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HomeMy WebLinkAboutPSD-058-03 ~ 1 " 'OJ. f1 L~~ REPORT PLANNING SERVICES PUBLIC MEETING ~ . Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 ])/'1 File #: ZBA 2003-013 GfIf-;2 tf3--O 3 By-law #: Report #: PSD-058-03 Subject: BED AND BREAKFAST ESTABLISHMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-058-03 be received; 2 THAT the proposed amendment to By-law 84-63, as amended, to permit bed and breakfast establishment in various zones within the Municipality of Clarington, be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any other delegation be advised of Council's decision. Submitted by: Reviewed by: vid . Crome, M.C.I.P.,R.P.P. k ranklin Wu Director, Planning Services A)~hief Administrative Officer CS/L T/DC/df 23 May 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 610 REPORT NO.: PSD-Q58-Q3 PAGE 2 1.0 BACKGROUND 1.1 On November 11, 2002, Council directed staff to investigate bed and breakfast establishments, and possibly amending the zoning by-law to permit them in various zones in the Municipality. Subsequently, on December 2, 2003 Staff forwarded a report to Council requesting authorization to proceed with a zoning by-law amendment, a sign by-law amendment and a licensing by-law to permit bed and breakfast establishments. (See Attachment #' 1) 1.2 The purpose of this report is to: . satisfy the Public Meeting requirements under the Planning Act for public input on the proposed zoning by-law amendment; . discuss licensing bed and breakfasts establishments; and . present and discuss the draft amendment to the zoning by-law. 2,0 NOTICE OF PUBLIC MEETING 2.1 Notice of the Public Meeting was placed in the Canadian Statesman, on May 14 and May 20, 2003. 2.2 As of the writing of this report, Staff received one (1) telephone inquiry from an individual who wishes to establish a bed and breakfast in the hamlet of Maple Grove. 2.3 A letter was received from Ms. Colleen Konoby, of Courtice. Ms. Konobyobjects to the bed and breakfast establishments because they cannot be properly controlled or monitored. Guests may have questionable characters and may not demonstrate the same level of care for a community as area residents. They may litter, destroy property, use inappropriate language and/or behaviour and may endanger children. The increase in parked cars and additional traffic is also a concern. Motels and hotels can accommodate visitors, where they can be monitored by hotel security and police. See Attachment 2. 611 REPORT NO,: PSD-Q58-Q3 PAGE 3 3.0 LICENSING 3.1 The new Ontario Municipal Act 2001 permits the licensing of many businesses at the Municipality's discretion. Licensing shall be done for one or more of the following reasons: . health and safety; . nuisance control; and . consumer protection. The Municipality is required to research each business it intends to license, tie the reason for licensing to health and safety, nuisance control and consumer protection, and then justify each license condition. In addition, the Municipal Act requests a public meeting to allow the public to make representation prior to Council's adoption of a By-law. Furthermore, to establish a licensing fee, a background feasibility study must be prepared to identify costs and determine a defendable fee. 3.2 At the present time, a bed and breakfast establishment must meet the requirements of the Regional Health Department, Ontario Building Code and Fire Code. Municipal requirements such as zoning by-law, sign by-law and the noise by-law conformity also considered. The Clerk's Department will be preparing a new Licensing By-law, which will list all businesses that require a license and the associated conditions. The By-law will be enacted in accordance with the requirements specified in the new Ontario Municipal Act. As such, it is staff's opinion that a licensing by-law specifically for bed and breakfast establishments not be enacted through the rezoning procedure but be considered within the context of the Clerk's Licensing By-law review. 4.0 DRAFT ZONING BY-LAW AMENDMENT FOR BED AND BREAKFAST ESTABLISHMENTS 4.1 Currently the Zoning By-law considers bed and breakfast establishments to be a home occupation. They are permitted in dwellings in Agricultural (A) and Agricultural Exceptions (A-1) zones. The definition limits the number of guest rooms to three (3), in an owner occupied dwelling and the proprietor mayor may 6J2 REPORT NO.: PSD-Q58-Q3 PAGE 4 not provide meals. One parking space per guest room is required in addition to the two spaces required for the dwelling itself. 4.2 Staff has prepared a draft by-law amendment which proposes the various zones in which bed and breakfast establishments can be permitted and the corresponding provisions. The proposed by-law is contained in Attachment 3. 