HomeMy WebLinkAboutPSD-055-10Clairin~gton
Leading the Way
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 3, 2010 Resolution #: G ~~ - a ~ 9' ~~ By-law #: ao/U-bsc?
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Report #: PSD-055-10 File #'s: COPA 2010-0001 and
ZBA 2010-0005
Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW TO PERMIT AN APARTMENT-IN-HOUSE WITHIN A
SINGLE DETACHED DWELLING
APPLICANT: NORM AND JO-ANNE LANSING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-055-10 be received;
2. THAT provided there are no significant objections raised at the public meeting:
a) THAT Official Plan Amendment No.73 as contained in Attachment 2 of Report PSD-
055-10 be adopted and that the necessary By-law be passed;
b) THAT the application for a Zoning By-law Amendment submitted by Norm and Jo-
Anne Lansing as contained in Attachment 3 of Report PSD-055-10 be approved;
THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-055-10 and Council's decision; and
4. THAT all interested parties listed in Report PSD-055-10 and any delegations be advised
of Council's decision.
Submitted by: ~ ~~~
a e La gm , FCSLA, MCIP
Acting Director, Planning Services
MH/CP/df
Reviewed by:
Franklin Wu
Chief Administrative Officer
22 April 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-055-10 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Norm and Jo-Anne Lansing
1.2 Proposal: To amend the Clarington Official Plan and Zoning By-law to permit
an apartment-in-house within a single detached dwelling in the
Prime Agricultural Area designation.
1.3 Area: 0.37 ha
1.4 Location: 2898 Concession Road 3, Part Lot 6, Concession 3, Former
Township of Darlington
(see Attachment 1 property location map)
2.0 BACKGROUND
2.1 In late 2009, the owners of 2898 Concession Road 3 approached the Planning Services
Department with intentions to construct an addition to their home in order to provide a
separate living space (apartment-in-house) for their elderly mother. This would provide
an opportunity for their mother to live independently while allowing family members to
aid their mother with day-to-day tasks whenever necessary. They were not, however,
aware that the current Official Plan policies and Zoning By-law provisions did not allow
for apartment-in-house units in rural areas of Clarington.
2.2 At apre-consultation meeting held on February 5, 2010, alternative options were
discussed with the owners, including the possibility of erecting a temporary portable
garden suite unit on the subject property which is permitted within the Official Plan
policies. The owners stated that the cost to purchase a garden suite unit and to remove
the unit after a short period of time was far too costly and would not function well for
their mother. Similarly, the option of constructing additional floor area for a bedroom,
living room and bath room did not meet their needs. It was determined that an
apartment-in-house unit will allow the family to enter the unit when needed and would
be more accessible for their mother, who is wheelchair bound. Both the principle
dwelling and the apartment-in-house are to be located at ground floor level, providing a
free flowing connection between both units.
2.3 On February 23, 2010, applications for an Official Plan amendment and Zoning By-law
amendment were submitted by Norm and Jo-Anne Lansing, owners of 2898
Concession Road 3. The proposed amendments will allow an apartment-in-house within
a single detached dwelling in a rural area of Clarington. In addition, a separate private
septic system is proposed to provide services to the apartment-in-house unit without
affecting the existing private septic system for the principle dwelling unit.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is located just east of the urban limits of Bowmanville; on the north
side of Concession Road 3 and east of Lambs Road. The subject property is within a
REPORT NO.: PSD-055-10
PAGE 3
small cluster of five (5) rural lots, all located on the north side of Concession Road 3 and
all ranging in size from 0.2 hectares to 1 hectare. The subject property is approximately
0.4 ha in size and has a lot frontage of 70 metres. All other surrounding properties
appear to be large, actively farmed agricultural properties ranging in size from 57
hectares to 14 hectares. Existing structures on the subject property include a single
detached dwelling with an attached garage and an attached rear yard deck, an in-
ground swimming pool and a pool shed.
3.2 The surrounding uses are as follows:
North - Agricultural
South - Agricultural
East - Rural Residential
West - Rural Residential
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement (PPS1
The PPS states that Prime Agricultural areas shall be protected for long-term use for
agriculture. The PPS does not prohibit the expansion of existing non-agricultural uses,
provided that any impacts from the expansion of the use onto surrounding agricultural
lands are mitigated to any extent feasible. The proposed expansion of an existing non-
agricultural use (apartment-in-house) will not result in the removal of agricultural lands
from Prime Agricultural areas and shall have no negative impact on surrounding
agricultural operations; therefore the application is consistent with the PPS.
