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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: November 12, 2019 Report Number: PSD-050-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO Resolution#: PD-185-19, C-408-19
File Number: ZBA2019-0016 By-law Number: 2019-064
Report Subject: Proposed Rezoning to permit East Penn development of 1840 Energy
Drive, Courtice
Recommendations:
1. That Report PSD-050-19 be received;
2. That the By-law attached to Report PSD-050-19, as Attachment 1, be approved;
3. That once all conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, a By-law authorizing the removal of
the (H) Holding Symbol be approved by Council;
4. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of
Report PSD-050-19 and Council's decision; and
5. That all interested parties listed in Report PSD-050-19, and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD-050-19
Report Overview
This is a recommendation report regarding a rezoning application that has the effect of
permitting a significant industrial development in Clarington's Energy Business Park in
Courtice.
Page 2
The lands are owned by East Penn Canada Power Battery Sales Ltd. The proposed
amendment to zoning regulations will facilitate the development of their warehouse,
distribution centre and national head office in Clarington. The first phase of development is
for 15,330 square metres of industrial warehouse, 2,950 square metres of office space, with
a future second phase of warehouse space having an area of 13,935 square metres.
1. Application Details
1.1. Owner/Applicant: East Penn Canada Power Battery Sales Ltd.
1.2. Agent: D.G. Biddle & Associates Limited
1.3. Proposal: Proposed amendment to regulations in the Energy Park Prestige
Exception (M02-1) Zone
1.4. Area: 9.85 hectares (24.35 acres)
1.5. Location: 1840 Energy Drive, Courtice
Part of Lot 27, Broken Front Concession
Former Township of Darlington
1.6. Roll Number: 1817 010 050 008900
1.7. Within Built Boundary: Yes
2. Background
2.1. On September 13, 2019, East Penn submitted an application to amend the Zoning By-
law. The purpose of the rezoning is to amend the setback regulations in the existing
Energy Park Prestige Exception (M02-1) Zone. The effect would be to allow for the
consolidation of the East Penn battery warehouse and head office (currently located in
Ajax and Pickering) to the Energy Drive site. (See Figure 1: Key Map).
Municipality of Clarington
Report PSD-050-19
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2.2. The business involves battery post -production, distribution and recycling. The office
component will serve as the national headquarters of East Penn. The total building floor
space proposed for the site including all phases totals 32,215 square metres (close to
350,000 square feet). The company has 17 warehouse facilities across Canada.
Municipality of Clarington
Report PSD-050-19
2.3. The applicant has submitted the following studies and reports in support of the
development. These will be reviewed under Section 7 of this report:
• Planning Opinion Letter
• Functional Servicing and Stormwater Management Report
• Traffic Impact Study
• Phase I and II Environmental Site Assessment
3. Land Characteristics and Surrounding Uses
Page 4
3.1. The subject lands are currently vacant of buildings or structures. The lands were
previously the location of Manheim's Auto Auction and used for parking and storage of
off -lease cars until approximately 2010.
3.2. The site is relatively flat and drains west to an existing watercourse and stormwater
pond at the western edge of the site. There is a berm located along the south end of
the site adjacent to Energy Drive.
Figure 2: View of Site towards Southeast
3.3. The surrounding uses are as follows:
North - Megawatt Drive, realigned Highway 401
South - Existing Energy from Waste facility and OPG's Durham Energy Complex
East - Vacant Industrial Lands owned by Ontario Power Generation
West - Vacant Industrial Lands owned by the Region of Durham
Municipality of Clarington
Report PSD-050-19
4. Provincial Policy
Provincial Policy Statement
Page 5
4.1. Settlement areas are the focus of growth and development. Appropriate land uses are
based on efficient use of land, resources and infrastructure.
4.2. Economic development and competitiveness is supported by an appropriate mix and
range of employment uses. Municipalities are to provide opportunities for a diversified
economic base, including maintaining a range and choice of suitable sites for
employment uses. The necessary infrastructure to support current and projected needs
shall be provided. Employment areas in proximity to major goods movement facilities
and corridors for employment uses that require such locations shall be protected.
