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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
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18rookhi11 Boulevard Subject Site
Existing Sales Trailer
Figure 1 — Site Location
Page 3
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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
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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.
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Bowmanville - ZBA 2023-0014 • Schedule 3