Loading...
HomeMy WebLinkAboutPSD-096-08~- ~~~ REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~~ t~-'f"lDl'1#~ ~/~-J~~ -bS~ Date: Monday, October 6, 2008 Report #: PSD-096-08 File #: ZBA 2008-0019 By-law #: Subject: ZONING BY-LAW AMENDMENT TO REZONE TO PERMIT PRESTIGE EMPLOYMENT USES APPLICANT: $96443 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-096-08 be received; 2. THAT the rezoning application submitted by 896433 Ontario Limited for prestige employment lands continue to be reviewed to address outstanding issues and any concerns raised at the Public Meeting; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: ~ r `mow David J. rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/CP/av/df September 26, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-096-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: 896433 Ontario Limited 1.2 Applicant: Commercial Focus Advisory Services Inc. 1.3 Proposal: To rezone the subject lands from "Agricultural (A)" to an appropriate zone to permit the development of a prestige employment area containing approximately 4,585 m2 of industrial floor area, a commercial area containing a restaurant, a coffee shop, a bank, totaling 1240 m2, a 1,170 m2 ancillary commercial building, and a 5 storey, 100 room, hotel with a conference centre. 1.4 Site Area: 8.8 ha (21.75 ac) 1.5 Location: The subject lands are located in Bowmanville, west of Green Road and south of Baseline Road. (Attachment 1). The property is contained within Part Lot 17, Broken Front Concession, and is known municipally as 922 Green Road. 2.0 BACKGROUND 2.1 On June 24, 2008 the applicant submitted a partial application for rezoning on the subject property. On July 10, 2008 the owner submitted the remaining necessary studies and fees to the Municipality of Clarington to rezone the subject lot. The application was deemed complete on July 22, 2008. 2.2 The Owner/Applicant has previously submitted official plan amendment and rezoning applications in 2007 to develop the property residentially with a mix of low and medium density dwelling units. The Growth Plan for the Greater Golden Horseshoe 2006 prohibits the conversion of employment lands to residential uses except through a municipal comprehensive Official Plan review. At that time Clarington was not undertaking its Official Plan Review process and the applicant did not wish to wait. The applications submitted were not complete, and after several meetings with the Municipality and the Region of Durham, the Owner withdrew the official plan amendment and re-submitted the rezoning application to be in conformity with the current Clarington Official Plan. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 Currently the site is vacant and has been used for agricultural crops. The Darlington Creek area is the western boundary for the proposed development. The Owner, 896443 Ontario Limited, is also the owner of the lands located on the west side of the Darlington Creek, extending to the western urban area boundary of Bowmanville and designated as "Environmental Protection Area". The Owner is contemplating residential REPORT NO.: PSD-096-08 PAGE 3 uses in the future for the west side of the Darlington Creek, but that is not part of the current rezoning application. 3.2 The property contains steep slopes that will require significant engineering and grading to become useable. There is a grading separation of approximately 20 metres between the northerly abutting property and the flatter agricultural portion of the subject property. The steeper slopes are bush covered as they are unusable for agricultural purposes. The creek valley is densely treed and drops approximately another 5 metres to the valley bottom. 3.3 Surrounding Uses North: single detached dwellings, Baseline Road, future draft approved plan of subdivision South: single detached dwelling, agricultural East: Municipal recreational complex -Bowmanville Indoor Soccer/Lacrosse Bowl West: Rural residential 4.0 PROVINCIAL POLICIES 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 lands designated Prestige Employment Area in the Clarington Official Plan. There shall be no conversion of employment areas to non-employment uses, except through a comprehensive review, and then only where it has been demonstrated that there is a need for the conversion. 4.2 Growth Plan The Growth Plan states that municipalities shall promote and provide for economic development by providing for employment uses. These lands have been designated for industrial development since being included in the Bowmanville Urban Area in 1996. To date they have been used for agricultural uses and industrial development has not occurred. The Growth Plan states that Greenfield development shall plan for an ultimate minimum density target of not less than 50 residents and jobs combined per hectare. The applicant has not provided any information on how this will be achieved. There is a commercial component to this application, a restaurant (310 mz), a coffee shop (320 m2), and bank (610 m2) and an ancillary commercial building (1170 m2). There is no specific use for the ancillary commercial building. The Growth Plan states that major retail uses are considered non-employment uses, and thus not permitted on employment lands. Further discussion is required on the commercial