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Report To: Planning and Development Committee
Date of Meeting: September 11, 2017
Report Number: PSD-064-17 Resolution Number:
File Number: COPA 2017-0006, ZBA 2017-0011 By-law Number:
Report Subject: Applications by 1816451 Ontario Limited to permit an Auto Mall with
a minimum of three motor vehicle dealerships including recreational
vehicles/trailer sales establishments, Rundle Road, Courtice
Recommendations:
1.That Report PSD-064-17 be received;
2.That the proposed application for Rezoning ZBA 2017-0011 submitted by 1816451
Ontario be approved as contained in Attachment 1 of Report PSD-064-17;
3.That once all conditions contained in the Official Plan with respect to the removal of the
(H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding
Symbol be approved;
4.That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-064-17
and Council’s decision; and
5.That all interested parties listed in Report PSD-064-17 and any delegations be advised
of Council’s decision.
Municipality of Clarington
Report PSD-064-17 Page 2
Report Overview
This report is recommending approval of an application to amend Zoning By-law 84-63,
submitted by 1816451 Ontario Limited to permit an auto mall with a minimum of three motor
vehicle dealerships including recreational vehicles/trailer sales establishments and accessory
motor vehicle service uses at 570 Rundle Road in Courtice.
The site is currently designated Light Industrial Area in the Clarington Official Plan which
permits an auto mall by a site specific zoning. The proposed Zoning By-law Amendment will
align with the current land use designation.
The proposed Zoning By-law will be subject to the (H) Holding Provision which can only be
lifted once all the conditions of the Official Plan have been met, specifically site plan approval.
1. Application Details
1.1. Owner/Applicant: 1816451 Ontario Limited
(Owasco)
1.2. Proposal: To permit an auto mall with a minimum of three motor vehicle
dealerships including recreational vehicles/trailer sales
establishments and accessory motor vehicle services uses.
1.3. Area: 16.4 hectares
1.4. Location: 570 Rundle Road, being on the west side of Rundle Road, south
of Baseline Road, north of Highway 401 in Courtice, See Figure
1.
1.5. Roll Number: 18-17-010-020-15600
1.6. Within Built Boundary: No
Municipality of Clarington
Report PSD-064-17 Page 3
Figure 1: Site Location showing 50 metre buffer from Natural Heritage Feature
2. Background
2.1. On March 29, 2017, 1816451 Ontario Limited submitted applications for an Official Plan
Amendment and Zoning By-Law Amendment to permit an auto mall with a minimum of
three motor vehicle dealerships including recreational vehicles/trailer sales
establishments and accessory motor vehicle services uses. The development will
proceed in multiple phases. Phase 1 includes a dealership for recreational vehicles and
trailer sales and service on private services.
Municipality of Clarington
Report PSD-064-17 Page 4
2.2. The applications were submitted following Council adoption of Amendment 107, but prior
to the Region of Durham approving Amendment 107 to the Clarington Official Plan. The
applicant submitted an Official Plan Amendment application as a precaution in the event
approvals were delayed or there was an appeal effecting the policies pertinent to the
applicant’s proposal. Amendment 107 is now approved, subject to appeals, however no
appeals pertaining to the policies relating to auto mall uses were received. As such, the
application to amend the Clarington Official Plan will be withdrawn.
2.3 The applications were deemed incomplete pending the submissions of the required
studies. On May 12, 2017 the majority of the studies were received with the exception of
the Environmental Impact Study (EIS). Phase 1 is in close proximity to a natural heritage
feature (woodlot/wetland) which triggers the need for an Environmental Impact Study.
Staff, in consultation with the Conservation Authority, agreed to allow the applications to
be circulated with the EIS to follow provided that the site plan showed a minimum 50
metre buffer from the feature and Species at Risk Assessment is undertaken. The EIS
was received on August 3, 2017.
