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HomeMy WebLinkAboutPDS-031-24Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 17, 2024 Report Number: PDS-031-24 Submitted By: Reviewed By: Authored By: File Number: Report Subject: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Rob Maciver, Acting CAO Bylaw Number: 2024-032, 2024-033 Jacob Circo, Planner II, Planning & Infrastructure Services Department COPA2024-0002 and ZBA2024-0004 Resolution#: PD-049-24 Public Meeting and Recommendation Report – Municipal – Initiated Official Plan Amendments and Zoning By-law Amendments Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1.That Report PDS-031-24 and any related communication items, be received; 2.That provided there are no significant concerns with respect to the municipally initiated Official Plan and Zoning By-law Amendments during the Public Meeting, the Official Plan and Zoning By-law Amendments be adopted and the By-laws in Attachments 1-4 to Report PDS-031-24 be passed; 3.That the Deputy CAO, Planning, and Infrastructure Services be authorized to finalize the form and content of OPA 137 and 138 and the Zoning By-law Amendments resulting from Council's consideration, public participation, agency comments and technical considerations; and 4.That all interested parties listed in Report PDS-031-24 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-031-24 Report Overview The Planning and Infrastructure Services Department invites you to attend a Statutory Public Meeting to discuss proposed Housekeeping Amendments to the Municipality’s Official Plan and Zoning By-laws. The purpose of the proposed Official Plan Amendments are to: Amend the Implementation Section of the Official Plan in order to provide alternative notice policies for amendments to the Official Plan in-keeping with s. 17(19.3) of the Planning Act, and Zoning By-law Amendments in-keeping with s. 34(14.3) of the Planning Act. This will provide policies to eliminate the requirement for public notices and meetings for minor amendments. Amend policies introduced by Amendment Number 129 and to amend zoning provisions introduced by By-law 2021-082. The purpose of the proposed Zoning By-law Amendments are to: Introduce two new definitions, update an existing definition, provide a general update to Additional Dwelling Unit (ADU) zoning permissions, and provide clarification to home occupation permissions. The proposed policies of the Official Plan and standards of the Zoning By-laws will simplify process and shorten approval process times in an effort to facilitate additional housing opportunities within the Municipality. Additionally, the proposed Zoning By-laws updates have been designed to accomplish a balance between the protection of the health and safety of residents and community character with the need for a straight-forward process. 1.Background Public Participation for Delegated Functions 1.1 Bill 13, the Supporting People and Businesses Act, 2021, received royal assent December 2, 2021. The Bill made changes to the Planning Act, Municipal Act, 2001 and City of Toronto Act, 2006, that enabled Council to, by a by-law, delegate the authority to pass by-laws under section 34 of the Planning Act (Zoning By-laws) that are of a minor nature to a committee of Council, or an individual who is an officer, employee, or agent of the municipality. 1.2 In response, Council approved OPA 123 on February 27, 2023 through report PDS-008- 23 (resolution JC-12-23). This OPA is part of the toolbox for the Housing Pledge to implement 13,000 units by 2031 as required by the province. Municipality of Clarington Page 3 Report PDS-031-24 Additional Dwelling Units (ADUs): 1.3 The proposed Amendments to the Clarington Official Plan and Zoning By-law 84-63 are intended to respond to recent amendments made to the Planning Act by Bill 23, More Homes Built Faster Act, 2022 (“Bill 23”). These amendments relate primarily to the regulations permitting additional dwelling units (ADU) on lots containing detached houses, semi-detached houses and rowhouses in urban serviced areas. The Planning Act now allows ADUs on lots containing these dwelling types in urban areas on full municipal water and sanitary sewers “as-of-right” regardless of municipal zoning regulations. Accordingly, it is appropriate that the Municipality implement policies and standards to regulate such uses under the new Provincial framework in the Clarington context. 1.4 The province also introduced Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (“Bill 97”). Bill 97 introduced further amendments to the Planning Act to clarify parking provisions initially introduced under Bill 23 for ADUs in detached houses, semi- detached houses and rowhouses. The Planning Act changes contained in Bill 97 are considered among the amendments to Zoning By-law 84-63 recommended in this Report, and proposes reducing ADU parking requirements for townhouses, introduced by By-law 2021-082, to allow for the creation of more ADUs within our existing housing stock in urban residential settlement areas. 