4.3. Natural features shall be protected and appropriate stormwater management facilities
must be provided.
4.4. The proposed amendments are consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.5. Forecasted growth is directed to settlement areas on full municipal services. Complete
communities offer, and support opportunities for all people to access an appropriate mix
of jobs, local store and services, housing, transportation and public service facilities.
4.6. Economic development and competitiveness in the Greater Golden Horseshoe is
supported by making more efficient use of vacant and underutilized employment lands
and increasing employment densities. Transit connections should be planned and
provided to major employment areas. Municipalities may identify and protect prime
employment areas along major goods movement facilities and corridors, including major
highway interchanges.
4.7. Transportation policies of the Growth Plan support planning for multimodal access to all
land uses including employment areas. Municipalities will provide for priority routes for
goods movement to facilitate the movement of goods into and out of employment areas,
and provide alternate routes connecting to the provincial network.
4.8. Detailed storm water management plans must be completed and must be informed by a
subwatershed plan or equivalent, incorporate integrated treatment including low impact
development techniques and green infrastructure utilizing site specific planning, design
and construction practices to minimize environmental impacts.
4.9. The proposed amendment conforms to the direction of the Growth Plan for the Greater
Golden Horseshoe and will contribute to employment generation in the designated Built-
up area.
Municipality of Clarington
Report PSD-050-19
5. Official Plans
Durham Regional Official Plan
Page 6
5.1. The Durham Region Official Plan designates the lands as "Employment Area".
Employment Areas are intended to accommodate uses that may require access to the
highway, rail and/or shipping facilities, separation from sensitive uses, or may benefit
from locating close to similar uses. Uses permitted in this area may include
manufacturing, assembly, and processing of goods, service industries, research and
development industries, and warehousing.
5.2. The subject zoning by-law amendment conforms to the Regional Official Plan.
Clarington Official Plan
5.3. The Clarington Official Plan designates the subject lands Business Park.
5.4. A small area of land is identified as part of the natural heritage system. This area is
associated with a small tributary of Tooley Creek.
5.5. Business Parks have prime exposure along Highway 401 and major arterial roads.
Development within Business Parks is intended for employment uses exhibiting the
highest standard of building design and landscaping in order to provide an attractive
appearance that reflects or takes advantage of such high visibility. Goals, objectives
and policies applicable to Business Parks shall be set out in Secondary Plans.
5.6. A minimum density target of 30 jobs per gross hectare is required adjacent to the
Highway 401 Corridor.
Clarington Energy Business Park Secondary Plan
5.7. The Secondary Plan designates the subject lands a mix of Prestige Employment
Corridor along the north half of the site and Light Industrial 1 over the south half of the
site.
5.8. The intent of the Energy Business Park policies is to promote growth in the energy and
environment sectors of the regional economy and to create an energy cluster.
5.9. The Prestige Employment Corridor designation permits business office; research and
development facilities; university and college facilities; manufacturing, assembling and
fabricating facilities; warehousing (ancillary to the uses listed above) and commercial or
technical schools.
5.10. The Light Industrial 1 designation permits business office; research and development
facilities; manufacturing, assembling and fabricating facilities; industrial processing of
waste materials, and warehousing (ancillary to the uses listed above).
Municipality of Clarington Page 7
Report PSD-050-19
5.11. The Secondary Plan provides a host of urban design standards with respect to
streetscaping, site layout and design, landscaping strips and location of parking and
loading areas.
5.12. The proposed amendment to zoning regulations conforms to the Secondary Plan
direction. The plan policies, including urban design directives, will be further
implemented at the site plan stage.
6. Zoning By-law
6.1. Zoning By-law 84-63 zones the subject lands Energy Park Prestige Exception (MO2-1)
Zone. The MO2-1 Zone permits the proposed energy -related and office space while the
exception allowed for an automotive auction facility. The zone regulations stipulate a
minimum and maximum yard setback to all street lines. The applicant proposes to
amend the setback regulations to allow the development on the site with one large
building.
7. Summary of Background Studies
Planning Opinion Letter
7.1. The Planning Opinion letter reviews the development in the context of the Durham
Regional Official Plan, the Clarington Official Plan and the Clarington Energy Park
Secondary Plan.
