The purpose of the application is for a Zoning By-law Amendment applying to the entirety of Legal Plan 3M-254, known as Crimson Oak Subdivision. It is proposed that in addition to the existing zoning, the By-law be further amended to include: i) legally recognize the constructed driveways and allow them to be replaced at the existing width ii) That notwithstanding Section 5.1.5. a maximum driveway width for a single/ semi detached dwelling be 10 m at street line for all lots save and except Lots 42 & 20, where the driveway width be permitted a width of 9 meters iii) That Section 5.1.5 "Street setback for parking area" not apply.
If approved, the application would facilitate increased driveway widths, and increased parking on the subject lands.
The Planner explained the report and recommendation. Any comments received from Agencies and the Public received by the time of writing the report are in the written report.
Presentations from the Applicant
Dana Kieffer, Senior Development Planner for Cobide Engineering Inc. presented on behalf of the applicant.
Kieffer discussed the difference between a six meters requirement at the street line versus the property line. The Township's current Zoning By-law provides for the size of driveways at the street line and 3 meters onto private property. Kieffer noted that this amendment is to assist in getting vehicles into the three car garage which has been built on each property.
Kieffer noted that the lots size is very big compared to other Township lot sizes, with most properties having 25-26 meters of frontage at the road. The nitrate and drainage reports have been updated based on the proposed new sizes of driveways.
Presentations from the Public
None noted.
Questions and Clarifications from Council
Council inquired about whether the applicant was the owner of all properties and about the third party ownership implications of the application. The County clarified that the Planning Act does not require signoff from all properties in such cases, similar to when the Township amends zoning township wide. Notice was provided to property owners as provided for in the Act, including physical notices posted within the proposed area to be rezoned. Consent is assumed from notice, with property owners provided opportunity to comment at or in advance of the meeting.
The planner noted that there is a restrictive covenant on the property which requires the driveways to be constructed.
Council inquired about the storm-water drainage capacity noted in the report. The applicants planner noted that the assessment indicates that the majority is at or below 80% capacity, all properties are under 100% capacity.
Council inquired about the U shaped driveway on Lot 44 and noted it appeared to cover much of the front property. Confirmation was provided that passing of the proposed by-law would recognize that driveway as built and allow it to remain as is.