Loading...
HomeMy WebLinkAboutPSD-104-07 Cl!J!inglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 17, 2007 'K.esOIu.-hOrl #E2J(-IA-S3~-07 Report #: PSD-104-07 File #: COPA2007-0007 and ZBA2007 -0026 APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AN INCREASE IN OUTDOOR STORAGE FOR AN INDUSTRIAL (AUTO AUCTION) USE APPLICANT: ADESA IMPACT AUTO AUCTION CANADA CORP. (IMPACT AUTO AUCTION) By-law #: Subject: RECOMMENDATIONS: It is respectfUlly recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-104-07 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law 84-63 submitted by ADESA Impact Auto Auction Canada Corp. (Impact Auto Auction) be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: '\ Reviewed by: ,,/) r'~~fZ---:..~ Franklin Wu, Chief Administrative Officer SAlCP/DJC/sh September 7, 2007 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-104-07 Page 2 1.0 APPLICATION DETAILS 1.1 Applicant: ADESA Impact Auction Canada Corp. (Impact Auto Auction) 1.2 Official Plan Amendment: To permit the development of a motor vehicle re-marketing, auction and logistics facility, by increasing the amount of outdoor storage permitted from 50% to 70% on a 19.1 hectare parcel of land. 1.3 Zoning By-law Amendment: To rezone from "Agricultural (A)" to an appropriate zone to permit the proposed development. 1.4 Site Area: 19.1 hectares 1.5 Location: The subject lands are located south of Bloor Street, on the west side of Trulls Road at 1550 Trulls Road in Courtice. The property is contained within Part Lot 31, Concession 1, former Township of Darlington. 2.0 BACKGROUND 2.1 On May 4, 2007, ADESA Impact Auction Canada Corp. submitted applications to the Municipality of Clarington for the development a motor vehicle re-marketing, auction and logistics facility. As part of the proposed development they require extensive outdoor storage of the motor vehicles and thus have requested an amendment to the policies of the General Industrial Area designation to increase the outdoor storage from 50% to 70% of a 19 ha property. 2.2 The subject lands have been designated for industrial uses since 1996. Through the Official Plan review process, these lands in south Courtice were incorporated into the Courtice Urban Area and designated for industrial use. The area is not serviced at this time. 2.3 The following studies were submitted for review in support of the application: a Hydrogeological Study, Geotechnical Investigation, Environmental Site Assessment, Functional Servicing Report, Transportation Impact Assessment and a Planning Analysis. The applicant also submitted Terms of Reference for an Environmental Impact Study which is currently underway. The studies submitted will be reviewed in Section 7 of this report. REPORT NO: PSD-104-07 Page 3 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently used for agriculture. There is a farm house, barn and several agricultural outbuildings on the property. The agricultural buildings are all vacant at this time. The property limits are defined by hedge rows on all sides. There is a swale area which drains into a tributary of the Robinson Creek located in the south western portion of the property. The property generally slopes from the north to the south and west. 3.2 2005 Ortho Photo of 1550 Trulls Road ZBA 2007-0026 3.3 Surrounding Uses: North: South: East: West: Agriculture Agriculture Trulls Road and four existing single detached dwellings Agriculture 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The proposed application is within the Courtice urban area and proposes an industrial development. Provincial Policy regarding employment areas states that municipalities shall plan for, protect and preserve employment areas for current and future uses. REPORT NO: PSD-104-07 Page 4 4.2 Provincial Growth Plan The Growth Plan states that municipalities shall promote and provide for economic development by providing for employment uses. Greenfield development shall plan for an ultimate minimum density target of not less than 50 residents and jobs combined per hectare. The proposed use will provide considerably less than 50 residents and jobs per hectare. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the lands "Employment Areas". Lands designated Employment Areas permit the development of manufacturing, assembly and processing of goods, services 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. The goal of Employment Areas is to increase job opportunities in the Region. 5.2 Clarinqton Official Plan The Clarington Official Plan designates the lands "General Industrial Area" and "Environmental Protection Area". The General Industrial policies allow for development of heavier industrial uses such as manufacturing, assembling, processing, fabricating, refining, warehousing, storage and repair and servicing operation. Outdoor storage is permitted to a maximum of 50% of the site area, with a maximum height of 5 metres. It shall be properly screened and shall generally be located at the rear of the property. The applicant is requesting 70% outdoor storage to be spread over the 19.1 ha, thus the official plan amendment has been submitted. The site fronts on Trulls Road, which is designated a Type 'C' arterial road. Access to Type 'C' arterial roads in an urban Employment Area is to be limited to one access every 30 metres. Map 82, Transportation for the Courtice Urban Area identifies a future Collector Road, bisecting the property in an east/west direction. The applicant has made provision for this future road in their site plan application by indicating a 100 metre wide swath of land for a future municipal road. Although outdoor storage is planned for this area at this time. There are also two other Collector Roads indicated in the Official Plan, approximately located along the south boundary and the west boundary of the subject property. At this time the applicant has not indicated either of these roads on their submission. Provision for these roads is required. REPORT NO: PSD-104-07 Page 5 Map C1, Natural Heritage System identifies a significant valley land and warm water stream bisecting a portion of the property. The policies of the Clarington Official Plan require an Environmental Impact Study be undertaken for development applications located on lands within any natural feature identified on Map C. An EIS for this development has been commenced. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63, as amended, zones the subject lands "Agricultural (A) Zone". The applicant has applied to rezone the properly into conformity with the proposed Official Plan Amendment, and specific to their proposed use. Any site specific zoning requirements will be reviewed through the concurrent site plan process. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Hvdroqeoloqical Studv. Terraprobe Limited. April 2007 This study identified the existing groundwater levels, ground water recharge and discharge zones, flow of water from the site to nearby water courses, and requirements and design measures to be used to maintain the ground water function of the site during and post development. A small tributary to the Robinson Creek was identified; however the soils identified on site have a low permeability and provide a limited amount of baseflow to this creek. The water table is generally within 1.5 metres of the ground surface. Nitrate values varied across the site, but overall were satisfactory. The levels are expected to drop over time once the properly is no longer fertilized for crops. Site design is recommended to use overland flow, ditching and trenching at gentle slopes to allow for infiltration of storm water. Any backfilling should use materials similar to those excavated to ensure soil permeability remains similar. This study has been reviewed by Central Lake Ontario Conservation and their comments (see 9.0 Agency Comments) indicate further information and some revisions are required. 7.2 Geotechnicallnvestiqation. Terraprobe Limited. April 2007 The field investigation for this study consisted of drilling seventeen (17) boreholes on site, a review of water well records within a 1 km radius and a review of literature and mapping of soil and geological formations. The study finds that the building pads, parking and storage areas will need to be leveled and site graded. The other areas, parking, sales, storage, drop zone etc. will require grading for storm water control purposes. The proposed pond, its current location, will require additional materials for lining the pond, either synthetic or specific earth fill materials. There are no impediments found on-site that would prevent the establishment of the proposed facility. REPORT NO: PSD-104-07 Page 6 7.3 Environmental Site Assessment. Terraprobe Limited. December 2006 The Environmental Site Assessment showed that this property has been used for agricultural purposes; a small family farm dating back to 1954. The surrounding area is also rural residential and agricultural in nature, with an automotive recycler (Dom's) located south west of the subject property. There are no issues of environmental concern identified through this study which included a detailed inspection of the property and interviews with persons with knowledge of the use of the property. 7.4 Functional ServicinQ Report. Skira & Associates Ltd.. Mav 2007 The proposed servicing for this site is regional municipal water service and septic system. Storm water will be conveyed by storm sewers and a system of drainage trenches, swales and ditches to a stormwater pond. The storm water pond is for both water quality and water quantity. As the land slopes both south and west the pond location is proposed to be located at a low point on the property along the western property boundary. This report has been reviewed by both Clarington Engineering and Central Lake Ontario Conservation for the storm water component. Both require additional information prior to accepting the report as satisfactory. Regional Works has no objection or concerns with the proposed septic system or connection to the regional water system. 7.5 Transportation Impact Assessment. UMA Enaineerina Limited. April 2007 The traffic study indicates that Trulls Road will operate at acceptable levels of service to the year 2013 providing the following is incorporated in the development of the site: i) there shall be separate outbound left and right turn lanes from the site, in addition to an entrance lane; and ii) an exclusive northbound left turn lane on Trulls Road for access to the site. The study states that exclusive turn lanes will not be required at the secondary access from Trulls Road and that signal warrants are not satisfied at either the BloorfTrulls intersection or the BaselinefTrulls intersection. This study is under review by the Clarington Engineering Department and comments were not available at the writing of this report. 7.6 Plannina Analvsis. Valerie Cranmer & Associates Inc.. April 2007 The planning analysis finds that although there are some aspects of the applications that do not meet all aspects of the Provincial Policy, these policies are broad based, each policy is not meant to apply to every development proposal. Given that the area is not extensively industrially developed, and given the nature of the proposed development, further intensification in the future is not precluded. The planning analysis supports that the application is consistent with the Provincial Policy Statement, that it conforms with the Growth Plan, the Regional Official Plan, and the general intent and requirements of the Clarington Official Plan. REPORT NO: PSD-104-07 Page 7 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and one (1) public meeting notice sign was installed facing Trulls Road. 8.2 To date, two (2) inquiries have been received. The first inquiry was regarding the location of outdoor storage and the screening to be provided. The second inquiry was regarding the type of business, the proposed number of buildings and the floor area of each. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Regional Planning, Clarington Emergency Services, Clarington Building Division, Clarington Engineering Services, Bell Canada, Rogers Cable and Central Lake Ontario Conservation. 9.2 The Regional Planning Department states this application is exempt from Regional approval. The Region finds that the application conforms with the Provincial Policy Statement and maintain a mix of employment uses. Through the Environmental Impact Study process they request that surface and groundwater features be examined. The Regional Health Department has no objection to the septic system proposed by the applicant. The proposed septic system is considered a temporary facility and the property will be required to connect to Regional Municipal sanitary services when available. Regional water service is available in the area and the applicant is required to extend the watermain to the property and connect their establishment. 9.3 Central Lake Ontario Conservation has issued preliminary comments prior to the completion of the Environmental Impact Study. The following issues were identified: i) A portion of the property is impacted by a tributary of Robinson Creek. As the floodplain for this tributary has not been mapped to date, it may be necessary for the proponent to calculate the extent of the regulatory flood plain; ii) A portion of the property is within a regulated area and as such, development will require Conservation Authority approval prior to development activity; iii) The applicant is proposing an on-line pond. Generally this is not permitted and the pond may need to be re-Iocated away from the tributary; and, iv) Prior to approval a sediment and erosion control plan is required for before, during and after construction and a detailed storm water management report including water quality and water quantity, and design criteria of the pond and drainage area is required. 9.4 Clarington Engineering Services has the following preliminary comments which pertain to the Official Plan amendment and rezoning: REPORT NO: PSD-104-07 Page 8 i) An appropriate right-of-way to accommodate a major collector street must be dedicated to the Municipality in a form satisfactory to the Director of Engineering Services and the Municipality's solicitor. ii) The Clarington Official Plan shows a future Collector Road along the west boundary of the subject property. The applicant must dedicate half of the width of land required for the future collector. iii) A 3.0 metres road widening along Trulls Road is required. These requirements may impact the request for 70% outdoor storage and thus need to be addressed prior to approval of the official plan amendment and rezoning applications. Additional comments were received from Engineering regarding the site plan application details. Some further requirements include the requirement to enter into a development agreement with the Municipality of Clarington and that all engineering requirements be designed to meet the Municipality of Clarington Design Criteria and Standard Drawings. Also, any upgrades to Trulls Road are required to be designed, engineered, constructed and inspected at the applicant's full expense. Additional comments will be provided once the transportation concerns have been addressed. 9.5 Bell Canada has no objection to the application, and will send further comments at a later date when detailed site plan drawings are submitted. 9.6 Comments remain outstanding from Enbridge Gas and Hydro One Networks Inc. and final comments are expected from Central Lake Ontario Conservation once their issues identified in their preliminary comments are addressed. 9.7 The applicant has been provided a complete copy of all agency and department comments received to date. 10.0 STAFF COMMENTS 10.1 The issue of dedication of the east-west and north-south collector roads and compliance with Schedule "B" of the Clarington Official Plan was raised during pre-consultations. The dedication of the collector roads and the letters of credit to cover the construction of these roads is necessary as part of any development approval. The application drawings as submitted indicate a 100 metre swath in the general area where the collector road would eventually lie but which is proposed to be used for parking of cars for future sale. From this, it appears that the applicant does not wish to dedicate the lands at this time. There is also a potential problem for the alignment of the southerly Type B arterial road, which needs to be determined through this application. This land dedication and appropriate financing for the construction of these internal roads is required so that the industrial lands can develop in an orderly manner and is not prejudiced by this proposed development. More study is required to adequately REPORT NO: PSD-104-07 Page 9 define the road alignments through the Courtice industrial lands for this application site and future developments. This dedication of land will create a separate parcel of land on the north side of the future collector road. Currently this parcel is shown as the parking area for cars for future sale with no buildings. The proposed amendment to the Clarington Official Plan may need to be revised to introduce 100% outdoor storage on this second parcel. The use of this land, it's ingress/egress to Trulls Road, all require further discussion with the Planning Services Department. 10.2 Both the Clarington Official Plan and the Growth Plan seek to ensure municipalities have a diversified economic base. The Courtice area of Clarington is currently home to Manheim's Auto Auction, Co-Part Auto Recyclers, Dom's Auto Wreckers and Courtice Auto Wreckers. With the construction of the new Courtice Water Pollution Control Plant, services will become available to this area in the coming years which will allow uses to develop that rely on water for the production process. This proposal does not seek to diversify Clarington's economic base or strengthen it, but rather to locate an establishment that requires extensive land area with outside storage. 10.3 The Growth Plan states municipalities should plan to achieve a minimum density target of not less than 50 residents and jobs combined per hectare. The policy is not intended to apply to each development, rather that municipalities as a whole meet the standard. This development does not attempt to meet this goal providing approximately 50 jobs over 19 ha (2.6 jobs/hal, and places a burden on subsequent developments within Clarington to achieve the minimum density prescribed in the Growth Plan. 10.4 Clarington has an adequate supply of industrially lands designated in the 1996 Clarington Official Plan. To date the Courtice industrial area has not proven attractive to developers as there are no municipal sanitary or water services. The provision of private on-site servicing can increase in the cost of development by requiring on-site water storage for fire-fighting and more lands to accommodate septic systems and reserve areas. The Courtice Water Pollution Control Plant is nearing completion and will have the capacity to accommodate sanitary services for this area. The proposal is a land extensive use which will not fully capitalize on the availability of full municipal services. 11.0 CONCLUSIONS 11.1 The purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting and it is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Amendment REPORT NO: PSD-104-07 Interested parties to be notified of Council and Committee's decision: Christl View Farms Limited ADESA Impact Auction Canada Corp. (Impact Auto Auction) Penalta Group Ltd. Valerie Cranmer & Associates Inc. Freeman Planning Solutions Inc. Page 10 CD u 1:: :I 0 0 Q. .. :;; c: i;j 0 :;:; w .. iO u 0 en ..J '" ,., 0 1:: 9 CD Q. III e D.. .... z w := o cgz NW 0:= 9e( ..... g~ N..J <C>- mill NeI ~ z o N ~ LOT 3 0 JM,".T;,.:" -, , . .1 I 7 E (l n v It. I PER) IMBT. N..14184. _ SECONDLY LOT 3 CONCESSION LOT Attachment 1 To Report PSD-104-07 - C GI E " c ..... GI o E oe( o c 'S 1:;11. on; N <C :~ 0..= 00 o g - Q C .;: S C) -, ~ -, INST. "o.10J!4-. THIRDLY 3 2 Ii .. o C) ClI ,,~ ClI C o 1:... ClI U C) :I ce( .2 0 t)"$ :Ie( e(_ III U 1/1 III GI Q. " E e(:::. .;.; c ClI .!:! ii Q. e( ~ ~ ~ " - . . . ; . . . , . . . . . . r Attachment 2 To Report PSD-104-07 AMENDMENT NO._ TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to permit, to a maximum of 70%, an increase in the amount of appropriately-screened outside storage required for the operation of a permitted vehicle re-marketing, auction and logistics facility. LOCATION: The subject site is located in the Courtice Employment Area, south of Bloor Street, on the west side of Trulls Road and municipally known as 1550 Trulls Road. (Legally described as Part of Lot 31, Concession 1, former Township of Darlington, Part 1, 1 OR-3387, now in the Municipality of Clarington.) BASIS: The amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment application COPA2007-0007. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding a new Section 11.6._ as follows: "11.6. Notwithstanding any provision of this Plan to the contrary, the property located south of Bloor Street, on the west side of Trulls Road, municipally known as 1550 Trulls Road. (Legally described as Part of Lot 31, Concession 1, former Township of Darlington, Part 1, 10R-3387, now in the Municipality of Clarington, may be zoned to permit maximum of 70% outdoor storage, to be appropriately screened from public view, as part of a vehicle re-marketing, auction and logistics facility." IMPLEMENTATION: The policies in the Municipality of Clarington Official Plan regarding implementation shall apply to this amendment. INTERPRETATION: The policies in the Municipality of Clarington Official Plan regarding interpretation, shall apply to this amendment.