7.2. The proposed uses for the site conform to the Secondary Plan. The orientation of the
building will be along Energy Drive, with loading areas to the north. Screening, berming
and landscaping will address views from Highway 401.
7.3. The report acknowledges that the Secondary Plan and existing Zoning may have
contemplated the development of several smaller parcels and buildings versus one
large development. The requested rezoning will tailor the zoning to the proposed
massing and scale of the development.
7.4. Building materials, urban design elements and landscaping are intended to reflect the
prestige designation as it relates to high visibility along Energy Drive and Highway 401,
and appropriate screening of loading and service areas.
7.5. Due to the size and operation requirements of the proposed uses, the Zoning By-law
setbacks cannot be adhered to, triggering the need for the amendment to yard setbacks
adjacent to the public streets. The consultant provided a draft zoning by-law
amendment for consideration.
Municipality of Clarington
Report PSD-050-19
Functional Servicing Report
Page 8
7.6. The study and preliminary servicing drawing demonstrates the site can be serviced by
existing water and sanitary sewers and connections that exist at the south property limit
along Energy Drive.
7.7. Stormwater management will be addressed on -site in accordance with the Clarington
Energy Business Park Master Drainage Plan (AECOM, March 2011). Two private
stormwater management ponds are proposed — one to the north of the warehouse, and
one along the westerly edge of the property. The ponds will be designed to address
water quantity and water quality. An infiltration gallery proposed along the east limit of
the building will be designed to accept all water collected on the roof top of the
development.
7.8. The report also provides recommendations on sediment and erosion controls to be
implemented during the construction phase.
Traffic Impact Study
7.9. The Traffic Impact Study finds that the road network and intersections proximate to the
site will continue to operate within acceptable levels of service. However the study does
identify left turning movements at Courtice Road ramps associated with Highway 401
that are forecasted to operate at a poor level of service. The turning movements would
be improved by signalization.
7.10. The report identifies that the area is in transition because of construction related to
Highway 418 and should be monitored as traffic patterns stabilize.
7.11. The report identifies that while the local road network of Energy Drive, Osborne Road
and Megawatt Drive can accommodate the proposed development that the broader
issue of turning movements at the Courtice Road ramps will require review and
recommendations as part of the overall Secondary Plan review and transportation
planning for the neighbourhood.
7.12. The study also recommends implementing strategies such as transit connections and
active transportation linkages as alternatives to vehicular access to the site.
Phase I and II Environmental Site Assessment
7.13. Both a Phase I and a Phase II Environmental Site Assessment were completed in
accordance with the Ministry of Environment, Conservation and Parks guidelines, and
the Region of Durham's Site Contamination Protocol. From the soil and water sample
testing, no exceedances were noted by the Qualified Person. Since the proposed
development is not considered a sensitive use, no further study is recommended.
The site is cleared for development from a soil and water contamination perspective.
Municipality of Clarington
Report PSD-050-19
8. Public Submissions
Page 9
8.1. A notice of the Public Meeting was mailed on October 1, 2019. Three public meeting
signs were posted on the subject property. The Notice was posted on the municipal
website, in social media platforms and in the Clarington E-update.
8.2. At the public meeting held on October 22, 2019, no area land owners or residents spoke
in favour or in opposition to the application.
8.3. At the time of writing this report, no area land owners or residents have contacted staff
regarding the proposal.
9. Agency Comments
Regional Municipality of Durham
9.1. Regional Planning provided informal comments advising they have no objections to the
rezoning subject to clearance of Regional interests such as: the Region's Site
Contamination Protocol, Archaeology and Regional Works requirements as part of a
Holding Provision on the site and/or as part of the future site plan approval process.
Central Lake Ontario Conservation Authority
9.2. The Central Lake Ontario Conservation Authority has no objections to the zoning by-law
amendment. The Engineering drawing and functional servicing report are under review
and will be finalized as part of the site plan application.
Ministry of Transportation
9.3. The Ministry of Transportation has no objections to the rezoning.
servicing report and traffic impact study are under review and will
the site plan application.
