Town of Fort Erie Our Focus: Your Future Community &Development Services Prepared for Council-in-Committee Report No. CDS-19-13 Agenda Date February 4, 2013 File No. 350302-0073 Subject OFFICIAL PLAN AMENDMENT 11-PROPOSED HOUSEKEEPING AMENDMENTS TO TOWN OF FORT ERIE OFFICIAL PLAN TO PERMIT ACCESSORY APARTMENTS IN AGRICULTURAL, RURAL AND RURAL RESIDENTIAL DESIGNATIONS. Recommendations THAT THAT Council adopt the proposed amendment to Agricultural, Rural and Rural Residential policies of the Official Plan, attached as Appendix 1 to this report, by by-law, and further Planning staff be directed to assemble the necessary amendment package to forward to the Region for approval. Relation to Council s 2011-2014 Corporate Strategic Plan Priority: Financial Stewardship Goal 11: Cost Effective Delivery of Town Services Initiative 11.2: Maximize our strengths and examine opportunities for improving efficiency and effectiveness of Town service delivery. List of Stakeholders Town of Fort Erie Property Owners and Ratepayers Region of Niagara Prepared by: Submitted By: Approved by: Original Signed Original Signed Original Signed Dave Heyworth, MCIP, RPP Manager, Land Use Policy Richard F. Brady, MA, MCIP, RPP Director of Community and Development Services Ron Tripp, P.Eng Acting Chief Administrative Officer
Community and Development Services Purpose of Report Page 2 of 3 Report No. CDS-19-13 The purpose of this report is to provide Council with a recommendation pertaining to the adoption of the Town initiated Housekeeping Official Plan Amendment 11. Background On January 14, 2013 Council-in-Committee received Information Report CDS-05-13, providing background on the purpose of the proposed, benefit and context of the proposed amendment. Council should refer to this report for background. No persons attended the Public Meeting on January 14, 2013 either in support or opposition to the amendment. Further no members of the public raised specific verbal concerns relative to this amendment at the December 11, 2012 Open House. The amendment proposes to amend sections of the Official Plan to allow accessory apartments in dwellings in agricultural, rural and rural residential areas, subject to similar policy direction for such a use in the Urban Residential section of the Official Plan with the addition of a policy to require regional approval for a sustainable private sewage disposal system. As previously mentioned the Town s Zoning By-law currently allows accessory apartments within dwellings in Agricultural, Rural and Rural Residential zones. The proposed amendment and draft adopting by-law is attached as Appendix 1. Appendix 1 identifies the basis of the amendment and provides the policy context. Upon the approval of the recommendations of this report, the adopting by-law and amendment package will be provided to Council for approval. The contents of Part C of the package will be included at that time. Analysis In addition to increasing the stock of affordable rental accommodation in an area, accessory apartments within these designations provide the following other benefits: provide homeowners with an opportunity to earn additional income to help meet the costs of homeownership; support changing demographics by providing more housing options for extended families or elderly parents, or for a live-in caregiver or farm help; create jobs in the construction/renovation industry; given accessory apartments will be within the dwelling there will be no opportunities for further severances of separate dwelling units which is in keeping with provincial policy for these areas; in some cases, accessory apartments within dwellings in agricultural areas(rather than a separate unit) further minimizes disturbances to agricultural lands.
Community and Development Services Financial/Staffing Implications Page 3 of 3 Report No. CDS-19-13 The proposed housekeeping amendments and all related work has been completed internally by Planning Department staff. Policies Affecting Proposal Policies affecting the recommended amendment are contained in the Town s Official Plan as well as other applicable Provincial Regulations. The proposed housekeeping amendment conforms to Provincial and Town Planning policy. Comments from Relevant Departments/Community and Corporate Partners This Housekeeping Amendment (OPA 11) was circulated to relevant Departments/ Community and Corporate partners on December 14, 2012. The Region has advised the amendments are minor and have no substantive effect on Regional interests. Regional staff supports the amendment in this regard. The Region is the approval authority for this amendment. Alternatives N/A Conclusion The amendment proposes to amend sections of the Official Plan to allow accessory apartments in dwellings in agricultural, rural and rural residential areas, subject to the same policy direction for such a use in the Urban Residential section of the Official Plan. The Region is the approval authority for this amendment. Attachments Appendix 1 - Proposed Official Plan Amendment for accessory apartments in Agricultural, Rural and Rural Residential designations
The Municipal Corporation of the Town of Fort Erie DRAFT BY-LAW NO. xxx-12 BEING A BY-LAW TO ENACT AN AMENDMENT TO THE OFFICIAL PLAN FOR THE TOWN OF FORT ERIE AMENDMENT NO. 11 ACCESSORY APARTMENT IN AGRICULTURAL, RURAL AND RURAL RESIDENTIAL DESIGNATIONS File No. 350302-0073 THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF FORT ERIE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 17 OF THE PLANNING ACT S.O. 1990 HEREBY ENACTS AS FOLLOWS: 1. Amendment No.11 to the Official Plan for the Town of Fort Erie consisting of the attached explanatory text is hereby adopted. 2. This by-law shall come into force and take effect on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS TH DAY OF 2013. MAYOR CLERK I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. -13 of the said Town. Given under my hand and the seal of the said Corporation this day of,2013.