component of this application. REPORT NO.: PSD-096-08 5.0 OFFICIAL PLANS 5.1 Durham Regional Officpal Plan PAGE 4 The Durham Regional Official .Plan designates the land "Employment Areas". Lands designated Employment Areas permit the 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 Clarington Official Plan. The Clarington Official Plan designates the land "Prestige Employment Area" and "Environmental Protection Area". The Prestige Employment policies allow for professional, corporate and office buildings, data processing centres, research and development facilities, commercial or technical schools, and light industrial uses within enclosed buildings. Provided they are limited in scale, certain commercial, community or recreational uses, including banks, restaurants, athletic clubs, banquet facilities and fraternal organizations are permitted. Additionally hotels and trade and convention centres may be permitted by site specific zoning amendment. Office development shall not exceed a floor space index of 1.0 to protect Central Areas. Further discussion on the "ancillary commercial building" will be required to determine conformity. The site has frontage on Baseline Road, which is designated a Type 'A' Arterial Road and on Green Road which is a local road. New access to a Type 'A' Arterial Road is limited to one every 200 metres within urban areas. The applicant is proposing a new access to Baseline Road. There is also a proposed access to the site from Green Road. The Environmental Protection Area is associated with the Darlington Creek and its valley which bisects the property. An Environmental Impact Study is required. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 as amended, zones the subject land "Agricultural (A)" and "Environmental Protection (EP)". The applicant has applied to rezone the "A" portion of the lands to permit the development of a prestige employment area containing approximately 4,585 m2 of industrial floor area, a restaurant, a coffee shop, a bank, a 1,170 m2 ancillary commercial building, and a 5 storey, 100 room, hotel with a conference centre. REPORT NO.: PSD-096-08 PAGE 5 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Prestige Emplovment Rezoning Justification Report This report concludes that the application is in conformity with the Provincial Policy Statements, the Growth Plan, the Regional Official Plan and the Clarington Official Plan. Both Official Plans designate the lands "Employment Areas" and "Prestige Employment Area" respectively. Staff would concur that the industrial component of the application would conform. However, the report does not justify or explain the inclusion of the large commercial component of this rezoning application. Although the Clarington Official Plan Prestige Employment Area designation does permit limited retail uses such as banks and restaurants, they are only permitted on a limited scale and to provide services to employees of an Employment Area. The report does not indicate what uses are contemplated for the commercial building beyond the restaurant, coffee shop and bank, and how the uses would serve the industrial area in conformity with the Official Plan policies. 7.2 Community Impact Analysis This report analyzed the impact of converting the lands on the east side of the Darlington Creek from agricultural lands to prestige employment lands. As such, the report should include a review of the physical changes required to modify the property for its proposed use, noise, traffic volumes, impact on adjacent roads including necessary upgrades (rural to urban standards, turning lanes etc), and the ability of the Municipality to absorb additional retail floor space. The report contains none of the above information. It does detail the impact of the absorption of the employment lands and finds it to be negligible as the site is only 8.8 ha and the proposal only seeks to develop approximately 60% of the site or about 5 ha of land. Further work by the applicant is required on this Community Impact Analysis. 7.3 Detailed Servicing Report A Detailed Servicing Report was completed by D.G. Biddle & Associates Limited in June 2008. The -report addresses sanitary sewers, water distribution, storm drainage and the road network in conceptual form. The site contains a portion of a drumlin which splits the property's drainage 1/3 to the east to the Westside Creek and the remainder to the west to the Darlington Creek. The report proposes to bring sanitary service to the east side of the property from Green Road, by crossing municipal property known as the Bowmanville Community Park. This concept has not been reviewed in detail or endorsed by the Municipality of Clarington at this time. Water service will be from existing watermains located on Baseline Road at Green Road, which were installed with the Baseline Road re-construction. These existing watermains will be extended southward along Green Road to service the subject site. REPORT NO.: PSD-096-08 PAGE 6 Stormwater drainage will be accommodated through the site grading and the installation of paved parking areas, paved roadways and a below grade storm sewer ,network. Ultimately, there will be an outlet to Darlington Creek. Although the report addressed sanitary service, water service and stormwater drainage for additional lands owned by the applicant to the west of Darlington Creek, the lands are not part of this application. The report proposes a berm to be constructed across the Darlington Creek for the purpose of running services to service possible future development on the west side of the Darlington Creek, inside the urban area boundary. At this time those lands are designated Environmental Protection Area in their entirety, so Staff do not endorse the future servicing of those lands as part of this application. 