1.5 The proposed changes to ADU Official Plan policies and zoning provisions, introduced by Amendment 129 and By-law 2021-082, includes zoning issues observed by Staff over the past 2.5 years, and is a follow up to Staff Report PDS-055-21 (see Figure 1). The proposed changes not only implement Planning Act requirements for ADUs, but also introduces updates to existing ADU zoning provisions to prevent conflicts with applicable law outside of the zoning by-law that prohibit ADUs where there are safe access issues. The proposed ADU zoning provisions also provides clarification on the registration of ADUs, which is linked to the automatic registration of an ADU where a building permit grants building occupancy, and/or where ADUs constructed before 1994 requires a fire inspection to be completed to ensure compliance with the Ontario Fire Code. Municipality of Clarington Page 4 Report PDS-031-24 Figure 1 shows where there is potential for one or two ADUs because of Amendment 129 and By-law 2021-082 currently in effect within the Municipality. Adding new definition to Zoning By-law 84-63: “Soft Landscaping” 1.6 By-law 2020-055 as amended in Zoning By-law 84-63, added a definition for Soft Landscaping, which is referenced in the regulations for landscape open space to the Neighbourhood Character Overlay, which are a subset of zoning provisions found within the “Urban Residential Type One (R1)” Zone that are specific to the Bowmanville Neighbourhood Character Study Area. It was created to ensure half of a front yard will be vegetated, and not be covered with impervious surfaces and hardscaping. Soft landscaping zoning requirements exist elsewhere in some urban residential exception zones, but there is not an overall requirement for this within Zoning By-law 84-63. Rather than restrict the hardscaping as part of the landscaped open space in the front yard or exterior side yard, the proposed regulation now references soft landscaping which is a term used by other municipalities and is clearly defined. Municipality of Clarington Page 5 Report PDS-031-24 Updating Home Occupations provisions in Zoning By-law 84-63 1.7 There are many existing urban residential exception zones that have unintentionally resulted in eliminating home occupation permissions, where it was a permitted use within the parent zone, the way some exception zones are written prohibits the permission for a home occupation. The technical update to Section 3.11.c) of Zoning By-law 84-63 establishes where home occupations are permitted in urban residential and rural residential zones and distinguishes the parent zones that do not permit home occupations. Adding new definition to Zoning By-law 84-63 and Zoning By-law 2005-109: “Farm Building” 1.8 The term “farm building” is mentioned within Zoning By-law 84-63 and Zoning By-law 2005-109, however, there is no definition to distinctly define it and make it easier to contrast from an accessory building/structure. The Building Code and OMAFRA guidelines has a definition a “farm building”, and the purpose of adding a definition of “farm building” that is consistent with the Building Code and OMAFRA guidelines definition, will make it easier for the public to understand what the Municipality defines as a “farm building”. This will also make it easier for Planning Staff when responding to zoning inquiries from members of the public. 2. Proposed Amendments to Clarington’s Official Plan and Zoning By-laws Public Participation for Delegated Functions 2.1 At the time of approval of OPA 123, there was no consideration to amending the policies in relation to public participation for these processes. Therefore, at this time, staff are recommending the elimination of notice to the public and the need to hold public meetings for all delegated functions as approved through OPA 123 which include:  Temporary Use Zoning By-law Amendments; and  Housekeeping By-laws for the purposes of making clerical or other changes to assist in the interpretation of a Zoning By-law. 2.2 The Amendment will simplify the process for citizens and shorten approval process times and will also allow for certain housekeeping items to be updated quicker and more frequently to ensure the Zoning By-law is as up to date as possible (see Attachment 2). Proposed Clarington Official Plan Amendment 137 and Zoning By-law Amendment to incorporate legislative enactments brought on by Bill 23 2.3 The proposed Clarington Official Plan Amendment 137 and Zoning By-law Amendment incorporate the required Planning Act changes from Bill 23 that permit two ADUs within any legally permitted single detached, semi-detached or townhouse dwelling that is Municipality of Clarington Page 6 Report PDS-031-24 located on a “Parcel of Urban Residential Land”, that are fully connected to municipal services, that being existing urban residential lots of records within Courtice, Bowmanville and Newcastle. The alternative option to have one ADU within a principal residential building and an accessory structure will remain for existing urban residential lots of records within Courtice, Bowmanville and Newcastle (see Attachments 1 and 4). Proposed Clarington Official Plan Amendment 137 and Zoning By-law Amendment that expand permissions to partially serviced lots 2.4 The proposed Amendments recommend that two ADUs can be permitted on single detached dwelling lots that are partially serviced by Municipal servicing (i.e., water), and private servicing (i.e., septic system) subject to the obtaining the applicable permits and permissions from the Regional Municipality of Durham. This applies to lots within the urban settlement boundaries of Courtice, Bowmanville, Newcastle and Orono, and the hamlet boundary of Newtonville. There is already the potential for two ADUs on lots within the mentioned urban settlement areas and hamlet. By permitting the option to have two ADUs within the principal residential building or the existing permission for one ADU in the principal residential building and one ADU in an accessory building, allows for gentle intensification to be condensed in on an existing lot of record, and supports the creation of multi-generational homes (see Attachments 1 and 4). 2.5 The Municipality of Clarington is identified as one of the fastest growing regions by the province, and the proposed Amendments is in-line with provincial direction to increase housing supply within existing urban settlement areas, that already has existing infrastructure in place to accommodate population growth. ADUs: Proposed Clarington Official Plan Amendment 137 Areas where ADUs may or may not be permitted 2.6 The Planning Act provides direction for municipal official plans and zoning by-laws to permit as-of-right, up to three residential units on a parcel of urban residential land which are fully connected to municipal services. This could be three units in a detached, semi-detached, or rowhouse, or up to two residential units in the principal residential building and up to one residential unit in an accessory building on the lot. There are also other Provincial policies and regulations, that provide protection of natural heritage features, particularly on lands within the ORM and the Greenbelt by restricting other types of land uses such as residential uses from occurring within these areas. There are also existing Official Plan policies that must be adhered to when passing any zoning by - law amendment. Hazardous Lands 2.7 Provincial documents and direction generally prohibit new development within floodplains and other hazard lands to avoid putting people at risk. Hazards Lands” and the “Regulatory Shoreline Area” is identified on Map F of the Clarington Official Plan. Municipality of Clarington Page 7 Report PDS-031-24 The “Regulatory Shoreline Area” is the area along the Lake Ontario Waterfront which is subject to dynamic beaches, flooding and/or erosion hazards. The recommended Official Plan Amendment and Zoning By-law Amendment proposes to prohibit ADUs from being constructed in “Hazard Lands”, which include flood plains, areas subject to erosion, dynamic beach hazards, and/or where safe access to the ADUs would be rendered inaccessible to people and vehicles during times of flooding hazards (see Attachment 1). 2.8 Being more permissive in allowing ADUs is a tool the Province is using to deliver more dwelling units, faster, however, this also has to be balanced against other Provincial interests and directions. There are “Hazard Land” policies in the Clarington Official Plan that prohibit development in areas prone to hazards and ADUs would fall under the Clarington Official Plan’s definition of “development”. Hazardous Lands: Safe Access 2.9 Ensuring safe access is a fundamental aspect of Ontario's Provincial Policy Statement (PPS), a guiding document that shapes land use planning and development across the province. The PPS emphasizes the importance of facilitating safe and efficient access to land uses and development while prioritizing public safety. Safe access encompasses various aspects such as road connectivity, pedestrian infrastructure, and emergency service access. Limiting the placement of ADUs is influenced by this principle, as areas with inadequate access infrastructure or high-risk conditions, such as flood-prone zones, or where there are erosion hazards, and/or dynamic beach hazards, may be deemed unsuitable for residential development. Therefore, adherence to the PPS's directives on safe access informs decisions regarding where ADUs can be located, ensuring that development occurs in areas where there is safe access and can adequately support the needs of residents while mitigating safety risks. 2.10 Furthermore, Amendment 129 initially proposed to prohibit Accessory Dwelling Units (ADUs) in lands designated as "Environmental Protection Areas," as well as within the "Regulatory Shoreline Area" and "Hazard Lands," as outlined in the draft proposal presented to Council in November 2021. However, these proposed Official Plan policies were ultimately excluded from the final version of Amendment 129 upon its passage by Council. Planning Staff now recommend introducing a new section in the proposed Official Plan Amendment 137 to provide clarity to the public regarding areas where ADUs would not be permitted due to concerns over safe access during flooding events. This recommendation stems from inquiries received by the Planning & Infrastructure Staff regarding ADU permissions in the "Regulatory Shoreline Area." With information on safe access issues relating to flooding hazards coming from the Conservation Authority (who have the expertise on natural hazards), members of the public have been informed that they cannot have an ADU where there are safe access issues. Therefore, Staff propose the inclusion of a dedicated section in the draft Official Plan Amendment 137 to disseminate information to the public regarding the prohibition of residential uses, including ADUs, in areas prone to hazards such as compromised safe access from flooding hazards (see Attachment 1). Municipality of Clarington Page 8 Report PDS-031-24 ADUs: Proposed Zoning By-law Amendment ADU Permissions in the Oak Ridges Moraine: Zoning By-law 2005-109 2.11 ADU permissions will remain the same when first introduced in By-law 2021-082 back in 2021. Hazardous Areas: Zoning By-law 84-63 2.12 The “Environmental Protection (EP)” zoning in Zoning By-law 84-63 only restricts development from floodplain areas, that are mapped by the Conservation Authority, as well as 30 metres form a watercourse where the floodplain mapping as not been defined. but the current Zoning By-law 84-63 within Clarington does not fully capture instances of safe access issues, erosion hazards and/or beach dynamic hazards which creates safety issues for permitting ADUs. The proposed Zoning By-law Amendment would direct ADUs away from hazardous areas where residential are to be avoided. 2.13 To be in conformity with the Planning Act and the Official Plan, the recommended Zoning By-law Amendment states that “Moreover, additional dwelling units shall not be permitted where residential uses are prohibited. This can include areas subject to hazards such as where safe access to the additional dwelling unit would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards, and/or dynamic beach hazards”. This proposed zoning provision ensures there is a mechanism in place to restrict ADUs from being situated in hazardous areas and would be determined through consultation with the Conservation Authority (see Attachment 4). ADU Permissions in the Greenbelt: Zoning By-law 84-63 2.14 The proposed Zoning By-law Amendment clarifies that ADUs are not permitted in farm buildings which are not built for human occupancy. ADU permissions will remain the same when first introduced in By-law 2021-082 back in 2021 (see Attachment 4). Reducing ADU parking requirements for townhomes: Zoning By-law 84-63 2.15 One of the proposed zoning amendments is reducing parking requirements for ADUs within townhouses. The reason for the proposed reduction is because townhouses are already designed with two off -street parking spaces, which is a requirement for the principal dwelling unit. The proposed zoning amendment would reduce requiring one additional parking space per ADU, to be one parking space per dwelling unit. This is so existing and new townhouses have the potential to have at least one ADU. If the property owner wants a second ADU within their townhouse, then the second ADU would require a third parking space. In general, townhouses are constructed with only two parking spaces as per Section 3.16.e) of Zoning By-law 84-63, and the existing parking requirement for ADUs would pose an issue for townhouses, as there is little opportunity most times, to add additional parking spaces on the lot because of the Municipality of Clarington Page 9 Report PDS-031-24 reduced lot frontage and lot area dimensions used for townhouses, which are smaller than the lot dimensions that are applied for singles and semis (see Attachment 4). 2.16 Reduced parking requirements facilitates efficient land use through reducing land use consumption by impermeable paving, allowing increased soft landscaping to support drainage. The necessity to add an additional parking space (i.e., three total parking spaces) for townhouses does not provide the ability to maintain minimum Landscaped Open Space requirements, ultimately discouraging the provision of a mix of housing options to meet the needs of diverse families and income levels. Removing the requirement for ADU to be smaller than the Principal Dwelling Unit and/or Principal Residential Building: Zoning By-law 84-63 2.17 Another proposed change in the Zoning By-law Amendment, is removing the maximum size requirement for an ADU to be smaller than principal dwelling unit when in the principal residential building. The existing zoning provision to restrict an ADU in an accessory structure to be smaller than the principal residential building has also been removed (see Attachment 4). Updating the registration requirement for ADUs: Zoning By-law 84-63 & Zoning By-law 2005-109 2.18 Another proposed change in the zoning amendment, is the Municipality no longer requires a separate application to be made when someone wants to construct an ADU. If someone wants to construct an ADU, the zoning permission needs to be there first to permit, and they would require a building permit. The ADU will be automatically registered with a building permit that has been granted building occupancy if the ADU is constructed after 1994. Any existing additional dwelling units constructed before 1994 requires a fire inspection to be completed to ensure compliance with the Ontario Fire Code, to be registered as a legal additional dwelling unit (See Attachment 4). Other proposed Zoning By-law Amendments Addition of “Soft Landscaping” Definition: Zoning By-law 84-63 2.19 The implementation of soft landscaping requirements aligns to Clarington’s commitment to creating vibrant and sustainable urban places. Ensuring there is soft landscaping through native planting, trees, and permeable design adheres to the prioritization of sustainable design and environment-first principles. The restricted capacity for hardscaping and impervious materials through soft landscaping will contribute to a healthier ecosystem and reduce environmental impact by protecting biodiversity, allowing for adequate drainage, and mitigating flood risks. The proposed zoning amendment will require 40% soft landscaping in the front yard for i nterior lots, and the front yard and exterior side yard for exterior lots for urban and rural residential lots. This proposed Amendment, changes the current requirements of maintaining a minimum 30% landscaped open space in the front yard. The issue with the current requirement in Municipality of Clarington Page 10 Report PDS-031-24 the zoning by-law, is the risk of laying down interlocking across the entirety of urban or rural residential lots since interlocking is currently permitted under landscaped open space. The proposed requirement of maintaining 40% soft landscaping in the front yard and exterior side yard will promote positive stormwater management practises in new and existing neighbourhoods and contribute to enhancing the health and safety of communities (see Attachment 3). Addition of “Farm Building” Definition: Zoning By-law 84-63 & Zoning By-law 2005-109 2.20 The proposed addition of a “Farm Building” definition to Section 2 of Zoning By-law 84- 63, will provide greater clarity to differentiate what a farm building is versus an accessory building that is secondary to the principal residential building. In addition to the proposed definition of a “Farm Building”, property owners are required to fill out a farm declaration form as part of building permit application to construct a farm building in zone the that permits that use, and on a viable farming operation that is above 2 hectares in lot size within the “Agricultural (A)” zone (see Attachment 3). 2.21 The proposed addition of a “Farm Building” definition to Section 3 of the Zoning By-law, will provide greater clarity to differentiate what a farm building is versus an accessory building that is secondary to the principal residential building. In addition to the proposed definition of a “Farm Building”, property owners are required to fill out a farm declarat ion form as part of building permit application to construct a farm building in zone the that permits that use, and on a viable farming operation that is above 2 hectares in lot size within the “Prime Agricultural (A)” zone (see Attachment 3). Update to Home Occupations: Zoning By-law 84-63 2.22 The proposed change to Section 3.11.c) of the Zoning By-law to includes a provision that says: “Home occupations are permitted within any legally permitted single detached, semi-detached or townhouse dwelling except in the Environmental Protection Zone, the Residential Mobile Home Park Zone, and the Residential Estate Zone ”. This proposed provision fixes some urban residential and rural residential exception zones that unintentionally restricted the permission for a home occupation (see Attachment 3). Same zoning definition for “landscaped open space” in Zoning By-law 84-63, and “landscape area” within Zoning By-law 2005-109 2.23 “Landscaped open space” is a definition that is found within Zoning By-law 84-63, and “Landscape Area” is a zoning definition found within Zoning By-law 2005-109. Zoning By-law 84-63 and Zoning By-law 2005-109 currently have different zoning definitions. The proposed Amendment is to have the same definition for both zoning by-laws. Planning Staff have conducted research of zoning definitions from five other municipalities (i.e., Markham, Caledon, Woolwich, Oshawa, and Peterborough) to compare and contrast their related definitions to “landscaped open space”, “soft landscaping” and “landscape area” in our zoning by-law (see Attachment 5). Municipality of Clarington Page 11 Report PDS-031-24 2.24 From the research conducted, Planning Staff have pieced together a zoning definition that is more in-line with our Municipality’s context in relation to stormwater management, and in delivering on the priorities of the Municipality’s Strategic Plan, which includes “Design and implement Priority Green standards for all new development” and “be a leader in anticipating and addressing the impacts of climate change”. 3. Public Participation Public Meeting Notice 3.1 Bill 185 enables municipalities to provide notice of a public meeting on a municipal website, instead of in a newspaper (if there is no local print newspaper available). 3.2 In accordance with the Planning Act, the statutory Public Meeting was advertised at least 21 days prior to the date of the Public Meeting (May 24, 2024). The Public Meeting was advertised the Orono Times for three weeks, beginning on May 29, 2024. 3.3 On May 24, 2024, the website https://www.clarington.net/en/your-community/additional- dwelling-units.aspx was published. The website provides information on the project, municipally initiated work to update ADU permissions in 2021 which included Amendment 129 and By-law 2021-082 and hosts the Draft Official Plan and Zoning By- law Amendments that will be presented at the Public Meeting. The website also hosts the recommended Amendments (as found in the Attachments 1-4) as well as staff contact information for members of the public to submit comments and/or questions. 4. Department and Agency Comments 4.1 In accordance with the Planning Act, Notice of the Public Meeting was either mailed or emailed to the prescribed public bodies. Over 20 departments and/or agencies were requested to provide comments on the proposed Amendments to the Official Plan and Zoning By-laws. 5. Financial Considerations Not Applicable. 6. Concurrence Not Applicable. 7. Conclusion 7.1 The purpose of the Public Meeting report is to provide background information on the proposed Official Plan and Zoning By-law Amendments. Should there be no significant concerns from the public, it is recommended that Council approve the Municipality of Clarington Page 12 Report PDS-031-24 recommended Official Plan and Zoning By-law Amendments as found in the Attachments 1 to 4 of this report. 7.2 As noted above, the Planning Act states that the adoption of ADU policies in an Official Plan or amendments to Zoning By-laws to give effect to the Official Plan policies are not appealable. Staff Contact: Jacob Circo, Planner II, 905-623-3379 ext.2425 or jcirco@clarington.net or Amanda Tapp, Manager, Development Review, (905) 623 -3379 x 2427 or atapp@clarington.net. Attachments: Attachment 1 – Draft Clarington Official Plan Amendment 137 Attachment 2 – Draft Clarington Official Plan Amendment 138 Attachment 3 – Draft Zoning By-law Amendment (Definitions, and Home Occupations) Attachment 4 – Draft ADU Zoning By-law Amendment Attachment 5 – Research from 5 different municipalities on landscaped open space and soft landscaping definitions Interested Parties: List of Interested Parties available from Department. Amendment Number 137 To The Municipality of Clarington Official Plan Purpose:The purpose of this amendment is to add policies of the Clarington Official Plan to enact changes that have been made to the Planning Act from Bill 23 – More Homes Built Faster Act, 2022, regarding Additional Residential Units and ensure the Clarington Official Plan remains in conformity with Provincial goals. Location: The Official Plan Amendment affects all lands within the Municipality of Clarington. Basis:On November 28, 2022, Bill 23 – More Homes Built Faster Act, 2022 was introduced to make changes to a variety of statutes relating to Additional Residential Units in the Planning Act. The effect of this amendment to our Additional Dwelling Unit policies, is to implement the new changes introduced to Sections 17 (24.1), 17 (36.1) and 34 (19.1) of the Planning Act, from Bill 23 – More Homes Built Faster Act, 2022, and to ease some restrictions. Actual Amendment: The Clarington Official Plan is hereby amended as follows: 1. Section 6.3.5 is deleted in its entirety and replaced with the following: “6.3.5 One additional dwelling unit is permitted within any permitted single detached, semi-detached or townhouse dwelling, and one additional dwelling unit is permitted in an accessory building that is secondary to the principal residential building, for a maximum total of three dwelling units on a lot.” 2. Section 6.3.7 is amended as