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~~~~~~ REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date: Monday, May 4, 2009
Report #: PSD-042-09 File #: COPA2008-0005 and By-law #:
ZBA2008-0028
Subject: APPLICATIONS TO AMEND THE OFFICIAL PLAN AND ZONING BY-LAW TO
PERMIT AN ASPHALT PLANT AND AGGREGATE TRANSFER STATION
APPLICANT: LAFARGE CANADA INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-042-09 be received;
2. THAT the application 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 delegations be advised of
Council's decision.
Submitted by: ~'~/i~
David . Crome, MCIP, RPP
Director of Planning Services
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Reviewed by: -' - "`~
Franklin Wu,
Chief Administrative Officer
TW/CP/df
23 April 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-042-09 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Adolf and Muriel Schlacht
1.2 Applicant: Lafarge Canada Inc.
1.3 Proposal: Official Plan Amendment:
To re-designate the lands from "Light Industrial Area" to "General
Industrial Area" with the following site specific exceptions:
i) to permit outdoor storage to exceed a maximum height of 5 metres;
ii) to allow outdoor storage to exceed 50% of the lot area; and
iii) to allow outdoor storage at the front of the property.
Zoning By-law Amendment:
To permit a site specific exception in the General Industrial (M2) Zone to
permit a building height greater than 12 metres; outside storage in the
front and exterior side yards closer to a public street than any principal
structure located on the same lot; and to permit the following uses:
^ Aggregate Transfer Station
^ Asphalt Plant
^ Processing of Recyclable Concrete and Asphalt
^ Outdoor Storage of sand, gravel, recycled concrete and asphalt
^ Outdoor Storage and sale of topsoil and salt and other accessory
uses
1.4 Area: 17.24 hectares (42.6 acres)
1.5 Location: The subject lands straddle the CPR line and are located on the south side
of Baseline Road, between Solina and Rundle Roads, north of Highway
401 (Attachment 1).
2.0 BACKGROUND
2.1 On October 31, 2008 MHBC Planning, on behalf of Lafarge Canada Inc., submitted
applications to amend the Clarington Official Plan and Zoning By-law. The applications
were not deemed complete until March 11, 2009 upon receipt of the following
outstanding items:
Completion of all sections of the application forms; and
Submission of a preliminary Drainage and Stormwater Management Review as
requested during the pre-consultation process.
REPORT NO.: PSD-042-09
PAGE 3
2.2 In addition to the above study, the following studies and reports were submitted in
support of the application:
• Phase One Environmental Site Assessment Report
• Traffic Impact Study
Existing and Proposed Drainage Report
Hydrogeological Investigation Report
• Planning Justification Report
Noise Assessment
• Preliminary Drainage and Stormwater Management Review
The applicant also provided a commitment letter indicating their intention to complete an
Archaeological Assessment in the spring.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject 17.24 ha site is currently vacant and is bisected by the Canadian Pacific
Rail line. The unopened Solina Road allowance is on the west side of the property and
beyond that are vacant lands, identified for the alignment of the technically preferred
Highway 407 East Link. Highway 401 is located to the south and the Highway 407 East
Link will connect through a portion of the property (Attachment 2). The property slopes
from the north to Highway 401 offering a clear view of the lands.
3.2 The surrounding uses are as follows:
North - Agricultural .
South - Vacant lands and Highway 401
East - Industrial, residential and vacant lands
West - Agricultural and vacant lands
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The 2005 Provincial Policy Statement (PPS) states planning authorities are required to
promote economic development and competitiveness by:
• providing for an appropriate mix and range of employment (including industrial,
commercial and institutional uses) to meet long-term needs;
• providing opportunities for a diversified economic base, including maintaining a
range and choice of suitable sites for employment uses which support a wide range
of economic activities and ancillary uses, and take into account the needs of existing
and future businesses;
planning for, protecting and preserving employment areas for current and future
uses; and
• ensuring the necessary infrastructure is provided to support current and projected
needs.
REPORT NO.: PSD-042-09
PAGE 4
The PPS requires infrastructure and public service facilities to be provided in a
coordinated, efficient and cost-effective manner to accommodate projected needs.
Planning for infrastructure and public service facilities shall be integrated with planning
for growth so that these are available to meet current and projected needs.
4.2 Provincial Growth Plan
The Provincial Growth Plan stresses the importance of ensuring an adequate supply of
land for a variety of appropriate employment uses to accommodate forecasted growth.
A range and choice of suitable sites for employment uses which support a wide range of
economic activities and ancillary uses, and take into account the needs of existing and
future businesses is to be maintained. Infrastructure is to be provided to support current
and forecasted employment needs.
Municipalities are encouraged to designate and presence lands within settlement areas
in the vicinity of existing major highway interchanges, for manufacturing, warehousing,
and associated retail, office and ancillary facilities, where appropriate.
In planning lands for employment, municipalities will facilitate the development of
transit-supportive, compact built form and minimize surface parking.
In the designated greenfield area, each municipality is to achieve a minimum density
target that is not less than 50 residents and jobs combined per hectare, measured over
the entire upper-tier municipality (Region of Durham).
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Region Official Plan
The Employment Area policies state that industrial uses are to be designated in
appropriate locations in the respective area municipal official plans. The policies
encourage prestige employment uses with high employment-generating capacity and
greater architectural; landscaping and sign controls along Highways 401 and 407.
Sites having a high degree of exposure and good access shall be reserved for
employment-intensive uses. Beautification of Employment Areas, particularly those
adjacent to major transportation routes shall be promoted.
The Aggregate Resources Extraction Area Policies permit aggregate-related industrial
uses to be permitted in Employment areas.
REPORT NO.: PSD-042-09 PAGE 5
5.2 Growing Durham
The Region of Durham is undertaking the Growing Durham Study initiative to review the
growth management policies contained in the Regional Official Plan in conformity with
the provincial Growth Plan. The Growing Durham Final Recommended Growth
Scenario and Policy Directions Report recommends 25 jobs per net hectare in
Clarington to comply with the Growth Plan policy requiring 50 residents and jobs per
hectare within the greenfield area.
5.3 Clarington Official Plan
The subject lands are designated as Light Industrial Area. This designation together
with the Prestige Employment Area designation applies to places of high visibility along
major arterial roads and freeways. The range of industrial uses shall be sensitive to and
compatible with abutting uses. The predominant uses permitted shall be manufacturing,
assembling, processing, fabricating, repairing, research and development and
warehousing. Outdoor storage is limited to 25% of the lot area with a maximum height
of 3 metres and is to be limited to the rear yard, screened from adjacent properties and
freeways.
The .policies of the Clarington Official Plan allow asphalt batching .plants and aggregate
transfer stations within the General Industrial Area designation provided the evaluation
of a site specific zoning amendment considers the following:
minimizing visual impacts of the site from major arterial roads and freeways;
minimizing impact on abutting uses including noise and odour; and
addressing other issues as may be required by the Municipality.
The Transportation policies identify Baseline Road as a Type 'C' Arterial, Highway 401
as a Freeway and the future Highway 407 as a gateway to the Municipality. The
policies require a high quality visual environment shall be maintained for users of the
highway. This shall be achieved through the protection of prominent landscape features
and the provision of treed and landscaped buffer strips along each side of the highway
and within interchanges. In addition, significant vistas and view corridors visible from
the highway shall be protected.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Light
Industrial (M1)" and "General Industrial (M2)". As required by the policies of the Official
Plan, a site specific zoning by-law amendment is required.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
A Public Meeting sign was installed on the property.
REPORT NO.: PSD-042-09
PAGE 6
Two inquiries were received. One was of a general nature. The other was from Mr.
Bruni, the owner of an adjacent parcel. His parcel is at the south end of Solina Road
between Highway 401 and the CPR line. Mr. Bruni questioned the proposed access
onto the unopened road allowance. He indicated that there were plans to develop his
property in the seventies and funds were secured to construct Solina Road south of
Baseline Road. Municipal records indicate that the Agreement for the development was
terminated in 1997 and the funds were returned.
Mr. Bruni also indicated that CPR gated the level crossing restricting access to the
properties south of the rail line. He questioned how the applicant intends to access the
south parcel
8.0 AGENCY COMMENTS
8.1 The applications were circulated to the relevant departments and agencies for
comment. A number of agency comments remain outstanding as of the writing of this
report.
