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Home My WebLink AboutPSD-002-18Clarftwa PI nnin Services Planning Se ces 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: January 8, 2018 Report Number: PSD -002-18 Resolution Number: File Number: ZBA2017-0026 By-law Number: Report Subject: An Application by Lancaster Homes Inc. Application for Rezoning to Extend the maximum three (3) year period for a Temaorary New Homes Sales Facilitv Recommendations: 1. That Report PSD -002-18 be received; 2. That the application to amend the Zoning By-law submitted by Lancaster Homes Inc. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -002-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -002-18 and Council's decision; and 4. That all interested parties listed in Report PSD -002-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -002-18 Report Overview Page 2 Lancaster Homes Inc. proposes to extend the use of an existing temporary home sales pavilion related to an approved subdivision in the Brookhill Neighbourhood for an additional three years. No changes would occur on site if the application is approved. The application has been deemed complete. 1. Application Details 1.1. Owner: West Diamond Properties Inc. 1.2. Applicant: Lancaster Homes Inc. 1.3. Proposal: To amend the Zoning By-law to extend the maximum three (3) year period for a temporary homes sales pavilion another three (3) years 1.4. Area: 4,765.5 square metres 1.5. Location: 2101 Green Road, Bowmanville (southeast corner of the Green Road/Brookhill Boulevard intersection and northwest of Clarington Central Secondary School) 1.6. Roll Number: 1.7. Within Built Boundary: 2. Background 18-17-010-030-01730 Yes 2.1. On August 28, 2017, Lancaster Homes Inc. submitted an application to extend the use of an existing temporary home sales pavilion related to an approved subdivision in the Brookhill Neighbourhood for an additional three years. The site is used by Lancaster Homes and Falconcrest Homes Ltd. Municipality of Clarington Report PSD -002-18 Page 3 3. Land Characteristics and Surrounding Uses Brookhill Boulevard Subject Site o m` a� - �7 Existing Sales Trailer rIaringtan Central r Second ry School Figure 1: Site Plan Location, north of Clarington Central Secondary School 3.1 The surrounding uses are as follows: North - Vacant/Proposed Draft Plan of Subdivision S -C-2012-0003 South - Public Secondary School East - Vacant portion of the property and Brookhill Boulevard West - Single, semi and townhouse units 4. Provincial Policy 4.1 Provincial Policies The Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe address 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 -002-18 5. Official Plans 5.1 Durham Regional Official Plan Page 4 The Durham Region Official Plan designates the property as "Regional Centre". The proposed temporary use supports the future urban residential neighbourhood it is located near. It appears to conform to the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the site as "Bowmanville West Town Centre". It is identified as "Community Facility" within the Bowmanville West Town Centre Secondary Plan. Town Centres shall be developed as the main concentrations of urban activity in each community with the Town Centres providing a fully integrated array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. Community Facilities, within the Bowmanville West Town Centre, shall include uses such as public recreation facilities, religious institutions, public and private schools, housing for persons with special needs and municipal facilities. Although the proposed use does not meet the definition of a Community Facility use, the Clarington Official Plan allows Council to pass temporary use by-laws to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: a) the proposed use it temporary in nature; b) the proposed use is compatible with adjacent existing land uses, there is minimal impact on the Natural Heritage System, or satisfactory measures to mitigate any adverse impacts 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. Municipality of Clarington Report PSD -002-18 6. Zoning By-law Page 5 Within Zoning By-law 84-63, the subject lands are zoned "Agricultural Exception (A-41)". This allowed a new home sales facility between October 4, 2013 and October 4, 2017. This facility has not had available product to sell in recent months and has not been open. The proposed rezoning would permit the continued use as a temporary sales presentation centre, for an additional three years. 7. Public Notice and Submissions Public Notice was given by mail to each landowner within 120 metres of the subject site and Public Notice Signage was installed on both the Green Road and the Brookhill Boulevard frontages by Dec. 6, 2017. No inquiries regarding the subject application were received at the time this report was written. 8. Agency Comments Given that this was an extension of a temporary use and that no agencies had concerns with the use three years ago, a limited circulation was undertaken. The Public School Board received notice as a property owners within 120 metres of the site and advised that they had no objection. 9. Departmental Comments 9.1 Engineering Services had no objections to the extension of the temporary zoning, in principle, and had no other comments. 9.2 The Building Division had no comments. 9.3 Emergency and Fire Services had no fire safety concerns. 10. Discussion 10.1 Notice was originally mailed for a public meeting on November 13, 2017, Planning and Development Committee agenda. Unfortunately as public notice signs were not posted on the property in compliance with the Planning Act, the meeting was cancelled and rescheduled to January 8, 2018 10.2 The sales facility has recently been used by Lancaster Homes Inc. and Falconcrest Homes Ltd. for new home sales in the Brookhill neighbourhood. The extension to the temporary sales facility is required as subsequent phases will be registered and the lots released for sale. 10.3 The subject site is an appropriate site for the sales facility, however was previously zoned "Agricultural (A)" prior to the passing of the by-law in October 2010. The "A-41" Zone is specific to this sales facility. Municipality of Clarington Report PSD -002-18 11. Concurrence Not Applicable. 12. Conclusion Page 6 Provided there are no objections during the Public Meeting, and in consideration of all agency, staff and public comments, it is respectfully recommended that the proposed Temporary Use By-law included as Attachment 1 be approved. 13. Strategic Plan Application Not Applicable. Submitted by: David J. Crome, MCIP, RPP Director of Planning Services Reviewed by Andrew C. Allison, B. Comm. LL.B. Chief Administrative Officer Staff Contact: Bob Russell, Planner 2, 905-623-3379 ext. 2421 or brussell .clarington.net Attachment: Attachment 1 — Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: David Ribeiro BR/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0026 2101 Green Road\Staff Report\PSD-002- 18.docx Attachment 1 to Report PSD -002-18 Corporation of the Municipality of Clarington By-law Number 2018 - 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 ZBA2017-0026; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.41 "SPECIAL EXCEPTIONS — AGRICULTURAL EXCEPTION (A- 41) ZONE" is hereby amended by deleting the following words: "October 4, 2017" And replacing them with the following words: "January 15, 2021". 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 of the Planning Act. By -Law passed in open session this day of .2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk JAREPORTS TO CLERKS\Electronic Reports\2 - Signed by CAO\PDC January 8\PSD-002-18\Attachment 1 to PSD-002-18.docx This is Schedule "A" to By-law 2018- , passed this day of 12018 A.D. Brookhill Boulevard c� 0 OC a� a� C� Zoning To Remain A-41 N Adrian Foster, Mayor Bowmanville . ZBA 2017-0026 . Schedule 3 C. Anne Greentree, Municipal Clerk