7.4 Traffic Study. Javar Consultants Inc., June 17, 2008 The Traffic Study concludes that up to two accesses may be accommodated. on Baseline Road. However, it also correctly refers to the Official Plan policy, which permits one private access every 200 metres of road for a Type "A" Arterial Road. Currently the site has approximately 45 metres of frontage on Baseline Road, not within the existing Ehvironmental Protection Zone surrounding Darlington Creek. Given the entrance to the residence at 974 Baseline Road immediately adjacent to this property, and the Environmental Impact Study pending to determine the actual limits of the "EP" zone, any entrance from the subject site to Baseline Road will require further review by the Municipality of Clarington. The Study refers to a "concept plan" submitted by Commercial Focus Advisory Services which was used as a comparison for the actual rezoning application submitted to the Municipality. A copy of the "concept plan" is not included in the Traffic Study. Staff have several concerns with the Traffic Study, including the basis of the zoning rights used in the study. Clarington Engineering Services requested a review of the Traffic Study by Totten Sims Hubicki. Their review concluded that it appears the basic assumptions in the study are correct, but further work is needed to ensure that number and location of site access driveways is appropriate on Baseline Road and Green Road, that adequate site lines at the proposed accesses will provide safe sight distances for turns to and from the site, and whether access limitations are required, such as right in, right out limitations. The further work required would be appropriate at the site plan approval stage when more information is available about the design and operation of the site is known. 7.5 Phase 1 Site Assessment, Construction Control Inc.. 2006 A Phase 1 Site Assessment was conducted in June 2006 by Construction Control Inc. and was submitted as part of the application package. The purpose of the Phase 1 was to determine the potential for contamination at the subject site which could pose a hazard to users of the site or the surrounding environment. The Phase 1 Site Assessment consisted of a historical review of the past uses of the site and adjacent REPORT NO.: PSD-096-08 PAGE 7 lands, and a visual inspection of the site for visual or olfactory evidence of contamination. The Assessment determined the site previously contained a farm building, which has been demolished. It appears some rubble may have been left at the site, but it is anticipated to be minimal and should pose no significant adverse effect. The surrounding lands appear to have been used for agricultural and/or rural residential purposes. There was no visible indications of chemical spillage, contamination, or of below ground fuel storage tanks. At the writing of the report in 2006, it is noted a response from the Ontario Ministry of the Environment (MOE) had not been received. The request for the information was included in the documentation, but no response from the Ministry. Staff have requested this further information from the applicant. 7.6 Stage 1-3 Archaeological Assessment An archaeological assessment was carried out by Archaeological Assessments Ltd. in July 2008. The study comprised three stages. Stage 1 reviewed existing data for other previous artifact finds within a 2 kilometre radius, reviewed all published and unpublished known reports and reviewed the Archaeological Sites Database of the Ontario Ministry of Culture. This site does not contain any previously registered archaeological sites. Stage 2 was a field assessment conducted on June 12, 2008. The property was test- pitted at 5 metre intervals by shovel. Two areas of disturbance were noted and are attributed to the existence of a former laneway and the existence of a former barn. An artifact was discovered and has been registered as the Hedley site (AIGq-89). The site is located in the north eastern portion of the property. A single Onondaga chert biface thinning flake was recovered from a test pit at this location. A Stage 3 excavation was then carried out at the site on June 23, 2008, which entailed the excavation of six, one metre deep test pits at 5 metre intervals. No further artifacts were discovered and the chipped stone is attributed to an isolated findspot or a temporary camp occupied by a single person or small group of people. This find does not represent a significant archaeological resource. It was recommended that no further investigations be carried out at this site. 7.7 Environmental Impact Study The applicant submitted a Terms of Reference, as required by the Municipality, resulting from preconsultation meetings. However, the Terms of Reference required work by the Municipality prior to forwarding it to Central Lake Ontario Conservation Authority for review, and then to a consultant for a proposal submission. The Environmental Impact Study will be undertaken by Aquafor Beech. This Study will commence this fall and will focus on the following features: a warm water stream, a significant valley land and a wetland. REPORT NO.: PSD-096-08 PAGE 8 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Also two (2) public meeting notice signs were installed on the property along the Green Road and Baseline Road frontages. 