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Report To: Planning and Development Committee
Date of Meeting: May 15, 2017
Report Number: PSD-030-17
File Number: ZBA2017-0004
Resolution Number: PD-091-17
By-law Number: 2017-046
Report Subject: An Application by Brookfield Residential to Amend the Zoning
By-law to facilitate a temporary homes sales pavilion, 995 Regional
Road 17, Newcastle
Recommendations:
1.That Report PSD-030-17 be received;
2.That provided there are no substantive concerns raised, that the proposed application for
Rezoning ZBA2017-0004 by Brookfield Residential be approved and the By-law
contained in Attachment 1 be adopted;
3.That a by-law to remove the (H) Holding Symbol be forwarded to Council once the
Minimum Distance Separation has been confirmed to comply and all the requirements of
the Clarington Official Plan are satisfied;
4.That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-030-17
and Council’s decision; and
5.That all interested parties listed in Report PSD-030-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-030-17 Page 2
Report Overview
Staff has received a proposal by Brookfield Residential to amend the Zoning By-law to rezone
from “Agricultural Exception (A-1)” to a zone that facilitates a temporary home sales pavilion,
with a related 15 space parking area. Brookfield Residential proposes to sell homes for a draft
approved subdivision south of the subject site, located between Regional Road 17 and Arthur
Street, north of the Railway.
1. Application Details
1.1. Owner: Go Home Investments Inc.
1.2. Applicant/Agent: Brookfield Residential
1.3. Proposal: Amend Zoning By-law 84-63 to rezone from “Agricultural
Exception (A-1)” to “Agricultural Exception (A-91)”
1.4. Area: 17.17 hectares (42.43 acres)
1.5. Location: 995 Regional Road 17, Newcastle (see Figure 1)
1.6. Roll Number: 18-17-030-030-04100
1.7. Within Built Boundary: No
2. Background
2.1. The proposal is to rezone a small portion of the property known as 995 Regional Road 17
to permit the placement of a trailer on a vacant site for a sales pavilion for the Draft
Approved subdivisions in the North Village Neighbourhood between Regional Road 17
and Arthur Street, north of the Railway (see Figure 1). The applicant has applied for a
related site plan approval. A driveway off Regional Road 17 will have to be built to
access the site. The rezoning application is required as the sales pavilion, although on
Brookfield-owned lands designated Urban Residential, will be north of the limits of the
Draft Approved Plan of Subdivision.
Municipality of Clarington
Report PSD-030-17 Page 3
Figure 1: Site Plan Location, north of existing house and shed
Figure 2: Sales Pavilion Front Elevation
Municipality of Clarington
Report PSD-030-17 Page 4
Figure 3: Existing, Condition of Sales Pavilion Site
3. Land Characteristics and Surrounding Uses
The land is currently used for agricultural purposes.
The surrounding uses are as follows:
North - Agricultural Fields
South - Residence & Agricultural Fields
East - Agricultural Fields
West - Regional Road 17 & Residential
4. Provincial Policy
4.1 Provincial Policy Statement and Provincial Growth Plan
The Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe
addresses the need to maintain and direct land use to achieve efficient development and
land use patterns. Land use must be carefully managed to accommodate appropriate
development to meet the full range of current and future needs, while achieving efficient
development patterns. The proposed temporary use of a portion of the property will
provide an interim use that supports the future urban residential neighbourhood it is
located in.
Municipality of Clarington
Report PSD-030-17 Page 5
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the property as ”Living Areas”. The
proposed temporary use supports the future urban residential neighbourhood it is located
in. It appears to conform to the Durham Region Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject lands Urban Residential – Low
Density subject to Special Policy Area G. Special Policy Area G recognizes a nearby hog
operation northeast of the subject site and its related Minimum Distance Separation
(MDS) area of influence. The proposed temporary use supports the future urban
residential neighbourhood it is located in – North Village, while allowing for future
development of said neighbourhood. The area of influence is to exist as long as the hog
farm or similar livestock use exists, or the building has capacity to house livestock.
Section 23.4.4 of the Official Plan allows Council to pass Temporary Use By-laws subject
to conditions. The Official Plan policies relating to Temporary Use By-laws state that
Temporary Use By-laws may be passed to permit the use of lands, buildings or
structures, on a temporary basis, for any purpose provided that:
a) is temporary in nature;
b) is compatible with the adjacent existing land uses, there is minimal impact on the
Natural Features and Land Characteristics on Map ‘C’, or satisfactory measures to
mitigate any adverse impact will be applied;
c) there will be no adverse impacts on traffic or transportation facilities or services in
the area;
d) adequate access and parking are provided;
e) the use can be removed and the site can be restored to its original condition;
f) adequate sewage disposal and water services are available in compliance with
provincial and regional standards; and
g) it does not jeopardize the long term implementation of the plan.
