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Home My WebLink AboutPSD-036-12 Anil 0 REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: p -i By-law#: Report#: PSD-036-12 File#: ZBA 2012-0011 Subject: APPLICATION FOR A ZONING BY-LAW AMENDMENT APPLICANT: GARRY MURPHY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-036-12 be received; 2. THAT the application for Zoning By-law Amendment (ZBA 2012-0011) submitted by Garry Murphy, for legalizing an existing 8 unit rental apartment building continue to be processed including the preparation of a subsequent report; and 3. THAT all interested parties listed in Report PSD-036-12 and any delegations be advised of Council's decision. Submitted by: Z5,a� � Reviewed by D vid . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer BR/CP/mj/df 22 August 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-036-12 Page 2 1. APPLICATION DETAILS 1.1 Owner/Applicant: Garry Murphy 1.2 Proposal: Legalizing an existing 8 unit rental apartment building and existing accessory structures 1.3 Area: Property of 1.625 hectares (4.015 acres) 1.4 Location: 2906 Highway 2, north side, east of Lambs Road and west of Bennett Road 2. BACKGROUND 2.1 On July 4, 2012, Garry Murphy submitted applications for zoning by-law amendment and site plan approval to legalize an existing 8 unit rental apartment building with existing accessory structures. Minor exterior alterations such as external fire escape stairs are proposed to comply with the Ontario Fire and Building Codes. 2.2 The lands and existing use have a long history. The oldest portion of the building dates to 1910. Not only a residence, it became a police station and remained so until 1968. From 1968 to 1980 it was operated as a nursing home. In 1980 it was transformed into the current use, an 8 unit rental apartment building. No zoning or building permit approvals were given for the current use. 2.3 A Preconsultation Meeting was held on August 3, 2011 with the attendance of two D.G. Biddle staff consultant for the applicant, two staff from Ministry of the Environment (MOE) addressing the private water supply; a Regional Health staff member addressing the private sewage system; an environmental planner from CLOCA addressing the Soper Creek tributary at the property's northwest corner; and from Clarington: the Chief Building Official; the Fire Prevention Officer; one staff from Engineering and Planning each. 2.4 Subsequent to the Preconsultation, the owner began to address the urgent matters of potable water supply and fire safety. Currently, the owner reports having fulfilled nearly all requirements of the MOE regarding water supply. Emergency and Fire Services has required fire safety work to be done on the property and this work has commenced. REPORT NO.: PSD-036-12 PAGE 3 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The lands have an existing three storey, 8 unit apartment building, a multi-bay carport, a barn, a parking area, and a swimming pool with cabana, all of which occupy the front or south half of the property. The rear or north half is a field and valleyland for a tributary of Soper Creek. a y . tia _. io fiiV I �li� FIGURE 1 (2906 Highway 2, Bowmanville - Front View Looking from the Southeast) 3.2 The surrounding uses are as follows: North - Open Space — Soper Creek Tributary Valley South - Highway 2 and beyond, Agricultural East - Low Density Residential West - Low Density Residential REPORT NO.: PSD-036-12 PAGE 4 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The residential building provides much needed affordable housing in the form of rental apartment residences within the Bowmanville Urban Area. It is in the Future Urban Residential Area but, it is a long existing building and the rezoning is for its legalization not expansion. It does not require municipal servicing or any other service beyond what exists. 4.2 Provincial Growth Plan The lands are within the Built Boundary of the Bowmanville Urban Area and within the Highway 2 Intensification Corridor. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the lands Living Area and as being in the Highway 2 Regional Corridor. Highway 2 is a Type B Arterial and a Regional Transit Spine. The lands are in a High Aquifer Vulnerability Area. 5.2 Clarington Official Plan The land is designated Future Urban Residential Area in the Clarington Official Plan. This normally permits only Agriculture and precludes most other privately-initiated Planning Act applications. However, the Official Plan policies allow Council to consider other interim uses provided such uses: • are not capital intensive; • do not require municipal services; • do not adversely impact any natural heritage features shown on Map C; and • do not jeopardize the orderly future development of the lands for urban uses. A small portion of the lands, the northwest corner, are designated Environmental Protection with a Significant Valleylands feature associated with a tributary of Soper Creek. Development is not usually permitted in this designation but, this rezoning application is only for existing uses all of which are approximately 35 metres away from the Environmental Protection Area. All of the lands are within the Built Boundary as noted in Section 4.2 of Report PSD- 036-12. REPORT NO.: PSD-036-12 PAGE 5 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 generally zones the subject lands Agricultural Exception (A-1) with the northwest corner being Environmental Protection (EP). 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice has been given by mail to each landowner within 120 metres of the subject lands and a public meeting sign has been installed on the frontage on (north side of) Durham Highway 2. No inquiries on the subject application were received at the time this report was written. 8. AGENCY COMMENTS 8.1 Central Lake Ontario Conservation Authority has no objection to the rezoning to recognize the existing uses but, since the entire property is within the Authority's regulated area due to a watercourse, wetland, hazard lands and the related setbacks found on or adjacent the property, a permit is required prior to any development activity. 8.2 Public School Board has no objections. 8.3 Durham Region noted the proposed rezoning is permitted in the Regional Official Plan. The Region requires that their site screening questionnaire be completed by a qualified person and the Owner. Durham Highway 2 is a Type 'B' Arterial Road and on the property frontage a road widening of approximately 2.5 metres will be required as a dedication. The existing fence is within the above required road widening and therefore, an encroachment permit is required. Regional Health cannot support the application until a geo-technical report is submitted which shows the existing septic system is capable of serving the rental apartments as per the Building Code. 9. DEPARTMENTAL COMMENTS 9.1 Engineering Services has no objection to the proposal provided no existing drainage patterns are altered or adversely affected and impervious area does not increase. 9.2 Building Division had no concerns and Emergency and Fire Services have issued an Order to Comply with the Ontario Fire Code. They have no concerns with rezoning provided the Owner continues working to correct deficiencies. 10. DISCUSSION COMMENTS 10.1 A number of comments have not been received at this time. The applicant will have to satisfy the following agencies and departments involved in this legalization effort prior to a favourable recommendation report being drafted for Committee and Council's consideration: REPORT NO.: PSD-036-12 PAGE 6 • Ministry of the Environment - Ajax Office (well water supply); • Regional Health Department (septic system); • Emergency & Fire Services (fire safety); • Engineering Services - Building Division (building safety); • Central Lake Ontario Conservation Authority (Soper Creek Tributary); and • Regional Works Department (access). As noted previously, the applicant has been working to address some of the Health and Safety issues concurrent with the application for rezoning. 10.2 Planning Services is working with the applicant to confirm the dwelling unit areas in order to fully assess compliance with Zoning By-law 84-63, as amended. 10.3 Rental apartments are needed in Clarington for affordable housing and these are already part of the supply. Legal recognition of what has existed since 1980 should not negatively affect the existing neighbourhood or the future neighbourhood. Given that access is provided by Highway 2 — a Regional Corridor, it is an apartment building that is in an accessible location. To date, Planning Services has no record of a complaint about this use. 11. CONCURRENCE - Not Applicable 12. CONCLUSION 12.1 The purpose of this report is to give the status of the application for the public meeting, and identify issues and comments received to date. It is appropriate to have the application continue being processed by staff. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Bob Russell Attachments: Attachment 1 - Key Map and Site Map List of interested parties to be advised of Council's decision: Garry Murphy Attachment 1 To Report PSD-036-12 a =� C M m E o M_ ® � M � L ® M M p g N mm 4: J N = 3 O O FT a N 0 L a m a `'� �temenuQ•� r r r o` oo am' IL CN •r'�:t •'i.' 'w:O: CL �L r r 2 :•:ii� V �.•"ti 'c: N• N' c^ Q c :d "E.., w, ;c•c: ;o. o, L