HomeMy WebLinkAboutPSD-074-06
Clw:pn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 19,2006
Report #: PSD-074-06
File #: ZBA 2006-0016
BY-la(!J:
b A~J<cti'~b
Subject:
REZONING APPLICATION FOR INDUSTRIAL LANDS ON SOUTH SERVICE
ROAD IN BOWMANVILLE
OWNER: MUNICIPALITY OF CLARINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-074-06 be received;
2. THAT the rezoning application by Municipality of Clarington to rezone lands generally
described as south side of South Service Road, east of Ontario Power Generation, west
of the Fifth Wheel Truck Stop, and north of the CN Rail line be referred back to staff for
further processing; 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 i rome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: d~
InWU,
i Chief Administrative Officer
CP/DJC/sh/df
June 13, 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-074-06
Page 2
1.0 APPLICATION DETAILS
1.1 Applicant: Municipality of Clarington
1.2 Rezoning: from "Agricultural (A)", "Light Industrial (M1)", "Holding Light Industrial
((H)M1)", "Industrial Exception Zone (M1-6)", "Holding Light General
((H)M2)" Zone and "Environmental Protection (EP)" Zone, to
appropriate zones to implement the policies of Light Industrial Area,
Green Space and Environmental Protection Area designation and
recognize existing legal uses.
2.0 LOCATION
2.1 The subject lands are generally located on the south side of South Service Road,
east of Ontario Power Generation, west of the Fifth Wheel Truck Stop, and north of
the CN Rail line, as shown on Attachment 1.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The subject lands encompass approximately 40 ha 100 (acres). The subject area
includes two tributaries generally flowing to the south towards Lake Ontario. The
area also includes two existing developments, one site plan approved development,
vacant land as well as two parcels containing existing single detached dwellings.
3.2 Surrounding Uses:
North:
South:
East:
West:
H ig hway 401
Canadian National Railway line and St. Marys
Fifth Wheel Truck Stop
Ontario Power Generation lands including Darlington Nuclear
Station
4.0 BACKGROUND
4.1 On May 8, 2006, the General Purpose and Administration Committee considered
Planning Staff report PSD-056-06 and adopted the following recommendation:
"THAT Staff be authorized, forthwith, to undertake a rezoning of the
lands fronting on the south side of South Service Road, east of Ontario
Power Generation, west of the Fifth Wheel Truck Stop, and north of the
CN Rail line, as shown on Attachment 4".
4.2 The key map contained in Attachment 1 to this report is the same as the map
contained in Attachment 4 to the May 8, 2006 report. It depicts the land subject of
this application. The subject lands are designated either "Light Industrial" "Green
Space" or "Environmental Protection Area" in the Clarington Official Plan. These
REPORT NO.: PSD-074-06
Page 3
lands have frontage and access to South Service Road; however they generally
have good visibility from the eastbound lanes of Highway 401.
4.3 The land subject to the rezoning application has some scattered development.
Attachment 2 to this report identifies ownership of lands within the area subject to
rezoning. The following provides a description of the area starting at the east limits
and moving west:
. The first parcel is vacant;
· G.D. Tire occupies the abutting 0.58 ha parcel with a 465 sq.m. building
constructed about four years ago;
· West of that is a vacant 3.14 ha parcel;
· The abutting lands to the west are owned W. E. Roth Construction. This
parcel received conditional site plan approval in May 2006 for 12 buildings
for rental storage units and construction is expected to commence shortly;
· Roth also constructed an industrial condominium on the south east corner
of Symons Road and South Service Road, in 2003, having a floor area of
2500 sq. m.;
· The Roth lands surround a 1.5 ha parcel of land associated with floodplain
lands that have been dedicated to the Municipality of Clarington;
· West of Symons Road there is a 0.9 ha parcel with an existing house.
941807 Ontario Ltd. (Gerald Hasiuk) filed an application for removal of
holding and application for site plan approval to permit a proposed
transport service establishment for the repair and maintenance of trailers
on these lands Mr. Hasiuk has referred the rezoning application to the
Ontario Municipal Board;
· The remaining frontage on South Service Road is a 6.27 ha parcel which
has an existing residential dwelling and accessory buildings;
· Hydro One Networks Inc. owns a vacant parcel that only has access from
Symons road and does not have any active applications. (Attachment No.
2).