2.4 An application for site plan approval was received on May 17, 2017.
2.5 In January 2017, the General Governance Committee approved Report EGD-002-17
which recommended the conveyance of two municipally-owned unopened road
allowances which were created by a plan of subdivision in 1915 (Plan 97). The closure of
one road allowance and the closure and conveyance of the other were required by the
applicant to facilitate the proposed auto mall. See Figure 2 below.
Figure 2: Lands conveyed to Applicant
Municipality of Clarington
Report PSD-064-17 Page 5
3. Land Characteristics and Surrounding Uses
3.1 The subject lands front on Highway 401 and are accessed from Rundle Road. There is a
woodlot/wetland area at the north east corner of the subject site. The balance of the lands
is relatively flat and was cultivated in the past. See Figure 3 below.
Figure 3: Google Earth aerial view of subject property looking north.
3.2 The surrounding uses are as follows:
North - one single detached dwelling, CP Railway and beyond, industrial lands
South - Highway 401 and beyond Ontario Power Generation – Darlington Station
East - Two single detached dwellings and cultivated fields
West - Off ramp construction for the future 418 Interchange
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement encourage planning authorities to promote economic
development and competitiveness by providing for an appropriate mix and range of
employment and institutional uses to meet long-term needs as well as providing
opportunities for a diversified economic base, including maintaining a range and choice of
suitable sites for employment uses which support a wide range of economic activities and
ancillary uses, and take into account the needs of existing and future businesses.
Where municipal or private communal sewage or water services are not provided,
individual on-site sewage and water services may be used provided that site conditions
are suitable for the long-term provision of such services with no negative impacts.
Municipality of Clarington
Report PSD-064-17 Page 6
4.2 Provincial Growth Plan
The Provincial Growth Plan supports economic development and competitiveness by
making more efficient use of existing employment areas, vacant and underutilized
employment lands and increasing employment densities. Sufficient lands shall be
available for a variety of employment to accommodate forecasted employment growth
horizon of the Growth Plan. Land use planning and economic development goals and
strategies shall integrate and align together to retain and attract investment and
employment.
4.3 The proposed development will support a range of employment uses that will promote a
diversified economic base, activities and ancillary uses. The proposal is consistent with
the Provincial Policy Statement and conforms with the Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the site as Employment Area. The
Employment Area designation is for uses that by their nature may require access to
highway, rail, and/or shipping facilities, and may require separation from sensitive uses.
Permitted uses include manufacturing, assembly and processing of goods, service
industries, warehousing, storage of goods and materials etc. The Region requires the
lower-tier municipalities to determine the specific land uses and implementing zoning by-
laws to further define land uses.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject site as Light Industrial Area and
Environmental Protection Area. Light Industrial Areas are located in places of high
visibility along major arterial roads and freeways and maybe located adjacent to
residential areas. An auto mall comprising a minimum of 3 individual motor vehicles
dealership including recreational vehicles/trailer sales established and accessory motor
vehicle service uses may be permitted by site specific rezoning provided it is located on a
Type “A” Arterial Road or on lands having exposure to Highway 401 and a
comprehensive streetscape, landscaping and signage plan is prepared to the satisfaction
of the Municipality.
The woodlot/wetland is designated as Environmental Protection Area. No development is
permitted within the feature and a 30 metre buffer is required. An Environmental Impact
Study is required to determine the proximity of development to the feature.
The Official Plan requires all Employment Areas to be developed on full municipal
services. Limited development on private services is permitted subject to conditions,
which include: the use shall not require water consumption in production or
manufacturing; an engineering report demonstrating private servicing can be supported;
and that the lands are zoned to allow private services.
Municipality of Clarington
Report PSD-064-17 Page 7
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands Light Industrial (M1), General Industrial
(M2) and Agricultural (A) Zone. A rezoning is required to permit an auto mall.
7. Summary of Background Studies
The studies submitted in support of the application are summarized below.
Phase One and Two Environmental Site Assessment, Golder Associates,
December 2016
A Phase One Environmental Site Assessment (ESA) was prepared for the entire land
parcel and identified a potentially contaminating activity (historical orchard) and
recommended a Phase 2 ESA. The Phase 2 ESA concluded that the reported
concentrations of potential concerns in all soil samples were below the applicable site
conditions standards.
Environmental Impact Study, Cunningham Environmental Associates/ Azimuth
Environmental Consulting Inc., July 2017
An unevaluated wetland/woodlot covers approximately 2.412 hectares of the 16.92
hectare site. The feature consists of mainly willow, green ash, white elm and a poplar
treed swamp, with a small block of lowland white ash/white elm in the southeast corner of
the feature. Four natural vegetation communities as a single unit have been designated
as a key Natural Heritage Feature in the Regional Official Plan and as Environmental
Protected Area in the Clarington Official Plan.
With respect to wildlife, 33 species of birds, 9 species of animals and 5 amphibians and
reptiles were observed or there was evidence of their presence. At present and given the
proposed Metrolinx development and Highway 401, there is no potential for linkages.
The EIS states that two Species at Risk were observed, including a barn swallow and
eastern meadowlark, however there was no evidence of breeding. No butternut trees or
any other botanical specimens were observed.
The Central Lake Ontario Conservation Authority development policies and guidelines
require a 10 metre buffer from the staked dripline of a woodland feature or a 15 metre
buffer from the staked dripline of a wetland. This feature was staked with CLOCA staff in
attendance in May 2017. The report recommends a minimum 15 metre buffer from the
stake dripline edge of the wetland which provides a 30 metre buffer but with planting
enhancements and a bioswale within the buffer.
Municipality of Clarington
Report PSD-064-17 Page 8
Hydrogeological Assessment Report, GHD, July 10, 2017
A hydrogeological analysis was undertaken by installing boreholes ranging from 3.5
metres to 6.6 metres in depth. Monitoring wells were installed to facilitate measurements.
Existing well records were also reviewed. The report concluded the site is suitable
conventional septic systems and there is adequate water supply for the proposed
development. The water quality is good with no exceedances of health parameters.
Impacts on existing domestic wells in the area are not expected.
Geotechnical Investigation Report, GHD, June 23, 2017
The geotechnical investigation concluded that based on boreholes and site observations
the site is suitable for commercial development.
Clarington Auto Mall Traffic Impact Study, WSP, Final Report, May 2017
A Traffic Impact Study examined traffic counts at several intersections including Baseline
Road and Rundle Road, Baseline Road and Holt Road, Holt Road and Highway 401 both
eastbound and westbound, and Holt Road and Energy Drive. It concluded that for Phase
1 only upgrades to Rundle Road will be required to a rural cross section with no turning
lane required at the Baseline Road intersection. Warning signals without gates are
required at the CP Level Crossing on Rundle Road. Driveway spaces are sufficient and
therefore no turning lane on Rundle Road is required.
Trip generation for full build out at the PM peak hour will be 89 in and 150 out for a total
of 239 trips in the peak hour.
Functional Servicing and Stormwater Management Facility Design Brief, D.G.
Biddle & Associates, May 2017
Each building will be serviced with individual septic systems and drilled wells. On-site
storm sewers have been sized in accordance with Municipality of Clarington Design
Criteria. Overland flows will be directed to ditches at the north end of the site. The
implementation of a stormwater management wet pond and infiltration galleries (LID’s)
will provide Level 1 Enhanced quality control in addition to providing cooling of urban
stormwater discharges. The stormwater management facility allows for storms up to an
including the 100-year return frequency to be attenuated to pre-development flows. Water
for firefighting will be stored in underground tanks.
Municipality of Clarington
Report PSD-064-17 Page 9
8. Public Meeting and Submissions
8.1 Two residents residing at the same address on the east side of Rundle Road spoke in
opposition to the application. Their main concern was that location of the proposed GO
Layover facility would devalue their property. They were also concerned that the auto mall
will bring additional traffic, noise, loss of privacy and will impact their well. The residents
subsequently sent a letter that was addressed to Metrolinx in 2011 but added an
additional note that reiterated their concerns with traffic on Rundle Road.
8.2 A resident living on the north side of Baseline Road spoke in support of the application.
The resident suggested that the whole area be reviewed, not just specific sites and that
his lands should also be included in the Urban Area for Courtice and designated
Industrial.
8.3 Area residents concerns will be addressed in Section 11.
9. Agency Comments
9.1 Region of Durham Planning and Economic Development Department states that the
subject lands are designed Employment Area in the Regional Official Plan. Employment
Areas are set aside for uses that by their nature may require access to highway, rail
and/or shipping facilities. This designation permits manufacturing, assembly and
processing of goods, service industries, research and development facilities,
warehousing, the storage of goods and materials and freight transfer.
Limited infill may take place in Urban Area with private drilled wells and/or private sewage
disposal systems prior to the availability of municipal services. The applicant will be
required to enter into a development agreement with Region to connect to water and
sewer services when they are extended to the site.
A peer review of the Hydrogeological Assessment Report will be required in accordance
with Regional Official Plan policies at the Owner’s expense.
The Region has advised that the proposal is consistent with the Provincial Policy
Statement as the proposed development will support a range of employment uses that
will promote a diversified economic base, activities and ancillary uses.
The proposal generally conforms will the Growth Plan as it will provide an opportunity to
create a diversified economic base that will maintain a selection of employment uses and
economic activities throughout the municipality.
A Stage 1 Archaeological Assessment must be submitted the Ministry of Tourism, Culture
and Sport for their review and approval.
Municipality of Clarington
Report PSD-064-17 Page 10
A Phase One Environmental Site Assessment (ESA) identified a potentially contaminating
activity and an area of potential concern and recommended a Phase 2 ESA. The Phase 2
concluded that the reported concentrations of potential concerns in all soil samples were
below the applicable site conditions standards. The Region requires that a Regional
Reliance Letter and Certificate of Insurance be completed to the Region’s satisfaction.
The applicant will require approval from the Health Department for the private services on
the site.
The Regional Works Department reviewed the Traffic Impact Study (TIS). While the
proposed auto mall has no direct impact on Regional Roads, the TIS should have
included a discussion on Transit, Active Transportation and Transportation Demand
Management.
The Region has no concerns with the approval of the proposed rezoning subject to an (H)
Holding Provision. The Holding Provision can be lifted once the applicant provides
satisfactory evidence which addresses hydrogeological concerns, archaeological
potential, and potential site contamination for the site subject as well as a development
agreement for the future provision of municipal services.
9.2 The Central Lake Ontario Conservation Authority has not provided formal comments,
given the recent submission of the Hydrogeological Report, Geotechnical Report,
Functional Servicing Report and Environmental Impact Study. However, for the purposes
of establishing zone boundaries from the woodlot/wetland feature, the Conservation
Authority supports a 30.0 metre setback from the woodlot/wetland consistent with the
Clarington Official Plan. Comments will be forthcoming related to site plan application
when the reports are reviewed and fully vetted by Authority Staff.
9.3 The Ministry of Transportation has offered no objection, stating that site layout for Phase
1 and 2 is acceptable. The 14.0 metre setback to the Highway 401 property line must be
maintained. The applicant must submit a detailed Stormwater Management Report, a
Photometric Lighting Plan and all associated drawings prior to issuing the required MTO
Permits for the proposed development.
9.4 Metrolinx notes that the subject lands are located immediately adjacent to Canadian
Pacific Railway. While GO Transit does not currently operate commuter trains on this
line, there are plans to introduce such service in the future. The lands immediately
adjacent to the subject site have been identified as a future Rail Facility to be operated in
conjunction with the planned service extension.
The Functional Servicing Report (FSR) proposes a stormwater management facility outlet
to the existing drainage ditch, running underneath Metrolinx’s proposed Rail Facility.
Metrolinx will not permit the outlet through these lands. An alternate alignment will be
required to address the site drainage requirements.
