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
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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.
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Mayor Clerk
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