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HomeMy WebLinkAboutPSD-035-08 ClJJ!:!OglOn REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 31, 2008 ~Vl\-;00'*0.PA--d,~9- 02s gPIt~ ~3(:YO 8' PSD-035-08 File #: COPA 2007-0007 By-law #: ZBA 2007-0026 Meeting: Report #: Subject: 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: IMPACT AUTO AUCTIONS LTD. RECOMMENDATIONS: That subject to Impact Auto Auction Ltd. and Christl View Farms Ltd. executing an agreement containing terms satisfactory to the Municipality's Solicitor and the Director of Planning and depositing the necessary security by 4:00 p.m. on April 7, 2008, it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-035-08 be received; 2. THAT Amendment No. 61 to the Clarington Official Plan be approved as shown in Attachment 3 to permit an increase in outdoor storage from 50% to 70% as proposed by the application submitted by Impact Auto Auctions Ltd., and that the necessary adopting By-law (Attachment 4) be PASSED; 3. THAT the application to amend the Zoning By-law 84-63 submitted by Impact Auto Auctions Ltd. be APPROVED and that the amending By-law contained in Attachment 5 be PASSED; 4. THAT the Mayor and Clerk be authorized by by-law to execute the Option Agreement between Impact Auto Auctions Ltd. and the Municipality of Clarington substantially in the form as contained in Attachment 6; 5. THAT a copy of Report PSD-035-08, Official Plan Amendment No. 61, and Amending Zoning By-law be forwarded to the Durham Region Planning Department and Municipal Property Assessment Corporation; and 6. THAT the Region of Durham, the applicant and all interested parties listed in this report and any delegations be advised of Council's decision and be forwarded the Notice of Adoption. Submitted by: Reviewed by: cJ ~..Lnv David . Crome, M.C.I.P., R.P.P. Director of Planning Services SAlCPIDJC/df/sn 26 March 2008 Franklin Wu, Chief Administrative Officer 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-035-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Adesa/lmpact Auction Canada Corp. and Impact Auto Auctions Ltd. (Impact Auto Auctions) 1.2 Owner: Christl View Farms Ltd. 1.3 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. 1.4 Zoning By-law Amendment: To rezone from "Agricultural (A)" to an appropriate zone to permit the proposed development. 1.5 Site Area: 19.1 hectares (47.2 acres). 1.6 Location: The subject lands are located south of Bloor Street, on the west side ofTrulls 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, Impact Auto Auctions submitted applications to the Municipality of Clarington for the development of 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 permitted from 50% to 70% of a 19 ha property. 2.2 The following studies were submitted for review with the application: a Hydrogeological Study, Geotechnical Investigation, Environmental Site Assessment, Functional Servicing Report, Transportation Impact Assessment and a Planning Analysis. The studies submitted will be reviewed in Section 7 of this report. 2.3 An Environmental Impact Study (EIS) was conducted by the Municipality's consultant during 2007. The EIS examined the impacts of this proposed development on the Robinson Creek headwater area, vegetation on site, fish and fish habitat, wildlife corridors, and any other sensitive and significant features identified during the course of the study. The results of the study will be reviewed in Section 7 of this report. REPORT NO.: PSD-035-08 PAGE 3 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently used for agriculture and there is a barn and several agricultural outbuildings on the property. The agricultural buildings are all vacant at this time and are proposed to be removed during development of the site. The property limits are defined by hedge rows on the north, west and south sides. A tributary of the Robinson Creek is located in the south-western portion of the property. The property generally slopes from the north to the south and west. 2005 Ortho Photo of 1550 Trulls Road ZBA 2007-0026 3.2 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 Provincial Policy regarding employment areas states that municipalities shall plan for, protect and preserve employment areas for current and future uses. The applicant is seeking to develop an industrial use on lands designated for industrial uses and thus conforms to the Provincial Policy Statement. REPORT NO.: PSD-035-08 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 on the Impact Auto Auction site. 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, 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. The goal of Employment Areas is to increase job opportunities in the Region. 5.2 Clarinaton 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. Outside 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% outside storage to be spread over the 19.1 ha, thus the official plan amendment has been submitted. The Environmental Protection Area (EPA) generally follows the tributary of the Robinson Creek located in the southwest portion of the property. It also includes a portion of swale area that feeds the tributary. Development is not permitted in the "EPA" designation and an Environmental Impact Study was required prior to any development approvals. 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. The application is proposing two accesses on Trulls Road in excess of 30 metres apart. The Official Plan identifies future Collector Roads, an east-west collector road bisecting the property at the northern end, and a north-south collector road along the south-western property boundary. The applicant has made provision for the future easUwest collector road in their site plan application by indicating a 100 metre wide swath of land, on part of which, will be located the future east/west collector road. Further discussion of the provision of the collector roads is contained in Section 10. REPORT NO.: PSD-035-08 PAGE 5 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 property into conformity with the proposed Official Plan Amendment and specific to their proposed use. The recommendations of the report support a rezoning to implement the proposed use. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 HvdroQeoloaical Studv. Terraprobe Limited. April 2007 This study identified the existing groundwater levels, groundwater 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 groundwater 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 surface. The average nitrate values varied across the site, but the average nitrate concentration does not exceed 6.8 mg/L, which is below the Ontario Drinking Water Standard (ODWS) of 10 mg/L. The levels are expected to drop over time once the property is no longer fertilized for crops. Site design is recommended to use a central stormwater pond fed by overland flow, ditching and trenching at gentle slopes to allow for infiltration of stormwater. 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 they find the study and results satisfactory. 7.2 Geotechnicallnvestiaation. 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 stormwater control purposes. The proposed pond, in 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 on site. 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. REPORT NO.: PSD-035-08 PAGE 6 7.4 Functional Servicina Report. Skira & Associates Ltd.. Mav 2007 The proposed servicing for this site is regional municipal water service and septic system. Stormwater will be conveyed by storm sewers and a system of drainage trenches, swales and ditches to a stormwater pond. The stormwater pond is for both water quality and water quantity. As the land slopes both south and west, the pond 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 stormwater component. They both found it 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 EnaineerinQ 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. 7.6 Plannina Analvsis, Valerie Cranmer & Associates Inc" April 2007 The Planning Analysis concluded that although there are some aspects of the applications that do not meet every Provincial policy, these policies are broad based and are 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 suggested 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. Clarington Planning Staff have reviewed this report and find that although the general intent and purpose of the General Industrial Area designation is met, with the exception of the amount of outside storage, there are other Growth Plan policies not addressed. These are discussed in Section 10, Comments. 7.7 Environmental Impact Studv. Niblett Environmental Associates Inc. In accordance with the policies of the Clarington Official Plan and Council an Environmental Impact Study (EIS) was conducted on behalf of the Municipality of Clarington by Niblett Environmental Associates Inc. during the fall of 2007. The study REPORT NO.: PSD-035-08 PAGE 7 was undertaken to identify any significant features and the extent of related constraints such as hazard areas, to examine a tributary of the Robinson Creek that traverses the property, to review all natural heritage issues associated with the property, including any woodlands. The EIS also identified cumulative impacts and recommended mitigation measures. The Environmental Impact Study found no significant species, nor rare vegetation community types in the subject study area. The study recommended the tributary of the Robinson Creek and a 5 metre buffer area be zoned Environmental Protection (EP) for protection of the feature. The site plan and required permits from Central Lake Ontario Conservation will implement recommendations from the EIS which include: i) Erosion and sediment control measures, such as fencing and straw bales, to ensure sediment does not enter the tributary; ii) No cutting of trees or removal of ground cover in the tributary area and the bordering hedgerows around the site. Further naturalization of these areas should be promoted; iii) Directional lighting to minimize the effects of light penetrating the surrounding natural heritage features; and iv) Development of a monitoring plan for oil and grease separator, along with an emergency contingency plan for the protection of the Robinson Creek tributary. The site plan process will incorporate conditions to implement the recommendations of the EIS. 8.0 PUBLIC 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 Several inquiries were received with respect to this application. The first inquiry was regarding the location of outside 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 or each. Other concerns from the Public Meeting include: . Traffic on Trulls Road; Hours of operation; Parking on site during auction days; Upgrade of Trulls Road to accommodate increase in traffic volume; Potential decrease in property values; Concerns regarding alignment of east/west collector and impact on parcels east of Trulls Road; and Environmental concerns regarding fluids from automobiles. . . . . . . Further discussion is contained in Section 10. REPORT NO.: PSD-035-08 PAGE 8 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from all required agencies/departments. There are no objections to these applications. Detailed site plan comments and conditions were received and will be incorporated into the development agreement with the Municipality of Clarington and the servicing agreement with Durham Region. 