follows: “6.3.7 Notwithstanding section 6.3.5, within the Protected Countryside of the Greenbelt Plan, but outside of the Environmental Protection Area as identified in the Zoning Bylaw, one additional dwelling unit is only permitted within either a single detached dwelling or an accessory building that existed on (or building permits were issued prior to) July 1, 2017. Additional dwelling units are not permitted within farm buildings.” Attachment 1 to PDS-031-24 3.Existing Section 6.3 is amended by adding new Sections 6.3.11 to 6.3.13 as follows and all subsequent existing sections are renumbered accordingly: “6.3.11 Notwithstanding section 6.3.5, within the urban settlement boundaries of Courtice, Bowmanville and Newcastle, two additional dwelling units are permitted within any legally permitted single detached, semi-detached, or townhouse dwelling, or one additional dwelling unit is permitted within any legally permitted single detached, semi- detached, or townhouse dwelling, and one additional dwelling unit is permitted in an accessory building on the same lot that is connected to full municipal services, for a maximum total of three dwelling units on a lot. 6.3.12 Notwithstanding 6.3.5 and 6.3.11, two additional dwelling units are permitted within any legally permitted single detached dwelling, or one additional dwelling unit is permitted within any legally permitted single detached dwelling and one additional dwelling unit is permitted within an accessory building on the same lot that is partially connected to municipal services within Courtice, Bowmanville, Newcastle, Orono or Newtonville settlement boundaries, for a maximum total of three dwelling units on a lot. This is subject to regulations in the Zoning By-law. 6.3.13 Notwithstanding 6.3.5, additional dwelling units are not permitted within Hazard Lands, the Regulatory Shoreline Area, or where safe access to the additional dwelling unit would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards, and/or dynamic beach hazards.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. File number: COPA2024-0002 Amendment Number 138 To The Municipality of Clarington Official Plan Purpose:The purpose of this amendment is to add policies to the Clarington Official Plan to enact changes that have been made to the Planning Act resulting from Bill 13, Supporting People and Business Act, 2021. Location: The Official Plan Amendment affects all lands within the Municipality of Clarington. Basis: On October 7, 2021, Bill 13, Supporting People and Businesses Act, 2021, was introduced to make changes to a variety of statutes, including the Planning Act. Bill 13 enables Town Council to delegate authority to pass by-laws that are minor in nature under Section 34, Zoning By-laws, of the Planning Act to a committee of Council, or an individual who is an officer, employee or agent of the municipality, provided enabling Official Plan policy is in place. The effect of the proposed Official Plan Amendment would eliminate notice to the public and a public meeting for Zoning By- law amendments that have been delegated under Section 34 of the Planning Act Actual Amendment: The Clarington Official Plan is hereby amended as follows: 1.Existing Section 23 Implementation is amended by updating subsection 23.2 as follows: “23.2.7 Notwithstanding Section 23.2.1 public notice and a public meeting may not be required for Zoning By-law amendments that have been delegated under Section 34 of the Planning Act.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment File number: COPA2024-0002 Attachment 2 to PDS-031-24 Attachment 3 to PDS-031-24 Corporation of the Municipality of Clarington By-law Number 2024-XXX being a By-law to amend By-law 84-63 and By-law 2005-109. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63 and By-law 2005-109; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 3 through 5 of this By-law. 2. By-law 2005-109 is amended as set out Sections 6 through 7 of this By-law. 3. By-law 84-63 is amended by deletion of the definition of “Landscaped Openspace” in Section 2 and replacing it with the following: “Landscaped Openspace An open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned Environmental Protection (EP).” a) By-law 84-63 is amended by the addition of the following definition to Section 2: “Soft Landscaping” The portion of a lot comprised of any combination of flowers, grass, shrubs, sod, trees, or other horticultural elements and that is not covered by impervious surfaces. It must not include any buildings or structures, any hard surface areas Zoning By-law Amendment PAGE 2 such as, but not limited to, driveways, parking lots, decorative stonework, walkways, patios, screening, or other landscape architectural elements .” b) By-law 84-63 is amended by the addition of the following definition to Section 2: “Farm Building” A building or part thereof which does not contain a residential occupancy or a habitable room for human occupancy, and which is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, or manure storage and anaerobic digester. These types of buildings include but limited too barns, silos, pole barn, drivesheds, manure storages, anaerobic digesters greenhouses, fruit, and vegetable storage buildings. A farm building is not the same as an accessory structure or building that is secondary to the principal residential building.” 4. By-law 84-63 is amended by deletion of Section 3.11.c) and replacing it with the following: "Home occupations are permitted within any legally permitted single detached, semi- detached or townhouse dwelling except in the Environmental Protection Zone, the Residential Mobile Home Park Zone, and the Residential Estate Zone. The following regulations apply to dwelling units wherein a home occupation is permitted”. 