HomeMy WebLinkAboutPSD-008-13 1 � n
Leading the Way REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC TIN
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 21, 2013 Recommendation #: °/, By-law #: f.
Report #: PSD-008-13 File #'s: ZBA 2012-0022
Subject: AN APPLICATION TO PERMIT A NEW HOME SALES PAVILION WITH
THREE (3) SALES TRAILERS AND ASSOCIATED PARKING LOT FOR A
MAXIMUM OF THREE (3) YEARS
APPLICANT: 668390 ONTARIO LTD. (KAITLIN GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-008-13 be received;
2. THAT provided there are no significant concerns to the application during the
Public Meeting, the application submitted by 668390 Ontario Ltd. to change the
zoning to permit a new home sales pavilion with three (3) sales trailers and an
associated parking lot for a maximum of three (3) years be approved;
3. THAT the attached by-law to change the zoning from "A" to "A-82" be passed;
4. THAT the Durham Regional Planning Department and Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-008-13 and
Council's decision; and
5. THAT all interested parties listed in Report PSD-008-13 and any delegations be
advised of Council's decision.
Submitted by: Reviewed b � -
David
/2-
. rome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
CS/CP/df
11 January 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-008-13 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: 668390 Ontario Ltd. (Kaitlin Group)
1.2 Applicant: Kelvin Whalen
1.3 Rezoning: Zoning change from "Agricultural (A)" to permit a new home
sales pavilion with three (3) sales trailers and an associated
parking lot.
1.4 Site Area: 0.8 hectares
1.5 Location: Part Lot 15, Concession 1, former Township of Darlington
(Attachment 1)
2. BACKGROUND
2.1 In September, 2008 Council approved a temporary use by-law to permit a new
home sales pavilion with three (3) sales trailers and an associated parking lot
located immediately north of the Canadian Pacific Railway and west of Martin
Road in Bowmanville. The applicant proposed to move the three (3) sales trailers
from its current location at the northwest corner of Martin Road and Aspen
Springs Drive, to this new location. However, the sales trailers were never
relocated and the temporary use by-law expired. The applicant has now
reapplied for the same proposal. The site where the new home sales pavilion is
currently located has been sold. The applicant wishes to relocate the existing
trailers onto the subject site in the spring of 2013.
2.2 The applicant has also applied for site plan approval.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently vacant. The property was created through the
dedication of the road allowance for Prince William Boulevard to the Municipality
of Clarington in 2012.
There is an existing driveway on the site which is intended to be upgraded for the
access into the sales pavilion.
3.2 The surrounding uses are as follows:
North: vacant lands, Durham Highway 2 and Garnet B. Rickard Recreation
Complex;
South: Canadian Pacific Railway, lands owned by Metrolinx for future GO
station and existing sales trailers south of the CPR tracks;
East: Vacant land (zoned "Agricultural (A)") and residential properties along
Martin Road; and
REPORT NO.: PSD-008-13 PAGE 3
West: Vacant land (zoned "Agricultural (A)") and commercial development
(former Canadian Tire site).
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement 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 the subject property is an efficient use
of the land as it will provide an interim use for an otherwise underutilized parcel
of land, while allowing for future development.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The subject property is designated "Regional Centre" in the Durham Regional
Official Plan. Section 8A.2.2 of the plan states that Regional Centres shall be
planned and developed as the main concentrations of urban activities within area
municipalities, providing a fully integrated array of community, office, service and
shopping, recreational and residential uses. The proposed temporary use
appears to conform with the Regional Official Plan.
5.2 Municipality of Clarington Official Plan
The subject property is designated "Town Centre" in the Municipality of
Clarington Official Plan. Town Centres shall be developed as the main
concentrations of urban activity in each community with the Town Centres
providing a fully integrated array of retail and personal service, office, residential,
cultural, community, recreational and institutional uses. The subject property is
also located within the Bowmanville West Town Centre Secondary Plan, and is
designated "Mid-rise High Density Residential".
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) the proposed use is temporary in nature;
b) the proposed use 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;
REPORT NO.: PSD-008-13 PAGE 4
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.