4.4 There is a two tower wide 500 KV hydro corridor located immediately north of the
CNR line. This corridor commences at the Darlington Generating Station and runs
parallel and north of the rail line through the subject lands. The corridor is on
easement over the lands east of Symons Road.
5.0 PUBLIC NOTICE AND SUBMISSIONS
5.1 Public Notice was given by mail to each landowner within 120 metres of the subject
site. As of the writing of this report no one has contacted staff with respect to the
notice provided.
5.2 One enquiry from landowner within the area subject to rezoning was received as
well as enquiries from OPG and CNR. All three requested additional information on
the application. The land owner requested a list of proposed permitted uses. No
one provided any objection to the proposed zoning change.
REPORT NO.: PSD-074-06
Page 4
6.0 PROVINCIAL POLICY
6.1 The Provincial Policy Statement 2005 has a number of policies relevant to the
managing and directing of land uses to achieve efficient development and land use
patterns. Settlement areas shall be the focus of growth. Employment Areas shall
provide an appropriate mix and range of employment to meet long-term needs. The
proposed rezoning is consistent with the PPS.
7.0 OFFICIAL PLAN CONFORMITY
Durham Reaion Official Plan
7.1 The Durham Region Official Plan designates the subject property as Employment
Area. Manufacturing, assembly and processing of goods, service industries,
research and development facilities, warehousing, business parks, limited personal
service uses, hotels, storage of goods and materials, retail warehouses, freight
transfer and transportation facilities are the predominant use of lands designated
Employment Area. Such uses shall be designated in appropriate locations in the
local municipal official plan. Sites having a high degree of exposure and good
visibility shall be reserved for employment intensive uses. This proposal is consistent
with the Regional Official Plan policies.
Clarinaton Official Plan
7.2 The Clarington Official Plan designates the lands subject of the rezoning application
Light Industrial Area, Green Space and Environmental Protection Area. The
predominant use of lands in Light Industrial designation is for manufacturing,
assembling, processing, fabricating, repairing, research and development and
warehousing. Outside storage can not exceed the equivalent of 25% of the gross
floor area, shall not exceed a height of 3 metres and shall be located primarily in the
rear of the building and shall be screened so as not to be visible from a freeway.
7.3 Lands designated Green Space shall be primarily used conservation and active or
passive recreation uses. This designation is generally located on the lands
encumbered by the Hydro corridor.
7.4 The policies of the Environmental Protection Area designation recognize the most
significant components of the Municipality's Natural Environment. These areas and
their ecological function are to be preserved and protected from the effects of human
activity. The extent of the Environmental Protection Area designation shall be
detailed through the review of development applications or in consultation with the
Conservation Authority.
7.5 In addition to the above designations, some of the lands designated Environmental
Protection Area are identified as significant woodlands.
REPORT NO.: PSD-074-06
Page 5
8.0 ZONING BY-LAW CONFORMITY
8.1 The subject lands have a number of existing zones including Agricultural (A), Light
Industrial (M1), Holding Light Industrial ((H)M1), an Industrial Exception Zone (M1-
6), Holding General Industrial ((H)M2) Zone and Environmental Protection (EP)
Zone. The existing Light Industrial zone provisions do not fully implement the
policies of the Light Industrial Area designation and permit uses which are not
consistent with uses of this designation. In addition, the limits of the existing zone
boundaries do not implement the limits of the Environmental Protection Area
properly or the lands designated Green Space. Staff initiated a rezoning of these
lands to address this issue of non-conformity.
9.0 STAFF COMMENTS
9.1 The purpose of the application is to bring the zoning of the subject lands into
conformity with the policies of the Clarington Official Plan. As noted above the
current limits of industrially zoned lands is not in complete conformity with the
designations and policies contained in the Clarington Official Plan. This includes:
· lands zoned for industrial development that are subject to flooding;
· lands zoned General Industrial (M2) which permits outside storage with limited
controls;
· uses in the Light Industrial (M1) which are not consistent with the Light Industrial
designation; and
· a Green Space designation which is not recognized.
9.2 The proposed zoning amendment would provide zone limits that are consistent with
the land use designations, as well as use and regulations that implement the policies
of the Clarington Official Plan.
9.3 The proposed amendment would limit public storage units to the Roth lands where
12 buildings for rental storage units have been recently approved. The lands
designated Green Space which roughly coincide with the Hydro Corridor are
proposed to be zoned Agricultural (A) at this time. Development of these lands,
consistent with the Green Space designation and authorization from Hydro One, will
require further rezoning.
