HomeMy WebLinkAboutPSD-013-14 u REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 24, 2014 Resolution#: MV-/ ~/ °` By-law#: 6,901q-6c941
Report#: PSD-013-14 File#: ZBA 2012-0011
Subject: A REZONING APPLICATION TO LEGALIZE AN EIGHT UNIT APARTMENT
BUILDING AND ACCESSORY BUILDINGS
APPLICANT: GARRY MURPHY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-013-14 be received;
2. THAT the application to amend Zoning By-law 84-63 by Garry Murphy, to legalize the
existing 8 unit apartment building and accessory buildings be approved and that the Zoning
By-law Amendment contained in Attachment 1 to Report PSD-013-14 be passed;
3. THAT a copy of Report PSD-013-14 and Council's decision be forwarded to the Region of
Durham Planning and Economic Development Department and the Municipal Property
Assessment Corporation; and
4. THAT all interested parties listed in Report PSD-013-14 and any delegations be advised of
Council's decision.
Submitted by: /Zp� Reviewed by: ck_
David VCrome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
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4 February 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-013-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: Garry Murphy
1.2 Proposal: To legalize an existing 8 unit rental apartment building and
accessory structures
1.3 Area: Property of 1.625 hectares (4.015 acres)
1.4 Location: 2906 Highway 2, north side, east of Lambs Road and west of
Bennett Road, Bowmanville
2. BACKGROUND
2.1 On July 4, 2012, Garry Murphy submitted applications for zoning by-law amendment and
site plan approval to legalize an existing rental apartment building with existing accessory
structures.
2.2 The lands and existing use have a long history. The oldest portion of the building dates to
1910. Not only a residence, it became a police station and remained so until 1968. From
1968 to 1980 it was a nursing home. In 1980 it was transformed into the current use, a multi
unit rental apartment building. At that time, in Darlington Zoning By-law 2111, the zoning
was Agricultural (A) and permitted single detached dwellings and converted dwellings. No
zoning or building permit approvals were given for the current use.
2.3 The land is designated Future Urban Residential Area in the Clarington Official Plan. Lands
designated Future Urban Residential are not needed within the timeframe of the Official Plan
and may only be used for Agriculture. However, the Future Urban Residential Area policies
of Clarington Official Plan permits Council to consider other interim uses through rezoning
which are further discussed in Section 5 Official Plans of Report PSD-013-14.
2.4 Around the time of purchase of the property by the applicant, it was determined the existing
apartment building was not a legal use. As a result, the applicant applied for a rezoning to
permit the apartment building as an interim use.
2.5 Since the time of the September 10, 2012 Public Meeting, the applicant has been working to
address among other matters, the comments of the Regional Health Department which
included:
• A geo-technical report showing the existing sewage system is capable of serving the
rental apartment building as per the Ontario Building Code;
• A site plan with the above report showing location and size of the current sewage
system, reserve sewage disposal envelope, and location and type of all wells; and
• Total daily design sanitary sewage flow for each unit including numbers for bedrooms,
fixtures and floor area.
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REPORT NO.: PSD-013-14 PAGE 4
2.6 The applicant has submitted the following documents in support of the rezoning application,
and they are discussed in Section 8 Supporting Documents of Report PSD-013-14:
• Letter/Report from Geo-Logic Inc., entitled "Septic Bed Inspection" dated April 5, 2013
and received April 23, 2013;
• Letter/Report from Geo-Logic Inc., entitled "Durham Region Health Department
Response Letter— Beau Villa Apartments" dated July 17, 2013 and received August 13,
2013; and
• Letter/Report from Geo-Logic Inc., entitled "Planning Department Response Letter -
Beau Villa Apartments" dated November 15, 2013 and received December 9, 2013.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The lands have an existing three storey, 8 unit apartment building, and the accessory
structures of: a multi-bay carport, a barn, and a swimming pool with cabana, all of which
occupies the front or south half of the property. The rear or north half is field and valleyland
for a tributary of the Soper Creek.
FIGURE 1
2906 Highway 2, Bowmanville - Front View Looking from the Southeast
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REPORT NO.: PSD-013-14 PAGE 5
3.2 The surrounding uses are as follows:
North - Open Space — Soper Creek Tributary Valley
South - Highway 2 and beyond, Agricultural
East - Low Density Residential
West - Low Density Residential
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement 2005 requires an appropriate range of housing types and
densities to meet needs of future and current residents and the apartment building
contributes to the above required range of types and densities by providing much needed
affordable housing in the form of rental apartments within the Bowmanville Urban Area.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan directs growth to built-up areas where the capacity exists to best
accommodate the expected population. The guiding principles include building compact,
vibrant and complete communities while optimizing the use of existing and new
infrastructure to support growth in a compact efficient form. The application does not require
any new infrastructure. The subject application conforms to the Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands Living Area and being in the
Highway 2 Regional Corridor. Highway 2 is a Type B Arterial and a Regional Transit Spine.
There is a key natural heritage feature (watercourse) at the northwest corner of the site but,
since there is not any new development on the property, it is anticipated there will be no
additional impacts on the feature. The lands are in a High Aquifer Vulnerability Area but, the
apartment building and accessory buildings are not considered a high risk to groundwater
and no additional impacts are anticipated. The application conforms.
5.2 Clarington Official Plan
The Clarington Official Plan predominantly designates the lands Future Urban Residential
Area which permits Agricultural uses. However, the Future Urban Residential policies permit
Council to consider other interim uses, provided such uses:
• are not capital intensive;
• do not require municipal services;
REPORT NO.: PSD-013-14 PAGE 6
• do not adversely impact any natural heritage features shown on Map C; and
• do not jeopardize the orderly future development of the lands for urban uses.
Conformity to the above requirements is discussed in Section 11.5 of Report PSD-013-14.
A small portion of the lands, the northwest corner, is designated Environmental Protection
with a Significant Valleylands feature associated with a tributary of the Soper Creek.
Development is not permitted in this designation. This rezoning application is only for
existing uses all of which are approximately 35 metres away from the latest delineation of
the Environmental Protection Area. An Environmental Impact Study is required for
development within or adjacent to a natural feature. In this case, there is no development
proposed with the rezoning. As a result, an Environmental Impact Study was not required to
recognize the existing building. However, should future redevelopment be proposed, such
development will require a supporting Environmental Impact Study.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 predominantly zones the subject lands Agricultural Exception (A-1) with
the northwest corner being Environmental Protection (EP). The 8 unit rental apartment
building and all of its existing accessory structures are in the Agricultural Exception (A-1)
Zone, which does not permit apartment buildings or their accessory structures, hence the
rezoning application. The Environmental Protection (EP) Zone does not permit any
structures but, none are in or proposed for the lands in this zone.
7. PUBLIC SUBMISSIONS
7.1 The Public Meeting, in accordance with the requirements of the Planning Act, was held on
September 10, 2012. There were no public submissions made at the meeting. Staff has not
received any comments following the Public Meeting.
8. SUPPORTING DOCUMENTS
8.1 Geo-Logic Inc. submitted an initial letter/report with respect to the private sanitary system on
the property in support of the application. This was followed by two letter/reports responding
to comments from the Health Department. The first report entitled "Septic Bed Inspection"
dated April 5, 2013, noted the septic system had considerable septic leakage in several
places. The dysfunctional septic lines were replaced by a licenced installer to restore proper
functioning. Test pits west of the current septic bed confirmed suitability of the area for a
reserve raised leaching bed. The repaired system is reported to be functioning properly
which is consistent with past experiences. Should a new septic bed be installed, the holding
capacity of the septic tank should be further investigated.
8.2 Following comments from the Health Department, a responding letter/report came from Geo-
logic Inc., entitled "Durham Region Health Department Response Letter— Beau Villa
Apartments" dated July 17, 2013. This submission noted that although the installation does
REPORT NO.: PSD-013-14 PAGE 7
not meet current requirements, it appears to function suitably. A site plan was prepared to
show building layout, current septic location, proposed reserve area and on-site well
location. Estimated daily sewage flow was provided, as well as the requirements for a
replacement system.
8.3 In response to further comments from the Health Department another responding
letter/report from Geo-Logic Inc., entitled "Planning Department Response Letter- Beau Villa
Apartments" dated November 15, 2013 and received December 9, 2013 was submitted.
The document reconfirmed Ontario Building Code requirements for 1 bedroom dwellings.
This was incorrectly interpreted in the Health Departments comments. Regional Health on
January 10, 2014, noted its satisfaction with the report findings, and detailed submission
required for repairs completed to the system without building permit.