REPORT NO.: PSD-055-10
4.2 Provincial Growth Plan
PAGE 4
The Provincial Growth Plan also acknowledges renewable and non-renewable
resources, such as prime agricultural land, as a valuable asset which must be wisely
protected. and managed as part of planning for future growth. The subject lands are
designated "Prime Agricultural Area" in both the Regional and Clarington Official Plans,
however, the proposed apartment-in-house will not result in the removal of any
agricultural lands from Prime Agricultural areas and therefore will not have a detrimental
impact on those lands.
4.3 Greenbelt Plan
The subject lands are not located within the Protected Countryside Area of the
Provincial Greenbelt, and therefore the policies of the Greenbelt Plan, 2005 do not
apply.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The subject lands are designated "Prime Agricultural Area° within the Durham Region
Official Plan. In Prime Agricultural Areas, a full range of agricultural, agricultural-related
and secondary uses are permitted. However, the Regional Official Plan also permits the
continuation, expansion or enlargement of a use which does not conform to the
designation and provisions of the Plan. The proposal to permit an apartment-in-house
within a single detached dwelling is considered an expansion of the existing residential
use.
5.2 Clarington Official Plan
Within the Clarington Official Plan, the subject property is designated "Prime Agricultural
Area". Prime Agricultural Areas shall only be used for farm and farm-related uses.
However, the existing use of land (rural residential) was lawfully in existence prior to the
passage of the relevant Zoning By-law and continues to be used for such purposes.
Therefore within the Official Plan policies, the existing rural residential use of the
property is legal non-conforming.
The Clarington Official Plan permits the establishment of one (1) apartment-in-house
within a single detached orsemi-detached dwelling within urban residential areas of
Clarington subject to the following:
a) one parking space per apartment;
b) structural suitability of building to accommodate alterations for an additional units;
and
c) compliance with building and fire regulations and other municipal regulations,
including registration.
REPORT NO.: PSD-055-10
PAGE 5
The Clarington Official Plan does not permit apartment-in-house units within rural areas,
and therefore this application proposes to amend the Official Plan by adding an
exception policy to allow for an apartment-in-house within a single detached dwelling on
the subject property, at 2898 Concession Road 3, Darlington.
6.0 ZONING BY-LAW
6.1 Within Zoning By-law 84-63 the subject property is zoned "Agricultural Exception (A-1)".
A single detached dwelling is a permitted use within the "A-1"zone. Section 3.2 of the
Zoning By-law permits an apartment-in-house within any single detached or semi-
detached dwelling in an "R1", "R2° or "R3" zone provided that a number of conditions
are met, including: adequate parking, minimum size of unit, separate private entrance
and separate bathroom and kitchen facilities. As the subject property is not located
within an "R1 ", "R2" or "R3", this application proposes to amend the Zoning By-law by
adding an exception zone to permit, in addition to other permitted uses in an "A-1"zone,
an apartment-in-house within a single detached dwelling on the subject property.
If approved, the proposed apartment-in-house shall meet all other requirements of the
Zoning By-law for apartment-in-houses, and will need to be registered with the
Municipality of Clarington as a legal apartment-in-house.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting sign was installed on the subject lands. No inquiries on the
application were received at the time of writing this report.
8.0 AGENCY COMMENTS
8.1 The applications for Official Plan amendment and Zoning By-law amendment were
circulated to a number of agencies for comment. The Clarington Engineering Services,
Clarington Emergency Services and Hydro One Network Inc. had no objections to the
proposed amendments.
8.2 The Clarington Building Division had no objections to the proposal, provided that a
Building Permit be submitted. Development Charges may apply.
8.3 The Durham Region Health Department has no objection to a one bedroom apartment
being added to the residence located at 2898 Concession Road 3, Darlington, on
condition that the applicant applies for a Building Permit for a Sewage System.
8.4 The Durham Region Planning Department has indicated that the proposed applications
are consistent with all applicable provincial policies, and are in conformity with the
Durham Regional Official Plan in accordance with policy 14.5.1.
REPORT NO.: PSD-055-10
PAGE 6
The Official Plan amendment and Zoning By-law amendment do not have significant
Regional or Provincial concerns and in accordance with Regional By-law 11-2000 the
Official Plan amendment application is exempt from Regional Approval.
9.0 STAFF COMMENTS
9.1 The general intent of the Official Plan and Zoning By-law is to limit the establishment of
apartment-in-houses to urban residential areas only, where full municipal services and
public infrastructure already exists. The applicant/owners have demonstrated to the
Regional Health Department that there is sufficient area on the subject property to
install a second septic system for a one (1) bedroom apartment on site without having
negative effect on the existing septic system on site, or any septic systems which exist
on surrounding properties.
