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Report To: Planning and Development Committee
Date of Meeting: June 20, 2017
Report Number: PSD-042-17
File Number: ZBA2017-0013
Resolution Number: PD-127-17
By-law Number: 2017-056
Report Subject: An Application by Kaitlin Homes Limited to Amend the Zoning
By-law to permit the extension of a Temporary Use Zoning By-law to
facilitate a temporary homes sales pavilion at 3 Martin Road,
Bowmanville.
Recommendations:
Provided there are no significant concerns raised at the Public Meeting:
1.That Report PSD-042-17 be received;
2.That the proposed application for Rezoning ZBA2017-0013 by Kaitlin Homes Limited be
approved and the By-law contained in Attachment 1 to Report PSD-042-17, be adopted;
3.That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-042-17
and Council’s decision; and
4.That all interested parties listed in Report PSD-042-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-042-17 Page 2
Report Overview
This report recommends the approval of an application by Kaitlin Limited to amend the Zoning
By-law to permit an extension of a Temporary Use Zoning By-law for an existing sales pavilion
located at 3 Martin Road in Bowmanville.
1. Application Details
1.1. Owner: 668390 Ontario Limited (Kaitlin Homes Limited)
1.2. Applicant: Enzo Bertucci
1.3. Proposal: Amend Zoning By-law 84-63 to permit the extension of a
Temporary Use Zoning By-law for an existing sales pavilion.
1.4. Area: 0.5 hectares
1.5. Location: 3 Martin Road, Bowmanville
1.6. Roll Number: 18-17-010-020-16005
1.7. Within Built Boundary: Yes
2. Background
On September 15, 2008, Council originally approved a Temporary use By-law to permit a
new home sales pavilion for Kaitlin’s various projects in Clarington. In January 2013,
Council approved zoning by-law amendment to permit the extension of a Temporary Use
By-law for the existing home sales pavilion. The use includes the sales office building and
an associated parking lot. The site is located immediately north of the Canadian Pacific
Railway and west of Martin Road in Bowmanville. The applicant has now reapplied to
extend the existing use for an additional three year period.
3. Land Characteristics and Surrounding Uses
3.1 Kaitlin’s current sales pavilion, along with the associated parking lot has been located on
the site since 2013. The property has frontage on Martin Road (Durham Regional Road
57) and abuts the north limits of the Canadian Pacific Rail Line. The property is generally
flat, gently sloping from east to west (See Figure 1).
3.2 The surrounding uses are as follows:
North - Road Allowance for the Future Expansion of Prince William Boulevard and
vacant land
South - Canadian Pacific Railway, land owned by Metrolinx for future GO Station
East - Existing Residential Subdivision south of the railway and vacant lands
north of the railway
West - Vacant lands, Go Commuter lot and Bus Station, and Commercial uses
Municipality of Clarington
Report PSD-042-17 Page 3
Figure 1: Site Location Map
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
address 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 application conforms.
Municipality of Clarington
Report PSD-042-17 Page 4
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designated the subject property as a Regional Centre.
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 conforms with the Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands as Town Centre. The lands are also
within the Bowmanville West Town Centre Secondary Plan area. Within the Bowmanville
West Town Centre Secondary Plan, the land is designated “Mid-rise High Density
Residential”.
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 hazard lands, 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.
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; generally has no adverse impact on traffic or transportation
facilities; and will not have an impact on the long term implementation of the Plan.
The proposed temporary use conforms with the Clarington Official Plan.
5.3 Clarington Official Plan as amended by Amendment 107
On November 1, 2016, Council adopted Official Plan Amendment 107 (OPA 107) to bring
the Clarington Official Plan into conformity with the Regional Official Plan and the
Provincial policies. The subject lands are identified as an Urban Centre.
Municipality of Clarington
Report PSD-042-17 Page 5
The sales pavilion is a commercial use and is consistent with the policies of the ‘Urban
Centre designation. Section 23.4.4 of the Official Plan, which allows temporary rezoning
has remained and is unchanged in any significant way.
The proposal conforms with the policies of the OPA 107 as adopted by Council.
6. Zoning By-law
As the previous Temporary Use By-law has expired, the property is currently zoned
“Agricultural (A)”. The expired “Agricultural Exception (A-82) Zone” permitted a
Temporary Sales office with a maximum of 3 sales trailers or a temporary building used
exclusively by a realtor, builder, developer or contractor on a temporary bases for the
sale, display and marketing of residential lots, or dwelling units within a Draft Approved
Subdivision of Condominium Plan. The applicant wishes to continue the use as a
temporary Sales Office, requiring the further rezoning.
7. Public Notice and Submissions
Figure 2: Notice of Development Proposal
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 Martin Road frontage 30 days prior to the
Public Meeting.
7.2 As of writing this report, no inquiries have been received.
Municipality of Clarington
Report PSD-042-17 Page 6
8. Agency Comments
8.1 Canadian Pacific Railway and Metrolinx
The application was circulated to the Canadian Pacific Railway and Metrolinx, both of
whom have advised they have no concerns with rezoning.
8.2 Durham Region Departments
The application was circulated to the Durham Planning and Works Departments. The
Durham Region Works Department has no objection to the rezoning application. As of the
writing of this report, no comments had been received from the Durham Planning
Department.
9. Departmental Comments
9.1 Engineering Services has no objection to the proposal.
9.2 Emergency and Fire Services has no fire safety concerns.
9.3 The Building Division has no concerns with the proposal.
10. Discussion
10.1 This proposal conforms to the Clarington Official Plan with respect to temporary uses.
10.2 The proposed rezoning application provides for a temporary use of otherwise
undeveloped land until future development occurs. The proposed trailers exist on the site
on a temporary basis will be removed once the by-law expires or the site is ready for
redevelopment. As such the site will be relatively unaltered thereby maintaining a good
opportunity for redevelopment of the site in the future.
10.3 The site has operated for over three years with no major issues. A few times, the site has
been very busy with a new residential subdivision or new phase release. Parking has
overflowed onto Regional Road 57. Part of this was the recent sales frenzy. We cannot
base site requirements on these extraordinary events. The site meets the zoning By-law
requirements for parking. However, recognizing that this is an arterial road with limited
opportunities for side street parking and that there may continue to be a few extraordinary
days in the future, staff have requested an amendment to the site plan to better address
the overflow parking on the site.
10.4 There are no objections to the approval of this application from the circulated
departments and agencies.
11. Concurrence
Not applicable
Municipality of Clarington
Report PSD-042-17 Page 7
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: Amanda Watson, Planner I, 905-623-3379 ext. 2420 or awatson@clarington.net
Attachments:
Attachment 1: Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council’s decision.
Enzo Bertucci, Brookfield Residential
AW/CP/df
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0013 3 Martin Road\Staff Report\PSD-042-17 .docx
Attachment 1 to
Municipality of Clarington Report PSD-042-17
Corporation of the Municipality of Clarington
By-law Number 2017-____
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
ZBA2017-0013;
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 Section 3.12, 3.26, 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
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 June 20, 2020.”
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) 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