HomeMy WebLinkAboutPSD-038-15 Clarington
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Report
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Report To: General Purpose and Administration Committee
Date of Meeting: June 22, 2015
Report Number: PSD-038-15 Resolution Number:
File Number: ZBA 2015-0008 and SBA2015-0001 By-law Number:
Report Subject: An Application by Far Sight Investments Ltd. to amend Zoning
By-law 84-63 to permit a temporary sales office for new homes
in a subdivision on Lambs Road, north of King Street East,
Bowmanville and to amend Sign By-law 2009-0123
Recommendations:
1. That Report PSD-038-15 be received;
2. That the Zoning By-law Amendment submitted by Far Sight Investments Limited as
contained in Attachment 1 of Report PSD-038-15 be approved;
3. That the Sign By-law Amendment submitted by Far Sight Investments Ltd. be
approved as contained in Attachment 2;
4. That the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-038-10 and Council's decision; and
5. That all interested parties listed in Report PSD-038-15 and any delegations be
advised of Council's decision
Municipality of Clarington
Report PSD-038-15 Page 2
Report Overview
A rezoning application submitted by Far Sight Investments Ltd. to permit a temporary off-
site sales and presentation for new homes in a draft approved plan of subdivision (S-C-
2005-002) and an application for a Sign By-law amendment regarding the location,
number and size of signs proposed for both the draft approved plan of subdivision lands
as well as the new homes sales centre site.
1 . Application Details
1.1 Owner/Applicant: Far Sight Investments Ltd.
1.2 Proposal: Rezoning
To amend the Zoning By-law 84-63 to permit a
temporary new home sales presentation and sales
centre for a maximum three (3) years
Sign By-law Amendment:
To amend the Sign By-law 2009-0123 to permit
Subdivision Development signs at the proposed off-site
sales centre site where none are permitted; to recognize
the V-shaped signs as double-face signs; and to
increase the maximum permitted area of Subdivision
Development signs from 10 m2 to 13m2
1.3 Area: 5.7 hectares
1.4 Location: Part Lot 7, Concession 1, former Township of Darlington
2840 Highway 2, Bowmanville
1.5 Within Built Boundary: No
2. Background
2.1 On March 30, 2015 applications for Zoning By-law Amendment, Site Plan application
and Sign By-law Amendment application were submitted by the applicant to permit
the temporary use of a new home sales and presentation centre. The applicant is
proposing a 236 square metre (2,540 square feet) presentation centre with a clock
tower feature at the corner of Durham Highway 2 and Lambs Road.
The Sign By-law amendment is for the location, number and size of signs proposed
to market the new subdivision, both on the Draft Approved lands and at the proposed
temporary new home sales and presentation centre.
2.2 On August 6, 2010, Draft Plan Approval was issued for a plan of subdivision
application (S-C-2005-002) by Far Sight Investments Ltd. for the development of 273
Municipality of Clarington
Report PSD-038-15 Page 3
single-detached dwellings, 29 townhouse dwellings and 279 medium density
dwellings located at the southwest corner of Concession Street East and Lambs
Road in Bowmanville. The lands within the draft approved plan of subdivision are
immediately north of the lands now subject to the proposed rezoning for a temporary
sales centre. The owner, Far Sight Investments Ltd., is working towards Final
Approval and registration of Phase 1 of the Draft Plan. The owner is looking to start
selling the homes in the residential community marketed as Timber Trails.
2.3 The applications have been circulated to a number of agencies for comment. The
application for Zoning By-law Amendment was deemed complete on April 23, 2015.
The Site Plan application was originally deemed incomplete. Staff questioned
whether the proposed building on a foundation was truly temporary in nature and
therefore in compliance to the Official Plan provisions for a temporary use By-law.
The applicant has since provided a rationale for proposing the foundation and the
Site Plan application was deemed complete on June 8, 2015.
Figure 1: Key Map
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Municipality of Clarington
Report PSD-038-15 Page 4
2.4 A public meeting was held on May 25, 2015 for the purpose of providing information
and to seek input on the application from the public. At the meeting one nearby
resident stated concerns regarding security at the sales centre site. The Applicant
made a presentation clarifying the proposal and responded to questions from
members of Council. The comments are addressed in Section 7 of this report.
2.5 Since the public meeting, the applicant has met with Planning staff and has refined
the proposal. The Applicant has clarified the proposal for situating the sales centre
on a foundation and for potentially installing a septic system in place of the originally
proposed holding tank for sanitary purposes. Additionally, the number and size of
signs proposed for marketing the sales centre and subdivision has been reduced
from the original proposal.
3. Land Characteristics and Surrounding Uses
3.1 The subject site is located at the northwest corner of Highway 2 and Lambs Road in
Bowmanville and is currently vacant. Soper Creek and associated valley lands
including a wetland community bisect the site. The southeast section of the property
is a field clear of significant vegetation; it was previously cropped.
Figure 2: Subject Site
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ZBA 2015-0008
Municipality of Clarington
Report PSD-038-15 Page 5
3.2 The surrounding uses are as follows:
North: The Kingdom Hall of Jehovah's Witnesses; current agricultural field (Draft
Approved site of future residential subdivision by Far Sight Investments Ltd.)
South: Industrial uses within the Clarington Technology Business Park; agricultural field
East: Seventh Day Adventist Church; rural residential dwellings
West: Commercial uses including an apartment building, the Bowmanville Veterinary
Clinic and auto sales
4. Provincial Policy
The application is proposing to rezone the subject lands to permit a temporary sales
centre for a previously draft approved plan of subdivision. The temporary nature of the
proposed use in this application is not addressed in Provincial Policy and the proposal
does not conflict with Provincial Plans.
5. Official Plans
5.1 Durham Regional Official Plan
The subject site is designated Regional Corridor and Living Areas within the Durham
Regional Official Plan. Regional Corridors shall be developed to achieve a mix of
commercial, residential, employment and institutional uses and are to promote public
transit ridership through higher residential densities and compact form. Living Areas shall
be used predominately for housing purposes.
As the proposed rezoning application is to allow a temporary new homes sales centre,
this application does not conflict with the policies of the Regional Official Plan in regards
to the future planned development for the subject lands.
5.2 Clarington Official Plans
The Clarington Official Plan designates the subject lands Urban Residential Area — Low
Density and Environmental Protection. Low Density residential uses shall be developed
between 10-30 units per net residential hectare. The predominant housing form shall be
single detached, semi-detached/link and duplex to a maximum height of 2.5 storeys. The
sales centre will be built entirely within the area of the site designated Urban Residential
Area and south of the area that is designated Environmental Protection Area.
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 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;
Municipality of Clarington
Report PSD-038-15 Page 6
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.
6. Zoning By-law
Within Zoning By-law 84-63, the subject lands are zoned "Agricultural (A)" and
"Environmental Protection (EP)". The proposed sales centre will be built entirely within
the area of the subject lot that is zoned Agricultural. Commercial type uses, unrelated to
agriculture, are not permitted within the Agricultural zone. A temporary use Zoning By-
law Amendment is required in order to permit a sales centre on the subject property. The
proposed rezoning would permit a temporary sales centre, for up to a maximum three
years.
7. Public Notice and Submissions
7.1 Staff received one email from a landowner on the east side of Lambs Road in support of
the temporary rezoning application prior to the public meeting. No submissions objecting
to the proposal have been received.
7.2 At the public meeting on May 25, 2015, one nearby resident spoke. The resident voiced
concerns regarding security at the proposed sales centre site and particularly with how
the applicant plans to protect the site from vandals during the operation of the sales
centre and after the building is removed.
8. Agency Comments
8.1 Central Lake Ontario Conservation Authority
Conservation Authority staff have reviewed the application and have no objections to the
rezoning for the proposed temporary sales centre use on the subject lands. However, the
following items must be addressed prior to supporting the Site Plan application:
• Revising the drawings to include the regulatory floodplain, access allowances, the
dripline and setback distances;
• Minor refinements to the Grading Plan and increased consistency between the
Grading Plan and Landscape Plan; and
• Adjustments to the grading on the Erosion and Sediment Control Plan.
Municipality of Clarington
Report PSD-038-15 Page 7
8.2 Durham Region Works Department
The Regional Works Department have no objection to the rezoning application and
provide the following comments for the site plan application:
• Municipal water supply and sanitary sewer service is not available to the subject
property. All reference to existing watermains on Regional Highway 2 and Lambs
Road should be removed from the Site Grading Plan;
• The applicant must convey the road widening, as shown on the site plan, to the
Region as a condition of Site Plan approval;
• The proposed entrance location on Regional Highway 2 is not acceptable given its
close proximity to the Lambs Road intersection and the slight offset it creates with
the entrance on the south side of the road. The proposed entrance should be
relocated further west so that it is located at the midpoint between the two entrances
on the south side of the road; and
• The proposed entrance design should be revised to include an 8 metre throat width
with no median located in the entrance. Also, all signage must be located on private
property, outside of the limits of the road widening.
8.3 Durham Region Health Department
The Durham Region Health Department advise that they have no objection to the
rezoning and will review the proposed servicing for the sales centre site prior to Site Plan
approval.
9. Departmental Comments
9.1 Engineering and Building Services
Clarington Engineering Services reviewed the application and have no objection to the
rezoning. They indicated that prior to final approval of the site plan application, the
applicant will be required to satisfy the following concerns and conditions.
• While the proposed grading for the site appears to be relatively minimal, there is not
sufficient detail on the Site Grading Plan to make that determination. Existing and
proposed grades must be clearly shown.
• The Stormwater Management Brief is acceptable to the Municipality, however, it is
subject to the approval of Central Lake Ontario Conservation Authority.
• The construction access off Lambs Road was not presented at the pre-consultation
meeting in January 2015. No detail has been provided on any of the plans. The
location of the temporary access must meet the requirements of the Municipality's
Entrance policy.
Municipality of Clarington
Report PSD-038-15 Page 8
The Clarington Building Division reviewed the application and indicated that at the Site
Plan Approval stage a barrier-free path of travel will be required to the main entrances of
the building from the barrier-free parking spaces. The applicant must submit the
approved application for water service from the Durham Region Works Department and
Regional Health Department for consent for the proposed septic prior to issuance of a
building permit. Additionally, both the sales centre and clock tower feature will require a
building permit.
9.2 Emergency and Fire Services
Clarington Emergency and Fire Services reviewed the application and have no objections
to the rezoning.
9.3 Clarington Operations
Clarington Operations reviewed the application and have no objections to the rezoning.
They indicated that under Section 122 of the Highway Traffic Act, it is prohibited to push
snow onto the municipal roadway. The plans must show the dedicated snow storage
area, and the proper signage shall be installed on site. The typical area that shall be
dedicated to snow storage is a minimum of 2% of the vehicular travelled area.
10. Discussion
10.1 The Site Plan application for the temporary sales centre is currently being processed. A
number of revisions to the drawings are necessary prior to final approval of the plans.
The required site plan agreement will be prepared to address servicing requirements,
parking requirements, access, grading, lighting, signage, landscaping and the location of
the sale office on the site due to the prominence of the site's location.
10.2 Temporary Use
The applicant's site plan application shows the sales centre is located on a foundation
with a basement. Staff have had concerns that the building design with a foundation
implies that the building could potentially be permanent and not temporary as is required
by Temporary Use By-law policies in the Clarington Official Plan. Since the public
meeting on May 25, 2015 the applicant has confirmed the intent for building the proposed
sales home on a foundation by stating that given the grades of the site and their
objectives for the sales and presentation centre, it is the most cost effective option and
will result in a more attractive and fully accessible building than if it is built on piers. It will
also be built at grade and eliminate ramps and steps typically associated with temporary
sales and presentation centre. Furthermore, the basement will used to hold utilities for
the sales centre including a water tank and furnace. The applicant anticipates the sales
period for all new homes in the subdivision will extend for approximately 6 years requiring
an extension to the 3 year temporary use By-law term should this application be
approved. Given this potential timeline, the applicant feels it is worth the investment to
build the building on a foundation. Additionally, the applicant has stated that the sales
centre will be built with wood frame construction rather than using more permanent
commercial construction materials such as steel. Staff are satisfied that the proposed
Municipality of Clarington
Report PSD-038-15 Page 9
sales centre will be temporary and should the application be approved, the applicant will
be required to remove the foundation and building at their own expense upon the expiry
of the temporary By-law.
10.3 The applicant had initially proposed using an on-site holding tank for sanitary purposes,
however, has more recently considered installing a septic system instead. The applicant
stated that a septic system would be just as cost effective as a holding tank as it will be
designed in-house and will be more environmentally sensitive than using a holding tank.
The use and location of the septic system will require approval from the Durham Health
Department when the applicant applies for a building permit.