10.0 RECOMMENDATION
10.1 It is recommended that the report be referred back to staff for further review in
consideration of any comments received from the public, and receipt of comments
from agencies on the draft by-law.
REPORT NO.: PSD-074-06
Page 6
Attachments:
Attachment 1 - Key Map
Attachment 2 - Existing Land Use and Ownership
Attachment 3 - Proposed Zoning By-law Amendment
List of interested parties to be notified of Council's decision.
Terry Klawitter
Attachment 1
To Report PSD-074-06
::::
"-
\0
"
:'!:
"-
c:::,
"
~
"-
\0
"
~
7"'A.-
~
\
i-
t
~
%
'7a.
'C>.
a.
~
u
lrJ
~
~
\:j
~
\cJ
~
CQ
'l"'"
o
o
.
CQ
o
o
N
<C
m
N
-
c
CD
E
"C
C
CD
E
~
~
ns
"'i'
~
III
m
.5
c
~
c
.s
m
c
'i:
ns
o
...
o
~
"i
Q.
:~
c
~
:!E
..
c
ns
.!:!
Q.
Q.
~
~
Attachment 2
To Report PSD-074-06
I
I
I ~
~
I ..,
0
\ ....J
\\
\ '
Q) - ..... \\ CD
OQ)Q)
ceo=:: ~
eo ..c: .- 0
l:::: 0 ~
Q) .- eo 0
I-~~ I
L.O CD
~ 0
.., 0
7",tt 0 N
~ ....J <(
'Pll s6u!PIOH AJJ3 ~ m
N
\ r:::
.-
9- .r:::
..
~ .-
c ~
..c: 0 't-
~~ ~ U)
. - 'Q "C
w en
.c \ r:::
~ 0
C) t; CO
...J
~
0
c.
.-
.r:::
l!!
CD
r:::
~
0
Q) c.:i I"-
c.!: ~
O~ ..,
~ (; 0
-g,.! ....J
J: Q)
z
~
Attachment 3
To Report PSD-074-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
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 former Town of Newcastle to
implement the policies contained in the Clarington Official Plan for an area fronting on the
south side of South Service Road, east of Ontario Power Generation lands, west of the
Fifth Wheel Truck Stop lands, and north of the CN Rail line (ZBA 2006-0016);
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 23.3. "SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE" is hereby
amended by adding a new Section 23.3.13 as follows:
"23.3.13 LIGHT INDUSTRIAL EXCEPTION (M1-13) ZONE
(a) In this Section, the terms mean:
Drive-Through Facility shall mean the use of land, buildings or structures, or
part thereof, to provide or dispense products or services, either wholly or in
part through an attendant or a window or an automated machine, to
customers remaining in motor vehicles located in a stacking lane.
Light Equipment Service Establishment Shall mean the use of a building
or part of a building or structure where light machinery and equipment such
as hand tools, small power tools, portable equipment, and machinery
containing a small engine, such as air compressors, augers, automotive tools,
cleaning equipment, light compaction equipment, concrete and masonry
equipment, floor and carpet tools, gasoline generators, chain saws, jacks and
hydraulic equipment, lawn and garden tools, ladders, moving equipment,
painting and decorating equipment, pumps, scaffolding, welding equipment,
sporting equipment, party supplies, and other similar tools and accessories
are serviced, repaired or offered or kept for sale, rent, lease or hire under
agreement for compensation, but shall not include any other establishment
defined or classified in this By-law.
Self-Storage Establishment shall mean a building or buildings consisting of
individual storage units accessible by the user, used for the storage of goods,
wares, merchandise, foodstuffs, substances, articles or things and, may
include a gate house or dwelling for security purposes as accessory to the
storage units but does not include a warehouse and shall not include any
other use or activity otherwise defined or classified in this By-law.
