HomeMy WebLinkAboutPDS-042-25Public Meeting and Recommendation Report
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Report To: Planning and Development Committee
Date of Meeting: September 15, 2024 Report Number: PDS-042-25
Authored By:
Submitted By:
Reviewed By:
File Number:
Report Subject:
Ainsley Johnston, Planner I, Development Review Division
Darryl Lyons, Deputy CAO, Planning and Infrastructure Services
Mary-Anne Dempster, CAO
ZBA2025-0018 Resolution#:
Application to amend Zoning By-law 84-63 to permit a Temporary
Sales Office in Bowmanville.
Purpose of Report:
The purpose of this report is to provide information to the public and recommendations to
Council regarding a proposed temporary sales office in Bowmanville.
Recommendations:
1.That Report PDS-042-25 and any related communication items, be received for
information only;
2.That Staff receive and consider comments from the public, review agencies, and
Council with respect to the Zoning By-law Amendment application for a temporary
use submitted by Tribute Tercot Brookhill 2 Inc. and continue processing the
application;
3.That any further extensions beyond the three (3) year expiry date shall not be
subject to another public meeting; and
4.That all interested parties listed in Report PDS-042-25 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-042-25
Report Overview
The applicant is proposing to construct a new one-storey temporary sales office at 2494
Bowmanville Avenue that is intended to be used for the sale of homes within two proposed
plans of subdivision located in the Brookhill Secondary Plan Area (subdivision file numbers
SC-2022-0015 and SC-2022-0014).The purpose of this report is to obtain public input on the
temporary use zoning by-law.
1. Application Details
1.1 Owner / Applicant: Tribute Tercot Brookhill 2 Inc. c/o Jacob Dosman.
1.2 Proposal: To amend Zoning By-law 84-63 to permit a new temporary sales
office for a maximum of three (3) years.
1.3 Area: 0.692 hectares (1.71 acres)
1.4 Location: 2494 Bowmanville Avenue, Bowmanville, Part Lots 15 Concession
2, former Township of Darlington (see Figure 1).
1.5 Roll Number: 1817-010-030-00600
2. Background
2.1 On June 12, 2025, applications for a Zoning By-law Amendment for a temporary use
and Site Plan were submitted by the applicant to construct a new temporary sales office
within the Brookhill Secondary Plan Area. The applications were deemed complete on
August 11, 2025.
2.2 Section 3.26 of Zoning By-law 84-63 permits temporary sales office and model homes
on lands in a draft approved plan of subdivision, without the need for a rezoning. The
Owner is requesting permission for a temporary use in advance of the draft approval to
accelerate the construction of the sales office in order to launch sales concurrently with
the draft approval date.
2.3 The sales office will support the sale of homes for two proposed plans of subdivision
within the Brookhill Secondary Plan Area (file numbe rs SC-2022-0014 and SC-2022-
0015) with the first phase being the subdivision on the east side of Bowmanville
Avenue, opposite the sales office location. The subject lands can better accommodate a
temporary sales office on the western lands as there is more developable land than the
eastern subdivision (see Figure 1).
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Report PDS-042-25
2.4 As per Clarington’s Delegation of Authority By-law 2024-042, the Deputy CAO of
Planning and Infrastructure Services has the authority to pass by-laws under Section 34
of the Planning Act that are minor in nature. This authority is granted under Section 39.2
of the Planning Act. However, this authority does not provide for an exemption to the
public notice or public meeting requirements.
Figure 1 - Location of Sales Office in Relation to Associated Subdivision Applications
Municipality of Clarington Page 4
Report PDS-042-25
3. Land Characteristics and Surrounding Uses
3.1 The subject site is located at 2494 Bowmanville Avenue where the proposed temporary
sales office will be situated in the southeast corner of the subject lands within the
medium density block. The sales office is proposed to front Bowmanville Avenue. The
parcel of land is currently vacant and being used for agricultural purposes.
3.2 The surrounding uses are as follows:
North: Vacant agricultural land; further north Nash Road
East: Bowmanville Avenue and vacant agricultural land part of proposed plan of
subdivision SC-2022-0014.
South: Single detached dwellings on large lots and agricultural lands. Longworth
Avenue is proposed to be extended from Bowmanville Avenue to Green
Road.
West: Predominantly vacant agricultural lands proposed for redevelopment to
residential uses.
3.3 A corresponding Site Plan Application has been deemed complete and was circulated
with the Rezoning Application. The site plan review process is ongoing. Attachment 2
shows the proposed Site Plan for the temporary sales office. The temporary sales office
is proposing vehicle access from Bowmanville Avenue and includes a parking lot with
20 parking spaces and temporary private services.
4. Clarington Official Plan
4.1 The Clarington Official Plan designates the subject lands “Urban Residential” and is
within the Bowmanville Urban Area, however, the temporary use by-law section of the
Clarington Official Plan are the applicable policies to consider when reviewing a
proposal for a temporary use. Temporary uses may be permitted on any lands, or within
any buildings or structures, on a temporary basis, for any purpose 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 natural features and land characteristics, 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;
Municipality of Clarington Page 5
Report PDS-042-25
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.
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. An associated site plan application was
submitted for the proposal and will implement conditions to satisfy the Official Plan
policies, such as holding securities for the landscaping, vehicle entrance location,
adequate sewage and water services, etc.
4.3 The proposed location of the sales office within the medium density block is situated in
an ideal location that would not jeopardize the long-term implementation of the
subdivision plan since the low density residential units can be built in the first phase
without impeding the design of the medium density block. The use will eventually cease
once all the phases are complete.
4.4 Once draft plan approval is received on the subject lands, there would be no need for
any further temporary use zoning by-law amendments as permissions in the Zoning By-
law 84-63 would allow for the sales office on lands that are draft approved.
5. Zoning By-law 84-63
5.1 Within Zoning By-law 84-63, the subject land is zoned “Agricultural (A)”. A temporary
sales office is only permitted on lands where draft approval has been granted. Given
that draft approval of the subdivision has not been received, a rezoning is required in
order to facilitate the development of a sales office on the subject lands.
5.2 There are also provisions in the By-law that relate to the sales office which should be
considered, including a minimum of eight 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. The proposal shows a total of 20 parking spaces.
5.3 The proposed rezoning would permit a temporary sales office, for up to a maximum
three years, with the ability to apply for further extensions in three-year intervals. A site-
specific zone exception is proposed (see Attachment 1).
Municipality of Clarington Page 6
Report PDS-042-25
6. Public Notice and Submissions
6.1 Public notice was mailed to each landowner within 120 metres of the subject site and
one Public Meeting Notice Sign was installed along the Bowmanville Avenue frontage,
all in accordance with the Planning Act.
6.2 At the time of writing this report, no comments from members of the public had been
received.
7. Departmental and Agency Comments
7.1 The applications were circulated to internal departments and external agencies for
review and comments. At the time of writing this report, not all agency and department
comments were received. As the application is minor in nature, Staff do not anticipate
any adverse comments. Any outstanding issues raised can be addressed through the
associated site plan application.
8. Discussion
8.1 Section 3.26 of Zoning By-law 84-63 states that a temporary sales office is only
permitted on lands where draft approval has been granted. The rational for this
provision is to prevent home sales from occurring prior to the draft approval. Historically,
sales were occurring without the final determination of the subdivision layout and the
types of units proposed, leading to frustration and complaints from perspective
homebuyers if the plans were to change. In some instances, the Municipality has
approved temporary use zoning by-law amendments for sales offices on lands that were
not part of a draft approved plan of subdivision. In most cases, nearby lands were
owned by the same developer but were not part of the actual subdivision application.
8.2 In this case, the Owner has indicated that advancing the sales office approvals through
the temporary use zoning by-law would allow them to accelerate their construction
timelines and have the sales office open concurrently with the draft approval of the
subdivision to the east (SC-2022-0014). The proposed subdivision to the east of the
property is anticipated to receive draft approval before the westerly subdivision where
the sales office is proposed. Essentially an offsite sales office.
8.3 Staff are of the opinion that allowing the sales office to be constructed before the draft
approval is granted gives the Owner the ability to open the sales office concurrently with
the draft approval and also allows them to use the office for the two plans of subdivision.
The early start for the construction of the sales office supports the Municipality’s housing
pledge by accelerating the home sales and, in turn, contributes towards Clarington’s
Housing Targets.
Municipality of Clarington Page 7
Report PDS-042-25
8.4 Under Section 52 of the Planning Act, the Owner cannot legally go to sale until draft
approval has been given under Section 51, therefore Staff have no concerns with the
construction of the sales office in advance of the draft approval of the subdivision. The
Owner still has to enter into a site plan agreement with the Municipality for the proposal.
The Site Plan Application for the temporary sales office is ongoing and the associated
drawings and documents have been circulated for review by various departments and
agencies.
9. Financial Considerations
9.1 The recommendations of this report do not have any financial implications.
10. Strategic Plan
10.1 The proposed development has been reviewed against the three pillars of the
Clarington Strategic Plan 2024-27. Staff gave attention to the priorities of growing
resilient, sustainable, and complete communities and connecting residents through the
design of safe, diverse, inclusive, and vibrant communities.
11. Climate Change
11.1 The proposed temporary sales office would facilitate the sales of new housing within
Bowmanville. By utilizing underutilized or vacant land within the urban boundary
minimizes the need to expand commercial uses into rural greenfield areas, protecting
the natural environment and reduces transportation-related emissions due to its
proximity to the established urban area.
12. Concurrence
12.1 Not Applicable.
13. Conclusion
The purpose of this report is to provide background information and obtain comments
on the submitted application for a temporary use zoning by-law amendment for a sales
office at the Statutory Public Meeting under the Planning Act. Staff will continue to
review and process the applications, including consideration of department, agency and
public responses. Provided no adverse comments are received, the Deputy CAO of
Planning and Infrastructure Services will ultimately approve the final zoning by-law
amendment for the temporary use, as per the delegated authority.
Staff Contact: Ainsley Johnston, Planner I, 905-623-3379 ext. 2438 or
ajohnston@clarington.net.
Municipality of Clarington Page 8
Report PDS-042-25
Attachments:
Attachment 1 – Proposed Zoning By-law Amendment and Schedule
Attachment 2 – Proposed Site Plan and Elevations
Interested Parties:
The following interested parties will be notified of Council's decision:
Jacob Dosman, Tribute Tercot Brookhill 2 Inc.
Attachment 1 to
PDS-042-25
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The Corporation of the Municipality of Clarington
By-law 2025-______
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 ZBA 2025-0018;
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
adding thereto, the following new Special Exception Zone 6.4.98 as follows:
“6.4.98 Agricultural Exception (A-98) Zone
Notwithstanding Sections 3.12, 3.26 b., 6.1, and 6.3, those lands zoned A-98
shall only be used for a temporary sales office, subject to the following
regulations and the applicable provisions not amended by the A -98 zone:
a. Regulations for a temporary sales office:
i) Lot Area (minimum) 0.5 ha
ii) Lot Frontage (minimum) 30 metres
iii) Yard Requirements (minimum)
a) Front Yard 15 metres
b) Interior Side Yard 15 metres
c) Rear Yard 15 metres
iv) Building Height (maximum) 8.0 metres
v) Lot Coverage (maximum) 10%
vi) Landscape Open Space 30%
vii) Loading Spaces (minimum) nil
b. Pursuant to the requirements of Section 39 of the Planning Act, 1990, as
amended, a temporary sales office use may be permitted for a period of three
(3) years, ending on September 22, 2028; or no later than two months after
the last sale of a lot or unit within the plan of subdivisions SC-2022-0014 and
SC-2022-0015 after which time the building shall be removed or demolished
unless the temporary use is extended.”
3. 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-98) Zone" as illustrated on the attached Schedule ‘A’ hereto.
4. Schedule ‘A’ attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 39 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2025
___________________________
_
Adrian Foster, Mayor
___________________________
June Gallagher, Municipal Clerk
07.00
6.003.401.502.75LANDSCAPING3.40²²)12.206.55M RAMP @1:12 SLOPE6.55M RAMP @1:12 SLOPE15.2420.004.2744.7849.6434.4016.91BOWMANVILLE AVENUE (40m)
STREET DSTREET ASCHAEFFER DZALDOV PURCELL LTD.CONCESSION ROAD 3LONGWORTH AVENUE BOWMANVILLE AVENUE GREEN ROADKING STREET WESTSCUGOG STREETLIBERTY STREET NORTHKey MapSITE STATISTICSLot AreaLot CoverageLot FrontageSetbacks - Front Yard - Exterior Side Yard - Rear YardLandscape Open SpaceBuilding HeightBuilding Area6920.51 sm226.94 sm (3.28%)94.53 m16.91m49.64m & 44.78m34.40m5832.85 sm (84.28%)4.76m(From FF tomid-point of roof)185.93 smTotal Parking Requiredas per By-Law 84-63 Section 3.26 = 8 spacesTotal Parking Provided20 spacesAccessible Space(4.5m x 5.7m (Single) as per By-Law 84-63 Section 3.16)(3.4m x 5.7m with 1.5m aisle (paired spaces)Required1 spacesProvided2 spaces(including accessible)
1’-2”
1’-0”
50’-0”
Awning
1’-8”
AwningAwning +/- 2’-6” / 3’-0”
PLAN VIEW
SIDE ELEVATION
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