
Municipality of Clarington
Report PSD-072-16 Page 3
2.3 Staff have reviewed the recommended maximum dwelling height of 8 metres based on
comments received. Concerns were expressed that it was either too tall or not tall
enough. Upon further reviewing the calculations made previously, Staff have concluded
that the recommended 8 metre maximum height is a fair compromise between those who
may want to build a moderate two storey home and those who are concerned over the
possibility of a new house being constructed next to them that would tower over the other
homes in the area.
2.4 Holland Homes, who is the owner of a number of recently created lots in the area,
expressed concerns that the proposed By-law is too restrictive for them to build what they
had intended on two of their lots in the subject area. Staff have met with representatives
from Holland Homes since the Public Meeting to discuss their concerns. On their lot
located at 44 Westmore Street, it was determined that they could construct a two storey
home that they would typically build on a smaller lot, provided they reduce the roof pitch.
This solution would fit the recommended changes to the By-law without the need for a
special exemption and adequately satisfied their concerns with that lot.
2.5 On Holland Homes lot at 4 Lynwood Avenue, the proposed increases in the minimum
required yard setbacks made for a building envelope that would only permit a lot
coverage of 26.25% for the dwelling when the proposed maximum lot coverage is 30%.
To help rectify this issue, staff are proposing a stepped setback for the exterior side yard
as shown in Figure 1. This has the effect of increasing the size of the corner lot building
envelope towards the 30% maximum while maintaining the intent of the increased exterior
side yard setback where the corner lot dwelling gets closer to the existing neighbouring
property. Figure 2 shows the view from the intersection of Lynwood Avenue and
Westmore Street where the house to the rear at 8 Lynwood Avenue is clearly visible.
Figure 1: Corner lot stepped exterior side yard setback
Municipality of Clarington
Report PSD-072-16 Page 4
Figure 2: Possible view from intersection of Lynwood Avenue and Westmore Street
3. Recommended Zoning By-Law Changes
3.1 The four key principles established during the public process have guided the
recommended zoning changes:
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;
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.
3.2 The recommended By-law is more restrictive than the current R1 zone in terms of
permitted housing types and regulations. It restricts permitted uses to the housing
characteristics of each part of the study area. For most of the area, only single detached
dwellings would be permitted. For five large lots on Nash Road, only semi-detached
dwellings would be permitted.
3.3 The proposed R1-32 zone proposes to reduce the maximum dwelling lot coverage from
40% in the current R1 zone provisions to 30%, while increasing setback requirements for
all yards (see Figure 3). Staff believe that these provisions provide a reasonable building
envelope on lots that have been created but are not yet built upon, as well as potential
future lots, while trying to better match the character of the existing area. In addition the
maximum height of a dwelling is being reduced from 10.5 metres to 8 metres. While this
will still permit a two-storey house to be built, the roof pitch would have to be reduced
from that typically built in subdivisions today in order to comply with the new maximum
height (see Figure 4).
Municipality of Clarington
Report PSD-072-16 Page 5
Figure 3: Zone Regulation Comparison (interior lot)
Municipality of Clarington
Report PSD-072-16 Page 6
Figure 4: Dwelling Height Comparison
3.4 The regulations that affect the building envelope footprint on corner lots in the R1-32
zone have been adjusted since the Public Meeting to address technical concerns
expressed by Holland Homes while still balancing character issues identified by other
residents of the area.
3.5 All of the recommended 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 through the
public process have been considered in writing the recommended Zoning By-law.
3.6 The issue of an increased lot coverage for singles verse two storey dwellings was raised
at the public meeting and reviewed in more detail. It was determined that the majority of
future severances would create lots that are larger than the zone minimums. As lot
coverage is a percentage of the lot area, the larger the lot, the larger the dwelling. The
168 m2 foot print for a bunglow still provides a 1808 square foot building envelope which
is not out of character for this area. This was also reviewed with Holland Homes’
representatives who are satisfied with the provision.
4. Agency Comments
Region of Durham Planning and Economic Development Department has advised they
have no concerns with the proposed amendment.
Municipality of Clarington
Report PSD-072-16 Page 7
5. Departmental Comments
The Engineering Services Department has reviewed the 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.
6.Concurrence
Not applicable.
7.Conclusion
In consideration of the public submissions received and the analysis completed by Staff,
it is respectfully recommended that the attached Zoning By-law be passed.
8. Strategic Plan Application
Not applicable.
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 – Zoning By-law
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
CP/MM/df;tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0019 Glenview Area\Staff Report\PSD-072-16.docx
Municipality of Clarington Attachment 1 to
Report PSD-072-16
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; and
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
and shall 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 6 metres to exterior side wall
of dwelling to a maximum of
50% of the dwelling depth
measured from the front
wall, 8 metres to the
remainder of the exterior
side wall
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
and shall 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. Building Height (maximum) 8 metres
g. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metres
h. Garage Requirements
i) All garage doors shall not be located any closer to the street line than the
front wall of the dwelling.
i. 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