(b) Notwithstanding the provisions of 23.1 (b), and 23.2 (c), no person shall use
any land or erect or use any building or structured located in a M1-13 zone for
any non-residential purpose unless the provisions of this Section and
applicable provisions of the aforesaid By-law 84-63 are satisfied:
i) Non-residential Uses
a) an assembly, manufacturing, fabricating or processing plant within
a wholly enclosed building or structure;
b) a building supply and/or home improvement outlet within a wholly
enclosed building or structure;
c) a business or professional office provided such use is accessory
and incidental to a permitted use otherwise specified herein to a
maximum of 25% of the gross floor area;
d) day nursery;
e) a dry cleaning establishment;
f) an eating establishment;
g) an eating establishment with a drive-through facility;
h) a factory outlet;
i) a fitness centre;
j) a light equipment service establishment;
k) a printing or publishing establishment;
I) a private club;
m) a research and development facility; and
n) a warehouse for the storage of goods and materials within a wholly
enclosed building or structure.
ii) A building supply and/or home improvement outlet within a wholly
enclosed building or structure permitted in 23.3.13(b)(i) shall have a
maximum floor size of 2000 square metres;
iii) Zone Regulations
a) Yard Requirements (minimum):
i)
Abutting South Service Road street line
a) Front Yard
b) Exterior Side Yard
17 metres
17 metres
ii)
Abutting street line of other roads
a) Front Yard
b) Exterior Side Yard
4 metres
4 metres
b) Landscaping Strip Width Requirements (minimum):
i)
Front Yard and Exterior Side Yards:
a) abutting South Service Road
b) abutting all other roads
10 metres
3 metres
ii)
Interior Side Yard and Rear Yards
1.5 metres
c) The length of the building fagade of the first building constructed
along the front lot line of a lot shall be a minimum width
representing 40% the total length of the lot frontage.
d) Outside storage is permitted provided:
i) shall not exceed an area equivalent to 25% of the
building area;
ii) shall not exceed a height of 3 metres; and
iii) shall be enclosed by walls, fencing, or a landscape
screen and is not visible from any residential property or
public street.
2. Section 23.3. "SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE" is hereby
amended by adding a new Section 23.3.14 as follows:
"23.3.14 LIGHT INDUSTRIAL EXCEPTION (M1-14) ZONE
(a) In this Section, the terms mean:
Self-Storage Establishment shall mean a building or buildings consisting of
individual storage units accessible by the user, used for the storage of goods,
wares, merchandise, foodstuffs, substances, articles or things and, may
include a gate house or dwelling for security purposes as accessory to the
storage units but does not include a warehouse but shall not include any
other use or activity otherwise defined or classified in this By-law.
(b) Notwithstanding the provisions of 23.1(b) those lands zoned M1-14 on the
Schedules to this By-law shall only be used for a Self-Storage
Establishment.
3. Schedule "1" and "3" to By-Law 84-63, as amended, are hereby further amended by
changing the zone designation as follows:
From "Environmental Protection (EP)" to "Agricultural (A)"
From "Agricultural (A)" to "Environmental Protection (EP)"
From "Light Industrial (M1)" to "Environmental Protection (EP)"
From "(Holding) General Industrial ((H)M2)" to "Environmental Protection (EP)"
From "(Holding) General Industrial ((H)M2)" to "Agricultural (A)"
From "Light Industrial (M1)" to "Light Industrial Exception (M1-13)"
From "Light Industrial (M1)" to "(Holding) Light Industrial Exception ((H)M1-13)"
From "(Holding) Light Industrial ((H)M1)" to "(Holding) Light Industrial Exception
((H)M1-13)"
From "Light Industrial (M1)" to "Light Industrial Exception (M1-14)"
From "Light Industrial Exception (M1-6)" to "Light Industrial Exception (M1-14)"
as shown 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, R.S.O. 1990.
By-Law read a first time this day of
2006
By-Law read a second time this day of
2006
By-Law read a third time and finally passed this day of
2006
John Mutton, Mayor
Patti L .Barrie, Municipal Clerk
This is Schedule II A" to By-law 2006-
passed this day of , 2006 A.D.
,
~ Zoning to Remain"EP"
_ Zoning Change From "A" To "EP"
1:~;1 Zoning Change From "EP" To "A"
~ Zoning Change From "M1" To "EP"
John Mutton, Mayor
~ Zoning Change From "M1" To" M1-13"
~ Zoning Change From "M1" To "(H)M1-13"
~ Zoning Change From "(H)M1" To "(H)M1-13"
~ Zoning Change From "M1" To "M1-14"
EZ22J Zoning Change From "M1-6" To "M1-14"
~ Zoning Change From "(H)M2" To "EP"
_ Zoning Change From "(H)M2" To "A"
BOWMANVILLE J
Patti L. Barrie, Municipal Clerk