8.2 The Clarington Operations Department and Hydro One offered no objections to the
proposal. Hydro One requested to be circulated any future plans for the site as a high
voltage Hydro One easement corridor bisects the property.
8.3 The Clarington Emergency Fire Services Department indicated that the proposed
development must comply with Part 4 of the Ontario Fire Code.
8.4 The Central Lake Ontario Conservation Authority provided the following comments for
consideration.
The Technical Memorandum from Golder & Associates dated August 27, 2008
regarding the Clarington Site Natural Features assesses two natural features identified
within the Regional Municipality of Durham Official Plan (2004) and concluded that an
Environmental Impact Study would not be required for the proposal given the distance
between the features and the development. CLOCA is in agreement with the findings of
the technical memo,
Based on the Existing and Proposed Drainage of the Proposed Lafarge Aggregate
Depot and Asphalt Plant, Clarington Ontario, completed by Golder & Associates, dated
February 11, 2009, the drainage follows the CPR tracks to a low lying area at the
southwest corner of Baseline Road and Hancock Road, and eventually outlets to Tooley
Creek. The report indicates the drainage information provided in the report will be
confirmed during the detailed survey and design of the development. CLOCA agrees
that this information needs to be confirmed.
CLOCA does not have any objections to the rezoning or amendment to the official plan
to allow the proposed use. However, should these applications be approved, there are
a number of items that CLOCA will require at the detailed design stage of the project.
REPORT NO.: PSD-042-09
PAGE 7
8.5 Clarington Engineering Services identified a number of issues and provided the
following comments:
^ The applicant proposes to access the site from an unopened portion of Solina
Road. This section of road allowance is not maintained on a year round basis
and has critical deficiencies in width, surface type, structural adequacy and
drainage. Accordingly, the Engineering Services Department will not support a
reconstruction of Solina Road and it must remain as an unopened road
allowance. Any access to the site must be from Baseline Road.
^ The noted section of Baseline Road is subject to seasonal half load restriction.
The applicant must undertake a full analysis of Baseline Road with respect to
structural integrity and surface condition. This report may recommend upgrades
that will be required to Baseline Road to facilitate this development. Any costs
for road upgrades required by the Director of Engineering Services will be borne
100% by the applicant. The report will be subject to the approval of the Director
of Engineering Services.
^ A portion of the subject site is located on the south side of the Canadian Pacific
Railway that has no frontage on a road allowance. The applicant has advised
that access will be obtained by crossing the railway. Prior to approval of the
subject application, the applicant must demonstrate how legal access will be
obtained to this portion of the lands and obtain all of the necessary approvals
from the Railway and all other agencies.
^ A Traffic. Study has been submitted in support of the application. The Study is
currently being reviewed in a comprehensive manner. The report must meet the
requirements of the Engineering Services Department and is subject to the
approval of the Director of Engineering Services.
^ A preliminary engineering brief on stormwater drainage and stormwater
management has been submitted in support of the subject application. The final
preliminary engineering brief must restrict all on-site stormwater drainage to
acceptable levels and direct all drainage to suitable outfall locations and will be
subject to the approval of the Municipality, the Central Lake Ontario Conservation
Authority and the Canadian Pacific Railway.
9.0 STAFF COMMENTS
9.1 Initial development of the site is proposed on the northern .portion of the parcel with
access to the site from the unopened Solina Road allowance. Parking and the weigh
scale house is to be located at the west end of the property. The asphalt plant is
proposed to be centralized while stockpiles between 7 and 10 metres in height, of
various materials will be located in the front, rear and easterly side yards.
REPORT NO.: PSD-042-09
PAGE 8
9.2 The proposal does not appear to conform to the Provincial, Regional and Local policies.
A meeting will be arranged with the applicant to discuss how they intend to address
. conformity to the policies described below.
9.2.1 The Provincial Policy Statemenf and the Growth Plan both stress maintaining a range
and choice of suitable sites for employment uses taking into account the needs of
existing and future businesses. The Growth Plan further states that municipalities are
encouraged to designate and preserve lands in the vicinity of major highways and
interchanges for manufacturing, warehousing and associated retail, office and ancillary
facilities where appropriate.
The Growth Plan requires 50 residents and jobs per hectare in designated Greenfield
area. The Region of Durham through the Growing Durham Study initiative is
recommending 25 jobs per hectare for employment lands in Clarington. The
development of the 6.52 hectare (16.1 acre) northern parcel would create a maximum of
15 jobs, or 0.43 jobs per hectare. Development at this level will make it difficult to
achieve the jobs per hectare required through Growing Durham which is significantly
less than the 50 jobs per hectare stated. in the Growth Plan.
9.2.2 The Region of Durham Official Plan encourages prestige, employment-intensive uses to
locate along highways 401 and 407. The proposed development would not appear to
be consistent with this requirement.
9.2.3 Policy 11.7.6 of the Clarington Official Plan requires evaluation of rezoning applications
for asphalt batching plants and aggregate transfer stations in accordance with the
following criteria:
^ minimizing visual impacts of the site from major arterial roads and freeways;
^ minimizing impact on abutting uses including noise and odour; and
^ addressing other issues as may be required by the Municipality.
Of particular concern is the ability to adequately screen the development from Highway
401 and the future Highway 407 East Link. The stockpiles of aggregates are proposed
in the range of 7 to 10 metres. Officials from the Ministry of Transportation indicated in
the pre-consultation meeting that the Highway 407 East Link would likely be elevated 6
to 7 metres where it connects to Highway 401 (Attachment 2).
The transportation policies identify future Highway 407 as a gateway and require that a
high quality visual environment be maintained. Significant vistas and view corridors
visible from the highway shall be protected.
The Planning Report prepared by MHBC Planning does not address the Highway 407
East Link which is proposed just west of the property. It states that the current distance
to the 401 will minimize the potential negative visual impacts. It also suggests that an
existing berm and stand of trees could be enhanced to further minimize visual impacts.
REPORT NO.: PSD-042-09
PAGE 9
The proposed Highway 407 East Link is much closer to the site than Highway 401 and
the existing stand of trees and berm are within the proposed widening needed to
accommodate the Highway 407 East Link ramp connecting to Highway 401.
9.3 Work is also underway on the Tooley and Robinson Creeks watershed plan which will
inform the review for a Secondary Plan for Courtice Industrial Lands.
9.4 On April 8, 2009 GO Transit advised staff that the CPR line has been selected for the
extension of GO Train service to Bowmanville. The Environmental Assessment process
will be initiated shortly under the expedited environmental assessment process for
transit projects. The EA will look at additional track requirements, station location
layover facilities and a maintenance yard. This could have implications for the applicant
as the CPR line bisects the property.
10.0 CONCLUSIONS
10.1 The purpose of this report is to satisfy the Public Meeting requirements under the
Planning Act. At this time a number of agency comments remain outstanding. In
addition, further discussions are required to determine how the applicant intends to
conform with the intent of the provincial policies and the Clarington Official Plan policies.
Staff respectfully request that this report be referred back to staff for further processing
and the preparation of a subsequent report.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Durham East Link - 407 to 401
Attachment 3 -Draft Official Plan Amendment -Submitted by the Applicant
Interested parties to be notified of Council and Committee's decision:
W. Brent Clarkson
Lafarge Canada Inc.
Adolf & Muriel Schlacht
Kresho Petrovitch
Mr. Bruni
Lawrence Wallace
Attachment 1
To Report PSD-042-09
Attachment 2
To Report PSD-042-09
821
PROPOSED OFFICIAL PLAN AMENDMENT
AS SUBMITTED BY APPLICANT
PART A -THE PREAMBLE
INTRODUCTION
This document is comprised of two components:
1. The Preamble (Part A)
2. The Official Plan Amendment (Part B)
Attachment 3
To Report PSD-042-09
Part A -The Preamble establishes the general context in which the Amendment
has been prepared and does not constitute part of the Amendment.
Part B -The Official Plan Amendment, which amends the relevant sections of the
Official Plan of the Municipality of Clarington affected by Official Plan
Amendment and constitutes part of this Amendment.
PURPOSE
The purpose of this Amendment is:
to amend Map A2 -Land Use (Courtice Urban Area) of the Municipality of
Clarington Official Plan to redesignate the subject lands from Light
Industrial to General Industrial; and
2. to provide an exception to Policy 11.7.3 to:
a. permit a stockpile height greater than 5 metres;
b. permit the lot area coverage of outside storage areas to exceed
50% of total lot area; and
c. permit outside storage areas at the front of the property.