8.2 A number of inquiries have been received regarding this application. The inquiries have been regarding the size of the land parcel, the precise location of the subject property, the proximity of the subject property to the urban area boundary, impact on property values, what buffers are proposed for the industrial development and could the industrial component of the site be located to the south and the commercial component front on Baseline Road. 8.3 There has been one objection to the application. The neighbouring property owner is objecting due to the negative impacts on his property. The proposed 5-storey hotel will block the view to the south, and the proposed entrance on Baseline Road will create a traffic hazard. The property owner states that speed is already a concern on Baseline Road entering Bowmanville and there will be no clear view to the east from the proposed entrance. 8.4 There has also been one concern raised regarding the mailing addresses for correspondence from the Municipality. Staff have taken steps to have the mailing addresses updated. The Municipality uses the most current assessment information available to generate the mailing list for new applications. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Central Lake Ontario Conservation Authority, Hydro One Networks Inc., Rogers Communications, Enbridge Gas and Bell Canada. These comments have been forwarded to the applicant for review. 9.2 There were no objections from Hydro One Networks Inc., Rogers Communications, and Enbridge Gas. Bell Canada also had no objection, but did provide conditions for future site plan applications on the site. 9.3 Central Lake Ontario Gonservation Authority reviewed the application and advises that a portion of the property contains a wetland, identified through the Ecological Land Classification System. The EIS to be conducted by the Municipality of Caarington includes identifying any potential impacts to this feature. There are also hazard lands on the property in association with the flood plain of the Darlington Creek. Based on the drawings submitted by the applicant's engineer, the hazard lands would be defined as a 6 metre setback from the existing stable top of bank. However, there is potential for a greater setback to be defined through the EIS as there is a wetland feature associated with the creek and valley system. REPORT NO.: PSD-096-08 PAGE 9 CLOC staff find that cpnceptually there is possibility for portions of this property to be developed; however, tthey do not support this application at this time. Until such time as the EIS has been completed, and thus the development fully assessed and an area to be rezoned delineated; positive comments cannot be provided. 9.4 Clarington Engineering Services have reviewed the application and the following is a summary of their comments: 1) Green Road has recently been asphalt overlaid to a temporary rural standard and Baseline Road fronting the subject parcel has been reconstructed largely to a rural standard. Thus, actual development of the subject lands is premature until such time as the surrounding road network has been reconstructed to a full urban standard including curbs, sidewalks, illumination, storm sewers etc. in a manner that can support urban development and that is .satisfactory to the Director of Engineering Services. No development can proceed until the Municipality has approved the expenditure of the funds for the reconstruction of Green Road south of Baseline Road. These works are not in the current budget forecast. 2) The applicant has submitted a Detailed Servicing Report in support of this application.. The Report indicates that a new trunk sanitary sewer must be constructed on lands owned by the Corporation of the Municipality of Clarington. These lands are located on the east side of Green Road. Staff are not aware of any discussion regarding the proposed sanitary sewer easement on the recreational facility. The suitability of this aspect of the servicing scheme will be subject to further review and discussion. 3) Baseline Road is a Type "A" Arterial and a minimum road allowance width of 36.0 metres is required. The existing road allowance fronting the subject lands is irregular and deficient in width. Thus a road widening, to accommodate the ultimate width, horizontal alignment and vertical alignment of Baseline Road must be dedicated to the Municipality. 4) All plans show a berm to be constructed across Darlington Creek with a 2000 mm culvert through the berm. The purpose of this berm is unclear and the suitability of its construction will be subject to further discussion and the EIS. 9.5 Durham Region Planning Department has no objections to this application and offers the following comments: Portions of the site are identified within areas of "Key Natural Heritage and Hydrological Features". Development is not permitted within these "Features" and the Regional Plan indicates that a vegetative protection buffer zone shall be determined through an environmental impact study (EIS). The EIS shall be conducted to identify potential impacts and mitigating measures. The Justification Report submitted in support of the application indicated appropriate buffers were delineated but did not provide further detail. The Region found that the application generally met the PPS, providing the EIS provides protection for the natural features and their ecological functions. The PPS also contains policy direction on employment areas, including the protection and preservation of employment lands far future employment uses. REPORT NO.: PSD-098-08 PAGE 10 The Region states that the subject lands are within the "Designated Greenfield Area" of the Growth Plan. The Growth Plan includes a minimum density target of not less than 50 residents and jobs combined per hectare, to be measured over the entire "Designated Greenfield Area". The intensification targets for the Municipality of Clarington will be determined through the Growth Plan Implementation Study, which is undervvay to bring the Regional Official Plan into conformity with the Growth Plan. The Region notes the applicant is proposing an access to Baseline Road, a Type "A" Arterial. This proposed access does not conform to the minimum access requirements stipulated within the Regional Official Plan. However, if the applicant conducts a specific study which demonstrates why the Region's access provisions are impractical in this instance, the Region may permit a deviation and allow the access. 9.6 The Regional Works Department will require the developer to extend a 300 mm watermain on Green Road from Baseline Road to the south limit of the subject site. The existing sanitary sewers are presently located on Baseline Road, approximately 350 metres east of Green Road. The developer will be required to acquire a minimum 9.0 metre easement cutting across the Municipality of Clarington's park lands and install minimum size 200 mm sanitary sewer, from the existing sanitary sewer on Baseline Road, through the easement to Green Road. All costs shall be borne by the developer. The Region shall not approve the servicing of the subject lands until written confirmation/approval from the Municipality of Clarington is received regarding the servicing scheme and applicable easement documents. All comments received to date have been forwarded to the OwnedApplicant for review and discussion. 10.0 STAFF COMMENTS 10.1 The applicant has requested to develop approximately 4,585 m2 of industrial floor area, 2410 mZ of commercial floor area, consisting of a restaurant, a coffee shop, a bank, and an ancillary commercial building, and approximately 2390 m2 in a 5 storey, 100-room hotel with a conference centre. 10.2 The commercial component of this application specifically consists of the following: Coffee Sho 320 m Restaurant 310 m Free Standin Bank 610 m Ancilla Commercial Buildin 1170 m The Clarington Official Plan permits some commercial uses in Prestige Employment Areas, provided they are limited in scale and provide services to employees of the Employment Area. Staff find the concept of a coffee shop, restaurant and free standing bank to be in conformity with the Official Plan. REPORT NO.: PSD-096-08 PAGE 11 It is not clear how the .ancillary commercial building conforms to the Official Plan. The sale of goods manufactured or assembled on the premises of an industrial building is permitted provided it does not exceed 20% of the total gross building area. This building does not appear to contain any industrial uses, and by its location, is part of the commercial area of the site. This will need to be reviewed further with the applicant. 10.3 The steep slopes on the site make parts of it very difficult to develop for industrial purposes. The concept plan as proposed may have to be revised considerably as these issues are reviewed in more detail. 11.0 RECOMMENDATION 11.1 In consideration of the issues raised and the agency comments not. received at the writing of this report, and that the purpose of this meeting is to fulfill the Planning Act. requirements for a Public Meeting, it is recommended that the application continued to be reviewed by staff. Attachments: Attachment 1 -Key Map Interested parties to be notified of Council and Committee's decision: Commercial Focus Advisory Services Inc. 896443 Ontario Limited Bill Colville Hazel Forsey Patricia MacDonald Elizabeth and Maurice Courneyea Laurel McRoberts John Colville Attachment 1 To Report PSD-096-08 d t ~~t '~ A ~~ - - d Y ~ y~ ~~ Y~ m ~ 8 J F~ J '[}I •-J ,L ~ Jr {]3 g S j° ~ C O I J . l 11 l . U ,~ a ~ ~ p d 'C ~G ~, Q C g o ~ p a ~ ~V021 N33t19 ~ ~ 0 N J M v J ~ ~ ~ m m 01 ~ N ~ ~ ~ o. '~ d a` N ~ avow rv33a~ o~N ~3b~ L! ONY 9[_510] N33ML3B J9NYF10]]Y O_YOd'_ _ m --_- _ - -s.ir~o-+~~mro m ---_ a.o _- ----- 3~ ~ - $ S 6 ~ d ~ - ~ ~ 1. ~ ag 4 ~ _ 3 Ea ~ @ __ __ d I ~, r / ~ y 2 I __ - __ _ __ i j ~ / „. 9 y ! n ~ ~ I I ~ ~ ~ I r- 3 Q g 4 I ~~ - Q ~ m I o 0 0 ~ 2 _ - , ~ -~ / 2 /~~ ~ _. W _ _ ~ v v v I C I _1 ~ ~ ~ ~ ~ I e I ~ 5y .. i &€~~' v ~ ~~ ~ ~ / -y ~ ~ ~ ~ y ~ W 3 = la s ~ ~ a o i ~~ i ~~ /~a _ A ~ 3 L 0` I ] N~~ ~ sear ~__~ ~~ I I x ' S „r.,.