The sales pavilion is a commercial use and is consistent with the policies of the
`Town Centre' designation. The use is consistent with the Temporary Use
policies; it will have no impact on natural features; will have 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 84-63
6.1 The entire property is currently zoned "Agricultural (A)" which does not permit
the use of a temporary sales pavilion and associated parking.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 The Public Notice was given by mail to landowners within 120 metres of the
subject site and Public Notice sign was placed on Martin Road in accordance
with the Planning Act.
7.2 As of writing this report, Staff has not received any inquiries.
8. AGENCY COMMENTS
8.1 The Region of Durham Works Department advises that municipal services are
not available to the site. The entrance is to be paved from the existing roadway to
the property line. The existing mid block entrance is to be removed. An access
permit from the Region of Durham is required.
9. DEPARTMENTAL COMMENTS
9.1 The Operations Department requires a minimum of 2% of the vehicular travelled
area for snow storage. A sign shall be erected on site designating the area for
snow storage.
9.2 The Emergency and Fire Services Department have offered no objection to the
proposal, provided the driveway is maintained for access by emergency vehicles.
9.3 The Engineering Services Department has no objection to the rezoning. The
status of Prince William Boulevard has changed since the previous temporary
use zoning by-law amendment, the lands are now owned by the Municipality of
Clarington. The Site Plan Agreement should permit those lands to be used as a
REPORT NO.: PSD-008-13 PAGE 5
temporary driveway, and that in the event that the construction of Prince William
Boulevard proceeds that notice is provided. Access to the site will not be
permitted during times of construction.
The Building Division requires details and dimensions of accessibility signs
including barrier free parking signs and location of barrier free entrances.
9.4 The Finance Department advises that the taxes are paid in full.
10. DISCUSSION
10.1 All agency comments have been received and there are no objections to the
approval of this application. Neither have there been any objections from the
public.
10.2 The proposed rezoning application provides for a temporary use of otherwise
undeveloped land until future development occurs. The proposed trailers will be
placed on the site temporarily and once the by-law expires the trailers will be
removed. As such the site will be relatively unaltered thereby maintaining a good
opportunity for redevelopment of the site in the future.
10.3 The access to Regional Road 57, a Type `A' Arterial is in the location of the
future alignment for Prince William Boulevard, the lands which are now owned by
the Municipality. The Municipal Solicitor will prepare the appropriate
documentation to permit access to the site from Regional Road 57, over the
lands. The sales pavilion is expected to disappear in advance of Prince William
Boulevard being constructed to Regional Road 57. Should Prince William
Boulevard be required prior to the expiry of the by-law, appropriate notice will be
given. This will be addressed in the Site Plan Agreement.
11. CONCURRENCE — Not Applicable
12. CONCLUSION
12.1 Provided there are no objections during the Public Meeting, it is respectfully
recommended that the proposed Temporary Use By-law be APPROVED and the
attached Zoning By-law be ADOPTED by Council.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Cynthia Strike
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law to amend By-law 84-63
List of interested parties to be advised of Council's decision:
Kelvin Whalen
Attachment 1
To Report PSD-008-13
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Attachment 2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON To Report PSD-008-13
BY-LAW NO. 2013-
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-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2012-0022;
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
introducing a new subsection 6.4.82 as follows:
"6.4.82 SPECIAL EXCEPTIONS—AGRICULTURAL(A-82)ZONE
Notwithstanding Sections 3.13, 6.1, 6.2 and 6.3 c) iii), d), those
lands zoned A-82 as shown on Schedule "A" attached to this By-
law shall only be used for a Temporary Sales Office with a
maximum of 3 sales trailers or a temporary building, subject to the
following zone regulations:
a) Yard Requirements
i) Interior Side Yard (minimum) 2 metres
b) Lot Coverage(maximum) 10%
c) Loading Spaces(minimum) 0
For the purpose of this Section, Temporary Sales Office shall mean
a sales trailer or temporary building used exclusively by a realtor,
builder, developer or contractor on a temporary basis for the sale,
display and marketing of residential lots, or dwelling units within a
Draft Approved Subdivision or Condominium Plan.
Pursuant to the requirements of Section 39 of the Planning Act,
1990, as amended, this use may be permitted for a period of three
years, ending on January 28, 2016."
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-82)"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 of the Planning Act.
BY-LAW passed in open session this day of 2013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law
passed this .
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SCHEDULES