9.2 The Regional Municipality of Durham states this application is exempt from Regional approval. The Region finds that the application conforms with the Provincial Policy Statement and maintains a mix of employment uses. Through the Environmental Impact Study (EIS) process they requested that surface and groundwater features be examined. The Region is satisfied with the results of the EIS. Although the application on its own does not meet the 50 residents and jobs per hectare, the ratio is to be calculated on a Regional scale, not on a site specific basis. Thus the Regional Planning Department finds this application in conformity with the overall industrial development for the Region. 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 (CLOC) reviewed the draft Environmental Impact Study in December of 2007, and a draft final report was reviewed in January 2008. CLOC is satisfied to date with the EIS and recommendations contained therein. However, there are several minor revisions to be completed prior to their support of the study as complete. These include grading of the raised tile bed system, drainage around the raised tile bed, and seeding or sodding of the tile bed area. These concerns will be addressed through the resolution of the EIS and the site plan application. A portion of the property is within a regulated area and as such, development will require Conservation Authority approval prior to development activity. Prior to approval, a sediment and erosion control plan is required for before, during and after construction and a detailed stormwater 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 reviewed the Traffic Impact Assessment submitted in support of the applications and deemed it acceptable for the purpose of the proposed Official Plan Amendment and Zoning By-law Amendment. The document is being further reviewed in terms of implementing the recommendations thereof, including the recommended northbound left turn lane, through conditions of site plan approval. REPORT NO.: PSD-035-08 PAGE 9 Engineering staff advised that Trulls Road, from Cigas Road to Bloor Street, is subject to load restrictions when posted which may impact the operation of the proposed use during said time period. The applicant has been made aware of this. In addition the following comments were provided: i) An appropriate right-of-way to accommodate a major east/west 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 north/south Collector Road along a portion of the west boundary of the subject property. The applicant must dedicate the full width of land required for the future collector, as shown on the design plan submitted by the applicant. iii) A 3.0 metre road widening along Trulls Road is required. iv) The stormwater management pond shall be retained and maintained in private ownership. 10.0 STAFF COMMENTS 10.1 General Industrial Area The Courtice employment lands have been designated since 1996 and the lands north of the CP railway line have remained largely vacant. Limited smaller-scale development has occurred in the Baseline Road area. Due to the lack of municipal services, only dry industrial uses are permitted. The subject lands are located in the General Industrial Area which was designated north and east of Dom's Auto Parts Co. Ltd. Auto wreckers generally create a stigma that is not viewed as an attraction for light or prestigious industrial uses. The applicant's proposal, while better than an auto recycler, has similar characteristics for the portion of their business which includes the processing of vehicles after collisions. The other portion of their business is off-lease vehicles. Both require large outside storage areas. The proposal is bounded by light industrial areas designated to the north of the subject lands. 10.2 Development of Adiacent Industrial Lands Staff were concerned with this application as it could prevent the orderly development of industrial lands in the area, particularly with respect to the transportation network and the extension of services. The size of the Impact Auto Auction site and the location of the Robinson Creek, allow for limited access to adjacent lands. The applicant was requested to undertake a design schematic to show that orderly development could occur in the future in this area if their proposal proceeded. The applicant submitted a design schematic for the area which demonstrates a potential location of the east/west collector road and the north/south collector road, protection of the Environmental Protection areas and how smaller lot parcelization could occur, accessed by future local roads (Attachment 2). The design plan REPORT NO.: PSD-035-08 PAGE 10 schematic indicates a range of lot sizes from 3 acres to 10 acres in area that could potentially occur with many of these lots able to be consolidated or further subdivided if future industry demands it. The design schematic illustrates the importance of the collector roads discussed below. 