HomeMy WebLinkAboutPSD-068-09Leading the Way
~~~~ REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, July 6, 2009
Report #: PSD-068-09 File #: ZBA 2009-0010 By-law #:
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT AN OUTDOOR
SALES CENTRE ACCESSORY TO A BUILDING SUPPLY AND HOME
IMPROVEMENT OUTLET
APPLICANT:12101910NTARIOINC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: ',
THAT Report PSD-068-09 be received;
2. .THAT while the notice of public meeting was prepared for the purposes of adding an
"Outdoor Garden Centre' as a permitted use accessory to a building supply and home
improvement outlet, the recommendation to add an "Outdoor Sales Centre" as a
permitted use accessory to a building supply and home improvement outlet is a minor
change from the notice provided and does not require further notice under Section
34(13) of the Planning Act;
3. THAT provided there are no significant issues raised at the Public Meeting, the
application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the
amending By-law contained in Attachment 3 be PASSED;
4. THAT the Region of Durham Planning Department and the Municipal Property
Assessment Corporation be forwarded a copy of this report and Council's decision; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
a id J. Crom MCIP, P
Dy' ector of Pla Wing Se ices
ATS/CP/df
25 June 2009
Reviewed by:
Fr~dnklin Wu,
/~ Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
Cl~ngton REPORT
Leading the Way
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, July 6, 2009 ~ ~~ o~;,L~-~ crr~ ~ C Pa - `'~ ~'2 - ~ `~
Report #: PSD-068-09 File #: ZBA 2009-0010 By-law #: ~ ~~ _ (~
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT AN OUTDOOR
SALES CENTRE ACCESSORY TO A BUILDING SUPPLY AND HOME
IMPROVEMENT OUTLET
APPLICANT: 1210191 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-068-09 be received;
2. THAT while the notice of public meeting was prepared for the purposes of adding an
"Outdoor Garden Centre" as a permitted use accessory to a building supply and home
improvement outlet, the recommendation to add an "Outdoor Sales Centre" as a
permitted use accessory to a building supply and home improvement outlet is a minor
change from the notice provided and does not require further notice under Section
34(13) of the Planning Act;
3. THAT provided there are no significant issues raised at the Public Meeting, the
application to amend Comprehensive Zoning By-law 84-63 be APPROVED and that the
amending By-law contained in Attachment 3 be PASSED;
4. THAT the Region of Durham Planning Department and the Municipal Property
Assessment Corporation be forwarded a copy of this report and Council's decision; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
a)) id J. Crom MCIP, P
Dy#ector of Pla Wing Se ices
Reviewed by:
ATS/CP/df
25 June 2009
Franklin Wu,
/~ Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-068-09 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 1210191 Ontario Inc.
1.2 Agent: D.G. Biddle & Associates Ltd.
1.3 Amendment to the Zoning By-law:
To change the current zoning on the lands from "Light Industrial (M1)
Zone" to the "Light Industrial Exception (M1-11) Zone" to permit the
proposed development.
1.4 Site Area: 0.802 hectares (1.99 acres).
1.5 Location: The subject property is located at 275 and 305 Toronto Street, being west
of Mill Street, in Part Lot 29, Concession 1 in the former Township of
Clarke (Attachment 1).
2.0 BACKGROUND
2.1 On May 9, 2009 John Albi on behalf of 1210191 Ontario Inc. submitted an application
for approval of a Zoning By-law Amendment to permit an outdoor garden centre (220
m2) accessory to a home improvement outlet.
2.2 The subject application is a result of the proposed relocation of the Rona Hardware
Store from King Avenue in Newcastle to the subject lands. While the existing zoning of
the Toronto Street site would allow for a building supply and home improvement outlet,
an outdoor garden centre use component is not permitted.
2.3 The application form, as submitted, indicated a garden centre as an accessory use to
the permitted home improvement outlet. The owner has since provided additional
details for the proposed use. The use would be more in keeping with ayear-round
Outdoor Sales Centre allowing for the sale of flowers, plants, shrubs, trees, packaged
sand, gravel, soil, fertilizers and de-icing products as defined in the Zoning By-law
Amendment (Attachment 3).