Durham Regional Police Communications
9.4. The Communications Department of DRPS has no objections.
10. Departmental Comments
Engineering Services
The functional
be finalized as part of
10.1. Engineering Services has no objection to the rezoning. Functional servicing and grading
plans for the site are satisfactory and may be refined during the site plan approval
stage.
Municipality of Clarington
Report PSD-050-19
Page 10
10.2. Standard comments with respect to financial requirements, boulevard works, entrance
construction, road occupancy and site alteration will be forwarded to the applicant and
to be address at the site plan stage.
10.3. A cash -in -lieu of parkland payment will be required as a condition of site plan approval.
Building Division
10.4. The Building Division provided no comments or objections to the rezoning.
Emergency and Fire Services
10.5. Emergency and Fire Services does not object to the rezoning and provided comments
relating to requirements for fire hydrant connections to be reflected on the site plan
submission.
Accessibility Committee
10.6. The Committee provided guidance on site design to provide for accessible parking;
barrier -free path of travel throughout the site; and accessible outdoor amenity space for
employees. The Committee will continue to be circulated during the site plan process.
11. Discussion
11.1. The proposed energy -related use is permitted by the Official Plan, the Clarington
Energy Park Secondary Plan and the Zoning By-law, as amended.
11.2. The existing Zoning By-law for the Energy Park was approved in 2006. At the time the
by-law was drafted to implement the Clarington Energy Park Secondary Plan. A site -
specific zone was created for this parcel to recognize the existing Manheim Auto
Auction facility.
11.3. The Secondary Plan contemplated, at that time, the site being split into smaller parcels
fronting on Energy Drive, Osborne Road and along Megawatt Drive.
11.4. The north half of the site is designated as a Prestige Employment Corridor, while the
southern half of the site is designated as Light Industrial 1 in the Secondary Plan. The
permitted employment uses in both designations are very similar and include office,
research and development, manufacturing, fabricated and assembly uses and
warehousing ancillary to office uses. The Prestige Employment Corridor differs slightly
allowing for additional uses such as post -secondary uses and commercial/technical
schools. The Prestige Employment Corridor policies highlight the high degree of
visibility from Highway 401. Development should take advantage of these views,
however any service or loading areas should be appropriately screened.
Municipality of Clarington
Report PSD-050-19
Page 11
11.5. Zoning regulations were drafted when the ultimate end -user of the site was not known
and did not contemplate the entire property would redevelop with one large use. Rather
it contemplated multiple buildings and uses on a subdivided site.
11.6. The developable area of the parcel has been impacted by construction along Highway
401 and works related to the Highway 418 interchange. Land previously owned by
Manheim's was acquired by the Ministry of Transportation to facilitate road realignment.
South Service Road (now Megawatt Drive) has been relocated by the Ministry of
Transportation south between 65 and 95 metres.
11.7. The proposed East Penn relocation and this rezoning is an opportunity to revisit zone
regulations and the relationship between the building and Energy Drive and Osborne
Road and its visibility to Highway 401, while addressing the Secondary Plan policies.
11.8. During review of the preliminary site plan, it is apparent that adjustments to minimum
and maximum setbacks are required. The recommended revisions to the Zoning By-law
are summarized in Table 1 below:
Table 1: Proposed Revisions to the MO2-1 Zone
Regulation
Required
Proposed Regulation contained
in Attachment 1
Setback to Energy Drive
Minimum 28 metres
10% of Street Fagade shall be
Maximum 31 metres
between 6 and 20 metres (Office)
with 4 metre Landscape Strip
35% of the Street Fagade shall be
between 20 and 35 metres
(Warehouse) with a 6 metre
Landscape Strip
Setback to Osborne
Minimum 4 metres
45% of the Street Fagade shall be
Road
Maximum 8 metres
between 8 and 10 metres with a 4
metre Landscape Strip
Setback to Megawatt
Minimum 28 metres
Minimum 25 metre setback with a
Drive
Maximum 31 metres
6 metre Landscape Strip
11.9. The Traffic Impact Study indicates that the ramps at Courtice Road and Highway 401
operate at a reduced level of service. Transportation planning for the area includes the
future installation of 3 sets of signals (scheduled to be completed by the end of 2019) at:
the Courtice ramps on the north side of the 401; the ramps on the south side of
Highway 401, and again where Courtice Road meets Energy Drive and Megawatt Drive.
