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Home My WebLink AboutPSD-004-12 1 n Leading the Way PLANNING REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 9, 2012 Resolution#: °/ By-law#: — Report#: PSD-004-12 File#: ZBA 2011-0029 Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT AN EXISTING NOW CONFORMING ACCESSORY BUILDING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-004-12 be received; 2. THAT the rezoning application submitted by Borden Ladner Gervais LLP, on behalf of Bruce and Karen Ellis, be approved and that the proposed Zoning By-law contained in Attachment 2 to this Report be passed and that no further public meeting be deemed necessary; and 3. THAT the Regional Municipality of Durham Planning Department, all interested parties and any delegations listed in Report PSD-004-12 be advised of Council's decision. c� Submitted by: Reviewed by: (...... D v J. r e, MCIP21i"ces P Franklin Wu, irector of anning S Chief Administrative Officer MM/CP/df 3 January 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-004-12 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: May Luong, MCIP, RPP, Borden Ladner Gervais LLP 1.2 Owner: Bruce and Karen Ellis 1.3 Proposal: To permit an existing non-conforming accessory building 1.4 Area: 4.3 Hectares 1.5 Location: 7486 Thompson Road, Clarke 2. BACKGROUND 2.1 On September 21, 2011, May Luong on behalf of Bruce and Karen Ellis submitted an application for rezoning of the lands known as 7486 Thompson Road in Clarke. The purpose of the application is to permit an existing non-conforming accessory building (detached garage) in addition to all uses and structures already permitted on the property. The statutory public meeting was held on November 28, 2011. Council directed that the application continue to be processed and that a further recommendation report be prepared. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property, located on the west side of Thompson Road and north of Ganaraska Road, is 4.3 hectares in size and contains a single detached dwelling and two accessory buildings, one of which is the subject of this application. The property has numerous trees in the front yard and is surrounded by other rural residential and agricultural properties. 3.2 The surrounding uses are as follows: North - Residential South - Residential East -Agricultural West - Residential 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) states that land must be carefully managed to promote efficient land use and development patterns which support strong, liveable and healthy communities, protect the environment and facilitate economic growth. This proposal is located on an existing rural residential lot and no new servicing is required. The proposal is consistent with the PPS. REPORT NO.: PSD-004-12 PAGE 3 4.2 Greenbelt Plan The property is located in the Greenbelt Protected Countryside Area. The existing non-conforming detached garage is not located on a portion of the property that is within a key natural heritage or hydrological feature. The proposal is consistent with the Greenbelt Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property Prime Agricultural Area and Major Open Space Area. The proposed Zoning By-law Amendment application does not propose a change from the existing residential use of the property. The garage is an accessory structure to the main residential use and therefore the proposal conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject property "General Agricultural Area" and "Environmental Protection Area". The subject detached garage is located in the "General Agricultural Area" designation. The existing residential use of the property is permitted, as are accessory structures. This proposal conforms with the Clarington Official Plan, 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Environmental Protection (EP)". The subject detached garage is located in the Agricultural Zone portion of the property. Accessory buildings are permitted in the "A" Zone provided that they comply with the General Provisions of the Zoning By-law. These General Provisions allow a total floor area for all accessory building on this property of not more than 120 m2. In addition any permitted accessory building on this property is limited to a maximum height of 4.5 metres. Since the total accessory building floor area on the property is 230 m2 and the subject detached garage is 6 metres in height, a rezoning is required to permit the existing non-conforming detached garage. 7. SUMMARY OF BACKGROUND STUDIES 7.1 A Planning Rationale Report was submitted by Borden Ladner Gervais LLP in support of this application. This report provided an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The Applicant's consultant indicates that the proposed rezoning application is consistent with current planning policy and represents good planning. REPORT NO.: PSD-004-12 PAGE 4 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject properties and a public meeting notice was installed on the site. As of the writing of this report, one nearby resident has called in support of the application. A petition in support of the application was also received. The petition has been signed by landowners in the immediate vicinity of the subject property. 9. AGENCY COMMENTS 9.1 The Clarington Engineering Services, Building Division, has indicated that a building permit is required for the detached garage which was constructed without a permit. 9.2 The Clarington Engineering Services Department state that they have no objection to the proposed zoning change or the oversized accessory building. 9.3 The Region of Durham Planning Department indicated that the subject property is located in the "Major Open Space" and "Prime Agricultural' designation in the Durham Regional Official Plan. The structures present on the property are permitted within the policies of the Durham Region Official Plan. This application has been screened in accordance with the terms of the provincial plan review responsibilities. This application is in accordance with applicable provincial policy. 9.4 The Region of Durham Health Department has no objection to the proposal. 9.5 The Ganaraska Region Conservation Authority has no objection to the approval of the application. A permit from the Authority is required for the detached garage constructed without a building permit. 10. STAFF COMMENTS 10.1 The applicant uses the detached garage for personal storage and private amenity space. The interior of the second floor is finished however there is no plumbing. Without the plumbing, the space cannot be used as a kitchen or bathroom and therefore the space is not considered a habitable room under the Zoning By-law. 10.2 This application conforms to the Clarington Official Plan and is consistent with the Provincial Policy Statement and applicable Provincial Policy. 10.3 In addition to amending the Zoning By-law to permit the existing accessory buildings on the property, staff are recommending that a portion of the property currently zoned Agricultural (A) be rezoned to Environmental Protection (EP), rather than being included in the Agricultural Exception (A-86) zone. This portion of the property has been identified as part of the Kendal Wetland Complex and cannot be developed. The landowners have concurred with the proposed zoning and given the housekeeping REPORT NO.: PSD-004-12 PAGE 5 nature of this portion of the amendment, staff support the protection of the wetland despite this portion of the amendment not being part of the original application, nor being included in the public notice. 11. CONCURRENCE: Not Applicable 12. CONCLUSION 12.1 The application has been reviewed in consideration of comments received from the circulated agencies as well as the public, the policies of the Clarington Official Plan and the Zoning By-law regulations. In consideration of the comments contained in this report and the minor nature of the application, staff respectfully recommend that the proposed Zoning By-law Amendment contained in Attachment 2 be APPROVED. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Mitch Morawetz Attachments: Attachment 1 - Key map Attachment 2 - By-law List of interested parties to be notified of Council's decision: May Luong, Borden Ladner Gervais LLP Bruce Ellis Attachment I To Report 12 NI ik it ilk it ig IN it i Its Cu THOMPSON ROAD N OD Ll Cr Attachment 2 To Report PSD-004-12 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2012- being a Bylaw 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 2011-0029; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "Special Exceptions - Agricultural (A) Zone" is hereby amended by adding thereto, the following new Special Exception zone 6.4.86 as follows: "6.4.86 Agricultural Exception (A-86)Zone Notwithstanding the provisions of Section 3.1 d., e. those lands zoned A-86 on the Schedules to this By-law shall permit accessory structures With an aggregate maximum total floor area of 285 m2, a maximum floor area for any one building of 155 m2, and maximum permitted height of 6 metres. No accessory building shall contain habitable space". 2. Schedule "2" to By-law 84-63,- as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-86) Zone" and "Agricultural (A) Zone" to "Environmental Protection (EP)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 Section 34 of the Planning Act. BY-LAW read a first time this day of 2012 BY-LAW read a second time this day of 2012 BY-LAW read a third time and finally passed this day of 2012 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. O f= — N ® Zoning Change From"A"To"A-86" ® Zoning Change From"A"To"EP" Zoning to Remain"EP" Zoning to Remain"A" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk N 0 O Q Q p L3E: nn_ V ZBA 2011-0029 CLARKE SCHEDULE 2F