5. By-law 84-63 is amended by deletion of Section 3.16.c.iii) and replacing it with the following: "Parking spaces provided in the front yard for detached, semidetached and/or townhouse units must not reduce the minimum soft landscaping within the front yard or exterior side yard below 40 percent”. 6. By-law 2005-109 is amended by the deletion of the definition of “Landscaped Area” in Section 3 and replacing it with the following: “Landscaped Area An open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned ‘EP- Environmental Protection.’” Zoning By-law Amendment PAGE 3 a) By-law 2005-109 is amended by the addition of the following definition in Section 3: “Farm Building A building or part thereof which does not contain a residential occupancy or a habitable room for human occupancy, and which is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, or manure storage and anaerobic digester. These types of buildings include but limited too barns, silos, pole barn, drivesheds, manure storages, anaerobic digesters greenhouses, fruit, and vegetable storage buildings. A farm building is not the same as an accessory structure or building that is secondary to the principal residential building.” 7. By-law 2005-109 is amended by deletion of Section 4.7.1 a) and replacing it with the following: “Landscaped Area shall mean an open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentall y affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be l ocated at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned ‘EP-Environmental Protection.’” 8. 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 passed in open session this day of , 20 Adrian Foster, Mayor June Gallagher, Municipal Clerk Attachment 4 to PDS-031-24 Corporation of the Municipality of Clarington By-law Number 2024-XXX being a By-law to amend By-law 84-63 and By-law 2005-109. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63 and By-law 2005-109 for ZBA2024-00XX. Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 3 through 4 of this By-law. 2. By-law 2005-109 is amended as set out in Section 5 of this By-law. 3. By deleting Section 3.2 and replacing it as follows: “3.2 Additional Dwelling Units a. One additional dwelling unit is permitted within any legally permitted single detached, semi-detached or townhouse dwelling, and one additional dwelling unit is permitted in an accessory building that is secondary to the principal residential building, for a maximum total of three dwelling units on a lot. b. Notwithstanding Section 3.2 a., two additional dwelling units is permitted within any legally permitted single detached, semi-detached or townhouse dwelling, or one additional dwelling unit is permitted within any legally permitted single detached, semi-detached or townhouse dwelling and one additional dwelling unit is permitted in an accessory building on the same lot, located within Urban Residential (R1, R2, R3) Zones or Mixed Use Zones inclusive of all exception zones that permits a principal residential building that is connected to full municipal services, for a maximum total of three dwelling units on a lot. c. Notwithstanding Section 3.2 a., two additional dwelling units is permitted within any legally permitted single detached dwellings, or one additional dwelling unit is permitted within any legally permitted single detached dwellings and one additional dwelling unit is permitted in an accessory Zoning By-law Amendment Page 2 building on the same lot, located within Urban Residential (R1, R2) Zones, Residential Hamlet (RH) Zone, Agriculture (A) Zone, or Agricultural Exception (A-1) Zone that is partially connected to municipal services within Courtice, Bowmanville, Newcastle, Orono or Newtonville settlement boundaries, for a maximum total of three dwelling units on a lot. This is inclusive of all exception zones in the Urban Residential (R1, R2) Zones and Residential Hamlet (RH) Zone in the mentioned settlement boundaries that permit a single detached dwelling. This is subject to obtaining the applicable servicing permits and permissions from the Regional Municipality of Durham. d. Notwithstanding Section 3.2 a., additional dwelling units are not permitted within the Environmental Protection Zone. Moreover, additional dwelling units shall not be permitted where residential uses are prohibited, as determined by the Conservation Authority. This can include areas subject to hazards such as where safe access to the additional dwelling unit would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards, and/or dynamic beach hazards. e. Notwithstanding Section 3.2 a., additional dwelling units are only permitted within single detached dwellings or accessory buildings that existed on (or where building permits were issued prior to) July 1, 2017 for lands within the Protected Countryside within the Greenbelt Plan. Additional dwelling units is not permitted within farm buildings. f. Within Urban Residential Zones and Mixed Use Zones, entrances for an additional dwelling unit within the principal residential building may be through a common door in the front building façade. Additional, separate entrances for either the additional dwelling unit or the principal dwelling must be accessed via the rear or side yard. g. Where an additional dwelling unit is located within an accessory building: i) Notwithstanding Section 3.1 c., the accessory building must: a) Conform to the zone’s front yard and exterior side yard setback requirements for residential uses; b) Have a minimum rear yard and interior side yard setback of 1.8 metres; c) Not exceed, whichever is less: i) lot coverage of 10% for the additional dwelling unit, or ii) the zone regulation’s lot coverage maximum; and d) Have a maximum height of 6.5 metres within Agricultural and Rural Residential Zones, and 5.25 metres within Urban Residential Zones. h. Additional dwelling units constructed after 1994, is automatically registered with a building permit that has granted building occupancy. Any additional dwelling units constructed before 1994, requires a fire inspection to be Zoning By-law Amendment Page 3 completed to ensure compliance with the Ontario Fire Code, and to be registered as a legal additional dwelling unit. i. A home occupation is permitted within an additional dwelling unit, subject to Section 3.11B. j. An accessory building containing an additional dwelling unit may not be severed from the lot accommodating the principal residential building. In no case shall an additional dwelling unit be considered a residence surplus to a farm operation.” 