HomeMy WebLinkAboutPSD-105-10OE80-EZ9~506) d 6LEE-EZ9~506)19HE O bl ORlb'1N0 '3llIANVWM09 '133a1S 30Ntl213dW31 Ob
NOl'JNRItllO d0 AllltldlOlNf1W 3Hl d0 NOIltl210dZ100
0402 ' 4Z ~agwa;dag
by/Ae/d~/H W
~aol}}O anger;slulwpy;aly~ saoln~aS 6uluueld `~o;Dana Bw;oy
nM ull~lue~d d13W '`d1S~d ' w6ue-l e
:~(q pannalnab ~~ ~ :/~q pa~lwgnS
~uolsloap s,llouno0;o
paslnpe aq suol}e6alap Rue pue 04-504-aSd l~odaa ui pa}sll sal}~ed pa}saga;u! Ile 1`dHl 'ti
pue :uolsloap s,llouno~ pue 04-504-OSd }~odab }o ~(doo a papaerouo; aq uol}e~od~o~
;uawssassy ~}~adad ledlolunW pue;uaw}~edad 6uluueld leuol6ab wey~nd ay} 1`dHl 'E
'•pano~dde aq 06-404-aSd }~oda~{;o Z;uawyoe}}y w paule}uoo se pa3lwll
(Due}up) sawoH plal~loa8 ~(q pa~lwgns;uawpuawy Mel-l;g 6uiuoZ ~o; uol}eolldde
ay; 6ugaaw olignd ay};e pasle~ suol}oafgo;ueoglu6ls ou aye a~ay; paplnad lb'Hl 'Z
:panlaoaa aq 04-504-4Sd ~lodab lb'Hl '4
:6wMOpo; ay} @ouno~ o} puawwooal
aa~lwwo~ uol;e~}slulwpy pue asodand le~aua0 ay;;ey; papuawwooa~ ~lin}}oadsa~ s! ll
~SNOIlflUN3WW003t1
S2ltl3A (£) 3321H1 Wf1WIX~dW d ilOd SaNt/l 103P9f1S
3H1 NO 3211N30 NOIl~d1N3S321d S3ltlS 3WOH M3N A21b210dW31
tl llWil3d Ol £9-48 MVl-A8 JNINOZ aN3Wd Ol NOllt/Olldd`d :;oafgng
6400-0402 b'8Z ~# ai!d 04-904-aSd ~# }lodab
~o e /'~lOLo :# MEI-/~~,~~.ddq :# uol;nlosab 0402 `LZ ~agwa}daS :a;Ea
33111WW00 NOI~'d211SINIWdN~d 3SOd21fld 1b213N3J :6u~aayy
JN1133W ~IlBfld
S3~IAb3S JNINNd~d
12J Od ~~I ~~~tlM~I
REPORT NO.: PSD-105-10
1.0
1.1
1.2
1.3
APPLICATION DETAILS
Applicant: Brookfield Homes (Ontario) Limited
Owner:
Proposal:
1.4 Area:
1.5 Location
2.0 BACKGROUND
West Diamond Properties Inc.
PAGE 2
To amend the Zoning By-law to permit a temporary new home
sales presentation centre for a maximum three (3) years
34 ha
Part Lot 16, Concession 2, former Township of Darlington
(see Attachment 1, Key Map)
2.1 On December 10, 2009, the Ontario Municipal Board issued its decision to approve a
proposed draft plan of subdivision (S-C-2004-0004) submitted by West Diamond
Properties Inc., for a total of 181 single detached units, 148 semi-detached units and 94
medium density units. West Diamond Properties Inc., the owner of the subject site, has
since been working towards final approval and registration of the plan. As a result, a
number of builders including Brookfield Homes (Ontario) Limited are now in a position to
begin marketing the homes proposed to be built in the First Phase of the development.
The proposed site for the joint builders sales presentation centre is located directly east
of the draft plan of subdivision, on a separate parcel of land owned by West Diamond
Properties Inc.
