HomeMy WebLinkAboutPSD-035-08
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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.
Freeman Planning Solutions Inc.6
Dean Jowitt
Neil Brown
Lynn Meikle
Mark Ulrich
1044971 Ontario Limited
Cindy and Greg Watson
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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.
,
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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