9.5 Canada Post and Enbridge Gas offered no objections to the proposal.
Municipality of Clarington
Report PSD-064-17 Page 11
10. Departmental Comments
10.1 Engineering Services
The Engineering Services Department has reviewed the above-noted application and
have no objection to the rezoning proposal as presented. The approach and
recommendations provided by the applicant in regards to servicing in principle, is
acceptable. The proposed reconstruction of Rundle Road from Baseline Road to the
south limit will need to be reviewed with further submissions through the site plan
process. Truck turning details will be required for the bulb at the south limit of Rundle
Road and internal to the site. Upgrades to the level crossing will need to be submitted
with the Rundle Road Reconstruction Drawings. The upgrades will need to take into
account the future requirements of the level crossing and comply with current Transport
Canada Grade Crossing standards.
10.2 Fire Department
Given the single access to the site, all buildings should have a full sprinkler system and
an access panel in Hwy 401 barrier in line with the hydrant connection to allow firefighting
operations should Rundle Road be blocked by a train.
10.3 Operations Department
The Operation Department has no objection as it relates to the installation of culverts,
maintenance of Rundle Road with respect to grass cutting, on-site snow storage and
street lighting.
11. Discussion
11.1 Phase 1 will be Owasco’s sales and service of recreational vehicles and trailers.
Subsequent phases will include other franchised dealerships. Access to the site is from
Rundle Road and with a private internal road system. Development will proceed on
private well and septic system until municipal water and sanitary services are available.
Stormwater will be contained on site with a stormwater management pond. An
underground water reservoir is proposed on site for firefighting purposes. Site Plan
Approval will be required for each dealership.
The applicant is anxious to proceed with the rezoning in order to meet operational
deadlines imposed on them at their dealership in Whitby. Staff have separated the issues
that affect the zoning from those items that can be dealt with through the site plan review
and approval process.
Municipality of Clarington
Report PSD-064-17 Page 12
11.2 Natural Heritage Feature
The Environmental Impact Study was required to determine the setback requirements to
the unevaluated woodlot/wetland on the site. The applicant’s consultant are
recommending a minimum 15 metre buffer from the staked dripline (15 metres from the
feature) or a 30 metre buffer in total. However, the EIS recommends plantings and
bioswales within the 15 metre buffer beyond the staked dripline. This will have to be
reviewed by Authority staff and is an issue that can be dealt with through the site plan
review process.
11.3 Metrolinx
The Environmental Assessment for the extension of Lakeshore East GO Rail Service
identifies a portion of the subject lands as a layover facility for rail maintenance. The site
plan for Phase 1 shows the dealership, parking and private services outside of the area
required for the ultimate build-out for the layover facility. Metrolinx objects to any
drainage flowing on the layover site. However, these lands are currently owned by the
applicant and the FSR is showing the same drainage pattern that currently exists on site.
The applicant is exploring options to relocate the drainage channel that is suitable to both
parties. This will continue to be addressed through the site plan review process.
11.4 Rundle Road Improvements
Rundle Road is currently built to a rural cross section with critical deficiencies in base,
drainage and surface. Full reconstruction of Rundle Road from Baseline Road to the
south limit, including the turnaround will be required at 100% cost to the applicant.
A level rail crossing on Rundle Road only has warning signs, no safety arms or lights.
Warning system upgrades may be required as per Transport Canada regulations and the
Railway Safety Act at 100% cost to the applicant.
11.5 Resident Concerns
The residents are primarily concerned with the Metrolinx layover facility and the impact on
property values. The concerns with respect to the auto mall more related to traffic and
well impacts. The subject site is the eastern boundary of the Light Industrial Area, and
increased activity and noise is to be expected as the site and other industrial lands are
developed.
With respect to well interference, the Hydrogeological Report stated there is ample
subsurface water supply and the water quality is good. Impacts on existing domestic
wells is not expected.
