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Public Meeting Report
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Report To: Planning and Development Committee
Date of Meeting: June 26, 2017
Report Number: PSD-049-17 Resolution Number: PD-139-17
File Number: ZBA2017-0018
By-law Number:
Report Subject: A Proposal by the Municipality of Clarington to rezone lands to
remove the exception permitting an auto auction at 50 Osborne
Road, former Manheim Auto Auction.
Recommendations:
That subject to no significant concerns being raised:
1.That Report PSD-049-17 be received;
2.That the proposed application for Rezoning ZBA 2017-0018 be approved, and the zoning
by-law amendment contained in Attachment 1 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-049-17
and Council’s decision; and
4.That all interested parties listed in Report PSD-049-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-049-17 Page 2
Report Overview
The Clarington Planning Services Department initiated a process to amend the Zoning By-law
84-63 to remove the exception permitting an automotive auction on the former Manheim Auto
Auction lands located at 50 Osborne Road in Courtice.
The lands owned by Manheim Auto Auction Ltd. are currently for sale. The exception zone in
the Zoning By-law was intended to recognize the existing use, which was inconsistent with the
vision for the Courtice Energy Park. It is appropriate to remove this exception with Manheim
ceasing operations.
Public comments are sought and provided that there is no significant concerns raised, it is
recommended that the rezoning proposal be approved.
1. Proposal Details
1.1 Owner: Manheim Auto Auction Limited
1.2 Proposal: Municipally Initiated Proposed Zoning By-law
Amendment
To rezone the lands from the existing Energy Park
Prestige Exception (MO2-1) Zone, with a Holding
Symbol to remove the exception permitting an auto
auction:
1.3 Area of Subject Lands: 9.85 hectares
1.4 Location: 50 Osborne Road (Part of Lot 27, Concession BF,
former Township of Darlington)
1.5 Roll Number: 18-17-010-050-00890
1.6 Within Built Boundary: Yes
2. Background
2.1 In February 2006 Council adopted amendments to the Clarington Official Plan to
introduce Clarington Energy Business Park Secondary Plan and implementing zoning.
The goal of the Secondary Plan is to guide development of a business park that facilitates
employment growth in the energy and environment sectors, promotes energy innovations
and demonstrates environmental sustainability in its design.
2.2 In the Secondary Plan, the lands closest to the 401 are designated Prestige Employment
Node near the Courtice Road interchange, and Prestige Employment Corridor along the
balance of the Highway 401 frontage including the former Manheim Auto Auction site.
Municipality of Clarington
Report PSD-049-17 Page 3
Figure 1 – Clarington Energy Business Park Land Use Schedule
2.3 The Manheim’s site is currently zoned Energy Park Prestige Exception (MO2-1) Zone,
with a Holding (H) Symbol. This zone permitted all the uses in the parent Energy Park
Prestige Zone (MO2) as well as an automotive auction on the lands.
An Automotive Auction is defined as follows:
“shall mean the use of land, buildings or structures or part thereof, used for the storage of
operable motor vehicles which are to be sold on the premises by public auction.”
2.4 With the construction of the 401 - 418 interchange, lands were purchased or expropriated
along the frontage of the 401 in the Clarington Energy Business Park. The acquisition of
lands from Manheim included the main building on the property. About the time of the
MTO acquisition Manheim consolidated their operations in Milton.
2.5 Since the use has ceased operation and the property is currently for sale, the Planning
Services Department has initiated a rezoning to eliminate the exception zone that is
specific to the Manheim’s property. The amendment would delete the exception zone
and the automotive auction use, which is not in keeping with the policies of the Official
Plan.
Municipality of Clarington
Report PSD-049-17 Page 4
Figure 2: Key Map
Municipality of Clarington
Report PSD-049-17 Page 5
3. Land Characteristics and Surrounding Uses
3.1 The subject lands (Figure 3) are relatively flat, with a berm along the south limits. The site
contains gravel and paved areas leftover from the parking lots of the former auto auction.
(Figure 5) All structures related to the former auto auction have since been removed as
part of the Highway 401/418 interchange construction and related works. No significant
vegetation is present on the site.
Figure 3: looking south from South Service Road to Manheim’s, June 2009
Figure 4: looking west from Osbourne Road, September 2016
Osborne Rd. and South Service Rd. Looking West
Municipality of Clarington
Report PSD-049-17 Page 6
3.2 The surrounding uses are as follows:
North Highway 401, Industrial uses along Courtice Court and Waste Management
Building along McKnight Road
South Durham York Energy Centre, Darlington Energy Complex (OPG)
East Farm fields
West Vacant Industrial lands
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement identifies Employment Areas as lands that shall be
protected and preserved for current and future uses. Employment Areas in proximity to a
primary transportation corridor, such as Highway 401, shall be protected for employment
uses that require those locations. Infrastructure that is needed to support the current and
projected needs of Employment Areas shall be provided.
4.2 Provincial Growth Plan
The subject lands are within the defined Built Boundary. Population and employment
growth will be accommodated by directing a significant portion of new growth to the built
up areas through intensification and efficient use of existing services and infrastructure.
Existing Employment Areas, including vacant and underutilized employment lands, shall
be used more efficiently in order to increase employment densities to accommodate
forecasted employment growth.
5. Official Plans
5.1 Durham Regional Official Plan
The subject lands are within an Employment Area. Employment Areas function to
maximize the employment potential of land in order to accommodate 50% of the
employment growth forecast. Employment Areas are set aside for uses that require
access to transportation networks, separation from sensitive uses, or benefit from
locating close to similar uses. Additionally, sites that have a high degree of exposure and
good access shall be reserved for employment-intensive uses.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands as an Employment Area, specifically a
Business Park. Employment Areas promote high quality urban design, and larger-sized
buildings with no outdoor storage along Highway 401. Development within Business
Parks is intended for employment uses showing the highest standard of design and
landscaping in order to provide an attractive appearance that takes advantage of such
high visibility.
Municipality of Clarington
Report PSD-049-17 Page 7
5.3 Clarington Energy and Business Park Secondary Plan
The vision for the Clarington Energy Business Park is a business park that facilitates
employment growth in energy and environmental sectors, promotes energy innovations
and demonstrates environmental sustainability in design. The overall goal is to establish
the Energy Park as a focal point for energy-related research and development in order to
enhance employment opportunities in Clarington. The objectives focus on energy-related
land uses, partnerships, and development that contributes to the positive image of the
Energy Park. Pre-existing land uses that are not in line with the vision, goals and
objectives will be re-located to an appropriate employment area.
The subject lands are designated as Prestige Employment Corridor and Light Industrial 1
in the Clarington Energy Business Park Secondary Plan. The Prestige Employment
Corridor designation allows for higher-employment uses that will benefit from the high
visibility from Highway 401. Permitted uses include research and development facilities,
university and college facilities, manufacturing and commercial or technical schools
wholly enclosed, and warehousing etc. The Light Industrial 1 designation allows for a
range of employment uses that will also benefit from the access and visibility by the
primary roads through the Energy Park. Permitted uses are similar to Prestige
Employment Corridor with the addition of industrial processing, excluding the processing
of waste materials, provided it is wholly enclosed.
5.4 Clarington Official Plan as Amended by Amendment 107
The subject lands remain designated Business Park under Official Plan Amendment
107.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Energy Park Prestige Exception (MO2-1)
Zone, with a Holding Symbol as outlined in Section 2.3.
7. Public Notice and Submissions
7.1 A notice of the Public Meeting was mailed on June 5, 2017. As well it was included in the
local newspaper and on the municipal website.
7.2 At the time of writing this report, a request for more information on the application had
been received from the solicitor’s for Manheim Auto Auction. A copy of the notice that had
been mailed out was forwarded to them. No further requests or comments have been
received.
8. Agency Comments and Departmental Comments
Given the nature of the application to eliminate a permitted use, only a limited circulation
was undertaken. The Region has verbally indicated that they have no concerns.
Municipality of Clarington
Report PSD-049-17 Page 8
9. Discussion
9.1 The MO2-1 exception zone recognized an existing automotive auction use on the subject
property which ceased around 2013. A portion of the lands were acquired by the Ministry
of Transportation to accommodate the 401 – 418 interchange. The building, which was
on the lands acquired by the Ministry has been demolished. The proposed amendment
would rezone the lands as Energy Park Prestige ((H)MO2) and Energy Park Light
Industrial ((H)ML1) in conformity with the Secondary Plan.
9.2 Prior to mailing notice and providing notice in the newspaper, staff contacted the agent
for the owner who is selling the remainder of the Manheim property to advise of the
proposed rezoning application. The agent advised that the property was currently under
contract to a potential purchaser, but was not at liberty to provide more details.
9.3 The Secondary Plan for the Clarington Energy Business Park details a vision, goals and
objectives which focus on promoting land use that will drive employment in the energy
sector. As noted previously the purpose of an Energy Park is to cluster energy-related
uses that would benefit from being located within the same area. The Energy Park in
Clarington is strategically located adjacent to Highway 401 and Darlington Nuclear Power
Generating Station to further promote land use related to the energy sector. An
automotive auction use does not fit with the overall vision, goals and objectives for the
Clarington Energy Business Park.
9.4 The subject lands are one of the few parcels of prime industrial land in Courtice with
municipal water and sanitary sewer available at the door step. To continue to allow a use
that is land extensive and does not benefit from the availability of urban services is
contrary to provincial, regional and local policy.
9.5 The uses within the Energy Park Secondary Plan will be reviewed in the context of
Secondary Plan updates identified in Report PSD-056-17. It is anticipated that use
permissions will be broadened to allow a greater array of prestige employment uses.
10. Concurrence
Not Applicable.
11. Conclusion
The purpose of this report is to provide background information for the Public Meeting
under the Planning Act as it relates to the proposed re-zoning to remove the exception
permitting an auto auction proposed by the Municipality of Clarington. Should there be
no significant issues raised at the Public Meeting, it is recommended that the zoning by-
law amendment, as contained in Attachment 1 be approved.
Municipality of Clarington
Report PSD-049-17 Page 9
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO,
Director of Planning Services Interim CAO
Staff Contact: Carlo Pellarin, Manager of Development Review, 905-623-3379 ext. 2408
or cpellarin@clarington.net
Attachments:
Attachment 1 – Zoning By-Law Amendment
CP/tg/av/df
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0018 MOC- Energy Park\Staff Report\PSD-049-17
Public Meeting Report.docx
Municipality of Clarington Attachment 1 to
Report PSD-049-17
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 ZBA2017-0018;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 23B.4 Energy Park Prestige Exception (MO2-1) Zone be deleted in its
entirety.
2. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding - Energy Park Prestige Exception ((H)MO2-1) Zone" to "Holding - Energy
Park Prestige ((H)MO2) Zone"; and
"Holding - Energy Park Prestige Exception ((H)MO2-1) Zone" to "Holding - Energy
Light Industrial ((H)ML1) 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 and 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2017
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk