HomeMy WebLinkAboutPD-160-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: APARTMEN.GPA C ®T
EPOR
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #\�li CAS`
Date: Monday, December 2, 1996 Res. � �� ) _51F �
Report #: PD- 160 -96 File #: DEV 96 -059 & PLN 11.15 By -law #.
Subject: APARTMENTS -IN- HOUSES
GENERAL AMENDMENT TO COMPREHENSIVE ZONING BY -LAW
FILE: DEV 96 -059 & PLN 11.15
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 160 -96 be received;
2. THAT the general amendment to the Comprehensive Zoning By -law 84 -63 of the
former Town of Newcastle, as amended, to permit Apartments -in- Houses be
referred back to Staff for further processing and the preparation of a subsequent
report upon taking into consideration all of the comments received; and
3. THAT the Durham Region Planning Department, all interested parties listed in this
report and any delegation be advised of Council's decision.
1. BACKGROUND
1.1 On October 21, 1996, Staff forwarded an Apartments -in- Houses report (PD -144-
96) requesting Council to authorize Staff to proceed with a general amendment
to the Comprehensive Zoning By -law to allow Apartments -in- Houses. Council
endorsed this recommendation at their October 28th, 1996 meeting.
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The purpose of the Apartment -in -House By -law is two -fold. Firstly, section 6.3.7
of the Official Plan states that Apartments -in- Houses are permitted subject to a
number of requirements. The current Comprehensive Zoning By -law 84 -63 does
not permit Apartments -in- Houses. The proposed Apartments -in- Houses By -law
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REPORT NO. PD- 160 -96 PAGE 2
will bring the Comprehensive Zoning By -law 84 -63 into conformity with the
Clarington Official Plan. Secondly, the proposed By -law would provide a
mechanism which not only defines Apartments -in- Houses, but would regulate
where they can locate, what types of services (water and sewer) are required and
clarify other requirements such as parking.
3. HIGHLIGHTS OF THE BY -LAW
3.1 Adoption of this By -law will result in amendments to various sections of the
Comprehensive Zoning By -law. Section 2, "Definitions" will be amended by
adding a new definition "Dwelling, Apartment -in- House" as well as changing the
definition of "Dwelling, Single Detached ". Section 3, "General Zone Provisions" will
be amended by adding a new provision 113.24 Apartment -in- House ", and by
revising the parking provisions to require 1 parking space for an Apartment -in-
House. In addition, Sections 12, 13 and 14, the "Urban Residential Type One,
Two and Three" zones shall also be amended, as an Apartment -in -House is to be
included as a permitted use in each of these zones.
3.2 Definitions
Briefly, the proposed definition for an Apartment -in -House describes it as being
a self contained unit within a single or semi - detached dwelling. The Apartment -in-
House must have it's own sanitary facilities, kitchen and a heating system, and
it must have a private entrance either from outside the building or from a common
hallway or stairway.
The definition of "Dwelling, Single Detached" needs to be revised as it currently
states that a single detached dwelling shall only contain one dwelling. Staff
propose to change the definition specifying that in addition to one dwelling unit,
an Apartment -in -House may also be permitted subject to other provisions as
prescribed within the By -law.
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REPORT NO. PD-160-96 PAGE 9
3.3 New Apartments -in- Houses
3.3.1 Locational Criteria
As per the locational requirements set out in Section 6.3.7 of the Clarington
Official Plan, the Draft By -law only permits an Apartment -in -House within a Single
or Semi - detached dwelling serviced by municipal water and sewer. This
requirement in effect prohibits the creation of new of Apartments -in- Houses in the
rural areas, including all Hamlets and Orono. It also prohibits Apartments -in-
Houses in other types of housing such as townhouses.
3.3.2 Minimum Floor Area
The proposed minimum floor area for an Apartment -in -House is 40 square metres.
This is in keeping with the Comprehensive Zoning By -law which currently
prescribes a minimum dwelling unit area of 40 square metres for a bachelor
apartment.
3.3.3 Parking
Currently, every residential unit requires a minimum of 2 parking spaces. If an
additional unit is created within an existing dwelling, one additional parking space
should be provided to that additional unit within the lot /property in order to avoid
problems associated with excessive on- street parking. This extra parking space
requirement is consistent with prohibiting Apartments -in- Houses in row housing
development as there would be no possibility to provide an additional parking
space within a small townhouse lot.
3.4 Existing Apartments -in- Houses
Staff have included a grandfathering clause which would legalize all Apartments -
in- Houses provided they existed before November 6, 1996, meet all criteria for
registration and register with the Municipality within one year of the date of
passage of the Registration By -law which staff will forward to Council to approve
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REPORT NO. PD- 160 -96 PAGE 4
after passage of the Apartment -in -House zoning by -law amendment. The criteria
for registration are that these Apartments -in- Houses must satisfy the Ontario Fire
Code, Municipal Property Standards, and provide 1 additional parking space.
4.1 A copy of the Draft Apartments -in- Houses By -law has been circulated to Durham
Region Planning Department, Durham Region Works Department, Municipality of
Clarington Fire Department and the Municipality of Clarington Works
Department /Building Department for their comments.
4.2 Comments have been received from the Building Department. They believe that
the definitions of "Dwelling, Apartment -in- House" and "Dwelling, Single Detached"
should be revised. They suggest that these definitions should be the same as
that within the Ontario Building Code. The Building Code defines "Dwelling" as
being one room without kitchen facilities. The Comprehensive Zoning By -law
defines "Dwelling" as having two or more rooms and a kitchen. In keeping with
the definition of "Dwelling ", staff propose that the definition of "Dwelling,
Apartment -in- House" includes having a kitchen.
The objectives and purposes of the Building Code and the Comprehensive
Zoning By -law are different. The Comprehensive Zoning By -law defines, identifies
and regulates land uses. The Building Code regulates the construction of
structures to ensure that the health and safety of others are not compromised.
In addition, changing the definitions to be the same as those within the Building
Code would require the revision of many other definitions and provisions within
our Comprehensive Zoning By -law. As such, it would be unwise to make the
definitions within the Comprehensive Zoning By -law and the Ontario Building
Code the same.
EWA
REPORT NO. PD- 160 -96 PAGE 5
In Section 3.2 of this report, we have described the proposed definition of an
Apartment -in- House. The Building Division have verbally informed staff that an
;t Apartment -in -House is not required to have a private entrance. However
Apartments -in- Houses will require a private entrance. Staff will take this into
consideration in drafting the final by -law.
5 PUBLIC NOTICE
5.1 Notices were placed in the Clarington Independent on November 8th, and the
Courtice News, Clarington This Week, Clarington Statesman, and Orono Times
on November 6th, 1996. In addition, a copy of the Draft By -law has been placed
in all Clarington Library branches and a copy of the Draft By -law was also given
to the Clerks Department for public viewing.
6 CONCLUSION
6.1 The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act, and to provide Committee and Council with some background on
the need for an amendment to the Comprehensive Zoning By -law to include
Apartments -in- Houses. The Public Meeting will allow staff to assess the Public's
concerns and comments with respect to the Draft Apartments -in- Houses By -law.
It is recommended the matter be referred back to Staff for further processing and
subsequent report.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
HB *FW *cc
Attachment #1 - Apartment -in -House Draft By -law
November 22, 1996
ATTACHMENT #1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former
Town of Newcastle to regulate Apartments -in- Houses.
WHEREAS Section 6.3.7 within the Municipality of Clarington Official Plan provides
provisions for Apartments -in- Houses.
AND WHEREAS Section 34 of the Planning Act R.S.O. 1990, provides that by -laws may
be passed by the Council of a Municipality regulating Apartments -in- Houses;
AND WHEREAS the Council of the Municipality of Clarington pursuant to Section 23.5.4
of the Official Plan, at its sole discretion, may zone to permit the continuation, expansion,
or enlargement of uses which do not conform to the designations and provisions within the
Official Plan;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to
regulate Apartments -in- Houses which existed prior to November 6, 1996.
AND 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 to regulate apartments in houses.
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. Section 2 "DEFINITIONS" is hereby amended by adding the following definition for
"DWELLING, APARTMENT -IN- HOUSE" after the definition of "DWELLING ".
"DWELLING, APARTMENT -IN -HOUSE
shall mean a self- contained second dwelling unit within a permitted residential single
or semi - detached dwelling created through converting part of or adding onto an
existing dwelling unit. The Apartment -in -House shall be used or intended to be used
by one or more persons, in which sanitary facilities, kitchen and a heating system are
provided. The Apartment -in -House shall have a private entrance from outside the
building or from a common hallway or stairway inside the building. For the purposes
of this By -law a "Dwelling, Apartment -in- House" shall not be a "Converted Dwelling"
and /or' a "Duplex Dwelling "."
2. Section 2 "DEFINITIONS" is hereby further amended by deleting "DWELLING,
SINGLE DETACHED" and replacing it with the following definition:
"DWELLING, SINGLE DETACHED
shall mean a completely detached building containing one dwelling, and where
permitted in this By -law, an Apartment -in- House."
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-2-
3. Section 3 "GENERAL ZONE PROVISIONS" is hereby amended by adding the
following immediately after 3.14 a (v) "Residential other than specified herein unit":
"(vi) Apartment -in -House 1 parking space"
4. Section 3 "GENERAL ZONE PROVISIONS" is hereby further amended by adding
the following new provisions:
"124 Apartment -in -House
a) An Apartment -in -House may be permitted within any single or semi-
detached dwelling on municipal sewage and water systems which have
sufficient capacity to accommodate the proposed use, provided that the
"Apartment -in- House" complies with all applicable regulations within
the Ontario Building Code and Ontario Fire Code, as amended.
The minimum floor area for an "Apartment -in- House" is 40 square
metres."
b) Notwithstanding any provision to the contrary any Apartment -in -House
which existed prior to November 6, 1996 is a permitted use subject to
the provision of one parking space on the subject property, compliance
with the Ontario Fire Code, as amended, and has been Registered
with the Municipality of Clarington pursuant to Section 207.3 of the
Municipal Act as amended, within one year of the passage of the
Apartment -in -House Registration By -law."
5. Section 12' "URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended
by adding the following:
"12.1 a. v) apartment -in- house"
6. Section 13 "URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended
by adding the following:
"13.1 a. iii) apartment -in- house"
7. Section 14 "URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby
amended by adding the following:
"14.1 a. vii) apartment -in- house"
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 read a first time this day of 1996.
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
CLERK
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