10.3 Implementation of Collector Roads The Municipality of Clarington Official Plan indicates an east/west collector road bisecting the subject lands and a north/south collector road located abutting a portion of the subject property west limits. These roads provide access to adjacent lands and they are part of the planned transportation network to distribute traffic through the Courtice industrial area as it develops. The issue of the collector road was raised during pre-consultation meetings with the applicants. The initial drawings as submitted, indicated a 100 metre swath in the general area where the collector road would eventually lie in which the Municipality could purchase a 26 metre road allowance at some time in the future. A north/south collector road is identified in the Clarington Official Plan also along the furthest west boundary of the subject property, located in the south west corner. No provision was made for this future road in the original drawings. The Applicant has agreed to dedicate the required 26 metres to the Municipality. These road links were essential to ensure full and orderly development of the Courtice employment lands. The Impact Auto Auction proposal would prevent this or require the Municipality to expropriate lands from an operating business in the future and construct it at the Municipality's expense. Through discussion with the Municipality's Planning Services and Engineering Services Departments, the applicant has agreed to enter into an Option Agreement (Attachment 6) with the Municipality of Clarington covering various aspects of the development. As of the writing of this report, the agreement is being finalized. The proposed agreement will be provided to Committee but generally contains the following terms. . Impact Auto Auctions provides to the Municipality an option to purchase the lands required for the east/west collector road, for a nominal fee, for a 20 year period subject to Council adopting a resolution and implementing a by-law committing to the construction of the east/west collector; . Impact Auto Auctions will provide funds in the amount of $650,000 to cover the anticipated costs of constructing the eastlwest collector road minus water and sanitary sewer services; . Impact Auto Auctions will dedicate lands to the Municipality to facilitate a future north/south collector road allowance of 26 metres. This is located in the south- west portion of the site. No funds are provided for the construction of the north/south road; . Impact Auto Auctions will address identified deficiencies in the site plan by filing revisions to improve the architectural quality of the building elevations, the landscape screening of the southern limit of the property and the removal of the night-time drop-off zone; REPORT NO.: PSD-035-08 PAGE 11 o The agreement will unwind if the applications do not receive final approval or if the land transaction is not closed; o Impact Auto Auctions and Christl View Farms Ltd. will not object to the repeal of the Official Plan Amendment and the Zoning By-law amendment if the agreement unwinds. At this time the Municipality of Clarington has not conducted an Environmental Assessment (EA) to determine the precise alignment of the collector road system in the Courtice employment area. The Agreement affords the Municipality time to do further planning for industrial development in this area. 10.4 Servicinq The following provisions are made for servicing the site: o Regional water service will be extended by the applicant south from its existing terminal point on Trulls Road at Bloor Street, to the south limit of the subject lands. The applicant is responsible for the full cost of the required watermain extension and responsible for additional costs of frontage and connection charges. o The applicant will be responsible for connecting to the sanitary sewer system when it is available. Since the applicant does not need sanitary sewer services for their day-to-day operations, there is no requirement to extend sanitary sewer services to the site. o The applicant will be constructing a private stormwater management pond on site to deal with surface drainage. There is no overall master drainage plan prepared for the Courtice employment area and every applicant is responsible to handle their stormwater management requirements on their own site. 10.5 Resident's Issues A number of resident's spoke at the public meeting held in September 2007. The issues are summarized as follows: o Increase in traffic on Trulls Road: Trulls Road is a Type C Arterial road. This type of road is designed to move more significant volumes of traffic than a Collector Road, however at a lower operating speed (50 kmfhr) than a Type A or B Arterial road (80 kmfhr). An arterial road of this type shall have a right-of-way width of 26-30 metres. The traffic study submitted in support of the applications recommended a northbound left turn lane be constructed to accommodate the development. The developer will be required to build this as a condition of site plan approval. Over time the Municipality will be required to undertake improvements to the road to become an urban arterial. At the present time, the road is subject to half load restrictions. REPORT NO.: PSD-035-08 PAGE 12 . Hours of operation: The applicants have stated that their hours of operation are during daylight hours, typically from 8 a.m. to 6 p.m. They do not plan operate an active overnight operation or during weekends. Hours of operation would have to be addressed in another municipal by-law for enforcement purposes. However, the applicant is removing the overnight drop-off area from the site plan. . Parking on site during auction days: Parking is provided on-site, in excess of the zoning by-law requirements for this type of use. Although the applicant has indicated in the Traffic Impact Assessment that there will be approximately 180 vehicles sold on auction days, in excess of 200 parking spaces have been provided, much of Impact Auto Auction's business is done on-line through internet bids. . Impact on property values: This area has been designated for industrial use in the Clarington Official Plan since 1996 and since 1993 in the Regional Official Plan. While the specific designation on this parcel is General Industrial, which permits heavier industrial uses such as asphalt and concrete batching plants, this application is for a lighter industrial use with lower noise, dust and vibration emissions. The applicant is ensuring that views of the use are limited through berming and landscaping. We understand that they have met with the residents to alleviate the possibility of conflict between residential uses and the auto auction use. . Concerns regarding alignment of east/west collector as it impacts parcels east of Trulls Road: The landowner to the north-east of the site, Neil Brown, has raised concerns with respect to the alignment of the east/west collector road. They do not want to see the east/west collector road bisect their lands leaving unusable remnants of land. As noted above, this collector road is important to provide a transportation network to service the industrial area. The future road alignment has not been determined at this time as the Municipality has not yet conducted an Environmental Assessment. However, it is clear that the future right-of-way will need to bisect southerly portion of the lands owned by Neil Brown. . Environmental concerns regarding fluids from automobiles: Fluids from collision vehicles are to be disposed of in an environmentally responsible way. Fluids can leak from cars in any parking lot and since the majority of the outdoor storage area is a gravel parking lot, there is potential for some contamination. The plan provides for oil and grease separators to be incorporated in the stormwater management system. A recommendation of the Environmental Impact Study is for a monitoring program of the oil and grease separator to ensure that they are properly maintained. Staff will include this recommendation through the site plan process. REPORT NO.: PSD-035-08 PAGE 13 10.6 Provincial Growth Plan 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 Region has advised that this target is being applied across the entire Region and that this should not prevent this low intensity use in this location. It should be noted however, that other locations will need to have a higher employment density to make up for the lower employment density on this site. The Growth Plan states that for Employment Lands, municipalities shall facilitate development which is transit supportive, has a compact built form and minimizes surface parking. While the subject development is contrary to this direction and makes the area more difficult to service with sanitary sewer services, it does assist to ensure industrial development occurs to create a diversified economic base. 10.7 The applicant has applied for site plan approval, and has submitted detailed drawings, including a site servicing plan and landscape plan. Provided that Council adopts the Official Plan and zoning amendments and they are final and binding, final site plan drawings will be considered containing any changes required by agencies, Clarington or the EIS. A holding symbol shall be placed on the property until such time as site plan approval is imminent. 11.0 CONCLUSIONS 11.1 In consideration of comments received from circulated agencies, the review of the proposal and subject to Council endorsing the proposed Option Agreement to provide for the future road network, staff have no objection to the APPROVAL of the official plan amendment and rezoning application. Attachments: Attachment 1 - Key Map Attachment 2 - Design Plan Schematic for Courtice Industrial Area Attachment 3 - Proposed Official Plan Amendment Attachment 4 - Adopting By-law Attachment 5 - Zoning By-law Amendment Attachment 6 - Option Agreement (to be provided under separate cover) Attachment 7 - By-law Authorizing Option Agreement Interested parties to be notified of Council and Committee's decision: Christl View Farms Limited Adesa/lmpact Auction Canada Corp. (Impact Auto Auction) Penalta Group Ltd. Valerie Cranmer & Associates Inc. 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Z luaw4:Jenv Attachment 3 To Report PSD-035-08 AMENDMENT NO. 61 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, 10R-3387, now in the Municipality of Clarington.) BASIS: The amendment is based on the application (COPA 2007-0007), submitted by Adesa Impact Auto Auction Corp., the supporting studies and the applicant's execution of an agreement for the provision of future roads and various site plan matters with respect to the proposal. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding a new Section 23.14.10 as follows: "23.14.10 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 a maximum of 70% outside storage, to be appropriately screened from public view, as part of a motor vehicle 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. Attachment 4 To Report PSD-035-08 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to adopt Amendment No. 61 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit an increase in outside storage for an industrial use. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 61 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 5 To Report PSD-035-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008-~ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle 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 ZBA2007 -0026; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 24.4 "SPECIAL EXCEPTIONS - GENERAL INDUSTRIAL (M2) ZONE" is hereby amended by adding thereto the following new Special Exception 24.4.19 as follows: "24.4.19 GENERAL INDUSTRIAL EXCEPTION (M2-19) ZONE Notwithstanding Sections 24.1b., 24.2c, 24.2f., 24.2h. and 24.3 on those lands zoned "M2-19" on the attached Schedule to this By-law shall only be used and any buildings of structures thereon shall on be constructed and used in accordance with this By-law and the following definitions and zone regulations: a) Definitions: Auto Auction Establishment Shall mean a building andlor lot which is provided and maintained for the purpose of parking roadworthy motor vehicles which are to be sold on the premises by public auction on a weekly basis. It shall also include accessory offices, vehicle storage and an auction training facility. Motor vehicle repair, motor vehicle body work or motor vehicle wrecking yard uses are prohibited on site. b) Zone Requlations: i) Landscaped Open Space (minimum) 20 percent which shall include an area 1.5 metres in depth abutting every lot line except where such area is occupied by a driveway or walkway. ii) Planting Strip Requirements a) Where any property line abuts a public road allowance, or a future public road allowance an area adjoining such abutting lot line shall be used for a landscaped berm, a minimum of 1.8 metres in height, with a maximum 3:1 slope on either side. c) Requlations for Outside Storaqe: Outside storage shall be located in a rear or interior side yard and shall not be located closer to a public street than any principle structure located on the same lot and further the following minimum yard requirements shall apply: i) Front Yard 35 metres ii) Exterior Side Yard 15 metres - 2 - iii) Interior Side Yard 5 metres to all other uses iv) Rear Yard 5 metres to all other uses v) All lots zoned M2-19 shall be permitted a cumulative outside storage total, not to exceed 70 percent of the combined total lot areas. The outside storage must be part of a permitted use within the M2-19 zone. vi) Any portion of a lot used for outside storage or display of goods or materials is screened from adjacent residential uses and public streets adjoining the lot by buildings, or is enclosed by plantings in conjunction with a planting strip. vii) That all front or exterior elevations of the principle building and any other building located within or partially within 40 metres of an existing or future road allowance shall be constructed of masonry materials. 2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding - General Industrial Exception ((H)M2-19) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the 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 read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule II A"" passed this day to of By-law 2008- , 2008 A.D. , N71.45'55~E 201.28 0 q ~ ~ " ~ Z N7O'27'2.0-E ~ 64.71 ~~ ~ ,..j~ ~ o~ ~ Z ~ Q " <( ~ ~ l' Ii! en 1:1 ...J ...J ~ ::> z a:: f- l' 0 =:- ~~ ~~ z . l' ~ ~ '" " ~ ~ z ~ " ~ ~ Z l' 0 ~~ J ~~ Z N7J'27'20"E 403.78 LOT 31 CONCESSION 1 I.J 'I Zoning Change From "A" To "EP" I2LZI Zoning Change From "A" To "(H}M2-19" Jim Abernethy. Mayor COURTICE Patti L. Borrie, Municipal Clerk Attachment 7 To Report PSD-035-0B THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008-_ being a By-law to authorize the execution of an Option Agreement WHEREAS, the Council of the Corporation of the Municipality of Clarington has approved the recommendations of Report PSD-035-08, including a recommendationJhat the Corporation of the Municipality of Clarington enter into an Option Agreement with Adesa Auctions Canada, Impact Auto Auctions and Christl View Farms Limited for the purchase of a portion of the EastNVest Collector Road in the Courtice employment area; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The Mayor and Clerk are hereby authorized to execute an Option Agreement between the Corporation of the Municipality of Clarington and Adesa Auctions Canada, Impact Auto Auctions and Christl View Farms Limited. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk