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HomeMy WebLinkAboutPSD-038-15 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. 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 Approved , s Residential Subdivision By Farsight Investments Subject } - Site Sr�FerEAS i - _ r w W p C w Z: Proposed _rR - Sales Office o ; o = � y - Z N -— . BASELINE ROAD EAS i E >g. ZBA 2015-0008 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 Kingdom Hall Of Jehovahs Witness O s�b�r (n Cr e m 4/ e� 4�, FTC SST Sales Trailer Clock Tower Parking Lot N 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 I 7� 51NGLF W L'i H,JMES -- S HG,LH FA iILY HCME5 aN 32,&45 LOTS _ oN 32'&45'LOTS . $000,900 - $000.900 FRONT ELEVATION 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 low F � t h X° G Y` =ci J4.62 4Q 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. 0 ............. Q '�=rri�9f.'1i I I 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 4'�5r 5 m®ct` J w f� +' t 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