10.4 At the public meeting, one nearby resident stated concerns regarding security at the
proposed sales centre site and sought assurance that the applicant would take
responsibility for securing the sales centre site. The applicant has responded to this
concern by proposing to install internally monitored security cameras and an alarm
system to protect the site. Additionally, the applicant has noted that there will be staff
present on-site every day of the week except for Friday providing oversight of the sales
centre.
Figure 3: Applicant's rendering of proposed sales centre
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10.5 Sign By-law Amendment
The applicant has submitted an application for an amendment to the Clarington Sign By-
law 2009-0123 since the proposed signage for the sales office and subdivision site does
not comply with Sign By-law 2009-0123 as the number of signs proposed exceeds what
is permitted and some of the proposed signs are oversized. The Sign By-law permits one
Subdivision Development Sign per road frontage which would allow the applicant to have
a total for three signs of this type — one sign each facing Concession Road 3, Lambs
Road and Highway 2. The applicant originally proposed to have five Subdivision
Development Signs on the Lambs Road frontage, one on Concession Road and two on
the sales presentation and centre site at Highway 2. The size of the signs on Concession
Road and the sales centre site had a proposed sign area of 17.63 m2, while the signs
Municipality of Clarington
Report PSD-038-15 Page 10
on Lambs Road varied from 2.97 m2 to 11.89 m2. The Sign By-law allows a maximum
sign area of 10 m2.
The applicant has revised the application and is now seeking to amend the Sign By-law
by proposing one additional Subdivision Development sign to be located on the sales and
presentation centre site for a total of four Subdivision Development signs for the
combined sales centre and presentation site and draft plan of subdivision lands. The
applicant is also seeking to increase the maximum sign area permitted by the Sign By-
law from 10 m2 to 13 m2 for each of the four proposed Subdivision Development signs.
All proposed signs comply with the maximum height provisions, 7.5 metres, of the Sign
By-law.
The two signs proposed for the sales centre site are designed in a V-shape and the
applicant is seeking to amend the Sign By-law to treat each V-shaped Subdivision
Development sign proposed for the sales and presentation centre as double-face sign, as
defined in the Sign By-law, rather than as two separate signs.
10.6 Two of the Subdivision Development signs proposed by the applicant are to be located
on the sales centre site itself, however, the Sign By-law provides that these types of signs
are only permitted on the draft approved plan of subdivision site. The proposed sales
centre site is not within the limits of the Draft Approved Plan of Subdivision, although it is
on part of the land ownership which includes the approved Draft Plan of Subdivision.
10.7 Staff support the applicant's proposal to amend the Sign By-law by increasing the total
number of Subdivision Development signs from three to four by adding a second sign on
the Highway 2 frontage and allowing the Subdivision Development signs on the sales and
presentation centre site. Staff also support the proposal to consider each of the proposed
V-shaped signs as single double-face sign rather than as two separate signs provided
each face is less than 45 degrees apart. However, staff do not support the applicant's
request to increase the total area of the Subdivision Development signs from 10 to 13 m2.
A 10 m2 sign allows for 108 ft2 or a sign that is 9 ft by 12 ft. The limited vehicle speeds
along Lambs Road and Concession Street would not appear to warrant the need for
larger signs in order to be visible to passing traffic. The two signs proposed to face
Highway 2 will be formed in a V-shape, a design that is purposefully intended to
maximize visibility to passing traffic in either direction as a result of the two oppositional,
angled faces on each sign. An increase in sign area beyond the 10 m2 or 108 ft2
permitted in the By-law would not appear to be necessary to make these sign visible to
passing traffic.
10.8 The applicant has proposed a Ground Sign to be located in a median within the entrance
to the proposed sales centre site. The Durham Region Works Department has
commented that there should be no median in the entranceway and that all signage
should be located outside of the limits of the road allowance or road widening. The Sign
By-law does not regulate signs within the road allowance, however, this proposed
location is not consistent with the intent of maintaining a 3.0 x 3.0 metre visibility triangle
free of structures that may cause an impediment to visibility of drivers accessing the site
where a driveway intersects a road. The applicant has suggested that they will only
pursue this sign if the Regional Works department is satisfied with its proposed location.
Municipality of Clarington
Report PSD-038-15 Page 11
The proposed sign meets all size and area requirements of the Sign By-law if placed
further into the site.