9. AGENCY COMMENTS
9.1 Central Lake Ontario Conservation Authority and the Public School Board have both advised
they have no objection to the rezoning to recognize the existing uses.
9.2 Durham Region noted the proposed rezoning is permitted in the Regional Official Plan. The
Region requires that their site screening questionnaire be completed by a qualified person
and the Owner. Durham Highway 2 is a Type `B' Arterial Road and on the property frontage
a road widening of approximately 2.5 metres will be required as a dedication. The existing
fence is within the above required road widening and therefore, an encroachment permit is
required.
9.3 The Ministry of the Environment regulates the private water supply for any apartment
building with 6 or more dwelling units, regardless of zoning status. They advised that almost
all their requirements had been met.
10. DEPARTMENTAL COMMENTS
10.1 Engineering Services has no objection to the proposal provided no existing drainage
patterns are altered or adversely affected and impervious area does not increase.
10.2 Building Division had no concerns with the rezoning and Emergency and Fire Services have
issued an Order to Comply with the Ontario Fire Code. They have no concerns with
rezoning provided the Owner continues working to correct deficiencies.
11. DISCUSSION COMMENTS
11.1 Durham Region Health noted three document requirements related to the repairs
undertaken to the existing system. These requirements will be incorporated as conditions of
the related site plan approval.
REPORT NO.: PSD-013-14 PAGE 8
11.2 Durham Region Planning noted the proposed rezoning is permitted in the Regional Official
Plan and has asked that their site screening questionnaire be completed. The applicant has
completed the Clarington site screening questionnaire and it is noted that this proposal is for
legalization of a residential land use that has existed for 45 years, as a nursing home and
then later as apartments.
11.3 Durham Region Works required a road widening dedication and an encroachment permit for
the existing fence that will be within said road widening, these requirements will be
conditions of the related site plan approval.
11.4 Clarington Engineering Services is not concerned with the rezoning as almost all changes
are within the apartment building, and drainage patterns and impervious area are
unchanged. Building Division advised that its requirements will be addressed through the
building permit process after rezoning approval and site plan approval; similarly Emergency
and Fire Services, after rezoning approval and site plan approval, will continue to enforce its
Order to Comply with the Ontario Fire Code.
11.5 Rental apartments are needed in Clarington for affordable housing and these are already
part of the supply. Legal recognition of a residential use that has existed for 45 years should
not negatively affect the existing neighbourhood or future development in the area.
Given that access is provided by Highway 2 — a Regional Corridor, it is an apartment
building that is in an accessible location, and legalizing this apartment building use does not
require the extension of municipal services.
The apartment building does require an investment to satisfy requirements of the Ontario
Fire and Building Codes, but not nearly to the extent necessary for a new development.
To date, the Planning Services Department has no record of a complaint about this use. All
property taxes have been paid in full.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 Approval of the application and adoption of the by-law contained in Attachment 2 is
recommended to recognize the existing 8 unit rental apartment building.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Bob Russell, Planner II
Attachments:
Attachment 1 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Garry Murphy
ATTACHMENT
TO REPORT PSD-013-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
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 Municipality of
Clarington for ZBA 2012-0011;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15 "URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby
amended by introducing new subsection 15.4.37 URBAN RESIDENTIAL
EXCEPTION (R4-37)ZONE as follows:
15.4.37 URBAN RESIDENTIAL EXCEPTION (R4-37)ZONE
Notwithstanding Sections 3.1 d. and e., 15.2 d. i) and ii) and 15.3 those lands
zoned R4-37 on the Schedule to this By-law shall be subject to the following
zone regulations:
a. Accessory Building Floor Area(maximum) 625 square metres
b. Accessory Building Height(maximum) 12 metres
c. Dwelling Unit Area: One Bedroom and Bachelor(minimum)
30.75 square metres
d. Municipal Servicing Requirement - No use may be established on the
property unless the private, individual water supply system is approved by the
Ministry of the Environment and the private, individual sanitary sewage
system is approved by the Durham Region Health Department.
2. Schedule"3" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural Exception (A-1) Zone" to
"Urban Residential Exception (R4-37) Zone" and "Environmental Protection (EP)
Zone"as illustrated on the attached Schedule"A" hereto.
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 passed in open session this day of March,2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is schedule "A" to By-law 2014- ,
passed this day Of , 2014 A.®.
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