The URL can be used to link to this page

Home My WebLink AboutPSD-034-07 REPORT PLANNING SERVICES PUBLIC MEETING Clw:il1glOn Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 26, 2007 Report #: PSD-034-07 File #: ZBA 2007-0012 & SPA 2007-0012 6PA ',;2?)-c C) By-law #: ..2Clq..-OI:, S Subject: REZONING TO PERMIT A TEMPORARY SALES OFFICE APPLICANT: 1707526 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-034-07 be received; 2. THAT provided that there are no major issues raised at the Public Meeting the rezoning application submitted by 1707526 Ontario Limited be APPROVED and that the attached Zoning By-law Amendment be passed by Council; 3. THAT a copy of Report PSD-034-07, and the attached amending By-law be forwarded to the Durham Regional Planning Department and the Municipal Property Assessment Corporation; and 4. THAT the Region of Durham, the applicant, all interested parties listed in this report and any delegations be advised of Council's decision and forwarded a Notice of Adoption. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director, Planning Services ~Q.~ Reviewed b . . --' Franklin Wu Chief Administrative Officer SA2*DJC*jd 15 March 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-034-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1707526 Ontario Limited 1.2 Owner: 1707526 Ontario Limited 1.3 Proposal: To rezone the subject lands from "Agricultural (A)" Zone to an appropriate zone to permit a temporary sales office for a condominium development located on the southwest corner of Highway NO.2 and Green Road. 1.4 Area: 0.43 ha (4,292 m2) 1.5 Location: Part Lot 17, Concession 1, former Township of Bowmanville, Municipally known as 2345 Highway 2, Bowmanville. 2.0 BACKGROUND 2.1 On February 20, 2007, 1707526 Ontario Limited submitted an application to rezone 0.43 hectares at 2345 Highway 2 to permit a 247m2 temporary residential sales office for condominium development on adjacent lands. 2.2 The applicant has concurrently applied for site plan approval for a sales office for condominium development on adjacent land to the east, which is proposed to operate out of the existing residential building located on the subject lands. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property and area subject to rezoning is 0.43 hectares, with a single detached dwelling and a detached garage. 3.2 The surrounding uses are as follows: North - South - East - Highway 2 and beyond, Commercial lands Residential Vacant Residential lands, subject to an application for Plan of Condominium Residential West - REPORT NO.: PSD-034-07 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The application does not conflict with the Provincial Policy Statement. 4.2 Provincial Growth Plan This application takes account of the province's initiative to provide greater choice for housing types in order to meet the needs of people at all stages of life. This application conforms. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the subject lands as Living Area. A home sales office is permitted. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the subject lands Urban Residential. The Plan permits temporary use by-laws subject to a number of provisions. Under the Planning Act, temporary use by-laws are required to be renewed every three (3) years. The proposed use conforms to this Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63, as amended, zones the subject lands "Agricultural (A)" Zone. The proposed use does not conform to the uses permitted in this zone and therefore this rezoning application is required. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands and a public notice sign was installed on the Highway 2 frontage. 7.2 The Planning Services Department has received no inquiries about the proposed rezoning to date. 8.0 AGENCY COMMENTS 8.1 The rezoning application and notice of public meeting was circulated to various agencies and other departments by the Planning Services Department. Comments REPORT NO.: PSD-034-07 PAGE 4 received to date are as follows: . Clarington Emergency and Fire Services indicated that there were no fire safety concerns. . Clarington Engineering- Building Services Department had no objection to the proposal, however, indicated that a building permit is required. . Clarington Engineering- Engineering/Parks Department did not express concerns with respect to the proposed use of the of the subject lands as a temporary sales office. Issues such as grading, drainage and parkland dedication will be addressed during the site plan review process. . Durham Regional Planning indicated that there were no objections from a land use perspective. . Durham Regional Works Department had no objections to the proposed use. . Durham Regional Health Department indicated that they have no objections to the temporary zoning of the subject property. 