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Home My WebLink AboutPSD-034-20Clarington Staff 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: October 5, 2020 Report Number: PSD-034-20 Submitted By: Faye Langmaid, Acting Director of Planning and Development Reviewed By: Andrew C. Allison, CAO Resolution#: PD-142-20, PD-143-20 File Number: ZBA2020-0014 By-law Number: Report Subject: An Application by Countrywide Homes Inc. for a Zoning By-law Amendment to extend the maximum three (3) year period for a temporary new home sales centre Recommendations: 1. That Report PSD-034-20 be received; 2. That provided no significant objections are raised at the Public Meeting, the application to amend the Zoning By-law submitted by Countrywide Homes Inc. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD-034-20 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-034-20 and Council's decision; and 4. That all interested parties listed in Report PSD-034-20 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-034-20 Report Overview Page 2 Countrywide Homes Inc. proposes to extend the use of an existing temporary home sales centre for different phases of development in the same neighbourhood for an additional three years. No changes would occur on site if the application is approved. 1. Application Details 1.1 Owner: 1613881 Ontario Inc. (Countrywide Homes at Bowmanville Inc.) 1.2 Applicant: Countrywide Homes Inc. 1.3 Proposal: Amend the Zoning By-law to extend the maximum three (3) year period for a temporary home sales centre for another three (3) years. 1.4 Area: 4,775.5 square metres 1.5 Location: 2101 Green Road, Bowmanville (southeast corner of Green Road/Brookhill Boulevard) 111111011Ii�1:�'�iE:�i�Z�7�[�I�Ici�I�S 1.7 Within Built Boundary: No 2. Background 2.1 On October 4, 2010, Council approved a Temporary Use By-law to permit a new home sales centre on the subject property. In 2014 and in 2018, Council subsequently approved applications to extend the use of the existing temporary home sales centre. 2.2 On June 23, 2020, Countrywide Homes Inc. submitted an application to extend the use of an existing temporary new home sales centre related to different phases of development in the neighbourhood for an additional three (3) years. Should the application be approved there are no changes proposed to the site in terms of the driveway, parking area or building. Municipality of Clarington Report PSD-034-20 Figure 1: bite Map 3. Land Characteristics and Surrounding Uses 3.1 The surrounding uses are as follows: Page 3 North Stormwater Management Pond, single -detached dwellings South Public Secondary School East Vacant portion of property and Brookhill Boulevard, and lands for future residential development West Single -detached, semi-detached and townhouse dwellings Municipality of Clarington Page 4 Report PSD-034-20 4. Provincial Policy Provincial Policy Statement and Provincial Growth Plan 4.1 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 surrounding urban residential neighbourhood. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Region Official Plan designates the property as "Regional Centre". 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. The proposed temporary use supports the future urban residential neighbourhood and conforms to the Durham Region Official Plan. Clarington Official Plan and Secondary Plan 5.2 The Clarington Official Plan designates the site as "Urban Centre". The property is also within the Bowmanville West Town Centre Secondary Plan area which designates the subject site as "Community Facility". 5.3 Urban Centres shall be developed as the main concentrations of activity in each community. They shall provide an array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. The proposed temporary sales office supports the future urban residential neighbourhood and conforms to the Clarington Official Plan. 5.4 Community Facilities, within the Bowmanville West Town Centre Secondary Plan, shall include uses such as public recreation facilities, religious institutions, public and private schools, housing for persons with special needs and municipal facilities. 5.5 Although the proposed use does not conform to the uses outlined for the Community Facility land use designation, 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 is temporary in nature; Municipality of Clarington Report PSD-034-20 Page 5 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. 5.6 The use is consistent with the temporary use policies; it will have no impact on natural features; generally, has no adverse impact on traffic or transportation facilities; and will not have an impact on the long term implementation of the Plan. 6. Zoning By-law 6.1 The subject lands are zoned "Agricultural Exception (A-41)" in Zoning By-law 84-63 which permits a temporary sales centre. The Temporary Use By-law will expire on January 15, 2021. The proposed rezoning would permit the continued use of a temporary sales centre for an additional three years. 7. Public Notice and Submissions 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject property and public notice signage was installed on both the Green Road and the Brookhill Boulevard frontages by September 16, 2020. No inquiries regarding the subject application were received at the time this report was written. 8. Agency Comments Regional Municipality of Durham 8.1 The application was circulated to Durham Region Planning and they have no objection to this application. Their comments indicate that if regrading occurs on site at a depth more than 1.5 metres, a Stage 1-2 Archaeological Assessment is required and that an updated RSC compliant Phase One ESA is required. The site continues to be used for different phases of development in the same neighbourhood. As no change is occurring on site, the conditions are not applicable to this application. Municipality of Clarington Report PSD-034-20 9. Departmental Comments 9.1 Infrastructure Division of Public Works has no objection to the proposal. 9.2 The Building Division has no comments on the application. 9.3 Emergency and Fire Services has no objection to the proposal. 10. Discussion Page 6 10.1 The proposal conforms to the Clarington Official Plan with respect to temporary uses. 10.2 The home sales centre has been used for new home sales for different phases, and different builders within the Brookhill neighbourhood. The extension of the temporary home sales centre is required for the continued use of the site for a sales centre beyond January 2021. The home sales centre exists on site and as such the site will not be altered. 10.3 The site has operated since October 2010 with no concerns. The property is subject to a site plan agreement for the existing development. 10.4 There are no objections to the approval of this application from the circulated departments and agencies. 11. Concurrence Not Applicable. 12. Conclusion 12.1 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 Temporary Use By-law included in Attachment 1 be approved. Staff Contact: Toni Rubino, Planner, 905-623-3379 ext. 2431 or trubinoQ-clarington.net Attachments: Attachment 1 - Zoning By-law Amendment The following interested parties will be notified of Council's decision: Countrywide Homes Inc. Attachment 1 to Report PSD-034-20 Corporation of the Municipality of Clarington By-law Number 20 - 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 ZBA2020-0014; 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: "January 15, 2021" And replacing them with the following words: "October 13, 2023" 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 Section 34 and 39 of the Planning Act. By -Law passed in open session this day of . 2020 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2020- , passed this day of , 2020 A.Q. BRDOKH'CL BOU CFtgRD a o0c z W 441 FY O W J O m z 0 z J V UPTOWN AVE UVRHAM HIGHWAY z Zoning To Remain 'A-41' IV Bowmanville • ZBA 2020-0014 • Schedule 3 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk