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Home My WebLink AboutPSD-048-17Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 26, 2017 Report Number: PSD-048-17 Resolution Number: PD-137-17 File Numbers: COPA2017-0009 and ZBA2017-0017 By-law Number: 2017-063 Report Subject: An Application by Soroya Yule and Spencer Yule to amend the Official Plan and Zoning By-law to permit an apartment-in-house within a new addition to the existing dwelling on a rural residential property located at 4443 Concession Road 5. Recommendations: 1.That Report PSD-048-17 be received; 2.That staff consider the public comments received in the further processing and preparation of a subsequent of the proposed application for Official Plan Amendment (COPA2017-0009) and Zoning By-law Amendment (ZBA2017-0017) submitted by Soroya and Spencer Yule; and 3.That all interested parties listed in Report PSD-048-17 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-048-17 Page 2 Report Overview Staff is seeking public input on a proposed Official Plan Amendment and Zoning By-law amendment by Soroya and Spencer Yule to allow an apartment-in-house within an addition to an existing residential dwelling on a rural residential property located at Concession Road 5 in Clarke. 1. Application Details 1.1. Owners: Ross and Tanya Stutt 1.2. Applicants: Soroya and Spencer Yule 1.3. Proposal: The applicants are proposing to establish an apartment-in- house within an addition to an existing residential dwelling on the subject property located at 4443 Concession Road 5. 1.4. Area: 30.16 hectares (74.53 acres) 1.5. Location: Part Lot 10, Concession 4, Former Township of Clarke 1.6. Roll Number: 1817-030-080-11100 1.7. Within Built Boundary: No 2. Background 2.1 In early 2017, the owners of 4443 Concession Road 5 approached the Planning Services Department with intentions to provide a secondary living space on their property for their daughter, son-in-law and granddaughter. The need for the secondary living space is as a result of a medical condition. The applicants have had a number of meetings with Staff and have agreed that a second stand-alone dwelling would not be permitted on the property. However, an apartment-in-house would provide the opportunity to live independently while allowing for the proximity needed to provide appropriate and required care by family members. The policies of the Clarington OPA 107 allow an apartment-in- house in the rural areas. 2.2 The proposed applications would allow an apartment-in-house within an addition to an existing single detached dwelling in a rural area. In addition to the rezoning application, application for the Official Plan Amendment was submitted as a precaution should approval of Official Plan Amendment 107 be delayed. 2.3 Provided the applications are approved, the applicants will proceed with the building permit and registration of the apartment-in-house immediately. Municipality of Clarington Report PSD-048-17 Page 3 Figure 1: Site Location 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 30.16 hectares (74.53 acres) in area and have frontage on Concession Road 5. The built structures on the property consist of a residential dwelling and two large barns. Approximately 18.75 hectares (46.3 acres) of the south side of the property is wooded, and forms part of the Natural Heritage System. All proposed development will take place outside of the Natural Heritage System. The surrounding properties to the north and west appear to be large actively farmed properties, whereas, the surrounding properties to the south and east appear to be large rural residential lots. Municipality of Clarington Report PSD-048-17 Page 4 3.2 The surrounding uses are as follows: North - Rural residential and agricultural fields South - Rural residential East - Rural residential and agricultural fields West - Rural residential and agricultural field 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) identifies the subject lands as “Rural Areas”. The Provincial Policy Statement directs and promotes the development of healthy and complete communities. The goal is to create strong, livable, healthy and resilient communities through efficient land use. Further, the Provincial Policy Statement directs municipalities to permit all forms of housing to provide an appropriate range and mix of housing types and densities. 4.2 Greenbelt Plan The subject lands are within the Protected Countryside of the Greenbelt. The Greenbelt Plan directs growth to existing settlement areas and promotes intensification of land within settlement areas. The subject lands are not located within a settlement area. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands “Major Open Space Areas”. The predominant use of Major Open Space Areas are for conservation, and a full range of agricultural, agricultural-related and secondary uses. The existing rural residential use on the property is permitted. 5.2 Clarington Official Plan The 1996 Clarington Official Plan designates the subject lands as “Green Space” and “Environmental Protection Areas”. The existing residential use on the property is permitted. However, the accessory apartment within the dwelling outside of an urban area is not identified as a permitted use and therefore an amendment to the Housing policies of the Clarington Official Plan is required. Municipality of Clarington Report PSD-048-17 Page 5 5.3 Clarington Official Plan as amended by Amendment 107 Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and Provincial Policies. Official Plan Amendment 107 designates the subject property as “Rural”, “Prime Agricultural” and “Environmental Protection”. The amended policies permit an apartment-in-house within the rural areas. The proposed land uses are permitted within the portion of the property designated as “Rural Areas”. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands “Agricultural Exception (A-1)”, “Agricultural (A)” and “Environmental Protection (EP)”. The “A” and “A-1” zones permit agricultural uses on the farm as well as a residential dwelling. The proposed apartment-in-house is not a permitted use. 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 300 metres of the subject lands. The public notices for these applications were mailed on June 5, 2017. The Public Notice sign was installed on the subject lands along Concession Road 5. Figure 2: Notice of Development Proposal 7.2 At the time of writing, staff have received no submissions regarding the proposal. Municipality of Clarington Report PSD-048-17 Page 6 8. Agency Comments 8.1 Durham Region Departments The application was circulated to the Durham Planning and Health Departments. As of the writing of this report, no comments had been received. Once Regional comments are received, they will be included in a future report. 9. Departmental Comments 9.1 Engineering Services The Engineering Services Department has no objection, in principle, to the applications. 9.2 Building Division The Building Division has no comments regarding the applications. 9.3 Emergency and Fire Services The Emergency and Fire Services found no fire safety concerns with the submitted applications. 10. Discussion 10.1 The applicant is proposing to amend the Clarington Official Plan, if necessary, provided that there is no appeal of OPA 107 that affects the relevant provisions, an amendment will not be necessary. The Zoning By-law would be amended to add site specific policies and regulations to permit an apartment-in-house within a new addition to an existing dwelling on a 30.16 hectare property. The applicant intends on submitting a building permit and the application to register the Apartment-in-House should the current proposed applications be approved. 10.2 No other significant issues have been raised to date regarding the proposed Official Plan Amendment and Zoning By-law Amendment. Until such time as comments are received from the Durham Region, it is unknown whether there are any issues of Regional concern. However, all other agency comments have been received and there are no objections to this application. Neither have there been any objections from the public. 12. Concurrence Not Applicable. 13. Conclusion The purpose of this report is to provide background information on the applications and provide opportunity for the public to address Committee with comments related to the Municipality of Clarington Report PSD-048-17 Page 7 applications. Staff will continue processing the application including the preparation of a subsequent report. 14. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Amanda Watson, Planner I, 905-623-3379 ext. 2420 or awatson@clarington.net No Attachments The following is a list of the interested parties to be notified of Council’s decision: Soroya and Spencer Yule Ross and Tanya Stutt AW/CP/tg/df I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0017 4443 Concession Road 5\Staff Report\PSD-048.17.Docx