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HomeMy WebLinkAboutPSD-006-06 (!gpn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 23, 2006 Report #: PSD-006-06 File #: ZBA 2005-0056 ~006-D07 & By-law #: ~~ f)mdO/c('O b . Subject: REZONING TO CONVERT AN EXISTING WORKSHOP TO A GARDEN SUITE APPLICANT: BARRY MCCABE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-006-06 be received; 2. THAT provided there are no significant issues raised at the public meeting, the rezoning application submitted by Barry McCabe be APPROVED and that the attached temporary use Zoning By-law amendment be adopted by Council; 3. THAT a by-law approving the removal of the "Holding (H)" symbol be forwarded directly to Council once an agreement has been entered into; 4. THAT the Mayor and Clerk be authorized to enter into an agreement for the use of a garden suite on the subject property; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: J Crome, M.C.I.P., R.P.P. of Planning Services Reviewed by: () ~--=:J ~ Franklin Wu, Chief Administrative Officer BH/CP/DJC/sh/df/lw January 13, 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-006-06 Page 2 1.0 1.1 APPLICATION DETAILS Owner: Barry McCabe 1.2 Rezoning: from "Urban Residential Type One (R1)" to "Urban Residential Exception (R1-65)" to convert a portion of an existing workshop temporarily into a garden suite. 1.3 Location: 55 Centre Street, Bowmanville, being Part of Lot 11, Concession 1, former Town of Bowmanville. 2.0 BACKGROUND 2.1 On November 9, 2005, the Planning Services Department received a rezoning application to permit the conversion of an existing workshop into a garden suite. 2.2 The size of the proposed garden suite is 79 square metres. The second floor workshop and a portion of the ground floor would be converted from an existing 107 square metre garage. 2.3 The property is serviced by a municipal water and storm sewers. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Centre Street Frontage. 3.2 As of the writing of this report, no comments have been received with respect to the application. 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 A two storey single detached dwelling, detached garage, gazebo and an in-ground pool occupy the site. The subject property backs onto a three storey multi-residential complex. 4.2 Surrounding Uses: West - North - East - South - Residential Residential Residential Residential REPORT NO.: PSD-006-06 Page 3 5.0 AGENCY COMMENTS 5.1 In consideration of the nature of the application to allow the conversion of an existing workshop into a garden suite, the application was circulated to a limited number of agencies. 5.2 The Region has advised that Residential Development Charges shall be imposed on a garden suite at the rate applicable to a one-bedroom apartment prior to the issuance of a building permit. Development Charges will be refunded in full to the then current Owner, upon request, if the garden suite is demolished or removed within ten years of the issuance of the building permit. 5.3 No circulated agencies had an objection to the proposed garden suite. Clarington Building division noted that a building permit would be required. 6.0 PROVINCIAL POLICY STATEMENT 6.1 Section 3 of the Planning Act requires that decisions affecting planning matters "shall be consistent with" the Provincial Policy Statement. The Provincial Policy Statement requires planning authorities to provide an appropriate range of housing types including all forms of housing required to meet the social, health and well-being of current residents. The existing infrastructure has sufficient capacity to accommodate this infill development. 7.0 OFFICIAL PLAN CONFORMITY 7.1 The Durham Region Official Plan designates the property Living Area. This proposal can be considered infill development and will intensify the existing neighbourhood, and is therefore consistent with the intent of this plan. 7.2 The Clarington Official Plan designates the subject property Urban Residential Area. The predominant use of lands designated Urban Residential Area within each neighbourhood shall be for housing purposes. This application is consistent with the intent of this plan. 7.3 The Housing policies of the Clarington Official Plan allows in association with any single detached dwelling through a temporary use by-law for a period of 10 years. The Owner must enter into an agreement with the Municipality of Clarington regarding the occupant, the period of occupancy, the installation, maintenance and removal of the suite, and any financial conditions. REPORT NO.: PSD-006-06 Page 4 7.4 In applying for a temporary use by-law for a garden suite, the applicant must demonstrate that: a) There is a need to provide supervised accommodation or care for an elderly, sick, or disabled person; b) The site is adequate for the garden suite with regard to lot size, layout and private amenity areas; c) The proposal is compatible with adjacent uses considering such matters as privacy, noise and appearance; d) There is adequate on-site parking; and e) There is adequate water supply and sewage disposal services. These policies will be addressed in the staff comments (section 9.1) of this report. 