This amendment will permit an Asphalt Plant, Aggregate Transfer Station,
Processing of recyclable concrete and asphalt, Outside storage of sand, gravel
and recyclable concrete and asphalt; Outside storage and retail sale of sand and
salt, and Accessory uses associated with the aforementioned uses.
LOCATION
The lands to be redesignated are located at the southeast corner of Baseline
Road and Solina Road and is legally described as Part Lots 23 and 24, Broken
Front Concession, Former Town of Newcastle (Darlington Township),
Municipality of Clarington (PIN: 266060322 and PIN: 266060011).
PROPOSED OFFICIAL PLAN AMENDMENT
AS SUBMITTED BY APPLICANT
BASIS
In order to permit the proposed uses, a redesignation is required from Light
Industrial to General Industrial.
The surrounding land use designations are as follows:
• Light Industrial to the north, east and west.
• Utility to the south across Highway 410
RATIONALE
The lands affected by this Amendment are located within the Courtice Urban
Boundary. The Ofricial Plan contemplates Asphalt Plants and Aggregate Transfer
Stations within the General Industrial designation provided visual impacts of the
site from major arterial roads and freeways are minimized and impacts on
abutting uses including noise and odour are minimized.
The property is located on an arterial road in an area that is transitioning to
industrial uses. Potential impacts on existing residences will be minimized by
landscaping, screening, orientation of uses on the site and application of the
Ministry of Environment Certificate of Approval process. The proposed
development will contribute to the Municipality's industrial base and provide road
base construction materials to the local and regional markets.
The proposal is supported by a series of technical reports, which demonstrate
that the proposal can be developed in accordance with Municipal and Provincial
policies, standards and requirements.
PROPOSED OFFICIAL PLAN AMENDMENT
AS SUBMITTED BY APPLICANT
PART B -THE AMENDMENT
DETAILS OF THE AMENDMENT
The Official Plan is amended as follows:
1) Schedule A2 -Land Use Courtice Urban Area is hereby amended by
redesignating the lands identified on attached Schedule A, from "Light
Industrial" to "General Industrial"; and
2) Exceptions to Policy 11.7.3 are hereby granted to:
a. permit a stockpile height greater than 5 metres;
b. permit the lot area coverage of outside storage areas to exceed
50% of total lot area; and
c. permit outside storage areas at the front of the property.
IMPLEMENTATION
Upon adoption of this Amendment, Council will consider an implementing zoning
by-law to rezone the subject lands from Light Industrial (M1) and General
Industrial (M2) to General Industrial (M2) -Special Exception to permit the
following uses on the subject lands:
• Aggregate Transfer Station;
• Asphalt Plant;
• Processing of recyclable concrete and asphalt;
• Outside storage of sand, gravel, recyclable concrete and asphalt;
• Outside storage and retail sale of topsoil and salt; and
• Uses Accessory to the above listed uses.
INTERPRETATION
The provisions of the Official Plan as amended from time to time shall apply in
regard to this Amendment.
l
PROPOSED OFFICIAL PLAN AMENDMENT
AS SUBMITTED BY APPLICANT
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PRESTIGE
-- - EMPLOYMENT AREA
' LIGHT
INDUSTRIAL AREA
GENERAL
INDUSTRIAL AREA
- BUSINESS PARK
'~~~` 3= UTILITY
ENVIRONMENTAL
PROTECTION AREA
- GREEN SPACE
WATERFRONT
GREENWAY
- COMMUNITY PARK
~ ~ SECONDARY
PLANNING AREA
^^^^^^ SPECIALPOLICVAREA
••••••• SPECIAL STUDY AREA
,-
Lands to be redesignated
from Light Industrial Area to
General Industrial Area
Base source: band Use h-Tap A2: Courtice Urban Area, and; n-lap A L• ilarlingtonRural Arca, Official Plan, A-Iunicipality ofClarington, January 2007.
Amendment Number to the Official Plan
For the Municipality of Clarington
Schedule A
Scale 1:25,000
Date: October 24, 2008
iQ50 1ti'eston Koad, Suite #'?30
Woodbridge, Ontario, L4L 8G7
MHBC T: (905)761.5588 F: (905j761.5589
www.mhbcylan.com
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