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Home My WebLink AboutPDS-014-21Clarington Public Meeting Report f 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: February 22, 2021 Report Number: PDS-014-21 Submitted By: Ryan Windle, Director of Planning and Development Services File Number: ZBA2021-0001 Resolution#: PD-071-21 By-law #:2021-037 Report Subject: An Application by Brookfield Residential to Amend the Zoning By-law to facilitate a temporary home sales pavilion, 879 Regional Road 17, Newcastle Recommendations: 1. That Report PDS-014-21 be received; 2. That provided no significant objections are raised at the Public Meeting, the application ZBA2021-0001 to amend the Zoning By-law submitted by Brookfield Residential be approved and that the Zoning By-law contained in Attachment 1 to Report PDS-014-21 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-014-21 and Council's decision; and 4. That all interested parties listed in Report PDS-014-21 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-014-21 Report Overview Page 2 Staff have received a proposal by Brookfield Residential to amend the Zoning By-law to rezone from "Agricultural Exception (A-1)" to a zone that facilitates a temporary home sales pavilion with 15 parking spaces. Brookfield Residential proposes to sell homes for a draft approved subdivision south of the subject site, located between Regional Road 17 and Arthur Street, north of the Canadian Pacific Railway (North Newcastle). 1. Application Details 1.1 Owner/Applicant: 1.2 Proposal: 1.3 Area: 1.4 Location: 1.5 Roll Number: 1.6 Within Built Boundary: 2. Background • • :i1 M_ 15010 Or4001 M1 To amend Zoning By-law 84-63 to rezone from "Agricultural Exception (A-1)" to "Agricultural Exception (A-92)" 4.18 hectares (10.33 acres) 879 Regional Road 17, Newcastle (see Figure 1) 18-17-030-030-04101 Yes 2.1 The proposal is to rezone a small portion of the property known as 879 Regional Road 17 to permit a sales pavilion for the Draft Approved subdivisions in the North Village Neighbourhood between Regional Road 17 and Arthur Street, north of the Canadian Pacific Railway (see Figure 1). 2.2 In 2017, the applicant received approval of a temporary use by-law for a sales pavilion situated on lands approximately 500 metres north of the proposed new location. The temporary use by-law expired in May 2020. Municipality of Clarington Report PDS-014-21 4) Location of Temporary Home Sales Pavillion Subject Site ti ^^h n Draft Approved Subdivisions ��G a z O C7 w Figure 1: Sales Pavilion Location 3. Land Characteristics and Surrounding Area Page 3 3.1 The property has been used for agricultural purposes until recently. In 2020, the existing dwelling and accessory structures were demolished and the property is currently vacant. The southern portion of the property is within a Draft Approved Plan of Subdivision (S-C-2017-0007). 3.2 The surrounding uses are as follows: North Agricultural South Agricultural & Canadian Pacific Railway East Agricultural West Residential (single -detached dwellings) Municipality of Clarington Page 4 Report PDS-014-21 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 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 a portion of the property will provide an interim use that supports the future urban residential neighbourhood it is located in. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the property as "Living Areas". The proposed temporary use supports the future urban residential neighbourhood it is located in. It appears to conform to the Durham Region Official Plan. Clarington Official Plan 5.2 The Clarington Official Plan designates the subject lands Urban Residential. 5.3 Section 23.4.4 of the Official Plan allows Council to pass Temporary Use By-laws subject to conditions. The Official Plan policies relating to Temporary Use By-laws state that Temporary Use By-laws may be passed to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: a. is temporary in nature; b. is compatible with the adjacent existing land uses, there is minimal impact on the Natural Features and Land Characteristics on Map `C', or satisfactory measures to mitigate any adverse impact 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. Municipality of Clarington Report PDS-014-21 Page 5 5.4 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 property is currently zoned "Agricultural Exception (A-1)" which does not permit the use of a temporary sales pavilion and associated parking, hence the rezoning application. 7. Public Notice 7.1 Public Notice was mailed to each landowner within 120 metres of the subject property and a Public Meeting sign was installed on the Regional Road 17 frontage 18 days prior to the Public Meeting. No inquiries regarding the subject application were received at the time this report was written. 8. Agency Comments Regional Municipality of Durham 8.1 At the time of writing this report, comments have not been received from the Durham Region Planning and Economic Development Department or Durham Region Health Department. 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 10.1 This proposal conforms to the Clarington Official Plan with respect to temporary uses. 10.2 The surrounding lands are within Draft Approved Plans of Subdivision. The lands to the north are within the North Newcastle Secondary Plan which is currently underway. The Secondary Plan will provide for additional residential units. Sales of residential units within the Draft Approved Plans and the lands within the secondary plan that are owned by Brookfield will occur from the proposed sales pavilion (See Figure 2). Municipality of Clarington Report PDS-014-21 Figure 2: Proposed Sales Pavilion Page 6 10.3 The proposed sales pavilion will exist on the site on a temporary basis and will be removed once the by-law expires or the site is ready for residential development. 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 in Attachment 1 be approved. Staff Contact: Brandon Weiler, Planner, 905-623-3379 ext. 2424 or bweiler(a�clarington.net . Attachments: Attachment 1 — Zoning By-law Amendment The following interested parties will be notified of Council's decision: Brookfield Residential Attachment 1 to Report PDS-014-021 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2021- 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 ZBA2021-0001; Now therefore the Council of the Municipality of Clarington enacts as follows: Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-92) Zone" as illustrated on the attached Schedule `A' hereto. 2. Section 6.4.92 "Agricultural Exception (A-92) Zone is hereby amended by deleting the following words: "May 23, 2020" And replacing them with the following words: "March 14, 2024" 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 and 39 of the Planning Act. Passed in Open Council this day of 2021 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2021- , passed this day of , 2021 A.D. ULj HCONCESSION: ROAD.3 I� 1 i� IO I � W J H1 �3�'11h 0 W a I Zoning Change From 'A-1' To 'A-92' N Newcastle Village • ZBA 2021.0001 • Schedule 5