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HomeMy WebLinkAboutPSD-086-08 C/JJ!:inglOn Report #: REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 8, 2008 ~-e5D)lJ.- ~'oV\ -t-I(] PI} -Lf15--o'l PSD-086-08 File #'5: ZBA 2008-0014 and By-law #:d 0C7')j-1 ':5 fo SPA 2008-0009 Meeting: Date: Subject: REZONING APPLICATION TO PERMIT THREE (3) TEMPORARY SALES TRAILERS AND ASSOCIATED PARKING LOT FOR A MAXIMUM OF THREE (3) YEARS APPLICANT: 668390 ONTARIO L TO. (KAITLlN GROUP) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-086-08 be received; 2. THAT provided there are no significant objections to the application during the public meeting, the application submitted by 668390 Ontario Ltd. to change the zoning to permit three (3) temporary sales trailers and an associated parking lot for a maximum of three (3) years be APPROVED; 3. THAT the attached by-law to change the zoning from "A" to "A-82" be passed; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by: ( ") ~~ vid J. Cr me, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer August 28, 2008 MK*CP*sh*sn*df 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-086-08 PAGE 2 1.0 APPLICATION DETAILS 1.4 Location: 668390 Ontario Ltd. (Kaitlin Group) Kelvin Whalen Zoning change from "Agricultural (A)" to permit a new home sales pavilion with three (3) sales trailers and an associated parking lot. Part Lot 15, Concession 1, Former Township of Darlington (Attachment 1) 1.1 Applicant: 1.2 Agent: 1.3 Rezoning: 2.0 BACKGROUND 2.1 On May 22, 2008 Staff received applications from 668390 Ontario Ltd. for a zoning amendment and site plan approval to permit a new home sales pavilion with three (3) sales trailers and an associated parking lot located at the southwest corner of Martin Road and Regional Highway 2 in Bowmanville. The applicant wishes to change the zoning and locate the trailers only on the portion of the property located south of the future Prince William Boulevard extension and north of the Canadian Pacific Railway (Attachment 1). 2.2 The applicant currently has the three (3) sales trailers and an associated parking lot located at 10 Martin Road just south of the Canadian Pacific Railway at the corner of Martin Road and Aspen Springs Drive. The operation received site plan approval on May 12, 2006 (SPA 2005-0039). In consideration of the rezoning and site plan application being considered by the Municipality of Clarington for a service station, car wash and drive-through restaurant at 10 Martin Road, the applicant wishes to relocate the existing trailers onto the subject property north of the Canadian Pacific Railway. 2.3 The Site Plan application has had its preliminary review, and all comments made by applicable agencies and Municipal Departments were provided to the applicant on August 21,2008 for action thereon. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property has existing non-residential and residential buildings on site, most of which were built in the 1950's, situated north of the future Prince William Boulevard. The part of the property located south of the future Prince William Boulevard is currently vacant land. The applicant wishes to change the zoning on the south part of the property only, so the application does not include the area of the property north of the future Prince William Boulevard. REPORT NO.: PSD-086-08 PAGE 3 3.2 The surrounding uses are as follows: North: South: East: Garnet B. Rickard Recreation Complex Canadian Pacific Railway and existing sales trailers south of tracks Vacant land (zoned "Agricultural (A)") and some residential properties further south along Martin Road Vacant land (zoned "Agricultural (A)") and commercial development (Canadian Tire) West: 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement 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 the subject property is an efficient use of the land as it will provide an interim use for an otherwise unutilized parcel of land, whilst allowing for future development as the site will be designed to accommodate the future Prince William Boulevard extension. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The subject property is designated "Regional Centre" in the Durham Regional Official Plan. Section 8A.2.2 of the plan states that Regional Centres shall be planned and developed as the main concentrations of urban activities within area municipalities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses. 5.2 Municipalitv of Clarinoton Official Plan The subject property is designated "Town Centre" in the Municipality of Clarington Official 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. The subject property is also located within the Bowmanville West Town Centre Secondary Plan, and is designated "Mid-rise High Density Residential". Section 23.4.4 of the Official Plan allows Council to pass Temporary Use By-laws subject to conditions. 