Engineering Staff have no objection to the rezoning as supported by the Traffic Impact
Study and the development will have no significant impact to the level of service on area
roads, as upgraded.
11.10. To address the policies of the Secondary Plan, the following design considerations,
beyond zoning regulations, must be addressed by East Penn and their consulting team:
Municipality of Clarington
Report PSD-050-19
Page 12
11.10.1. Treatment at the corner of Energy Drive and Osborne Road — building
must be designed with emphasis at the intersection, including landscape design
elements. Applicant to consider incorporating public art into the design.
11.10.2. Building design and treatment along streets to ensure high quality
architecture and building materials within the public realm. Accessible entrances
via the public right-of-way.
11.10.3. Sustainability and energy efficient elements to be encouraged and
highlighted during site and building design.
11.10.4. Active transportation pathways through the site with connections to the
broader neighbourhood.
11.10.5. Treatment along Megawatt Drive to be sensitive to the site's high visibility
along Highway 401. Berming and landscaping to be installed to screen loading and
services areas up to the first storey. Structures and signage visible above the first
storey to be upgraded given the site's location along the Prestige Employment
Corridor.
11.11. The proposed Zoning By-law Amendment will also include a Holding (H) Symbol to the
amended MO2-1 Zone and staff will withhold the recommendation to lift the Holding (H)
Symbol until all site plan matters are addressed, including the Region's sign off on any
areas of archaeological potential and the Environmental Site Assessment findings.
12. Concurrence
Not Applicable.
13. Conclusion
In consideration of all comments received to date, it is respectfully recommended that
the application by East Penn to amend the regulations in the MO2-1 Zone be approved.
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott(a)_clarington.net.
Attachment:
Attachment 1 - Proposed Zoning By-law Amendment
The following interested parties will be notified of Council's decision:
Jim and Mike Bouchard, East Penn Canada
John Papanicolaou, East Penn Canada
Michael Fry, D.G. Biddle & Associates Ltd.
Michael Carswell, D.G. Biddle & Associates Ltd.
Attachment 1 to Report PSD-050-19
Corporation of the Municipality of Clarington
By-law Number 2019-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2019-0016;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1 Section 23B.4.1 is hereby by deleted and replaced with the following:
"23B.4.1 Energy Park Prestige Exception (MO2-1) Zone
Notwithstanding the provisions of 23B.3 c., g., h. and j., those lands zoned
"MO2-1" on the Schedules to this By-law are subject to the following provisions:
a. Yard Requirements
i) Adjacent to Energy Drive
a) Minimum
(i) To business or professional office 6 metres
(ii) To energy -related use 20 metres
b) Maximum
(i) To business or professional office 20 metres
(ii) To energy -related use 35 metres
ii) Adjacent to Osborne Road (Front Yard)
a) Minimum 8 metres
b) Maximum 10 metres
iii) Adjacent to Megawatt Drive
a) Minimum 25 metres
b. Landscaping Strip Width (minimum)
i) Along Energy Drive 4 metres in front of office;
6 metres in front of warehouse and parking
ii) Along Osborne Road 4 metres
iii) Along Megawatt 6 metres
C. Street Fagade
Energy Drive A minimum of 10% of the street fagade
shall be occupied by the energy -related
business/administrative office;
A maximum of 35% of the street fagade
may occupied by any other permitted use, provided
that the total building fagade shall be no less than 45%
of the lot frontage.
Osborne Road A minimum of 45% of the street fagade
shall be occupied by any permitted use
Megawatt Drive Not applicable
d. Parking Location on the lot
Parking areas shall not be permitted to locate closer to the street line than
the nearest wall of the building fagade parallel to Energy Drive or Osborne
Road.
e. Screening
A berm having a minimum width of 10 metres, and a minimum height of 2
metres, shall be constructed along the Megawatt Drive frontage."
2. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By -Law passed in open session this day of , 2019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk