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Home My WebLink AboutPSD-117-02 ~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday November 18, 2002 ])It( b/Il-l(f/-()2- By-law #: a ,:)Co 1).. - h 0 Report #: PSD-117-02 File #: ZBA 2002-027 Subject: REZONING APPLICATION APPLICANT: LAKELAND ASSOCIATES LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-117-02 be received; 2. THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Lakeland Associates, be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of Report PSD-117-02 and the attached amending By-law be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: O~~~ D vi ;), Crome, MCIP, R.P,P. Director of Planning Services Franklin Wu, Chief Administrative Officer SA*DJC'sn November 12, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 626 REPORT NO.: PSD-117-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Lakeland Associates Ltd. (Les Jagoda) 1.2 Owner: John Bergeron 1.3 Rezoning: To rezone the subject lands to an appropriate zone to permit the use of an existing 255 m2 accessory building for a home occupation. 1.4 Site Area: 4.84 ha 2.0 LOCATION 2.1 The subject lands are located at 2611 Maple Grove Road (Attachment 1). The property is contained within Part Lot 18, Concession 2, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On August 27, 2002, Les Jagoda of Lakeland Associates Ltd., on behalf of John Bergeron, submitted an application to the Municipality of Clarington to rezone the subject lands to permit the use of an existing 255 m2 (2,745 ft2) building for a home occupation use. 3.2 The owner's intent is to use the existing detached garage to run his business, Classic Cleaning and Maintenance Services. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property contains an existing single detached dwelling and a detached garage. The subject lot has frontage and access to Maple Grove Road. 627 . REPORT NO.: PSD-117-02 PAGE 3 4.2 Surrounding Uses: East: North: South: West: Vacant Residential Residential Residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the subject lands "Major Open Space". The existing residential use conforms with the policies of the Regional Official Plan. The proposed home occupation use is subject to Section 20.4.4 which allows local Councils to zone to permit the continuation, expansion or enlargement of legally existing uses, or the variations to similar uses. The proposed rezoning is in conformity with the Durham Regional Official Plan. 5.2 The Clarington Official Plan designates the subject lands "Green Space". The existing residential use and the proposed home occupation use conform with the policies of the Clarington Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A)", which permits a single detached dwelling and a home occupation use operating entirely from inside the dwelling. A home occupation operated from an accessory building would not be permitted, thus the need for the rezoning application. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. 7.2 As of the writing of this report, one inquiry has been received regarding this application. The caller requested clarification of the proposed use and to be notified of all subsequent meetings and reports. 628 REPORT NO.: PSD-117-02 PAGE 4 7.3 No persons spoke for or against the application at the public meeting, October 21,2002. 8.0 AGENCY COMMENTS 8.1 The Clarington Building Division has indicated that a building permit will be required if there is any construction in the accessory building in order to change it into an office or home occupation use. 8.2 Clarington Emergency Services, Clarington Engineering Services, Regional Planning, Regional Health and Regional Works Departments have no objection to this application. 8.3 Central Lake Ontario Conservation has no objection to this application, however noted that prior to any filling or grading on site, written permission from the Conservation Authority is required. 9.0 COMMENTS 9.1 The applicant is proposing to use an existing 255 m2 accessory building for a home occupation. The proposed building will accommodate equipment and office space for a business, under the name of "Classic Cleaning and Maintenance Services". 9.2 The applicant has also concurrently submitted an application for site plan approval, indicating number and location of parking spaces, landscaping, signage and entrance location. 9.3 The owner had previously applied for a minor variance (A2002/007), upon discovering at the closing of his purchase, that the existing detached garage had been attached to an existing barn without a building permit and that the renovations converting the barn to a detached garage were not in compliance with the Zoning By-law. 9.4 The owner stated to the Committee of Adjustment that it was his intent in purchasing this property to use the accessory building for the purposes of operating his business. As the Committee of Adjustment does not have 629 REPORT NO.: PSD.117-02 PAGE 5 jurisdiction to approve the application as requested by the applicant, the application was withdrawn and the rezoning and site plan applications submitted. 