9.2 The applicant has demonstrated to staff that the proposed addition to the existing
dwelling, and establishment of an apartment-in-house, will meet all other Zoning
requirements with regards to minimum required setbacks, lot coverage, parking spaces,
minimum floor area of proposed unit and a private entrance to the unit.
9.3 The applicant/owners will be responsible for submitting the appropriate building permit
applications, fees and development charges to the satisfaction of the Building Division
and Regional Health Department. In addition, the applicant/owners will be responsible
for submitting an application-for registration of an apartment-in-house to the Planning
Services Department to ensure that all Building Code requirements and Zoning By-law
requirements have been met prior to becoming a registered, legal apartment-in-house
within Clarington.
9.4 The proposed applications are consistent with all Provincial and Regional Policy, and
should have no negative impact on surrounding agricultural operations, neighbouring
properties or traffic. Although an apartment-in-house is generally an urban type use, the
proposed application includes provisions for adequate private servicing to accommodate
the use without having negative impact on neighbouring septic systems. In addition,
based on the requirements within the Zoning By-law, the construction of the apartment-
in-house shall be built as an extension of the existing dwelling and maintain the character
of a single detached dwelling. The applicant will be responsible for submitting a building
design to meet this criteria
9.5 Taxes for the subject property are paid in full.
10.0 CONCLUSION
10.1 In consideration of the comments contained in the report, staff recommends that the
application for Official Plan Amendment and Zoning By-law Amendment as contained in
Attachments 2 and 3 respectively, be approved.
Staff Contact: Meaghan
REPORT NO.: PSD-055-10
PAGE 7
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Proposed Official Plan Amendment
Attachment 3 - Proposed Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Norm and Jo-Anne Lansing
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Attachment 1
To Report PSD-055-10
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Attachment 2
To Report PSD-055-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to adopt Amendment No. 73 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan by adding a new policy to Section
23.14.11 to permit an apartment-in-house within a single detached dwelling in the Prime
Agricultural Area designation;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 73 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted; and
2. This By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
AMENDMENT NO. 73
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Municipality of Clarington Official Plan to
permit an apartment-in-house within a single detached
dwelling on the subject property, municipally known as 2898
Concession Road 3, Darlington.
BASIS: The amendment is based on an application submitted by
Norm and Jo-Anne Lansing to permit the establishment of an
apartment-in-house within a single detached dwelling within
a Prime Agricultural Area designation.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended by adding a
new policy to Section 23.14 as follows:
"23.14.11 Notwithstanding Section 6.3.7 an apartment-in-
house shall be permitted within a single detached dwelling
on those lands identified by Assessment Roll Number 1817-
010-13850 located in Part Lot 6, Concession 3, Former
Township of Darlington having a municipal address of 2898
Concession Road 3, Darlington, subject to the following:
a) One parking space per apartment;
b) Structural suitability of building to accommodate
alterations for an additional unit;
c) Compliance with building and fire regulations and
other municipal regulations, including registration; and
d) Meet the requirements of the Durham Region Health
Department with respect to servicing.
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington
Official Plan, as amended, regarding the implementation of
the Plan shall apply to this amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington
Official Plan, as amended, regarding the interpretation of the
Plan shall apply to this amendment.
Attachment 3
To Report PSD-055-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
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 ZBA 2010-0005;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Section 6.4 "SPECIAL EXCEPTIONS -AGRICULTURAL (A) ZONE" is hereby
amended by adding a new "Agricultural Exception (A-85) Zone' as follows:
"6.4.84 AGRICULTURAL EXCEPTION (A-85) ZONE
Notwithstanding Sections 6.1 and 3.2 a., those lands zone "A-85"
on the schedules to this By-law, may in addition to other uses
permitted in the Agricultural (A) Zone, be used for an apartment-in-
house and shall be subject to the following zone regulations:
a. Regulations for Apartment-in-house
i) Floor Area (minimum) 40 mz
ii) Number of bedrooms (maximum) 1
iii) Number of parking spaces (minimum) 1
2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural Exception (A-1) Zone" to
"Agricultural Exception (A-85) 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 on the date of the passing hereof, subject to
the provisions of Sections 24 (2) and 34 of the Planning Act.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010- ,
passed this day of , 2010 A.D.
Concession Road 3
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® Zoning Change From "A-1"7o "A-85"
Jim Abernethy, Mayor Pani L. Barre, Municipal Clerk
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SCHEDULE IO