HomeMy WebLinkAboutPSD-028-15 Clarington
Planning Services
Public Meeting Report
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Report To: General Purpose and Administration Committee
Date of Meeting: May 25, 2015
Report Number: PSD-028-15 Resolution Number:
File Number: ZBA 2015-0008 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
Recommendations:
1. That Report PSD-028-15 be received;
2. That the proposed application for Rezoning ZBA 2015-0008 continue to be processed
including the preparation of a subsequent report; and
3. That all interested parties listed in Report PSD-028-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-028-15 Page 2
Report Overview
A rezoning application submitted by Far Sight Investments Ltd. to permit a temporary off-
site sales office for new homes in a draft approved plan of subdivision (S-C-2005-002).
1 . Application Details
1.1. Owner/Applicant: Far Sight Investments Ltd.
1.2. Proposal: To amend the Zoning By-law to permit a temporary new
home sales presentation centre for a maximum three (3)
years
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 Build Boundary: No
2. Background
2.1 On March 30, 2015 an application for a Zoning By-law Amendment, Site Plan
application and Sign By-law Amendment application was submitted by the applicant
to permit the temporary use of a new home sales presentation centre. The applicant
is also 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, which is being processed separately is for the number
and size of signs proposed to market the new subdivision.
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
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., has since been 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.
Municipality of Clarington
Report PSD-028-15 Page 3
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 has been deemed incomplete as further discussion is
required between the applicant and staff concerning the proposal for the sales centre
on a foundation which implies that the use may not be temporary.
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 1: Key Map
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Municipality of Clarington
Report PSD-028-15 Page 4
Figure 2: Subject Site
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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.
Municipality of Clarington
Report PSD-028-15 Page 5
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.
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
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
Municipality of Clarington
Report PSD-028-15 Page 6
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
Public notice was given by mail to each landowner within 120 metres of the subject site
and two public meeting signs were installed along the Durham Highway 2 and Lambs
Road frontage. Staff have received one email from a landowner on the east side of
Lambs Road in support of the temporary rezoning application.
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.
8.2 Durham Region
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.
Municipality of Clarington
Report PSD-028-15 Page 7
Comments remain outstanding from the Durham Region Planning Services and Durham
Region Health Department.
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.
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.
10. Discussion
10.1 The Site Plan application for the temporary sales centre is currently being reviewed. The
drawings have been circulated for review by various departments and agencies. A
number of revisions to the drawings are necessary prior to final approval of the plans.
Staff are in the process of providing feedback to the applicant prior to the final submission
of drawings. 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.
Municipality of Clarington
Report PSD-028-15 Page 8
Figure 3: Applicant's rendering of proposed sales centre
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10.2 The proposed signage for the sales office and subdivision sites does not comply with
Sign By-Iaw.2009-0123 as the number of signs proposed exceeds what is permitted and
some of the proposed signs are oversized. The applicant has submitted an application
for an amendment to the Clarington Sign By-law 2009-0123 and Planning staff will review
this application in conjunction with the site plan approval process.
10.3 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
3). It is proposed to be located outside of the required visibility triangle. The applicant
intends the tower feature become a point of interest within the community and to retain
the feature on-site as the property develops in the years to come. Should this tower
become a lasting feature beyond the temporary term of the sales centre building itself,
the applicant will be required to address concerns regarding the tower's maintenance
through the site plan process including the operation of the clock should it be functional.
Municipality of Clarington
Report PSD-028-15 Page 9
Figure 4: Applicant's rendering of tower feature
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10.4 The applicant's site plan application shows the sales centre is located on a foundation
with a basement. The applicant has stated that building upon the foundation is a more
cost effective option given the significant grading on the site and to ensure accessibility.
The fact that the sales office is on a foundation implies that the building is permanent and
not temporary as is required by Temporary Use By-law policies in the Clarington Official
Plan. 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.
10.5 Municipal water and sanitary sewers are not currently available in this area of
Bowmanville. The proposed sales centre is to be serviced by a holding tank for sewage,
a holding tank for water intended to be utilized for its toilet facilities and firefighting and
bottled water for potable water supply.
Municipality of Clarington
Report PSD-028-15 Page 10
11 . Concurrence
Not Applicable
12. Conclusion
12.1 The purpose of Report PSD-028-15 is to provide background information for a Public
Meeting under the Planning Act. Staff will continue processing the application including
the preparation of a subsequent report.
13. Strategic Plan Application
13.1 The recommendations contained in this report conform to the Strategic Plan.
Submitted by: ",.r _ rv- Reviewed by:
Davi 'J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Dave Addington, Planner 1, 905-623-3379 ext. 2419 or
daddington @clarington.net
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
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