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Home My WebLink AboutPDS-037-22Clarington 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: Special Planning and Development Committee Date of Meeting: September 12, 2022 Report Number: PDS-037-22 Submitted By: Carlos Salazar, Director of Planning and Development Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: PD-086-22 File Number: ZBA2022-0011 By -Law#: 2022-048 Report Subject: An application to amend Zoning By-law 84-63 to permit a Temporary Sales Office in Courtice. Purpose of Report: The purpose of this report is to provide information to the public and Council. Recommendations: 1. That Report PDS-037-22 and any related communication items, be received for information only; 2. That provided there are no significant concerns with the application during the Public Meeting, the application submitted by Ridgeworth Developments Inc. to change the zoning to permit a new temporary home sales office and an associated parking lot for a maximum of three (3) years be approved; 3. That once all requirements as identified in the Staff report PDS-037-22 are satisfied, the By-law authorizing the Removal of the (H) Holding Symbol be approved; 4. That Staff receive and consider comments from the public and Council with respect to the Rezoning Application (ZBA2022-0011); 5. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-037-22 and Council's decision; and 7. That all interested parties listed in Report PDS-037-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-037-22 Report Overview Page 3 The applicant is proposing to construct a 1-storey Temporary Sales Office for a proposed subdivision on Bloor Street. The Temporary Sales Office is proposed to be located on the north side of Bloor Street, west of Trulls Road in Courtice. 1. Application Details 1.1 Owner / Applicant: Ridgeworth Developments Inc. 1.2 Proposal: To amend the Zoning By-law to permit a temporary sales office for a maximum three (3) years. To rezone the proposed location of the temporary sales office from "Agricultural (A) Zone" to a "Holding — Agricultural Exception ((H)A-95). 1.3 Area: The lot area of the entire property is 31.26 hectares. The lot area of the "Agricultural Exception (A-95) Zone", where the temporary sales office will be situated is 1.7 hectares. 1.4 Location: 1588 Bloor Street, Courtice Part Lots 31 and 32, Concession 2, former Township of Darlington, 1.5 Within Built Boundary: Yes Municipality of Clarington Report PDS-037-22 31 pp } 1588 e Bloor StrE ZBA2022-0011 Figure 1: Site Location Map Page 5 f 2123 ' 107 2Y zc1G 2065 .1. 2. za5' 2035 m [�1.N �-e .JA Municipality of Clarington Report PDS-037-22 2. Background Page 5 2.1 On July 23, 2021, a Draft Plan of Subdivision and Rezoning Application was applied for. Currently, there is no draft Subdivision Agreement in place. The Rezoning Application was to permit a Temporary Sales Office in a proposed Plan of Subdivision. 2.2 On May 4, 2022, an application for a Zoning By-law Amendment and Site Plan was submitted by the applicant to permit the temporary use of a new Temporary Sales Office. 2.3 The proposed temporary sales office is along Bloor Street, near the corner of Northwest corner of Bloor Street and Trulls Road (see Figure 1). 2.4 The application for Zoning By-law Amendment and Site Plan was deemed complete on June 17, 2022. 3. Land Characteristics and Surrounding Uses 3.1 The subject site is located at the 1588 Bloor Street and the temporary home sales office will be situated near the intersection Bloor Street and Trulls Road in Courtice. The subject site is currently a vacant lot and is used for agricultural purposes. Robinson Creek and associated valley lands including a wetland community are situated on west portion the property. The east section of the property is a field clear of significant vegetation; it was previously cropped. 3.2 There is one residential property, abutting on the southern portion of the property, situated along Bloor Street. 3.3 The surrounding uses are as follows: North: Meadowglade Road, residential properties are across the street. South: One residential property located at 1604 Bloor Street and vacant lands across the street. East: Residential properties along Trulls Road West: Regulated area a part of the Central Lake Ontario Conservation Authority (C.L.O.C.A), Robinson Creek and a woodlot. 3.4 A corresponding Site Plan Application has been deemed complete and was circulated with the Rezoning Application. The Site Plan review process is ongoing. Attachment 1 shows the proposed site plan for the location of the Temporary Sales Office will go. The Temporary Sales Office is proposing access from Bloor Street, until future entrances to future local roads can serve as the site access and includes visitor parking and private services. 3.5 Where there are still concerns, Staff will continue to work with the applicant through the Site Plan Approval process to rectify. Municipality of Clarington Report PDS-037-22 4. Provincial Policy Page 5 4.1 The application is proposing to rezone the subject lands to permit a Temporary Sales Office for a proposed 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 lands are designated "Living Areas" with the "Regional Corridor" overlay in the ROP. Living Areas are to be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. Living Areas shall be used predominately for housing purposes. The site is also adjacent to Bloor Street and Trulls Road, designated as Type `A' and Type `B' arterial roads respectively in the ROP. Each community shall be developed to incorporate the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. Regional Corridors shall be planned and developed as higher density mixed -use areas, supporting higher order transit services and pedestrian oriented development. As the proposed Rezoning Application is to allow a Temporary Sales Office for new homes in a proposed subdivision, this application does not conflict with the policies of the Regional Official Plan in regard to the future planned development for the subject lands. 5.2 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; 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 Municipality of Clarington Report PDS-037-22 Page 5 provincial and regional standards; and g) it does not jeopardize the long-term implementation of the Plan. Southeast Courtice Secondary Plan 5.3 The subject lands are entirely located within the Regionally adopted Southeast Courtice Secondary Plan (SECSP) area and property is designated Low Density Residential, Medium Density Regional Corridor, and Environmental Protection Area. The Temporary Sales Office will be built entirely within the area of the site designated Medium Density Regional Corridor as per the SECSP and is east of the area that is designated Environmental Protection. Any future development applications for the subject lands, permanent in nature, will implement the policies of the SECSP. 6. Zoning By-law 6.1 Within Zoning By-law 84-63, the subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". The proposed Temporary Sales Office 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 Temporary Sales Office on the subject property. 6.2 A Holding (H) symbol is required for this Temporary Sales Office since there are no site plan conditions and no subdivision agreement in place. Section 9.4 to 9.6 of this report provide additional detail related to the Holding (H) symbol. 6.3 The proposed rezoning would permit a Temporary Sales Office, for up to a maximum three years. A site -specific "Holding — Agricultural Exception ((H) A-95) Zone" would be recommended for the proposal (see Attachment 2). 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 300 metres of the subject site and three public meeting signs were installed along the Bloor Street, Trulls Road and Meadowglade Road frontages. 8. Agency and Departmental Comments 8.1 The application was circulated to internal departments and external agencies for review and comments. At the time of writing this report, no adverse comments had been received related to the proposed temporary use zoning by-law. A subsequent comment Municipality of Clarington Report PDS-037-22 Page 5 letter coordinating all internal and external comments will be sent to the applicants once they are received. 9. Discussion 9.1 The Site Plan Application for the Temporary Sales Office is ongoing. The drawings have been circulated for review by various departments and agencies. Figures 2-5 show elevation renderings of the proposed Temporary Sales Office. The proposed Temporary Sales Office is to be serviced by a private and self-contained servicing. KLAK LLLVA I IUN - NUK I H (FACING PROPOSED RESIDENTIAL) Figure 2: North Elevation rendering facing the residential dwellings in the proposed subdivision Municipality of Clarington Report PDS-037-22 Page 5 �.+•. �+�.. �... SHLtb UJML t - JUU I P1 tLt VH I IUN TRIM To aArc" {VIEW FROM PARKING LOT) rrrmnmecRcoLoJR Elevation Area = 118, 13 sm Max. Sign Area = 40% (47.25sm) P ro posed Area = 5.5 % (5.46sm) Figure 3: South elevation rendering facing Bloor Street and the parking lot NUt tLt VAI IUN-tH51 roca I'll ^�_ �� +��^ 1, (VIEW FROM TRULLS ROAD) cR¢.slaec proposed Area=22.55%(23sm) o�. wow>.IR Figure 4: East elevation rendering facing Trulls Road Temporary Sales Pavll Tnhule (Ceurtics) Lt Municipality of Clarington Report PDS-037-22 rP1 w I W�f Elevation A — Max. 87.34 sm Max. Sign Area =40% (X93em) Proposed Area = 20 61 % (18sm) SIDE ELEVATION - WEST {FACING PROPOSED GRANVILLE EXTENSION) Figure 5: West elevation rendering facing proposed Granville Drive e5 9.2 No sign permit application has been submitted for the Temporary Sales Office. Planning staff will review any sign permit application in conjunction with the site plan approval process. 9.3 A portion of the proposed location for the Temporary Sales Office is regulated by the Central Lake Ontario Conservation Authority. The applicant should work with the Conservation Authority on any environmental concerns raised in the regulated area. The applicant/owner should also provide all requested information with respect to the limit of the natural heritage features and their vegetation protection zones on the proposed location to CLOCK and the Municipality. Municipality of Clarington Report PDS-037-22 Holding (H) Symbol Page 5 9.4 Staff are of the opinion that at such time it is appropriate to proceed with recommending approval of the Rezoning Application, it should be subject to a (`H') Holding Symbol. 9.5 A Holding (H) symbol is required for this Temporary Sales Office since there are no site plan conditions and no subdivision agreement in place. The Holding (H) symbol is a provision enabled by the Official Plan and Zoning By-law to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and financial obligations, and any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. 9.6 Overall, the following conditions shall be applied to the Holding symbol on the Zoning By-law Amendment and the Holding symbol shall only be removed if the following conditions are fulfilled: Once the Applicant provides satisfactory evidence which addresses all concerns listed in this report, as well as fulfills conditions of the development agreement (e.g., Site Plan and Subdivision) with the Municipality of Clarington once draft conditions are approved for the proposed Temporary Sales Office; and Subject to the Municipality's satisfaction and approval, there are no concerns with the headwater drainage in the hydrologic feature, and that information be provided with respect to the limit of the natural heritage features and their vegetation protection zones 10. Financial Considerations 10.1 The recommendations of this report do not have any significant financial implications for the Municipality. 11. Concurrence This report has been reviewed by the Director of Planning and Development Services and the Deputy CAO/Treasurer. Municipality of Clarington Report PDS-037-22 12. Conclusion Page 5 12.1 The purpose of Report PDS-037-22 is to provide background information for a Public Meeting under the Planning Act. 12.2 Provided there are no significant concerns with the application during the Public Meeting, Staff recommend the application submitted by Ridgeworth Developments Inc. to change the zoning to permit a new temporary home sales office and an associated parking lot for a maximum of three (3) years be approved with a Holding (H) Provision. Staff Contact: Jacob Circo, Planner 1, 905-623-3379 ext.2425 orjcirco@clarington.net. Attachments: Attachment 1 — Proposed Site Plan Attachment 2 — Proposed Zoning By-law Amendment and Schedule Interested Parties: The following interested parties will be notified of Council's decision: Ms. Bonica Leung, Ridgeworth Developments Inc. 0b v 0_z u� I I I I I I 5 ---------------------------- O 5 O mwemrvnaun 1"fl1 -4 __r___-___PROPOSEDFUTUREENTRY �B' 4 SIN — 2 11 .0 Attachment 1 to Report PDS-037-22 I I I I I I I PROPOSED RESIDENTIAL- I I 1 I 1 I I I I I I I Ln Ln� "o 5 5 5 j --------STREF--------------------------- PROPOSED RESIDENTIAL 207.9 _ !l"wo RM101 IN \\�BRdAI o � ml Dd 0.15 DIA BOTTOM OF DITCH a PEO BOTTOM OF DITCH ---------------BLOOR STREET EAST J - SIGN BOTTOM OF DITCH � BOITOM OFOF DIT� TOP OF DITCH 45.6 N Ol � Z to o Q 0 t Q m M O oil o 147.25 TO PROPOSED ROAD WIDENING 173 TO EX. FIRE HYDRANT N 0 M FUTURE RESIDENTIAL Jg REGIONAL CORRIDOR TO BLOCK 167 (1.69ha — 4.16 ac) �R�NT 222.0 ROAD WIDENING 15.0 BLOCK 174 83�TOM OF DITCH •'—HOTTITCT O'"JITt= BLO.O_RSTREET EAST B07101A OF DITCH L O ry KEY PLAN - NTS SITE STATISTICS ALT 1AY SALES OFFICE Coverage 396.55 sm (Including deck & porch) Building Area 373.56 sm Total Parking Required 1 per 30m2 as per By -Law 84-63 Section 3.16 = 12 spaces Total Parking Provided 19 spaces (including accessible) Accessible Spaces Required 1 spaces Provided 1 spaces LEGEND v ENTRANCE SLOPE DIRECTION LIGHT FIXTURE - REFER TO PHOTOMETRIC PLAN BY OTHERS APPROX. LANDSCAPED AREAS OEXISTING HYDRANT LINE OF SILT FENCE (PROPOSED WORK AREA) G SIGNAGE - TO BE INSTALLED AS PER MUNICIPAL STANDARDS WAFT PLAN OF M M " PRDYM BY OW (05 OCT. 2M) PART OF LOTS 31 Q m CWCESSIOH 2 NINICVAUTY OF CLAISNGTON CONTRACTW SHALL CHECK ALL DIWNSIONS ON THE WOW. 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(905) 619-1270 FAX 905 619-1269 " client Tribute (Courtice) Limited Project Ne'V N—* Tribute Courtice Sales Office Twe Temporary Sales Office Site Plan 1 i Lacatfon ' Bloor Street East & Granville Drive 1 Town of Courtice Dote MAR. 2022 DRAWING N0. I S 3 ScalePro1 : 1000 No je`` 2021-53 Attachment 2 to Report PDS-037-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 20_- 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 2022-0011; 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 adding a new Special Exception Zone as follows: "6.4.88 - AGRICULTURAL EXCEPTION Notwithstanding Sections 3.12, 3.16 a.,3.26 b.,6.1, 6.2 and 6.3 c. i) those lands zoned A - 94, as shown on the Schedules to this By-law may only be used for a Temporary Sales Office, subject to the following provision: a. The (H) Holding Symbol shall only be removed from the "Holding -Agricultural Exception (A- 95) Zone at such time Plan of Subdivision S-C-2021-0006 has been draft approved by the Municipality. 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 September 19, 2025 after which time the building shall be removed or demolished unless the temporary use is extended." 3. Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding -Agricultural Exception ((H) A-95) 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 12022 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A" to By-law 2022- , passed this day of , 2022 A.D. 39 _ 2250 di 1 2236 I 5g 63 2231 �1m a E a 2212 g m� 2198 2141 2134 ` II �2123 12107 121191 p 12079 a � 2P65 1 2P57 12035 1 m 0 2011 r M eO r O e Q Zoning Change From 'A' To '(H) A-95' 1V W E S Courtice • ZBA2022-0011 Schedule