AMENDMENT NO. 11 TO THE OFFICIAL PLAN FOR THE TOWN OF FORT ERIE 2
CONTENTS PART "A" - THE PREAMBLE Section 1 - Title and Components Section 2 - Purpose of Amendment Section 3 - Location of this Amendment Section 4 - Basis of this Amendment Section 5 - Implementation PART "B" - THE AMENDMENT Introductory Statement Details of the Amendment PART "C" - THE APPENDICES Appendix 1 - Plan Showing Subject Lands (Location Map) Appendix 2 - Notice of Public Information Processes Appendix 3 - Public Meeting Minutes Appendix 4 - Circulation Comments 3
PART "A" - THE PREAMBLE SECTION 1 TITLE AND COMPONENTS This document, when approved in accordance with Sections 17 of The Planning Act, 1990, shall be known as Amendment No. 11 to the Official Plan of the Town of Fort Erie. Part "A", the Preamble does not constitute part of this amendment. Part "B", the Amendment, consisting of the following text constitutes Amendment No. 11 to the Official Plan of the Town of Fort Erie. Also attached is Part "C", the Appendices, which does not constitute part of this amendment. These Appendices contain the background information, planning considerations and public involvement associated with this amendment. SECTION 2 PURPOSE OF THE AMENDMENT The Official Plan permits accessory apartment units within existing single detached dwellings in the Urban Residential designation only, subject to certain conditions. The Zoning By-law currently allows these accessory units within existing dwellings within agricultural, rural and rural residential zones subject to specific zoning provisions. This amendment proposes to permit accessory residential units within the Agricultural, Rural and Rural Residential designations of the Official Plan subject to specific conditions. SECTION 3 LOCATION AND SETTING OF THE AMENDMENT The lands, which are the subject of this amendment, are lands designated as Agricultural, Rural and Rural Residential on Schedule A of the Official Plan SECTION 4 BASIS OF THE AMENDMENT The basis for permitting this amendment is as follows: a) The Town s Zoning By-law currently allows accessory apartments within dwellings in Agricultural, Rural and Rural Residential zones; b) The proposed amendment is in keeping with provincial objectives for providing for secondary residential units. 4
c) Accessory apartments within these designations provide the following other benefits: provide homeowners with an opportunity to earn additional income to help meet the costs of homeownership; support changing demographics by providing more housing options for extended families or elderly parents, or for a live-in caregiver or farm help; create jobs in the construction/renovation industry; given accessory apartments will be within the dwelling there will be no opportunities for further severances of separate dwelling units which is in keeping with provincial policy for these areas; in some cases, accessory apartments within dwellings in agricultural areas(rather than a separate unit) further minimizes disturbances to agricultural lands. SECTION 5 IMPLEMENTATION The proposed amendment will permit an accessory apartment unit within an existing dwelling in an Agricultural, Rural or Rural Residential designation on Schedule A of the Official Plan. 5
All of this part of the document entitled "Part "B" - The Amendment" consisting of text changes constitute Amendment No. 11 to the Official Plan adopted by By-law No. 150-06 for the Town of Fort Erie Planning Area. The Official Plan for the Town of Fort Erie, as amended, is hereby further amended by the following text change: Text Changes: The Policy set out below, is proposed to be added to the Agricultural Section as Policy 4.5.2 VII, Rural Section as Policy 4.6.2 VI and Rural Residential Section as Policy 4.7.5.1 X. The creation of an accessory apartment within an existing single detached dwelling shall be subject to the following requirements: (a) The lot size and configuration are sufficient to accommodate adequate parking and open spaces; (b) The building age and condition are capable of supporting the intensified use and the building code requirements as well as health and safety requirements, can be satisfied; (c) Accessory apartments shall be permitted in compliance with all relevant Zoning By-law provisions; (d) Accessory apartments, while permitted in basements, are not be permitted in the cellar area of a dwelling; (e) The availability and adequacy of municipal services to accommodate the increased density; (I ) The accessory apartment shall be approximately 45 sq. m. (584 sq. ft.); and (g) Regional approval for a sustainable private sewage disposal system. 6
PART C - THE APPENDICES Appendix 1 Location Map Appendix 2 - Notice of Public Meeting Appendix 3 - Public Meeting Minutes Appendix 4 - Circulation comments 7