Generally, the extension of any temporary use by-law beyond a period of 10 years will not
be permitted. The proposal conforms to the Clarington Official Plan.
5.3 Clarington Official Plan as amended by Amendment 107
The subject lands are designated Urban Residential – Low Density. The proposed
temporary use supports the future urban residential neighbourhood it is located in, while
allowing for future development. Section 23.4.4 of the Official Plan allowing temporary
rezonings has remained and is unchanged in any significant way. The proposal conforms
to the Amendment 107 Clarington Official Plan.
Municipality of Clarington
Report PSD-030-17 Page 6
6. Zoning By-law
The property is currently zoned “Agricultural Exception (A-1)” which does not permit the
use of a temporary sales pavilion and associated parking, hence the rezoning application.
7. Public Notice and Submissions
7.1 Public Notice was mailed to each landowner within 120 metres of the subject property
and a public meeting sign was installed on the Regional Road 17 frontage 18 days prior
to the Public Meeting.
7.2 As of writing this report, Staff has not received any inquiries.
8. Agency Comments
8.1 The Ganaraska Region Conservation Authority does not require circulation and has no
comments.
8.2 The proposal has been reviewed by the Region of Durham Planning and Economic
Development Department who have no concerns with the rezoning.
8.3 Access to the site for the temporary use is from Regional Road 17. The proposed access
is located over 350 metres south of the intersection of Regional Road 17 and Concession
Road 3 and does not have any sight line constraints.
9. Departmental Comments
Engineering Services advised they have no objection to the temporary rezoning. The site
plan will be reviewed for compliance to engineering standards for grading and drainage,
site alteration and on-site movements.
Emergency and Fire Services has no fire safety concerns.
10. Discussion
10.1 This proposal conforms to the Clarington Official Plan with respect to temporary uses.
There is some discussion required on the exact location of the sales pavilion with respect
to the minimum distance formula, road access and relationship to the neighbouring
residential uses on the west side of Regional Road 17. This can be examined further at
the site plan stage, provided that the rezoned area is sufficiently large to be flexible.
10.2 The minimum distance separation from the former hog operation must meet the
requirements of the Province’s March 1, 2017 MDS requirements. An assessment of the
capacity of the existing, unused farm buildings is required to confirm the building is
outside of the setback arc. It is anticipated that the proposed location will be beyond the
setback arc. The applicant has been informed of the need to gather the capacity
Municipality of Clarington
Report PSD-030-17 Page 7
information and confirm the required setback.
11. Concurrence
Not Applicable.
12. Conclusion
Given the minor and temporary scale of this proposal and that no public inquiries have
been made, it is recommended that the application be approved, provided there are no
concerns raised at the public meeting.
13. 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: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell@clarington.net
Attachment 1: Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council’s decision.
Joanne Fung, Brookfield Residential
BR/CP/tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0004 Brookfield Sales Trailer\Staff Report\PSD-030-17.docx
Municipality of Clarington Attachment 1 to PSD-030-17
Corporation of the Municipality of Clarington
By-law Number 2017-0XX
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
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 ZBA2017-0004;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 6.4 “Special Exceptions - Agricultural (A) Zone” is hereby amended by
introducing a new subsection 6.4.91 as follows:
“6.4.91 Special Exceptions – Agricultural (A-92) Zone
Notwithstanding Section 3.12, 3.26, 6.1, 6.2 and 6.3 c) i), those lands zoned A-92
as shown on Schedule “A” attached to this By-law may, in addition to the other
uses permitted in the Agricultural (A) Zone, be used for a Temporary Sales Office,
subject to the following zone regulations:
a) Yard Requirements
i) Setback from Regional Road 17 (minimum) 24 metres
b) Loading Spaces (minimum) 0
Pursuant to the requirements of Section 39 of the Planning Act, 1990, as
amended, this use may be permitted for a period of three years, ending on May
23, 2020.”
2. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural Exception (A-1) Zone" to "Holding -
Agricultural Exception (H))A-92) 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 Sections 34, 36 and 39 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2017
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
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Trailer\Staff Report\PSD -030-17 Draft Zoning By-law.docx