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Home My WebLink AboutPSD-002-14 • lll1 11 REPORT Leading the Way PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 6, 2014 Resolution #: , ' °/YBy-law #: 0901 - of Report #: PSD-002-14 File #: ZBA 2013-0032 Subject: APPLICATION FOR REZONING TO EXTEND THE MAXIMUM THREE (3) YEAR PERIOD FOR A TEMPORARY NEW HOME SALES FACILITY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-002-14 be received; 2. THAT provided there are no significant concerns to the application raised during the Public Meeting, the application to amend By-law 84-63 submitted by Brookfield Homes (Ontario) Limited to extend the maximum three (3) year period for a temporary new home sales facility be approved; 3. THAT the attached by-law be passed; 4. THAT the Durham Region Planning Department and Municipal Property Assessment Corporation (MPAC) be forwarded a copy of Report PSD-002-14 and Council's decision; and 5. THAT all interested parties listed in Report PSD-002-14 and any delegations be advised of Council's decision. 4f Submitted by: / Reviewed by:k �` � F Davi J. ome, MCIP, RPP Franklin Wu Director, tanning Services Chief Administrative Officer CS/CP/df 13 December 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-002-14 PAGE 2 1. APPLICATION DETAILS 1.1 Applicant: Brookfield Homes (Ontario) Limited 1.2 Owner: West Diamond Properties Inc. 1.3 Proposal: To amend the Zoning By-law to extend the maximum three (3) year period for a temporary new home facility. 1.4 Area: 0.47 hectares 1.5 Location: 2101 Green Road, Bowmanville, being Part Lot 16, Concession 2, former Township of Darlington (see Figure 1). Figure 1 Property Location Map(Bowmanville) ® r $ Subjed SRe Future Brookhill Boulevard STEVENS ROM N � a ��a � O�MiGHz u IV 0 0 -Subject Site aa` Other Lands Owned by Applicant � N a��- ZBA 2013-0032 8 ain Zoning By-law Amendment � as 9 N Owner: 1613881 Ontario Inc 2. BACKGROUND 2.1 On October 4th, 2010 Council approved a temporary use by-law to permit a new home sales facility at 2101 Green Road, in Bowmanville. The site is currently used by Brookfield Homes and Jeffery Homes for the sale of homes in the Brookhill neighbourhood. The temporary use by-law expired in October 2013. The applicant is seeking to extend the use of the sales facility for an additional three (3) years to 2017 (see Figure 2). REPORT NO.: PSD-002-14 PAGE 3 Figure 2 - C - Brookfield JEFFERY Ti 111 1 11 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are located on the east side of Green Road, just north of the Clarington Central Secondary School south of the newly constructed extension of Brookhill Boulevard. 3.2 The surrounding uses are as follows: North - Vacant/Proposed Draft Plan of Subdivision S-C-2012-0003 South - Public Secondary School East - Vacant West - Single, semi and townhouse units 4. OFFICIAL PLAN 4.1 Clarington Official Plan The subject site is designated "Town Centre" within the Clarington Official Plan. It is also identified as "Community Facility" within the Bowmanville West Town Centre Secondary Plan. REPORT NO.: PSD-002-14 PAGE 4 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. Community Facilities, within the Bowmanville West Town Centre, shall include uses such as public recreation facilities, religious institutions, public and private schools, housing for persons with special needs and municipal facilities. Although the proposed use does not meet the definition of a Community Facility use, the Clarington Official Plan allows Council to pass temporary use by-laws to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: a) the proposed use it 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; 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. 5. ZONING BY-LAW 5.1 The subject lands are zoned "Agricultural Exception (A-41)", which allowed a new home sales facility between October 3, 2010 and October 4, 2013. Only agricultural uses are permitted at the present time. 6. PUBLIC NOTICE AND SUBMISSIONS 6.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting sign was installed along the Green Road frontage. No inquiries on the subject application were received at the time this report was written. 7. DEPARTMENTAL COMMENTS 7.1 The Clarington Emergency Services has no objection to the proposal. REPORT NO.: PSD-002-14 PAGE 5 7.2 The Clarington Engineering Services Department has no objection in principal, require a site plan be submitted that depicts the as constructed conditions on the existing site. 7.3 The Clarington Building Division have no objections to the proposal. 8. DISCUSSION 8.1 The sales facility is currently being used by Brookfield Homes and Jeffery Homes for new home sales in the first two phases of the Brookhill neighbourhood. The extension to the temporary sales facility is required as the second phase is now registered and the lots have been released for sale. 8.2 In 2010, the access to the sales site was constructed on the alignment for extension of Brookhill Boulevard. Since then, Brookhill Boulevard has been constructed but will not be opened until the street lights have been installed and are functional. During the construction of Brookhill Boulevard it was determined that the sales office was constructed in the wrong location, being set too close to Green Road. The applicant is required to submit revised drawings which depict the actual or as built location of the sales facility, as well as the location of the access on Brookhill Boulevard. 8.3 Sales facilities are permitted on lands that are draft approved or in a "General Commercial (Cl) Zone". The subject site is an appropriate site for the sales facility, however was previously zoned "Agricultural (A)" prior to the passing of the by-law in October 2010. The "A-41" zone is specific to this sales facility. 9. CONCURRENCE — Not Applicable 10. CONCLUSION 10.1 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. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Cynthia Strike, Principal Planner Attachments: Attachment 1 —Zoning By-law List of interested parties to be advised of Council's decision: Brookfield Homes (Ontario) Limited, Attn: Aidan Dekkema West Diamond Properties Inc. & Players Business Park Ltd., Attn: Thomas Albani ATTACHMENT TO REPORT PSD-002-14 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2014- 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 2013-0032; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.41 "SPECIAL EXCEPTIONS — AGRICULTURAL EXCEPTION (A-41) ZONE" is hereby amended by deleting the following words: "October 4, 2013" and replacing them with the following words: "October 4,2017". 2. Schedule"A"attached hereto shall form part of this By-law. 3. 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. I BY-LAW passed in open session this day of 2014 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2014- passed this day of , 2014 A.®. FUTURE BROOKHILL BOULEVARD O W N ® Zoning To Remain A-41 Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk p /V Ead a s a^r Bowmanvi �e ZBA2013.0032. " „„„,Y, SCHEDULE 3