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HomeMy WebLinkAboutPSD-030-17Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 15, 2017 Report Number: PSD-030-17 File Number: ZBA2017-0004 Resolution Number: PD-091-17 By-law Number: 2017-046 Report Subject: An Application by Brookfield Residential to Amend the Zoning By-law to facilitate a temporary homes sales pavilion, 995 Regional Road 17, Newcastle Recommendations: 1.That Report PSD-030-17 be received; 2.That provided there are no substantive concerns raised, that the proposed application for Rezoning ZBA2017-0004 by Brookfield Residential be approved and the By-law contained in Attachment 1 be adopted; 3.That a by-law to remove the (H) Holding Symbol be forwarded to Council once the Minimum Distance Separation has been confirmed to comply and all the requirements of the Clarington Official Plan are satisfied; 4.That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-030-17 and Council’s decision; and 5.That all interested parties listed in Report PSD-030-17 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-030-17 Page 2 Report Overview Staff has received a proposal by Brookfield Residential to amend the Zoning By-law to rezone from “Agricultural Exception (A-1)” to a zone that facilitates a temporary home sales pavilion, with a related 15 space parking area. Brookfield Residential proposes to sell homes for a draft approved subdivision south of the subject site, located between Regional Road 17 and Arthur Street, north of the Railway. 1. Application Details 1.1. Owner: Go Home Investments Inc. 1.2. Applicant/Agent: Brookfield Residential 1.3. Proposal: Amend Zoning By-law 84-63 to rezone from “Agricultural Exception (A-1)” to “Agricultural Exception (A-91)” 1.4. Area: 17.17 hectares (42.43 acres) 1.5. Location: 995 Regional Road 17, Newcastle (see Figure 1) 1.6. Roll Number: 18-17-030-030-04100 1.7. Within Built Boundary: No 2. Background 2.1. The proposal is to rezone a small portion of the property known as 995 Regional Road 17 to permit the placement of a trailer on a vacant site for a sales pavilion for the Draft Approved subdivisions in the North Village Neighbourhood between Regional Road 17 and Arthur Street, north of the Railway (see Figure 1). The applicant has applied for a related site plan approval. A driveway off Regional Road 17 will have to be built to access the site. The rezoning application is required as the sales pavilion, although on Brookfield-owned lands designated Urban Residential, will be north of the limits of the Draft Approved Plan of Subdivision. Municipality of Clarington Report PSD-030-17 Page 3 Figure 1: Site Plan Location, north of existing house and shed Figure 2: Sales Pavilion Front Elevation Municipality of Clarington Report PSD-030-17 Page 4 Figure 3: Existing, Condition of Sales Pavilion Site 3. Land Characteristics and Surrounding Uses The land is currently used for agricultural purposes. The surrounding uses are as follows: North - Agricultural Fields South - Residence & Agricultural Fields East - Agricultural Fields West - Regional Road 17 & Residential 4. Provincial Policy 4.1 Provincial Policy Statement and Provincial Growth Plan The Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe 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 a portion of the property will provide an interim use that supports the future urban residential neighbourhood it is located in. Municipality of Clarington Report PSD-030-17 Page 5 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the property as ”Living Areas”. The proposed temporary use supports the future urban residential neighbourhood it is located in. It appears to conform to the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands Urban Residential – Low Density subject to Special Policy Area G. Special Policy Area G recognizes a nearby hog operation northeast of the subject site and its related Minimum Distance Separation (MDS) area of influence. The proposed temporary use supports the future urban residential neighbourhood it is located in – North Village, while allowing for future development of said neighbourhood. The area of influence is to exist as long as the hog farm or similar livestock use exists, or the building has capacity to house livestock. 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) is temporary in nature; b) 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; 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. Generally, the extension of any temporary use by-law beyond a period of 10 years will not be permitted. The proposal conforms to the Clarington Official Plan. 5.3 Clarington Official Plan as amended by Amendment 107 The subject lands are designated Urban Residential – Low Density. The proposed temporary use supports the future urban residential neighbourhood it is located in, while allowing for future development. Section 23.4.4 of the Official Plan allowing temporary rezonings has remained and is unchanged in any significant way. The proposal conforms to the Amendment 107 Clarington Official Plan. Municipality of Clarington Report PSD-030-17 Page 6 6. Zoning By-law The property is currently zoned “Agricultural Exception (A-1)” which does not permit the use of a temporary sales pavilion and associated parking, hence the rezoning application. 7. Public Notice and Submissions 7.1 Public Notice was mailed to each landowner within 120 metres of the subject property and a public meeting sign was installed on the Regional Road 17 frontage 18 days prior to the Public Meeting. 7.2 As of writing this report, Staff has not received any inquiries. 8. Agency Comments 8.1 The Ganaraska Region Conservation Authority does not require circulation and has no comments. 8.2 The proposal has been reviewed by the Region of Durham Planning and Economic Development Department who have no concerns with the rezoning. 8.3 Access to the site for the temporary use is from Regional Road 17. The proposed access is located over 350 metres south of the intersection of Regional Road 17 and Concession Road 3 and does not have any sight line constraints. 9. Departmental Comments Engineering Services advised they have no objection to the temporary rezoning. The site plan will be reviewed for compliance to engineering standards for grading and drainage, site alteration and on-site movements. Emergency and Fire Services has no fire safety concerns. 10. Discussion 10.1 This proposal conforms to the Clarington Official Plan with respect to temporary uses. There is some discussion required on the exact location of the sales pavilion with respect to the minimum distance formula, road access and relationship to the neighbouring residential uses on the west side of Regional Road 17. This can be examined further at the site plan stage, provided that the rezoned area is sufficiently large to be flexible. 10.2 The minimum distance separation from the former hog operation must meet the requirements of the Province’s March 1, 2017 MDS requirements. An assessment of the capacity of the existing, unused farm buildings is required to confirm the building is outside of the setback arc. It is anticipated that the proposed location will be beyond the setback arc. The applicant has been informed of the need to gather the capacity Municipality of Clarington Report PSD-030-17 Page 7 information and confirm the required setback. 11. Concurrence Not Applicable. 12. Conclusion Given the minor and temporary scale of this proposal and that no public inquiries have been made, it is recommended that the application be approved, provided there are no concerns raised at the public meeting. 13. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell@clarington.net Attachment 1: Proposed Zoning By-law Amendment The following is a list of the interested parties to be notified of Council’s decision. Joanne Fung, Brookfield Residential BR/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0004 Brookfield Sales Trailer\Staff Report\PSD-030-17.docx Municipality of Clarington Attachment 1 to PSD-030-17 Corporation of the Municipality of Clarington By-law Number 2017-0XX 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 ZBA2017-0004; 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 6.4.91 as follows: “6.4.91 Special Exceptions – Agricultural (A-92) Zone Notwithstanding Section 3.12, 3.26, 6.1, 6.2 and 6.3 c) i), those lands zoned A-92 as shown on Schedule “A” attached to this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone, be used for a Temporary Sales Office, subject to the following zone regulations: a) Yard Requirements i) Setback from Regional Road 17 (minimum) 24 metres b) Loading Spaces (minimum) 0 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 May 23, 2020.” 2. Schedule ‘5’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Holding - Agricultural Exception (H))A-92) 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 Sections 34, 36 and 39 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2017 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0004 Brookfield Sales Trailer\Staff Report\PSD -030-17 Draft Zoning By-law.docx