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HomeMy WebLinkAboutPDS-002-24Clarftwn Public Meeting 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: January 22, 2024 Report Number: PDS-002-24 Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution #: JC-014-24 File Number: ZBA2023-0014 By -Law #: 2024-003 Report Subject: Application for a Rezoning to Permit a Temporary Home Sales Presentation Office for Three Years Recommendations: 1. That Report PDS-002-24, and any related delegations or communication items, be received; 2. That provided there are no significant objections raised at the Public Meeting, the application to amend the Zoning By-law submitted by Countrywide Homes Inc. be approved. 3. That the Zoning By-law contained in Attachment 1 to Report PDS-002-24 be passed; 4. That the Durham Region Planning and Economic Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-002-24 and Council's decision; and 5. That all interested parties listed in Report PDS-002-24, and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-002-24 Report Overview Page 2 This report provides background information on a site which has been used intermittently, as a temporary home sales office since 2010. This report also recommends approval for the site to continue to be used as a sales office for another three-year period to allow the sale of houses for the Brookhill Phase 5 Subdivision 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: Countrywide Homes at Bowmanville Inc. Amend the Zoning By-law to a maximum of three (3) years for a temporary home sales office. 1.18 acres (0.48 hectares). 2101 Green Road, Bowmanville, being Part Lot 16, Concession 2, former Township of Darlington (see Figure 1) 1817-010-030-01730 No Municipality of Clarington Report PDS-002-24 .� 1 LI AA x aA6� qwPw 18rookhi11 Boulevard Subject Site Existing Sales Trailer Figure 1 — Site Location Page 3 rxi 14] Municipality of Clarington Report PDS-002-24 2. Background Page 4 2.1 On October 4, 2010, Council approved a temporary use by-law to permit a new home sales office at 2101 Green Road in Bowmanville. Since that time, the sales office has been used intermittently, as different phases of the Brookhill Neighbourhood became available. There has been a total of three extensions granted on this site for the sales office. The site has also been used by different builders throughout that time. 2.2 The current owners (Countrywide Homes) are requesting this temporary use for the second time to facilitate the home sales in Brookhill Phase 5 (see Figure 2). 2.3 The temporary use by-law expired on December 14, 2023. The applicant is seeking another three years to January 28, 2027. I Surrounding Context 3.1 The site is located on the southeast corner of Green Road and Brookhill Boulevard in Bowmanville. The site is a residual parcel left over from a severance created for Clarington Central Secondary School. The alignment for Brookhill Boulevard was set sometime thereafter and resulted in the creation of the irregular shape parcel. 3.2 The Surrounding uses are as follows: North — Stormwater management pond and single detached dwellings East - Vacant portion of the property and Brookhill Boulevard South — Clarington Central Secondary School West — Existing single detached, semi-detached and townhouse dwellings, as well as a site plan proposal for approximately 550 units comprising of a mix of apartment units and townhouses. Municipality of Clarington Report PDS-002-24 m e Nash Road' ` Concessi in d � eo Cry d a �o� � `/ v ckley Avenue w i Brookhill Neighbourhood Secondary Plan Area ; (a ------ Iougfnby.P_laoe i, �Cre R Phase 5 Longworth Ave Alignment d x 3 C m y Q n d � Longworth Avenue Vo � y y oh Day' Rvss Wright Avenu ICiI ate -_ __. I p _ Gough Lane m aekn�an Rosa Sumers � o �indeh� . m greet neSAvenu puickTtay � _, m u m pucdy 1 '• red HpyeyL Mr!ler�re �A.venue ane H, cent c ym `� gnOp�hill a ule a m �a r Y y y 1 d � O m Subject Site for Stevens Roa Temporary Sales Office Uptown''Avenue,�� \ a1 HlghwKing Street West Figure 2 — Location of Brookhill Phase 5 and Surrounding Context Page 5 Municipality of Clarington Report PDS-002-24 4. Clarington Official Plan Page 6 4.1 The subject property is designated "Urban Centre" within the Clarington Official Plan. The Official Plan contains specific policies that allow Council to pass a temporary use by-law which would permit the home sales office on a temporary basis provided that: a) The proposed use is temporary in nature; 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 this Plan. 4.2 The temporary sales office is consistent with the policies as it is temporary in nature and the site can be restored to its original condition. Site Plan approval was issued in 2011 (SPA2010-0018) and is in good standing. The Municipality is also holding securities for the Landscaping. The use will eventually cease once all the phases in the Brookhill Secondary Plan are complete, and as such, will not jeopardize the long-term implementation of the Plan. Also given the configuration of the lot (being a narrow lot and wedged between a road and a school block) its development potential is limited. 4.3 Generally, the Municipality will not permit the extension of any temporary use by-law beyond a period of 10 years, as stated in the Clarington Official Plan. The site has been approved for a sales office since October 4, 2010, which is beyond the 10-year time frame. It is important to note that although the sales office has been there for 13 years, it has not been used by the same builder for that entire length of time. Furthermore, it has only been open intermittently as certain phases become available. 4.4 The sales office will service Phase 5 of the Brookhill Neighbourhood, which was draft approved on April 8, 2022, and the registration of the subdivision is likely to occur in the first quarter of 2024. After the registration, the builder can go to sales. Municipality of Clarington Report PDS-002-24 5. Zoning By-law Page 7 5.1 Zoning By-law 84-63 does permit a temporary sales office without the need for a rezoning provided it is located within the draft approved plan of subdivision or within a General Commercial (Cl) Zone. In this case, the temporary sales office is not within the draft plan of subdivision or a "C1" Zone, therefore a rezoning for a temporary use is required. There are also provisions in the By-law that relate to the sales office which should be considered, including a minimum of 8 parking spaces and the sales office must be removed no later than two months from the date of the last sale within the plan of subdivision. 5.2 Given this, a provision to cease operation no later than two months from the last sale is proposed to be added to the A-41 exception zone. The approved site plan shows a total of 16 parking spaces, which is double the minimum requirement in the Zoning By-law. 5.3 Since the temporary use by-law expired on December 14, 2023, the subject lands have reverted to the original Agricultural (A) Zone. The proposed rezoning would reinstate the Agricultural Exception (A-41) Zone to permit a temporary sales office for another three years, which is the maximum length of time permitted for temporary use zones under the Planning Act. A provision has also been added to permit the sales office for no later than two months after the last sale, whichever comes first. Council may by by-law grant further extensions of not more than three years each, in accordance with the Act. 6. Public Notice and Submissions 6.1 Public Notice was mailed to each landowner within 120 metres of the subject site and two Public Meeting Notice Signs were installed, one along the Green Road frontage and one along the Brookhill Boulevard frontage, all in accordance with the Planning Act. At the time of writing this report, no public comments were received. 7. Discussion 7.1 The sales office would be used by Countrywide Homes to facilitate the home sales for Brookhill Phase 5. If approved, the temporary zoning by-law would permit the sales office for another three years or no later than two months after the last lot has sold, whichever comes first. 7.2 The subject site was previously zoned Agricultural (A), prior to the passing of the by-law in October 2010. The subject lands were rezoned to the A-41 exception zone several times to permit a Temporary Sales Office. The most recent by-law (By-law 2020-0082) specified an expiry date pursuant to the requirements of Section 39 of the Planning Act. The expiry date for the sales office use was on December 14, 2023. Municipality of Clarington Report PDS-002-24 Page 8 7.3 If granted, this would be the fifth temporary use by-law passed to allow for the sales office on the subject lands. The sales office has been on this site for 13 years; however, it has not been used consecutively for that length of time and has also changed owners throughout that time. If extended for another three years, the subject lot would be used for the sales office for a total of 16 years. 7.4 Given that this is the second extension request by the current owners to facilitate a new phase within the Brookhill neighbourhood and that the lot has some constraints for redevelopment, the request for the temporary use by-law is reasonable. 8. Financial Considerations 8.1 The recommendations of this report do not have any financial implications. 9. Concurrence 9.1 This report has been reviewed by the Deputy CAO/Treasurer who concur with the recommendations. 10. Conclusion Provided there are no significant concerns or objections raised at the Public Meeting, it is respectfully recommended that the proposed temporary use zoning by-law amendment, as contained in Attachment 1, be approved. Staff Contact: Nicole Zambri, Senior Planner, 905-925-0165 ext. 2422 or nzambri(a)_clarington.net Attachments: Attachment 1 — Zoning By-law Amendment Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report PDS-002-24 Corporation of the Municipality of Clarington By-law Number 2024- 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 ZBA2023-0014; 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 deleting in its entirety the Agricultural Exception (A-41) Zone and replacing it as follows: "Section 6.4.41 "AGRICULTURAL EXCEPTION (A-41) ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned A-41 on the schedule to this By-law may only be used for a Temporary Sales Office, subject to the following provisions: a. Regulations for a Temporary Sales Office: i) Lot Area (minimum) 0.2 ha ii) Lot frontage (minimum) 30 metres iii) Yard Requirements (minimum) a) Front Yard 10 metres b) Exterior Side Yard 10 metres c) Interior Side Yard 8.5 metres d) Rear Yard 10 metres iv) Lot Coverage (maximum) 15% v) Landscape Open Space (minimum) 10% vi) Building Height (maximum) 10 metres Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, a temporary sales office use may only be permitted for a period of three (3) years, ending January 28, 2027; or no later than two months after the last sale of a lot or unit within the plan of subdivision, whichever comes first. 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-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 and 39 of the Planning Act. By -Law passed in open session this day of January, 2024 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2024- . passed this day of , 2024 A.D. �f P`pLE PURE O W � ¢ W J W Ce J l7 a c� BROO k C W J D m Z Z Ce J u STEVENS ROAD Zoning Change From 'A' To 'A-41' N Bowmanville - ZBA 2023-0014 • Schedule 3