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HomeMy WebLinkAboutPD-121-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN 95-025 GPA REPORT General Purpose and Administration Committee Meeting- Fiie #�.����' • Monday, November 6, 1995 n Date: Res. PD-121-95 DEV 95-025 Report #: File # By-law #15—/51' REZONING APPLICATION - APPLICANT: CAIATA Subject. 4380 COURTICE ROAD, WEST SIDE OF COURTICE ROAD, NORTH OF PEBBLESTONE ROAD PART LOT 29, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 95-025 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-121-95 be received; 2 THAT application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Mr. Antonio Caiata be DENIED, and, 3 THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision 1. APPLICATION DETAILS 1 1 Applicant- Mr. Antonio Caiata 1.2 Owner: Mr. Antonio Caiata 13 Rezoning: From. Agricultural (A) To- zone appropriate to permit a garden suite 14 Area- 4 hectares 2. LOCATION 2.1 The subject property is located in Part of Lot 29, Concession 4, former Township of Darlington. The lot is located on the west side of Courtice Road, south of Taunton Road. The municipal address is 4380 Courtice Road 3. BACKGROUND 31 The rezoning application was submitted to the Planning Department on April 10, 1995. A primary residential structure is located on the site A residential apartment currently 528 REPORT NO.: PD-121-95 PAGE 2 currently exists within this structure. In 1991 Mr. Caiata obtained a building permit to build a garage. The garage was converted to a dwelling in 1992 and a stop work order was issued. This stop work order has yet to be lifted. It is within this structure Mr. Caiata proposes to establish the garden suite. 3.2 The applicant, in support of this application submitted a letter from The Oshawa and District Association for Community Living stating that his daughter who has a developmental disability would become more self-reliant if she lived in the apartment located within the primary residence. Mr. Caiata's son and daughter-in-law currently occupy this apartment. The son and daughter-in-law would move into the garden suite allowing his daughter to live in the apartment within the house. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Rural residential property 4.2 Surrounding Uses: East - agricultural West - forest and agricultural South - forest and agricultural North - rural residential S. OFFICIAL PLAN POLICIES 5.1 The current Official Plan for the former Town of Newcastle does not have policies for the rural areas of the Municipality, as such, the policies within the Durham Region Official Plan are applicable. 5.2 The 1991 Durham Region Official Plan designates the subject lands as Permanent Agricultural Reserve. Lands so designated shall be used for agricultural and farm-related purposes. A second dwelling, implying a permanent residence, can only be established if it is to accommodate persons employed full-time on the farm. 529 REPORT NO.: PD-121-95 PAGE 3 5.3 Section 4.3.11 (f) of the Durham Region Official Plan states that Municipal Official Plans shall include policies which permit, subject to appropriate criteria and conditions, garden suites as a temporary use. Policies have been incorporated into the Municipality's new Draft Official Plan providing criteria for garden suites. 6. ZONING BY-LAW PROVISIONS 6.1 According to the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle the subject lands are zoned Agricultural (A). Lands so designated shall be used predominantly for farm and farm-related purposes. Garden Suites are currently not permitted within any zone in the Municipality's Comprehensive Zoning By-law. 7. PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 Only one enquiry was made with respect to this application and the resident calling requested clarification of the application. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies offered no objection to the application as filed: • Municipality of Clarington Community Services Department • Municipality of Clarington Fire Department • Municipality of Clarington Public Works Department • Durham Region Department of Health • Ministry of Agriculture and Food 530 REPORT NO.: PD-121-95 PAGE 4 8.2 The Central Lake Ontario Conservation Authority state that prior to the commencement of any filling or grading, a permit must be obtained from the Conservation Authority. 8.3 The Durham Region Works Department requires that a 3.048 metre road widening be conveyed to the Region through the site plan process. However, we cannot enter into a site plan for one residential structure. The Region has been advised. 