6.0 ZONING BY-LAW 84-63 The entire property is currently zoned "Agricultural (A)" which does not permit the use of a temporary sales trailer. REPORT NO.: PSD-086-08 PAGE 4 7.0 PUBLIC NOTICE AND SUBMISSIONS One inquiry (1) was received from a property owner in the area prior to the public meeting. The property owner was requesting additional information on the application, with regards to the proposed entrance off of Martin Road on the subject property, but was more curious about what may be developed in the current location of the sales trailers located at 10 Martin Road. 8.0 AGENCY COMMENTS 8.1 The application has been circulated to the applicable agencies for comment. The Central Lake Conservation Authority has reviewed the application and has no objections to the approval of the Zoning Amendment application. 8.2 The Durham Regional Works Department has reviewed the application and has no objection to the further processing of the rezoning application provided that the existing entrance is removed, and the applicant receives a 6 month renewable Regional entrance permit. 8.3 The Clarington Emergency and Fire Services Department have confirmed that there are no fire safety concerns found on the submitted drawings and therefore have no objection to the application. 8.4 The Region of Durham Planning Department, the Clarington Engineering Services Department, Clarington Operations, Canadian Pacific Railway and Hydro One had no objections to the application as filed. 9.0 STAFF COMMENTS 9.1 All agency comments have been received and there are no objections to the approval of this application. Neither have there been any objections from the public. 9.2 Planning Staff have reviewed the application relative to the policies of the Official Plan and are satisfied that the use is temporary in nature; will have no impact on natural features; will have no adverse impact on traffic or transportation facilities; and will not have an impact on the long term implementation of the Plan. The application provides a temporary use of otherwise undeveloped land until future development occurs. As the proposed trailers will be built as temporary structures, once the by-law expires and the trailers are removed, the site will be relatively unaltered thereby maintaining a good opportunity for redevelopment of the site in the future. The access to Regional Road 57, a Type 'A' Arterial is in the location of the future Prince William Boulevard. The Sales Pavilion is expected to disappear in advance of Prince William Boulevard being constructed to Regional Road 57. REPORT NO.: PSD-086-08 PAGE 5 10.0 CONCLUSION Provided there are no objections during the public meeting, it is respectfully recommended that the proposed Zoning Amendment application be APPROVED and the attached Zoning By-law be ADOPTED by Council. Attachments: Attachment 1 - Key Map Attachment 2 - Aerial Photo Attachment 3 - Zoning By-law to amend By-law 84-63 List of interested parties to be advised of Council's decision: Kelvin Whalen Attachment 1 To Report PSD-086-o8 ~ ~ w ~ w ~ - .~ to C ~ 0 CII .. z E E " ~ 'tI 0 ~ .... C 'i: Q CII ra III 9 E 1: Cl. CO 0( 0 .. Q ~ C> ~ Q 0) c N ra (') ...J 0 " N <C . co ~ R" >- U) "" ~ m III U) (:S"'" '" 0 "'1, r N CI ;.: " .... ~G " C CII ~ i1c" c a 'i: ~ .. r 0 Cl. ~ ~ N e " D.. ~ '" : uJ : cr:: :~) I 1-_ I :=> I LL I I I I I I I I I I I , I , , (LS avo~ WNOJ83~) avo~ NI1~VVIJ / / / ( ::;:;: ~I <(I I ~~: _II --I ~:>I ~>~I , I I I I I I , , ...., ft ,./ J ;'!';.' /'. I,~ 0, ~ il Hi if / // --~, '" " "-,,--- ------- I , , I '. i . '. I \ \ Attachment 2 To Report PSD-086-08 Attachment 3 To Report PSD-086-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- 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 13y-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2008-014; 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 6.4.82 as follows: "6.4.82 SPECIAL EXCEPTIONS - AGRICULTURAL (A-82) ZONE Notwithstanding Sections 3.13, 6.1, 6.2 and 6.3 c) iii), d), those lands zoned A-82 as shown on Schedule "A" attached to this By- law shall only be used for a Temporary Sales Office for a maximum of 3 trailers or buildings, subject to the following zone regulations: a) b) c) Yard Requirements i) Interior Side Yard (minimum) Lot Coverage (maximum) Loading Spaces (minimum) 2 metres 10% o 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 lots and dwellings within a Draft Approved Subdivision or Condominium Plan. 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 September 15, 2011." 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-32)" 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 read a first lime this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk This is Schedule "A" to By-law 2008- passed this day of ,2008 A.D. ~-- II j . n"_"~'~I..n;T, ~~6TIr~~~1 . #.. ---., -- - --- --- ~ -'- ~-~~~ J_ ~ ~ -t-~.(~~- ~ _ ~\ ~ "I I I;'j ~:. r,:1 ....~,I :c:- -:::<'~:I :~. 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