HomeMy WebLinkAboutPSD-086-08
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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
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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.
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~:;a Zoning Change From "A" To "A-82"
Jim Abernethy, Mayor
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