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Home My WebLink AboutPSD-004-05 . ClfJl-!lJglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 10, 2005 Report #: PSD-004-05 File #: ZBA 2004-044 f! /,,1/ c.Q1-uS- By-law #:c2c.vS'-CC I Subject: REZONING TO PERMIT A TEMPORARY SALES TRAILER APPLICANT: NORTHGLEN LAND CORP. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-004-05 be received; 2. THAT the application to amend Zoning By-law 84-63, submitted by Sernas Associates on behalf of Northglen Land Corp. be APPROVED and that the by-law contained in Attachment #2 be forwarded to Council for adoption; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. S"bm""" by' ~_ D'aviJ.Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: ~ ~Jl,{':~"l.......5L.. Franklin Wu, Chief Administrative Officer BMR*CS*DC*df 3 January 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 lJ ~:.... ,>~ REPORT NO.: PSD-004-05 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Owner: Northglen Land Corp. 1.2 Applicant/Agent: Sernas Associates 1.3 Rezoning: To rezone the subject lands from the "Agricultural Exception (A-1)" Zone to an appropriate zone to permit the construction of a temporary residential sales office. 1.4 Site Area: 1 ,738 m2 1.5 Location: The area subject to the proposal is located at the northeast corner of Regional Road 57 and Concession Road 3, being Part Lot 14, Concession 3, in the former Township of Darlington. 2.0 BACKGROUND 2.1 On September 29, 2004, Walter Hugo of Sernas Associates on behalf of John Halminen of the Northglen Land Corp. submitted an application to rezone 0.17 hectares at the northeast corner of Regional Road 57 and Concession Road 3 to permit the construction of a 103.2 m2 temporary residential sales office. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is 29 hectares, with an abandoned farm house, and the ruins of a barn and silo. The area subject to rezoning is 0.17 ha, at the corner of Regional Road 57 and Concession Road 3. 3.2 The surrounding land uses are as follows: North - South - East West Active agricultural land Concession Road 3 and beyond, Hydro One Works Yard Active agricultural land, auto wrecker and rural residential Regional Road 57 and beyond, Draft Approved Plan of Subdivision, 18T- 87076, (extension of Old Scugog Estates), and Bowmanville Creek Valley. 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Concession Road 3 frontage. 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries about the proposed zoning change. U ;':" j REPORT NO.: PSD-004-05 PAGE 3 5.0 OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area. The predominant use within this designation is residential, limited Community and Commercial Areas are also permitted. The proposed use conforms to the Plan. 5.2 Within the Clarington Official Plan, the area subject to rezoning is designated as Local Central Area. Section 23.4.4 of the Clarington Official Plan permits temporary use by-laws subject to a number of provisions. Under the Planning Act, temporary use by-laws are required to be renewed every three (3) years. The proposed use conforms with the plan. 6.0 ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in "Agricultural Exception (A-1)" Zone. The application does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows: . The Clarington Engineering Services Department had no objection to the proposal subject to the approval of a grading plan, the construction of an entrance to a specific minimum standard. The Engineering Services Department will also require a cost estimate for the entrance construction and performance guarantee. These issues will be addressed through site plan approval. 7.2 Comments remain outstanding from: Hydro One Networks Inc., Durham Regional Planning Department, Clarington Emergency Services Department, Clarington Operations Department, and the Accessibility Committee. 8.0 STAFF COMMENTS 8.1 The applicant is requesting a temporary use by-law for a temporary sales office for a Draft Approved Plan of Subdivision known as Maple Woods, located south of Concession Road 3 and east of Scugog Street. Construction is expected to commence in late winter to early spring 2005. The area subject to rezoning is designated as a Local Central Area in the Clarington Official Plan. The temporary rezoning for a sales office does not offend the policies of the Clarington Official Plan. 8.2 The applicant has applied for site plan approval. The outstanding agency comments will be addressed through the site plan review process. V :...,~ REPORT NO.: PSD.004-05 PAGE 4 8.3 The Finance Department advises that all taxes on the subject lands have been paid to date. 9.0 CONCLUSIONS 9.1 Currently, no objections or concerns have been received through the public notice or agency comments. Staff does not anticipate the outstanding agency comments to affect the rezoning application. Given the temporary nature of the application, Staff recommend that the application to rezone the subject lands from "Agricultural Exception (A-1)" to "Agricultural Exception (A-75)" to permit the use of a Temporary Sales Office for a period of up to three years expiring January 1 0, 2008, be APPROVED. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Proposed By-law List of interested parties to be advised of Council's decision: Walter Hugo John Halminen " ,,' '~ v~... v , ' t- ' ' If) , O. , C:(' I 0,1 ex. ",Ii c: ',' f#;. Ci 4" " ~,.\ ':) o \ \ , 1 \ 1 ' \ \ " , \ " \ I' \ \ \ \ ,I \ \ ,\ '\ \ " ,I I', 'I I, , Lmu r--::'.= __ox,o,!,:,:,_ _ ~::.-______{~ - "!c...F!E.r!f.!-P~"'Q<f~::'-' --~ - ---~- -- --- ---~ ~ , 1 I. , , \ 1 \ \ \ [ "-L <I 1 - I ~ 1 -----------\ -1- . \ - ,- / / / / / ~ // ., /; I, '/ ij 1/ -:'l I / I / / / / , / / \.\ \\. ;1 ".::.,...... ~ ~ ~..:===.....- !it o " I !Q z o '" o " w ~ o o :> ~ ~ u ~ {} ATTACHME~lT 1 \ AI'lE...arn:UPOR"'RY~ZONItlG ~ 1.! '~I " (TvP) ~I '<Q,; "',< "'" PIJIKIm; CDN$muCTION Ml'I. 300mm DFPTI< Of 50tnm CRlISliEIl RlI~ lMl:STONE PR<J>OSED HRK.tlO!\RE:A (I\SPI,C[S) "" .' .~ , ~ CONCESSION ROAD 3 ----- ~ ~ ~ / / // J ZBA 2004-044 Zoning By-law Amendment SPA 2004-036 Site Plan Application Owner: Northglen Land Corp. CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW NUMBER 2005- 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 By-iaw 84-63, as amended. of the Corporation of the Municipality of Clarington for ZBA 2004-044; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Scheduie 6.4 "SPECIAL EXCEPTION-AGRICULTURAL (A) ZONE" is hereby amended by adding thereto, the following new Special Exception 6.4.75 as follows: "6.4.75 AGRICULTURAL EXCEPTION (A-75) ZONE Notwithstanding Sections 6.1 and 6.3. those lands zoned A-75 on the Schedules to this By-law shall only be used for a Temporary Sales Office. 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. this use may be permitted for a period of three years, ending January 17, 2008. 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1)" to "Agricuitural Exception (A-75)" as illustrated on the attached Schedule "A" hereto. BY-lAW read a first time this day of 2005 BY-lAW read a second time this day of 2005 BY-lAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti l. Barrie. Municipal Clerk U ;'W J ATTACHMENT 2 This is Schedule "A" to By-law 2005- passed this day of , 2005 A.D. I I, \\ \ , \ \ \ " \ lti ~\\ ~ ~ i :> o \ I J '< \ \ I \ I , 'L' , '--'- ! ",ceo" __ ---=~'~=====\~'=!"~'-~':;~ --- _.- / "' -,:-r":-E'::"_C'~.!l"~:'" - - - - -- _--':"'--"'-- -- - -- CONCESSION ROAD 3 -j- ----- ,""-- .---- ~"..- '" / , ..::==--~. J Zoning Change From "A-1" To "A-75" vof-,n Mu:ton, "Aayor Patti .... Barrie, ~unicipol Clerk CONCESSION ROAD 3 SUBJECT LAN DS o 0< o '" "- en o .0< I; I '" " o w ~ o o " uJ u .~ j Bowmanville