4. The Parking Space Requirement Table within Section 3.16 of By-law 84-63 is amended as follows: Parking Space Requirement Table Type or nature of use Minimum off street parking requirement (v) a) Additional dwelling unit or Garden Suite “1 parking space for each additional dwelling unit or garden suite. 1 parking space per dwelling unit for townhouse dwellings only” 5. By deleting Section 5.7.3 of By-law 2005-109 and replacing it as follows: “5.7 Additional Dwelling Units 5.7.3 Additional dwelling units constructed after 1994, is automatically registered with a building permit that has granted building occupancy. Any additional dwelling units constructed before 1994 requires a fire inspection to be completed to ensure compliance with the Ontario Fire Code, and to be registered as a legal additional dwelling unit.” 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and Section 24.2 of the Planning Act. By-Law passed in open session this day of , 20 Adrian Foster, Mayor June Gallagher, Municipal Clerk Landscaped Openspace and Soft Landscaping Definition Research Clarington Landscaped Openspace Definition defined on Zoning By-law 84-63 and landscaped area in Zoning By-law 2005-109: Section 2 of Zoning By-law 84-63 defines landscaped openspace as: “Shall mean the open unobstructed space from ground to sky at finished grade on a lot which is used exclusively for landscaping, and includes any surfaced walk, patio, deck or similar area no more than 200 mm above finished grade, at its highest point, but does not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open space beneath or within any building or structure”. Section 2 of Zoning By-law 84-63 defines landscaping as: ‘Shall mean any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land”. Soft Landscaping is only defined within the Urban Residential Type One (NCO) zoning provisions of Zoning By-law 84-63: “Soft landscaping means the portion of a lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements that is not covered with impervious surfaces. It does not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening or other landscape architectural elements”. Section 4.7.1.a) of Zoning By-law 2005-109 defines a landscaped area as: “Landscaped Area shall mean an open area designed and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, patios or similar areas, but shall not include any driveway, ramp, curb, parking area, or any space below, within or on top of a building or structure, or any lands zoned "EP - Environmental Protection". City/Town Landscaped Openspace Equivalent Definition Soft Landscaping Equivalent Definition Landscaping Equivalent Definition Markham means that space on a lot which is not covered by buildings or structures and is They don’t have a definition of soft landscaping, but do have many exception zones tied with a specific development that means trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, Attachment 5 to PDS-031-24 used exclusively for landscaping require “soft landscaping shall be provided in the front or exterior side yard in which the driveway is located” screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and shall not include parking areas, driveways or ramps and shall not be used for the parking of motor vehicles and may include walkways, driveways and ramps that provide access onto the lot from the street. Peterborough means open unobstructed space at ground level on a lot used only for the cultivation and maintenance of grass, flowers and other growth and landscaping or as surfaced walk, patio, pool, or similar area and not for vehicular traffic or parking No definition No definition Oshawa means open space on a lot which is used for landscaping of any kind or land which is used for any accessory recreational purpose and, notwithstanding the generality of the foregoing, includes lawns, flower beds, shrubbery, trees No definition No definition and other plantings, decorative pools, ponds and other natural water bodies, private walkways, patios, unenclosed porches, tennis courts, shuffleboard courts, playgrounds, swimming pools, pool areas, decks and similar recreational facilities, but does not include any parking space, aisle, driveway or loading space. Caledon No definition, but a lot of zones refer to definition of Landscaped Area shall mean vegetative materials such as trees, shrubs, grass, flowers, vegetables or any other plant material but shall not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking areas, decorative stonework, walkways, patios, screening or other landscape architectural elements. means that portion of the lot area of a lot required for the growth and maintenance of grass, flowers, bushes, trees and other landscaping. This definition may include any surfaced walk, surfaced patio, storm water management pond, swimming pool, play facility, deck not more than 0.6 metres above grade or similar area but shall not include any driveway or ramp (whether surfaced or not) nor any curb, retaining wall, parking area, delivery space, loading space, nor any open space within a building or structure Woolwich No definition, refers to landscaped areas No definition, refers to landscaped areas A landscaped area may include grass, flowers, shrubs, trees and landscape amenity features but shall not include impervious surfaces such as, but is not limited to, concrete, paving stones, turf stone, asphalt and/or gravel