2.2 On June 29, 2010, an application for Zoning By-law Amendment and Site Plan Approval
was submitted by the applicant to permit the temporary use of a sales presentation
centre. On August 3, 2010 the applications were deemed complete and circulated to a
number of agencies for comment.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands are part of a 34 hectare vacant property located on the east side of
Green Road, just north of the Clarington Central Secondary School site. The majority of
the property is located within, and subject to, the Brookhill Neighbourhood Secondary
Plan within the Clarington Official Plan. The subject site is that southern portion of land
which will be separated from the remainder of the property by the construction of the
east/west alignment of the future Brookhill Boulevard; which is considered the southern
limit of the Brookhill Neighbourhood Secondary Plan.
Until such time as the future Brookhill Boulevard is constructed, the subject site will
have frontage along Green Road, where the driveway entrance to the sales centre site
will be located.
REPORT NO.: PSD-105-10
PAGE 3
3.2 The surrounding uses are as follows:
North - Vacant/Agricultural
South - Public Secondary School
East - Vacant/Agricultural
West - Rural ResidentialNacant -Draft Approved Plan of Subdivision
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The PPS addresses the need to focus growth within settlement areas and to promote
their vitality and regeneration. The PPS also states that long-term prosperity should be
supported by, among other things, optimizing the long-term availability and use of land,
resources, infrastructure and public services.
Land use patterns within settlement areas shall be based on densities and a mix of land
uses which are appropriate for, and efficiently use, planned and available infrastructure
and avoid. the need for unjustified expansion of services, and should also be based on a
range of uses and opportunities for intensification and redevelopment. The proposed
Zoning By-law Amendment is consistent with the PPS.
REPORT NO.: PSD-105-10
4.2 Greenbelt Plan
PAGE 4
The subject lands are not located within the Greenbelt Plan area, and therefore are not
subject to the policies of the Greenbelt Plan.
4.3 Provincial Growth Plan
The Growth Plan forthe Greater Golden Horseshoe guides decisions on a wide range
of issues, including land use planning and infrastructure planning, in the interest of
promoting economic prosperity.
The guiding principles for the vision of the Greater Golden Horseshoe are, among
others: planning and managing growth to support a strong and competitive economy;
and optimizing the use of existing and new infrastructure to support growth in a
compact, efficient form. The temporary nature of the development will provide
opportunity for redevelopment of the site in the future if and when appropriate. The
proposed Zoning By-law Amendment is consistent with the Provincial Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The subject site is designated "Regional Centre" within the Durham Regional Official
Plan (ROP). 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.
However, as this proposal is to permit a temporary new home sales centre, this
application does not conflict with the policies of the ROP in regards to the future
planned development for the subject lands.
5.2 Clarington Official Plan
The subject site is designated "Town Centre" within the Clarington Official Plan. It is
also 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:
REPORT NO.: PSD-105-10
PAGE 5
a) the proposed use it temporary in nature;
b) the proposed use is compatible with adjacent existing land uses, there is
minimal impact on natural features and land characteristics, 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.
6.0 ZONING BY-LAW
6.1 Within Zoning By-law 84-63, the subject lands are zoned "Agricultural (A)". Commercial
type uses, unrelated to agriculture, are not permitted within the "A" zone. The proposed
rezoning would permit a temporary sales presentation centre, for up to a maximum
three years (Attachment 2). Although the subject site currently has frontage along a
single road (Green Road), the site has been reviewed through the rezoning and site
plan process as a corner lot. Staff are aware that there is potential for the future
Brookhill Boulevard to be constructed prior to the expiration of the proposed temporary
use by-law amendment.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting sign was installed along the Green Road frontage. No inquiries on
the subject application were received at the time this report was written.
8.0 AGENCY COMMENTS
8.1 The subject application for Zoning By-law Amendment was circulated to a number of
agencies for comment. The Clarington Operations Department, Clarington Emergency
and Fire Services Department, Hydro One Networks inc., Central Lake Ontario
Conservation Authority and Enbridge Gas Distribution Inc. have no objections to the
.proposed Zoning By-law amendment.
REPORT NO.: PSD-105-10
PAGE 6
8.2 The Clarington Engineering Services Department has no objection to the proposed
rezoning and provided comments that need to be addressed prior to final approval of
the subject site plan. The applicant will be required to satisfy the Engineering Services
Department regarding the following:
• Traffic
• Road Dedication
• Grading and Drainage
• Site Access
In addition, the proposed temporary use must exist for a maximum of 3 years. No
residential development of any kind will be permitted on any of the adjacent land until
such time as the temporary use has ceased.
8.3 The Clarington Building Division have no objections to the proposal provided that the
applicant submit the appropriate Health and Conservation Authority permits, as well as
submitting a building permit application with Clarington. The applicant will be required to
demonstrate that the proposed sales centre will comply with the building code
requirements with respect to barrier-free path of travel and barrier-free parking spaces.
8.4 Kawartha Pine Ridge District School Board (KPRDSB) has requested a number of items
which they would like addressed through the site plan approval process with respect to
siltation control fencing along the perimeter of the subject site as well as the. use of sod
(not seed) on all areas disturbed by construction along the south and east sides of the
proposed sales centre and the driveway, to avoid post-construction siltation of the swale
on the Board's site.
8.5 Durham Regional Health Department has no objection to the rezoning provided that the
applicant submits an application for building permit for sewage disposal system (holding
tank) and a pump out contract between the.applicant and the sewage hauler. The
maximum length of time the holding tank is to be used is 3 years.
8.6 Durham Regional Works Department has indicated that municipal water supply is
presently not available to the subject lands, however will be installed by a developer as
part of a subdivision agreement for ah adjacent draft plan of subdivision. The site is
stubbed with water services as part of the agreement.
In addition, due to the current sewage capacity constraints in the Port Darlington Water
Pollution Control Plant, municipal sanitary sewer capacity is not available to the subject
lands at this time. At such time that the Port Darlington Water Pollution Control Plant
expansion is commissioned the applicant will be required to connect to municipal
sanitary sewers at his cost. Subject to the Regional Health Department approval of
interim private services, the Works Department has no objection to the further
processing of the Zoning By-IawAmendment.
8.7 Durham Regional Planning Department has indicated to staff that a Phase I
Environmental. Site Assessment (ESA) report, prepared by Trow Associates Inc.,
concluded that a Phase II ESA would not be needed at this time. Regional Council
REPORT NO.: PSD-105-10
PAGE 7
adopted procedures requiring a Reliance Agreement Letter and Certificate of Insurance
on the Phase I ESA report. The signed Reliance Agreement Letter and Certificate of
Insurance was received and reviewed to the satisfaction by the Region. There are no
matters of Provincial Plan review interest identified at this time. The proposed temporary
new home sales centre does not conflict with the policies of the ROP.
9.0 STAFF COMMENTS
9.1 The subject site is currently being reviewed through the site plan approval process.
Although the drawings have been circulated and reviewed by the appropriate
departments and agencies, a number of revisions to the drawings are still necessary
prior to final approval of the plans. Staff are in the process of providing initial feedback
to the applicant prior to the final submission of drawings. The required site plan
agreement will be prepared to address servicing requirements as requested by the
Region of Durham Health and Works Departments, parking requirements, access,
grading, lighting, signage and landscaping. Therefore it would appear that the proposed
by-law amendment satisfies the conditions, as set out in section 23.4.4 of the Clarington
Official Plan, for the approval of temporary use by-laws.
9.2 Staff are satisfied that the proposed use is temporary in nature, and any proposed
extensions in the duration of the use will require an additional rezoning application for
Council's consideration in the future.
9.4 Staff recommends that a holding symbol not be placed on the subject site as a means
of freezing development prior to the finalization of the site plan process. Taking into
consideration that the applicant will have no further opportunity this year to approach
Council for removal of a holding, this could result in a 3 to 4 month delay for the
applicant. Staff are confident that any outstanding concerns or issues can. be resolved
through the site plan approval process, and that placing a holding symbol on the subject
site at this time would hold no merit.
9.5 Taxes for the subject site have been paid in full.
10.0 CONCLUSION
10.1 In consideration of the comments contained in this report, Staff recommend that,
provided there are no significant objections raised at the public meeting, the application
for Zoning By-law Amendment as contained in Attachment 2 be approved.
Staff Contact: Meaghan Harrington
Attachment:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
REPORT NO.: PSD-105-10
PAGE 8
List of interested parties to be advised of Council's decision:
Brookfield Homes (Ontario) Limited
West Diamond Properties Inc.
Attachment 1
To Report PSD-105-10
d
. ~~i ~
~
~
c
a ~
..
c
~
E
p a rn v ao m •~
m O~18 NOI~JNIatllO d ~ N G ~ a+
o i ~ O~ O C ~
~ ~ ~
-. F 3 ~ ;
O O ~
p E
Q o
op
c
o
~
w_
w ~
'r" o
~p
~~ N T
mm
m
N
Q
~
v
o
avoa N3aa~
' ~
v -~ N ~
C n
.
N a
m
w
i
TJ
C
/ ~ s_
7 'C O N =
c ~~ ~ O N ~
a` nN
a~~psalaS
..~.//ii/j,
.o pasodo~d
~ easy ea.y
padeaspue~ padeospue~
m
O ~ U U
O
m
w
easy
pade~spue~
2a~si
peony uaaa~
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2010-
Attachment 2
To Report PSD-105-10
being a ey-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 2010-0019;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the.Corporation of the
Municipality of Clarington enacts as follows:
Section 6.4 "SPECIAL EXCEPTIONS -AGRICULTURAL (A) ZONE" is hereby
amended by adding a new Special Exception Zone as follows:
"SECTION 6.4.41 AGRICULTURAL EXCEPTION (A-41) ZONE
Notwithstanding Sections 6.1and 6.3, those lands zoned A-41 on the Schedules
to this By-law may, in addition to the other uses permitted in the Agricultural (A)
Zone, be used for a Temporary Sales Offce, subject to the following provisions:
a. Definitions
i) 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.
b. Regulations for Temporary Sales Office
i) Lot Area (minimum) 0.2 ha
ii) Lot Frontage (minimum) 30 metres
iii) Yard Requirements (minimum)
a) .Front Yard 10.0 metres
b) Exterior Side Yard 10.0 metres
c) Interior Side Yard 8.5 metres
d) Rear Yard 10.0 metres
iv) Lot Coverage (maximum) 15%
v) Landscaped Open Space (minimum) 10%
vi) Building Height (maximum) 10.0 metres
Pursuant to the requirements of Section 39 of the Planning Act, 1990, as
amended, a tempomry sales offce use may be permitted for a period of three (3)
years, ending on October 4, 2013.
2. Schedule "3" to By-law 843, as amended, is hereby further amended by
changing the zone designation from "Agricultural (A) Zone" to "Agricultural
Exception (A-41) 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 Section 34 of the Planning Act.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010-
,
passed this day of , 2010 A.D.
> J
>'>
,> ;
>,>>,
>,
>J >
»]>
>~J>
J>
J
J
>»
J)>
»
>j
J°
~J>
iJ>
)> >
>JJ>J>
>
>J
>~>~
>
>a)
>
J i»>>>>
J>J>J j
J
'>'> ''>
» J
»>>>~>
J
>
J» j>>
»Jj'J]
»J JJ J)>J
J'JJ>>~ r~
i>>»
J
>
J>>
W J>
>
»'>»>>>
~ ~> N> )>
>
J>J j»
>>
>J
>
p
J
>
'A>
'
J »>>>
>
i
»
>'>
>
J
J ))>
'JJJ>>NJ
J
'
»>
N
)>J 'i'>>
)
>
)p
>
>>>J
>> j>>
> >'
>;,, N
/\ ~
- Zoning Change From "A" To "A-41"
®Zoning To Remain "A"
',~';', Zoning to Remain "EP"
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
--.
~
I _ -_ i ~ ~,
-..
_
i , w
~
__
r
~
N
a \
~ ~`
!r
9
I
~ '
~`
~
i ~
~
~ ~
~
E
M i
q9
d _- i
- ~"i -
~
d
®~
BOW
ANVILLE M
zaASmo-0ma
SCHEDULES