9.5 The existing dwelling has a total floor area of 259 m2 (2784 ft2). The existing accessory building is 255 m2 (2745 ft2). Typically an accessory building by definition is to be incidental and subordinate to the principal use or building located on the same lot. Although the dwelling and detached garage are consistent in size, when viewed on site, the dwelling is clearly the main use of the property. The detached garage is a low (approximately 15 ft in height), concrete block building, with a garage door and a pedestrian door on the fa<;:ade facing Maple Grove Road. The attached zoning by-law amendment proposes to limit the size of the accessory building to be used for the cleaning business to its existing floor area. 9.6 The existing property is tree lined along Maple Grove Road and the buildings are only visible at the driveway entrance. The applicant is proposing extensive landscaping along the south wall of the accessory building and along the north property boundary between the parking area and the abutting property. The additional landscaping will be shown on the site plan drawing. The majority of the property east of the dwelling and accessory building is tree and bush covered. 9.7 The applicant is proposing three outdoor parking spaces for the business. There are also three parking spaces inside the accessory building accessed by three separate garage doors with spaces for three additional outdoor parking spaces in front of each door. There are also two additional parking spaced adjacent to the dwelling for residential use. The total eleven parking spaces meet the requirements of the zoning by-law for residential use and this home occupation use. Site plan approval will require the designated parking spaces to be illustrated on the application drawings. 630 REPORT NO.: PSD-117-02 PAGE 6 10.0 CONCLUSIONS 10.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. Attachments: Attachment 1- Key Map Attachment 2 - By-law Amendment Interested parties to be advised of Council's decision: Mrs. Makxam 2637 Maple Grove Road Bowmanville, Ontario L 1C 3K7 631 ATTACHMENT'l LOT 18 o < 01 0: W > o /..,.. 0:/ ~ (!). ~ wi ~ -! ~- c.. -' < z" ~ 1 ~ &ri N - HOUSE ~ g 2 rc - z '" ....' " .-;,. _..~ CONCESSION 2 ~Ol . 0_ NOl ~ 91.49 235.92 I'- N71049'40'E N72037'E - z N720:l7'30"E 76.23 J Darlington Key Map D <'i ~ z w w ~ " ~ D ~ ~ ... Z D G w ~ ~ ... I ~ ~ D ZBA 2002-027 and SPA 2002-037 Zoning By-law and Site Plan Amendment D ... D ~ ~ ~ ItIC", II BLOOR STREIT I~~ Owner: Jean-Guy Bergeron 2611 Maple Grove Road .,--- 632 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 Corporation of the former Town of Newcastle to implement ZBA 2002-027; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Schedule 6.4. "SPECIAL EXCEPTION - AGRICULTURAL EXCEPTION (A-68) ZONE" is hereby amended by adding thereto the following new Special Exception 6.4.68 as follows: "6.4.68 AGRICULTURAL EXCEPTION (A-680 ZONE Notwithstanding Sections 3.1, 6.1 and 6.2, those lands zoned "A-68" on the attached Schedules to this By-iaw, may in addition to other uses permitted in the "Agricultural (A) Zone" be used for a home occupation. For the purposes of this subsection a home occupation shall be limited to the administrative office and storage of equipment and supplies for a cleaning business within a 255 m2 accessory building subject to the following regulations: a) Lot Coverage Accessory Buildings (maximum) 255 m2 b) No outside storage of goods or materials associated with the home occupation use." 2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Agricultural Exception (A-68) Zone" as illustrated on the attached Schedule "A" hereto, if: 3, Schedule "A" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Pianning Act. 4. BY-LAW read a first time this day of 2002 BY-LAW read a second time this day of 2002 BY-LAW read a third time and finally passed this day of 2002 :/ :i;' I John Mutton, Mayor 633 Patti L. Barrie, Municipal Clerk . This Is Schedule "A" to By-law 2002- . passed this day of .2002 A.D. o 4( ~l w > o a:: ". wi ~ ~ N.W. ANGLE OF' lOT 16, CON.2 LOT 18 z Sl l(j - ; z N72'3T30"E 76,23 ~'" !alii !1l 91.49 236.92 ~N71'49'40"E N72"37'E z CONCESSION 2 D Zoning Change from "Agricultural (A)" to "Agricultural Exception (A-68)" John Mutton, Mayor Patti l. Barrie, Municipal Clerk II LOT 22 LOT 21 II LOT 20 L.OT 19 II LOT 18 LOT 17 I LLOT 16 NASH ROAD ~ " '~ ~ ~ ~ ~ z ~ ~ " '" ~ ... on i i ~ i ~ '" ~ '" " 0 BLOOR STREET ---'1 Darlington OJ ~ !l1 o u J