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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. "M �► 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 I" 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. 610 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 6 1 i1 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." M5 -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 m