4.2.1 Summarvofthe Proposed Bv-Iaw Under the proposed draft by-law bed and breakfasts establishments will be permitted, in addition to the currently permitted "Agricultural (A)" and "Agricultural Exception (A-1)" Zones, within the following: "General Commercial {C1)", "Residential Hamlet (RH)", "Residential Cluster (RC)", "Residential Shoreline {RS)", and "Urban Residential Type One (R1)", and "Urban Residential Type Two (R2)", inclusive of all exception zones. The following provisions will apply: a) a maximum of three (3) guest rooms are permitted b) the bed and breakfast establishment shall remain clearly incidental and secondary to the single detached in which it is situated; c) the bed and breakfast shall not change the character of the dwelling nor create or become a public nuisance; d) the dwelling shall not be used simultaneously for any other home occupation; e) the dwelling shall be serviced by municipal water and sewerage system or a private well and private sanitary waste disposals system that complies with the regulations of the Ministry of Environment; f) a maximum of three (3) parking spaces are permitted; and g) a minimum 30% landscaped open space must be maintained in the front yard. 5.0 STAFF COMMENTS 5.1 The proposed by-law will permit bed and breakfast establishments in a number of zones. The various issues such ,as parking, appearance, maximum number of 613 REPORT NO.: PSD-Q58-Q3 PAGE 5 rooms, other permitted uses, and 10Uhouse size will be addressed by the provisions of the proposed by-law amendment as well as the other governing regulations within each zone. Other issues such as spatial separation and owner occupation were discussed in the previous report. It's Staff's opinion that spatial separation between bed and breakfasts and hotels/motels is not an issue at the present time given the limited number of each. Staff do not anticipate a large concentration of bed and breakfasts establishment in close proximity to existing hotels/motels or other bed and breakfasts. With respect to owner/occupation the definition of Bed and Breakfast Establishments in the current Zoning By-law requires the establishment to be owner occupied. This definition is not being amended. 5.2 Sian The sign by-law permits one sign per property for a home occupation. The sign can be a ground or wall sign no greater than 0.55 square metres in size. The sign by-law defines a sign as being the words and logo. Staff are of the opinion that this remains appropriate for bed and breakfasts establishments and therefore are not recommending any amendments to the sign by-law. 5.3 Oak Ridaes Moraine Conservation Plan Staff is required to bring the Official Plan and Zoning By-law into conformity with the Oak Ridges Moraine Conservation Plan by the fall 2003. Through the conformity exercise, Staff will be examining the permitted uses within the Oak Ridges Moraine as a result of the Oak Ridges Moraine Conservation Plan. This will include those uses currently permitted within the Municipality's Zoning By-law "Agricultural (A)" and "Agricultural Exception (A-1)" zones. As a result, lands currently zoned "(A)" or "(A-1)" may lose the ability to establish a bed and breakfast establishment. However, those bed and breakfast establishments that currently exist, will still be permitted. Under the Oak Ridges Moraine Conservation Plan review, staff has scheduled two (2) Public Information Sessions for June 11th and 12th, 2003. Staff will be reporting to Council on the amendments to the Clarington Official Plan, Zoning By-law that will be required to implement the Conservation Plan. ' 614 REPORT NO,: PSD-Q58-Q3 PAGE 6 5.4 Concerns of Mrs. Konobv Bed and Breakfast Establishments are traditionally used by the travelling public for temporary sleeping accommodations. A proprietor has the ability to refuse a person from entering his/her home. The Zoning By-law cannot address the behaviour of anyone entering the home. The by-law requires parking to be accommodated on site while maintaining 30% landscaped open space on the front yard. A bed and breakfast establishment must demonstrate that this provision can be met. The increase of three (3) cars would have a minimal traffic impact in residential neighbourhoods. 6.0 RECOMMENDATIONS 6.1 Bed and breakfast establishments are an accepted type of accommodation and are positive from a tourism perspective. 6.2 The purpose of this report is to satisfy the Public Meeting requirements in the Planning Act and receive any comments from the general public. Staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Staff Report (PSD-127-02) Attachment 2 - Letter from Colleen Konoby Attachment 3 - Draft By-law Interested parties to be notified of Council's decision: Wilhemena Van Boxtell 2294 Highway 2 Bowmanville, ON L 1 C 3K7 Colleen Konoby 97 Daisyfield Avenue Courtice, On L 1 E 3B3 615 ATTACHMENT 1 " Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 2, 2002 Report #: PSD-127 -02 File#: By-law #: Subject: BED AND BREAKFAST ESTABLISHMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-127-02 be received; 2. THAT Staff be authorized to proceed with a zoning by-law amendment, sign by-law amendment and licensing by-law; and 3. THAT ail interested parties listed in this report and any delegations be advised of Council's decision. .~ Submitted by: " ~ Davi J. Crome, MCIP, R.P.P. Director of Planning Services '. G ~-.::. t?, h Reviewed by: : '^-/ VL Franklin Wu, Chief Administrative Officer SA*DJC*sh November 27. 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 616 '. REPORT NO.: PSD-127-02 1.0 BACKGROUND PAGE 2 1.1 At the November 11, 2002 Council Meeting, Staff were directed by Council resolution to investigate Bed and Breakfast establishments and the possibility of amending the current Zoning By-law. This report will review a number of pertinent issues and considerations relevant to Bed and Breakfast establishments and outline next steps. The comments are based on the research that staff has completed to date. Additional considerations may be warranted as the matter is reviewed in more detail. 