9.0 STAFF COMMENTS 9.1 The applicant is requesting a temporary use by-law for a sales office for adjacent condominium development. The proposal includes the expansion of the paved area to accommodate additional parking on site and a ramp to provide for full accessibility. The existing house will be used for the sales office in its current form with interior alterations. The proposed use conforms to the policies of the Durham Regional and Clarington Official Plans for the Living Area and Urban Residential designations respectively. The sales office allows the promotion of a form of housing which makes efficient use of land and infrastructure within the Bowmanville Urban Area, further diversifying Clarington's housing stock. 9.2 A temporary use may be permitted subject to the conditions set out in the Clarington Official Plan, to which the proposed use conforms. The proposed by-law to authorize a temporary sales office on the subject land shall be in effect for not more than a period of three (3) years from the day of the passing of the by-law. Upon the expiration of the proposed by-law permitting the temporary use, the zoning will revert back to the existing "Agricultural (A)" zoning, provided no further application to rezone or extend the temporary use is received by the Municipality. 9.3 The applicant has applied for site plan approval. Agency comments and issues pertaining to the review of all sales material to ensure accuracy will be addressed through the site plan review process. 9.4 Also on this agenda for the General Purpose and Administrative Committee is a report that recommends the approval of an Official Plan and Zoning By-law Amendment for the proposed condominium development on the adjacent lands. REPORT NO.: PSD-034-07 PAGE 5 10.0 CONCLUSION 10.1 Currently, no objections or concerns have been received through public notice or agency comments. Given the temporary nature of the proposed use, staff recommends that the application to rezone the subject lands from "Agricultural (A)" to "Urban Residential Exception (R1-68)" Zone to permit the use of a Temporary Sales Office for condominium development for a period of up to three years expiring April 2, 2010 be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law It.f~ la,,[lO>l 1--T I ~I.t li~ .~ l f ~ AI'1E.b L~+ ~r.....tll'l I I )1l "P'7e, ~~(~i'N?;,<if) ~I~ '" ,] 0\ }. ~1- ~ ~ ..~ I PL.! IN<;r"N~.._#l--!!D 11/7/0 1/3/'27C /-~_. (P,414/" 6 ) --------..... .~, "L 2 ~~. \\. \ \ I , DUNijURY HOMES CONDOMINIUM PROJECT J Property Location Map ( Bowmanville ) o <( o 0:: z w w 0:: (!) ZBA 2007-0012 Zoning By-law Amendment c} ~ "'0 o ;:+ "U~ CJ>Q) 00 I~ 83 ~CD I ::::J 0.... ~...... SPA 2007-0012 Site Plan Application Owner: 1707526 Ontario Limited CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- 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 2007-0012; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule 12.4 "SPECIAL EXCEPTIONS- URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exception 12.4.68 as follows: 12.4.68 URBAN RESIDENTIAL EXCEPTION (R1-68) ZONE. Notwithstanding Section 12.1, those lands zoned R1-68 on the Schedules to this By-law shall only be used for a Temporary Sales Office. For the purpose of this section, Temporary Sales Office shall mean a temporary building used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing of residential units within a draft approved condominium plan. Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three years, ending April 2, 2010. 2. Schedule "3" to By-law 84-63, as amended, is herby further amended by changing the zone designation from "Agricultural (A)" to "Urban Residential Exception (R1-68)" as illustrated on the attached schedule "A" hereto. 3. 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 read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 2 To Report PSD-034-07 This is Schedule "A" to By-law 2007- , passed this day of 'I 2007 A.D. }jlJ ---. 1= ~." I I ------." ,. -- --------------- " ~I~~ --------= ---------- ~\ '\\, '1~ I ' I I I I o <( o c::: z w w c::: C!) Dunbury Homes Condominium Project r / /~ Zoning Change From "A" To IR1-68" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk '\. J L--j o '" ~ ::J o '" J Bowmanville