Municipality of Clarington
Report PSD-064-17 Page 13
11.6 Regional Services
This portion of the Courtice Employment Area will be isolated from the balance of the
area by Highway 418. Staff had previously requested that the Region provide for service
extensions under Highway 418 during its construction but no action was taken on this.
The site plan agreement will require the applicant to connect but it is unlikely that services
will be extended for a very long time.
11.7 Proposed Zoning By-law Amendment
The subject site is currently designated Light Industrial Area. The auto mall use is
permitted through site specific zoning which will exclude used car dealerships, boat and
all-terrain vehicle dealerships and recreational vehicle storage. The proposed zoning by-
law amendment will align with the Light Industrial Area designation policies. The
woodlot/wetland feature and buffer will be zoned Environmental Protection. There are
several site plan issues to work through, particularly with respect to drainage however,
staff are of the opinion that solutions can be found through the site plan approval process.
The (H) Holding Provision is included to ensure all concerns are addressed in keeping
with Official Plan policies. The (H) will only be removed once site plan approval is issued
and prior to the issuance of the building permits for each dealership.
12. Concurrence
Not Applicable.
13. Recommendation
The outstanding issues are development details that can be dealt with through the site
plan process. It is respectfully recommended that the application to amend the zoning by-
law be approved as.
Municipality of Clarington
Report PSD-064-17 Page 14
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison B.Comm LL.B
Director of Planning Services Chief Administrative Officer
Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410
or cstrike@clarington.net
Attachment: Zoning By-Law
The following is a list of the interested parties to be notified of Council’s decision:
Rodger Miller, Miller Planning Services
Bob Verwey, Owasco
John Fledderus, Owasco
Barb and Rick Percy
Aldeth Whorm
Eid Attia
Everett and Tobia Groeneveld
CS/CP/tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0011 570 Rundle Road - Owasco\Staff Report\PSD-064-17 Staf Report.docx
Attachment 1 to
Municipality of Clarington Report PSD-064-17
Corporation of the Municipality of Clarington
By-law 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 ZBA 2017-0011;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
a) Section 2 is hereby amended by adding the following new definition:
Motor Vehicle and Recreational Vehicle Sales Establishment shall mean
a building or structure and associated land where a franchised dealer
displays motor vehicles and recreational vehicles for sale or rent, but does
not include motor vehicle dealerships selling only used motor vehicles or the
sale of snowmobiles, boats, personal watercrafts or all-terrain vehicles, and
shall not include recreational vehicle storage. Permitted accessory uses
include a motor vehicle repair or body shop as part of a franchised
dealership.
b) Section 23.3 “SPECIAL EXCEPTIONS – LIGHT INDUSTRIAL (M1) ZONE is
hereby amended by adding new Special Exception Zone as follows:
“SECTION 23.3.12 LIGHT INDUSTRIAL EXCEPTION (M1-12) ZONE
Notwithstanding Sections 2, 3.12 f., 3.16 m., 23.1 b., and 23.2 e. those lands
zoned M1-12 on the Schedules to this By-law shall only be used for the
following uses:
a. Permitted uses:
Motor Vehicle and Recreational Vehicle Sales Establishment
b. Special Yard requirements:
i) the south property line with Highway 401 shall be deemed to be the
front lot line for the purposes of determining yard requirements
ii) Front Yard (minimum) 40 metres
(maximum) 50 metres
iii) From an EP Zone 80 metres
c. Landscaped Open Space 30 percent
d. Lot Coverage (maximum) 40 percent
c) Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
“Agricultural (A) Zone” to “Environmental Protection (EP) Zone”,
"Agricultural (A) Zone" to "(Holding) Light Industrial Exception (M1-12)
Zone",
"Light Industrial (M1) Zone" to "(Holding) Light Industrial Exception (M1-
12) Zone",
“General Industrial (M2) Zone" to "Light Industrial (M1) Zone",
“General Industrial (M2) Zone" to “Environmental Protection (EP) Zone”,
and
“Light Industrial (M1) Zone" to “Environmental Protection (EP) Zone”.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 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