1.2 Bed and Breakfast establishments are an accepted manner of accommodation and have experienced a rising popularity in both rural and urban locations in recent decades. In some municipalities, it has become part of the tourism and economic development initiative. A number of inquiries from the public have been received in recent years regarding the establishment of bed and breakfast's in hamlets and urban areas. 2,0 ZONING 2.1 Currently the Clarington Zoning By-law considers bed and breakfast establishments to be a home occupation and permits them in dwellings in Agricultural zones only. The definition limits the number of guest rooms to three, in an owner occupied dwelling and the proprietor mayor may not provide meals as an accessory use. One parking space per guest room is required, in addition to the two spaces required for the dwelling itself. 2.2 The thrust of Council's request was to allow bed and breakfast establishments in urban and rural settlement areas. In preparing appropriate zoning for this use, a number of performance criteria need to be developed, The following provides an overview of some of the performance criteria used in other municipalities. 2.2.1 Spatial Separation Some municipalities have restricted the location of bed and breakfast establishments in context of other bed and breakfast establishments or hotels, motels and inns. For 617 REPORT NO.: PSD-127-02 PAGE 3 example the City of Oshawa does not allow a bed and breakfast establishment within 500 metres of another bed and breakfast establishment, and the City of Vanier, although has no limiting distance between bed and breakfast establishments, limits them to not less than 30 feet from a motel or hotels. Conversely, the City of Niagara Falls only allows bed and breakfast establishments in Tourist Commercial zones and in residential areas adjacent to River Road (a major arterial adjacent to the Niagara River with a significant number of hotels and motels). This allows a tourisUtraveller a choice of accommodation within the same amenity area. Presently, Clarington does not have a limiting distance for bed and breakfast establishments in rural areas and there have not been complaints from hotels/motels that there is a conflict between the two types of accommodation. Staff do not anticipate any problems from hotel operators and do not foresee that there '!!~' "" ';8 the :::"1and that would lead to a concentration of bed and breakfast establishments in close proximity. In addition to residential zones, the "C1" and "C2" zones both permit existing residential uses, For example in Bowmanville, portions of King Street East and Church Street contain larger residential dwellings. These areas are a zone of transition between that which is commercial and that which is residential. A bed and breakfast establishment would be a natural fit in these neighbourhoods, providing proximity to shopping and restaurants, but offering the coziness desired by bed and breakfast guests. 2.2.2 Parkinq At this time, the Comprehensive Zoning By-law requires two (2) parking spaces for a single detached dwelling. Where a bed and breakfast establishment is permitted, one additional parking space per guest room is required. As rural properties are typically larger than urban properties, the location of the parking spaces has not been a concern. In an urban area, two parking spaces per dwelling are also required. They may be provided in a garage or driveway and may be located in any yard. To accommodate 618 '. REPORT NO.: PSD-127-Q2 PAGE 4 bed and breakfast establishment parking, one additional parking space per guest room should still be required. However, to minimize impact on a residential neighbourhood and its streetscape, consideration should be given to restricting parking in a front or exterior side yard. 2.2.3 Appearance Typically, in residential areas, there is a concern that a bed and breakfast establishment will appear as a commercial use, rather than blend in with an established neighbourhood. Provision may be made, as is currently done for home occupation uses, that a bed and breakfast cannot be established or operated in a manner that changes the external residential appearance of a dwelling unit, or generates adverse effects such as those from excessive traffic (by limiting the number of guest rooms), parking (as noted above), or noise. 2.2.4 Maximum Number of Rooms A number of by-laws from various municipalities including Niagara Falls, Oshawa, Vanier, Ottawa, and North York, were reviewed and all by-laws limit the number of guest rooms available to the public or the number of persons that may be accommodated. The Municipality of Clarington draft zoning by-law (released July 3, 2000 for review) is proposing a maximum of three guest rooms. Planning Staff are of the opinion that any more than three rooms may create a negative impact on a neighbourhood due to traffic and parking. 2.2.5 Other Uses Permitted Additional home occupation uses, such as a business or professional office, daycare or hairdressing, create an additional traffic load and parking space requirement. Particularly in residential area, this detracts from the established residential character of a neighbourhood. Typically the establishment of a multi-use building requires municipal review. Site plan approval and site specific rezoning may be more appropriate than allowing it as of right through a general text amendment to the zoning by-law. 619 '. REPORT NO.: PSD-127-02 PAGE 5 2.2.6 Meals The provision of meals to guests, especially breakfast, is typically provided by a bed and breakfast establishment. The establishment of a dining room open to the public other than guests of the bed and breakfast, goes beyond the traditional definition of a bed and breakfast. Eating establishments require Health Unit approval, typically employ persons other than those residing within the dwelling, require additional parking and loading spaces, have longer hours of operation during which traffic is generated, and require municipal site plan approval. In areas where full municipal services are not available there are also concems regarding well water quality and quantity and septic bed capacity. 2.2.7 Owner Occupied To consider the inclusion of bed and breakfast establishments in residential areas staff would recommend that bed and breakfast establishments continue to be operated as a home occupation. This means a bed and breakfast establishment shall also be the principle residence of the proprietor and staff is limited to family members residing in the home plus one additional staff person. By limiting the number of outside staff working in a bed and breakfast establishment, parking spaces are available for bed and breakfast establishment guests. 2.2.8 Lot or House Size As the current Zoning By-law only permi41 bed and breakfast establishments in Agricultural zones, lot size has not been a conc6l:fl to date.. If consideration is given to , allowing bed and breakfast establishments in urban areas, minimum lot area and frontage should be addressed. The Municipal Zoning By-law does provide for landscaped open space, generally 40% to 45% of a property. Landscaped open space does not include parking areas, driveways, or any area covered by building or structure. By regulating minimum lot area the Municipality has a secondary mechanism to ensure the appearance of a bed and breakfast property has a minimal impact upon a neighbourhood. 620 REPORT NO.: PSD-127-o2 PAGE 6 In rural areas, a minimum lot area requirement of 4000 m2 (1 ac) is required for all new lots. In consultation with the Regional Health Department, Municipal Staff can investigate if this is also appropriate for the establishment of new bed and breakfast uses in existing dwellings on existing lots. 3,0 SITE PLAN 3.1 Within the Municipality of Clarington, site plan approval is not required for residential buildings containing less than three (3) cwelling units (By-law 90-130). As bed and breakfast establishments are a home occupation within a single detached dwelling, site plan control would not apply. Bed and breakfast establishments are considered a home occupation as by their nature they may be assimilated into residential neighbourhoods with minimal impact. The Municipality's current zoning and sign by-law provisions regulate parking, appearance, scale and signage for bed and breakfast establishments. Cash-in-lieu of parkland and development charges are not applicable for established residential uses and thus site plan approval will not achieve anything further for the Municipality. 4.0 SIGNS The Sign By-law permits one sign per property for a home occupation use. The sign can be either a ground or wall sign, no greater than 0.55 metres in area. The Clarington Sign By-law defines a sign as being the words and logo. The total display area may be 150% larger resulting in the total permitted sign size in 0.825 m2 or 9 tf. Staff are of the opinion this remains appropriate for bed and breakfast establishments in urban and rural settlement areas, The sign by-law has three heritage resource areas where sign appearance is regulated to protect significant architectural features on a building and to prohibit signs which detract from the heritage nature of a surrounding area. Staff would recommend that if bed and breakfast establishments are permitted in urban and hamlet areas that 621 .. REPORT NO.: PSD-127-Q2 PAGE 7 Schedule 1 - Heritage Resource Areas be amended in increase the size of the heritage resource areas to include heritage areas, such as the old Bowmanville neighbourhood. Additionally, all buildings identified or designated as heritage dwellings should follow the same regulations for signs as per the heritage resource areas. As urban areas and hamlets are all lit with municipal street lights, lit signs should not be permitted for bed and breakfast establishments in residential areas. 