10.9 The applicant has proposed an 11.5 metre tall clock tower feature to be erected at the
southeast corner of the lot that abuts Durham Highway 2 and Lambs Road (see Figure
4). The applicant intends for the tower feature to become a point of interest or entry
feature for the Bowmanville urban area and to retain the feature on-site beyond the
temporary term of the sales centre, when the site redevelops in the future. The
permanency of this structure would be contrary to the intent of the Temporary Use By-
law. Additionally, if the clock tower were to be constructed as an entrance feature for the
east end of Bowmanville, the design should be more neutral rather than maintaining the
marketing design of a single subdivision. Although the Owners gesture to create an
entrance feature is appreciated. It would not comply with the Temporary Zoning By-law
Amendment and is not supported. Staff do not support the Clock Tower Structure.
Figure 4: Applicant's rendering of tower feature
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Municipality of Clarington
Report PSD-038-15 Page 12
11 . Concurrence
Not Applicable
12. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the proposed zoning by-law be approved as contained in Attachment 1 and that the
Sign By-Law Amendment be approved in part as contained in Attachment 2.
13. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by, ' � N ..., ` f .� rr Reviewed b
id J. Cro , MCIP, , P Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Dave Addington, Planner 1, 905-623-3379 ext. 2419 or
daddington @clarington.net
Attachments:
Attachment 1- Zoning By-law Amendment
Attachment 2- Sign By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Mr. Robert Shickedanz, Far Sight Investments Inc.
Hannu Halminen, Halminen Homes
Richard Mostert
Attachment 1 to
Municipality of Clarington Report PSD-038-15
Corporation of the Municipality of Clarington
By-law 2015-
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
2015-0008;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 2 DEFINITIONS is hereby amended by adding thereto,the following definition:
"TEMPORARY SALES OFFICE: shall mean a temporary building used exclusively by a
realtor, builder,developer or contractor on a temporary basis for the sale, display and
marketing or residential lots and dwellings within a draft approved subdivision or
condominium plan.
2. Section 6.4 "SPECIAL EXCEPTIONS —AGRICULTURAL (A)ZONE" is hereby amended
by adding a new Special Exception Zone as follows:
"6.4.88-AGRICULTURAL EXCEPTION
Notwithstanding Sections 3.13, 3.16 a.,3.21 a., 6.1, 6.2 and 6.3 c. i)those lands zoned
A-88, as shown on the Schedules to this By-law may only be used for a Temporary
Sales Office, subject to the following provision:
a. Yard Requirements (minimum)
i) Front Yard 12 metres
ii) Setback to an Environmental Protection (EP)Zone 30 metres
b. Parking Spaces (minimum) 8 spaces
c. Loading Spaces(minimum) nil
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
June 29, 2018."
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-88)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 36 of the Planning Act.
By-Law passed in open session this day of 2015
Adrian Foster, Mayor
C.Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2015- ,
passed this day of , 2015 A.D.
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Zoning Change From"A"To"A-88"
Zoning To Remain"EP"
Zoning to Remain"(H)R3-42"
Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk
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Bowmanvill6 l o ZBA 2015-0008
<_� SCHEDULE 3
Attachment 2 to
Municipality of Clarington Report PSD-038-15
Corporation of the Municipality of Clarington
By-law 2015-
being a By-law to amend By-law 2009-0123,the Sign By-law for the Corporation of the
i
Municipality of Clarington
Whereas Section 11 of the Municipal Act, 2001, Chapter 25, as amended, provides for the
amendment of By-laws regulating or prohibiting the erection of signs;
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 2009-0123, as amended,of the Corporation of the Municipality of Clarington for
SBA 2015-0001;
Now Therefore Be It Resolved That,the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 9—Exceptions by Amendment is hereby amended by inserting the following new
subsection:
"9.27 Notwithstanding Section 7.9 Table 2,two subdivision development signs are
permitted at the new home sales and presentation centre site at 2840 Highway 2 in
Bowmanville; and
Notwithstanding Section 2.1 "SIGN AREA ii)",the total sign area for V-shaped signs
located at 2840 Highway 2 is measured as the area of one display surface provided
that the angle of the two panels forming the V-shape are separated by no more than
45 degrees."
By-Law passed in open session this day of 2015
Adrian Foster, Mayor
C.Anne Greentree, Municipal Clerk
I