HomeMy WebLinkAboutPSD-028-06
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, March 27, 2006
Report #: PSD-028-06
File #: ZBA 2005-0060
By-law #:
G (J;ti"sct 'Ob
Subject:
APPLICATION FOR REMOVAL OF HOLDING
OWNER: 941807 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-028-06 be received;
2. THAT the application submitted by the owner 941807 Ontario Limited to remove the
Holding (H) symbol be DENIED; and
3. THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
D id ~ Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bY:O ~~~
Franklin Wu,
Chief Administrative Officer
SAlCP/DJC/df
1 March 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-028-06
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Willms & Shier Environmental Lawyers LLP
1.2 Owner: 941807 Ontario Limited (Gerald Hasiuk)
1.3 Location: 2347 South Service Road, Bowmanville, Part Lot 17, Broken Front
Concession, former Township of Darlington (Attachment 1)
1.4 Rezoning: Removal of "Holding (H)" symbol from "Holding - Light Industrial ((H)M1)"
to Light Industrial (M1)".
1.5 Area: 7,870 square metres
2.0 BACKGROUND
2.1 On December 13, 2005, staff received a request from Gerald Hasiuk of 941807 Ontario
Limited for the removal of the Holding (H) symbol from the subject lands. Concurrently,
an application for site plan approval was also submitted (SPA2005-0044). The
applicant requested approval to establish a minor repair and service establishment for
trailers from commercial motor vehicles.
2.2 The applicant's parcel is 0.78 ha (1.94 acres). In addition, we are advised that the
applicant is acquiring the adjacent parcel to the west of the subject lands to establish a
total site area of 6.8 ha (16.7 acres). There are no proposed uses for the additional
lands and separate applications will be required for any proposed use.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 Currently 2374 South Service Road has a dwelling which the applicant has advised is
vacant. The land is generally flat sloping from north to south.
3.2 Surrounding Uses:
North:
South:
East:
West:
Highway 401
Hydro corridor
Self Storage Units
Vacant - zoned (Holding) Light Industrial ((H)M1) and
Environmental Protection (EP)
4.0 PROVINCIAL POLICIES
4.1 The Provincial Policy Statement states that a municipality shall provide lands for an
appropriate mix and range of employment to meet long-term needs. All new
REPORT NO.: PSD-028-06
PAGE 3
development should occur adjacent to the existing built-up areas. The application is in
conformity with the Provincial Policy Statement.
5.0 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Employment Area" in the Durham Region Official Plan. The
predominant use of lands in the Employment Area designation is for a variety of uses
including manufacturing, assembly and processing of goods, service industries,
research and development facilities, warehousing, business parks, limited personal
services uses, hotels, storage of goods and materials, retail warehouses, freight transfer
and transportation facilities.
The policies of the Regional Plan encourage prestige employment uses with high
employment-generating capacity, greater architectural, landscaping and sign controls to
be located along Hwy. 401. This shall be done through designation in the local official
plan.
5.2 The lands are designated "Light Industrial" in the Clarington Official Plan. The
predominant use of lands in Clarington's Light Industrial designation is for
manufacturing, assembling, processing, fabricating, repairing, research and
development and warehousing. The applicant's proposed use is not permitted within
the Light Industrial designation.
5.3 The Clarington Official Plan contains policies dealing with the Holding (H) prefix in the
Zoning By-law. The Holding provisions are used to "assist Council in achieving its
specific planning objectives, and ensure that development or redevelopment proceeds
in accordance with the policies of this Plan." In addition, the use of the Holding
provisions shall ensure that prior to development or redevelopment, the following
matters have been addressed to the satisfaction of the Municipality:
a) services and municipal works;
b) measures to protect natural areas;
c) measures to mitigate the impact of development;
d) submission of technical studies;
e) in a Waste Disposal Assessment Area, the matters referred to in Sections
4.6.9 to 4.6.12;
f) execution of appropriate agreements; and/or
g) any other requirements as may be deemed necessary by Council including
the implementation of the policies of this Plan.
The application does not conform with the Official Plan policies.
REPORT NO.: PSD-028-06
PAGE 4
6.0 ZONING BY-LAW
6.1 The subject lands are currently zoned "Holding - Light Industrial ((H)M1) Zone". The
applicant has requested to develop this property for repair and servicing of trailers for
commercial motor vehicles and outdoor storage. The M1 zoned lands permit, among
other uses "a transport service establishment".
6.2 Where the zoning of a property is preceded by the letter "H" the use of the lands shall
be limited to existing residential uses and conservation, forestry and farm uses
exclusive of a livestock operation. Hence the need for the removal of holding
application.
7.0 COMMENTS
7.1 Discussion regarding this property began in the fall of 2004 when Central Lake Ontario
Conservation sent notice to the applicant (Hasiuk) regarding the illegal placement of fill
on the property at 2347 South Service Road. By-law Enforcement received a complaint
in March 2005 regarding the use of this property for outside storage of trailers. Charges
were laid against Mr. Hasiuk on May 2nd, 2005. The charges were for the outside
storage of trailers on the property. The court determined that the equipment stored on
the property were "containers" and not "trailers" as defined in the Zoning By-law.
Because the charges were specific to outside storage of trailers the court dismissed the
charges. The Zoning By-law does not define containers or specifically identify the
storage of them as a permitted use.
7.2 Through meetings, phone discussions and letters during the summer of 2005 Mr.
Hasiuk was informed that his proposed use on the property met neither the Official Plan
nor the Zoning By-law. Staff sent excerpts of the Official Plan and Zoning By-law to the
applicant's lawyer. These excerpts were sent again with staff's letter dated January 6,
2006 following receipt of his formal application for removal of the holding symbol and
site plan approval.
7.3 The Clarington Official Plan contains provisions regarding the removal of holding. As
noted in Section 5 of this report, the holding provisions are there to assist Council in
achieving its specific planning objectives and to ensure that any development proceeds
in accordance with the policies of the Official Plan.
7.4 The Clarington Official Plan provides three industrial designations to determine where
different types of industrial uses should be located. Typically the General Industrial
designation includes heavier industrial uses and uses that often require outside storage.
Heavy Industrial uses are typically located so they are screened by the lighter industrial
uses. The property at 2347 South Service Road is within view of Highway 401 and has
been designated for light industrial use only.
7.5 The policies of the General Industrial designation specifically identify "truck terminals,
including the repair, storage and sale of commercial transport vehicles, shall be located
within the General Industrial Areas having direct access or close connection to an
REPORT NO.: PSD-028-06
PAGE 5
arterial road but not occupying high visibility sites adjacent to freeways or major
entranceways to urban areas." The policies of this section are more reflective of the
use proposed and the site is very visible from Hwy. 401. Hence, staff do not believe the
use is permitted in the Light Industrial designation.
7.6 The applicant is of the opinion that his proposed use is a Light Industrial use, as the
word "repairing" is listed in the Light Industrial designation. However the Clarington
Official Plan must be read in its entirety and no word may be taken out of context; as
such the Official Plan provision in the General Industrial designation is more reflective of
the proposed use.
7.7 The applicant was informed, in writing on January 6, 2006, that the application for
storage and repair and servicing operations did not conform to the Clarington Official
Plan. Staff could not recommend approval for the removal of the holding symbol unless
an application for official plan amendment is submitted and given favourable
consideration. Both by letter and phone, staff discussed the option of applying for an
Official Plan amendment or to withdraw the applications for site plan approval and
removal of holding with a full refund. The applicant chose to let the applications stand
and let Clarington Council and/or the Ontario Municipal Board make the decision.
7.8 Based on the history of the property with Mr. Hasiuk, the current Official Plan
designation and policies, staff would recommend denial of the of this removal of holding
application.
8.0 RECOMMENDATION
8.1 In consideration of the comments noted above, DENIAL of the removal of the "Holding
(H)" symbol is recommended.
Attachments:
Attachment 1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Gerald Hasiuk
M. Virginia MacLean, a.c.
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Attachment 1
To Report PSD-028-06
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