5.0 INSPECTIONS A~m LICENSING Under the Municipal Act, 2001, the Municipality may require licenses where issues of health and safety, nuisance control and consumer protection are apparent. As a place of accommodation for visitors, the Municipality may wish to ensure that accommodations meet basic safety requirements. As part of this licencing requirement, inspections may be required or certificates of approval from outside agencies and departments, For example, a fire inspection and approvals from Emergency Services should be required, Health Department approval for both septic and food preparation may be appropriate. Planning Services Department would provide comments on parking and signage, prior to permitting a bed and breakfast business operation. By requiring a bed and breakfast establishment to obtain a municipal license, the Clerks Department could ensure approvals have been received from all agencies and provide a list to Emergency Services Department for fire fighting and emergency purposes. Appropriate fees for a licence would be determined on the basis of staff time requirements. Staff will investigate licencing requirements concurrent with the preparation of a by-law amendment. 6.0 RECOMMENDATION 6.1 Bed and breakfast establishments are viewed by many as a positive incentive for tourism in an area. They can also be viewed negatively by neighbours concerned about nuisance impacts. A recent case in the City of Oshawa led to considerable controversy 622 .. REPORT NO,: PSD-127-Q2 PAGE 8 and an Ontario Municipal Board Hearing. Nevertheless, Staff view the initiative as a positive step for the tourism industry in Clarington. 6.2 It is recommended that Staff be authorized to proceed with a zoning by-law amendment and sign by-law amendment and consider the merits of a licensing by-law to permit the establishment of bed and breakfast establishments in urban and hamlet areas in Clarington. The Sign By-law Amendment would be incorporated into other amendments to the Sign By-law as a low priority item. 623 ATTACHMENT 2 Colleen Konobv 97 DaisevfieJd Ave.. Courtice. ON Ll E 383 Phone: (905) 436-9642 Fax: (905)436-9642 May 10, 2003 '03MAY15 PM 1:09:13 Clerks Department 2nd Floor, 40 Temperance Street, Bowmanvi!!e, Ontario L 1C 3A6 Pt..AN,...ING- Flt...e No.', ZBA 0.003-0(3 ImWCCWTr\~rrE~J1] To Whom It May Concern: I wish to submit my written representation in opposition to the proposed Zoning By-law Amendment that would permit Bed and Breakfast establishments. I don't believe that there can be proper control and/or monitoring of such establishments, I for one do not want such an establishment on my street or anywhere near where I live, You can never be sure of the type and character of a person who would use such an establishment, whether they were a criminal or not. Such a person who would be "here today and gone tomorrow" would not have the same care for a community that one would have that lives here, Such people may be out for their own pleasure with no respect for another's property, such as noise, litter, property destruction, use of inappropriate language and/or behavior, and could possibly even endanger our children, On our street an added three cars to homes with Bed and Breakfast's would make our already crowded street even more crowed with more cars parking on the street and an added increase to traffic flow, The increase to traffic flow would further endanger the children that play in the street, and add to the \~affic noise that already exits, There are already hotels and motels to accommodate visitors to. olllr C1:1r"rilll~it1'@!~ that can be more easily monitored by hotel security and polic:e;,:~:rher~fQr.Lam/.VS-J definitely against having these kinds of establishments, N;'" BY , " .~ , GRJGi-NAt T , S TOI' I _._ .- , , Sincerely, Cc~~;;r >---~...._....,,~- ;......w.__ , j 'c. -< ",.-----1 I w_~._ '-1 .._--.1 _..-.J -j,_.....~ ,c" ._.~...~___~_.. " .... ."' . ,', "~. 624 DRAFT THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003._ 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 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 Bed and Breakfast Establishments; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 2 Definitions" is hereby amended by adding to the definition of Home Occupation the following words immediately following "Agricultural Exception (A-1) Zone": "General Commercial (C1)", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline (RS)", and "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)" Zones inclusive of all exception zones. 2. "Section 3 General Provisions" is hereby amended by adding a new Section 3.3 and subsequently renumbering all following sections accordingly. "Section 3,3 BED AND BREAKFAST ESTABLISHMENTS A Bed and Breakfast Establishment shall be permitted within a single detached dwelling 10CBted in the "Agricultural (A)", "Agricultural Exception (A-1 )", "General Commercial (C1 )", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline (RS)", "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)" subject to meeting the following provisions: a) A maximum of three (3) guest rooms are permitted; b) The bed and breakfast establishment stlall remain clearly, incidental and secondary to the single detached dwelling in which it is situated; c) The Bed and Breakfast establisllment shall not change the character of the dwelling nor create or become a public nuisance due to traffic, noise and hours of operation; d) The dwelling shall not be used simultaneously for any other home occupation; e) The dwelling shall be fully serviced with municipal water and sewerage system or well and private sanitary waste disposal system that comply with the regulations of the Ministry of Environment; and f) A minimum 30% landscaped open space must be maintained in the front yard." 3. This by-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor 625 Patti L, Barrie, Municipal Clerk ATTACHMENT 3