8.4 The Durham Region Planning Department objected to this application. Section 39 of the Planning Act, being the Temporary Use Provisions, allows garden suites provided the structure is designed to be portable and the use is temporary. As the garage has not been designed to be portable, the Region considers it to be a second structure, not a garden suite. If this structure is made habitable in accordance with the Building Code, a Regional Official Plan amendment would be required as the Regional policies are clear in that the establishment of a second dwelling within agricultural areas is only permitted in order to accommodate persons employed as full-time farm help. As such, the Region has taken the position that this application cannot be given consideration under Section 39 of the Planning Act and it does not conform to the Durham Region Official Plan. 9. STAFF COMMENTS 9.1 Garden Suites have been incorporated within the Planning Act through Bill 120. Garden Suites are provided for under the Temporary Use provisions of the Planning Act whereby municipalities may zone for these uses for up to 10 years. The definition of a Garden Suite within the Planning Act states that it be a 'one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." 9.2 The purpose of a Garden Suite is to provide temporary and alternative accommodation for senior citizens or people requiring limited care. Mr. Caiata has indicated that although he has his elderly mother and a daughter with developmental disabilities living REPORT NO.: PD-121-95 PAGE 5 with him, it would be his son and daughter-in-law who would occupy the Garden Suite. This does not meet the purpose and intent of Garden Suites. 9.3 As the Municipality's current Official Plan does not provide policies for either garden suites or the rural areas, Staff and Council must rely on the policies contained within the Durham Region Official Plan, The Region has made the interpretation that the structure which is intended to be used as the Garden Suite is not temporary or portable, and that it would in fact be a second dwelling. 10. CONCLUSION 10.1 Staff are sympathetic to the applicant's particular family circumstances. However, we are not in a position to recommend approval of this application as it is contrary to the policies of the Durham Regional Official Plan. Respectfully submitted, Reviewed by, fJ /¢ Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative and Development Officer HB*FW*df 23 October 1995 Attachment #1: Key Map Attachment #2: Site Plan 52 REPORT NO.: PD-121-95 PAGE 6 Interested parties to be notified of Council and Committee's decision. Mr. Caiata 4380 Courtice Road Bowmanville, Ontario. L1 C 3K4 The Oshawa and District Association for Community Living 39 Wellington Street East Oshawa, Ontario. L1 H 3Y1 Mr. Michael William Kuzenko R.R.#1 Hampton, Ontario. LOB 1 JO Oshawa District Association for Community Living c/o Paul Woodcroft 947 Adelaide Avenue East Oshawa, Ontario. L1 G 7L3 ATTACHMENT #1 SUBJECT SITE LOT 31 LOT 30 LOT 29 LOT 28 ROAD ry d- ° z o � W oe TF1 [-E W � z � o O Lm BLES1E AD 0 DQG°3�[1�1C��'O�1 my HAP DEV. 9 534 N H z W AND r P£ fE't£ lE ( = ^ 3d 30 E 1314'64 tvti s Hag •V- E OLEO) H 1 0 , L J T 29 �-- LSD 125366 r •I ll- y L ' 1 0 � , 7-t CONCESSION 4 s � s 1 ] Z - � t I N 72' 4E 51 E OEE O. —P tr AIC A141 /C+.CE )♦ USE 1 tp 1313r,3 �4EA$] L L. -- V 72z 58 LJ E 11 T -tiO:V FENCE P95'r n♦ UNE a 1 L ` 1 t IP_a YETI _� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. WHEREAS the Council of the Coiporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with application DEV 95-025 to authorize the temporary use of land, buildings or structures pursuant to Section 39 of the Planning Act, 1990 to permit the establishment of a Garden Suite. NOW THEREFORE BE IT RESOLVED THAT the Council of the Coiporation of the Municipality of Clarington enacts as follows: 1. Section 61 "Agricultural (A)" zone is hereby amended by adding hereto the following new Special Exception 6.4.49 as follows: "6.4.49 AGRICULTURAL EXCEPTION (A-49) ZONE. Notwithstanding Section 6.1, the lands zoned "A-49" on the attached Schedule A, may in addition to other uses permitted in the"Agricultuia] (A)" zone, be used for a garden suite For the purpose of this Special Exception,a"Garden Suite"shall mean a one unit detached residential structure containing bathroom and kitchen facilities that aie ancillary to an existing residential structure. Puisuant to the requirements of Section 39 of the Planning Act, 1990, this temporary use may be permitted for a period of up to ten (10) years, ending November 13th, 2005." 2. Schedule 6 to By-law 84-63 as amended, is hereby fui thei amended by changing the zone designation from: "Agricultural (A)" to "Agricultural Exception (A-49)" 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 t ead a first time this day of 1995. BY-LAW read a second time this day of 1995. BY-LAW read a third time and finally passed this day of 1995. MAYOR CLERK This is Schedule "A" to By—law 95— , passed this day of 1995 A.D. LOT 29 CONCESSION 4 N 72' 38' 30" E 400 702 3 3 0 � o b n1A b� o° Lo W to z N 77 38' 30" E 400 230 O 3 U b M N h� z ® ZONING CHANGE FROM " A " TO " A-49 " 0 25 50 100m 5040302010 0 Mayor Clerk LOT 31 LOT 30 LOT 29 LOT 28 ROAD ° Z U o w w U O O U Z O 4 E AD COURTICE