8.0 ZONING BY-LAW CONFORMITY 8.1 The property is zoned "Urban Residential Type One (R 1)" which does not permit a second dwelling unit, hence the subject application. 9.0 STAFF COMMENTS 9.1 The garden suite would comply with the requirements of the Clarington Official Plan. It is proposed to be utilized by an elderly parent in need of supervised accommodation. The 79 square metre garden suite includes a kitchen and washroom facilities. The proposed garden suite would be setback 38 m from Centre Street and located behind the main dwelling. The structure already exists and no exterior change is proposed. The lot is 2265 square meters, more than 4 times larger than the minimum lot size for a single detached dwelling. Adequate on-site parking is provided. The garden suite would be serviced by municipal water and sewage connected to the main dwelling. Staff consider the use in the existing structure compatible. The building is in keeping with the character of the area and neighbouring accessory buildings. The garden suite proposal, although intensifying the usability of the building, is for an elderly parent in need of supervised care and is not expected to have a significant impact on the current use of the building or the property. 9.2 The applicant will dismantle the garden suite, removing the kitchen and washroom, at the expiry of the by-law, returning it to a workshop. A temporary use by-law authorizing a garden suite cannot exceed 10 years. 9.3 Prior to the issuance of a building permit, the owner must enter into an agreement with the municipality regarding the occupant, period of occupancy, installation, maintenance and removal of the garden suite. A holding provision is recommended for the by-law until such time an agreement can be negotiated, at which time the (H) would be removed. REPORT NO.: PSD-006-06 Page 5 9.4 The Finance Department advises that taxes have been paid in full. 1 0.0 RECOMMENDATIONS 10.1 Based on the comments in this report, it is respectfully recommended that the temporary rezoning application be APPROVED for period of 10 years from the day of the passing of the attached by-law. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment List of interested parties to be advised of Council's decision: Barry McCabe I- W W a:: I- en w a:: I- z W t) Attachment 1 To Report PSD-006-06 EXISTING 2 STOREY GARAGE! WORKSHOP TO BE CONVERTED TO AN IN-LAW APARTMENT EXISTING HOUSE DRIVEWAY EXISTING GAZEBO ~ ~ J ZBA2005-0056 Zoning By-law Amendment Owner: Barry McCabe Attachment 2 To Report PSD-006-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- 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 former Town of Newcastle for ZBA 2005-0056; 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 (R 1) Zone" is hereby amended by adding a new section 12.4.65 as follows: "12.4.65 URBAN RESIDENTIAL EXCEPTION (R1-65) ZONE Notwithstanding Section 12.1, those lands zoned R 1-65 on the Schedule 3 to this By- law may, in addition to the other uses permitted in the R1 Zone, be used for a Garden Suite in accordance with the following definition and zone regulations: a) Definition A Garden Suite is a self-contained temporary dwelling unit designed to provide for the care of an elderly, sick and disabled person which is located in the side or rear yard of a property containing a single detached dwelling. b) The Garden Suite shall be removed on or before January 30, 2016. 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R1-65) Zone." As illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect for a period of ten (10) years from the date of passing hereof, subject to the provisions of Sections 34 and 39.1 of the Planning Act. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2006- passed this day of , 2006 A.D. , UJ 0:: I- Z UJ () I- UJ UJ 0:: I- (f) fZZZZ) Zoning Change From "R1" To "R1-65" John Mutton, Mayor Patti L. Barrie. Municipal Clerk \1 II il )~ ~(T.EE.,; ~ Ii' w I i I . I o , BOWMANVILLE HIGH SCf l