2.4 The applicant has also submitted a site plan application for the proposed site on
Toronto Street which involves revised parking areas, the addition of a small vestibule on
the east side of the building, and a future warehouse building on the west side of the
property.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 An existing industrial building (600 m2) is located at 275 Toronto Street, the portion of
the property identified as 305 Toronto Street, is currently vacant.
REPORT NO.: PSD-068-09
PAGE 3
3.2 Surrounding Uses:
West - mix of vacant land and Light Industrial uses
East - vacant industrial land
North - existing Light Industrial uses, Highway 401
South - CN Railway
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement:
The Provincial Policy Statement encourages an appropriate mix of uses, including
employment uses. Land use patterns within settlement areas shall be based on the
efficient use of land, infrastructure and other public services. Economic development
and competiveness shall be promoted. The proposed development is consistent with
the Provincial Policy Statement.
4.2 Provincial Growth Plan:
The Provincial Growth Plan provides a framework for accommodating growth in existing
built up areas, through intensification and redevelopment. The existing vacant building
will be utilized for employment purposes and lands to the west will be intensified. The
redevelopment and intensification of the site will serve to diversify the area's economic
base. The proposed development is consistent with the Growth Plan.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
Within the Durham Regional Official Plan, the lands are within an Employment Area
where such uses as business parks and light service industries are permitted. The
proposed use conforms to the Durham Regional Official Plan.
5.2 Clarington Official Plan
Within the Clarington Official Plan, the subject lands are designated as Light Industrial.
Permitted uses include manufacturing, assembling, processing, fabricating, repairing,
research and development and warehousing. Commercial uses are permitted provided
they are limited in scale and provide service to employees of the Employment Area. The
proposed use conforms to the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned "Light
Industrial (M1)" which permits a building supply and/or home improvement outlet within
a wholly enclosed building or structure. A Zoning By-law amendment is required in order
to permit the outdoor sales centre.
REPORT NO.: PSD-068-09
PAGE 4
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 Toronto Road.
7.2 At the time of preparing this report, no submissions have been received.
8.0 AGENCY COMMENTS
8.1 The application has been circulated to applicable staff and agencies for their review and
comments.
8.2 No objections to the outdoor garden centre have been received, and comments relating
to the site plan application will be resolved prior to site plan approval.
9.0 STAFF COMMENTS
9.1 The subject lands are within the Light Industrial (M1) Zone which would permit the
proposed Rona Hardware Store and future warehouse building. The proposed outdoor
sales centre shown in the front yard of the building requires a Zoning By-law
Amendment in order to proceed.
9.2 Staff has no objection to the addition of an outdoor sales centre as a permitted use
which would allow for the display and sale of garden related items during the growing
season and fall flowers, Christmas trees and de-icing products during the fall and winter
months. Bulk storage of lumber and unpackaged items would not be permitted. The
proposed Zoning By-law Amendment would limit the size of the outdoor sales centre to
220 square metres and would only be permitted as an accessory use to the building
supply and home improvement outlet.
9.3 While the Zoning By-law Amendment (Attachment 3) defines and adds the outdoor
sales centre as a permitted use, the proposal requires Site Plan approval and items
such as landscaping, lighting, parking, access, fencing, servicing and grading will be
reviewed.
9.4 All taxes payable to the Municipality of Clarington have been paid in full.
10.0 CONCLUSIONS
10.1 At this time, the application has been reviewed in consideration of the comments
received and the Regional and Clarington Official Plan and Zoning By-law. Staff
respectfully recommends that the Zoning By-law Amendment (Attachment 3) be
APPROVED.
REPORT NO.: PSD-068-09
Attachments:
Attachment 1 -Key Map
Attachment 2 -Site Plan
Attachment 3 -Proposed Zoning By-law Amendment
Interested parties to be notified of Council's decision
PAGE 5
John Albi
D.G. Biddle & Associates
Attachment 1
To Report PSD-068-09
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Attachment 2
To Report PSD-068-09
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Attachment 3
To Report PSD-068-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
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 ZBA 2008-0010;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
Section 23.3 "SPECIAL EXCEPTIONS -LIGHT INDUSTRIAL (M1) ZONE" is hereby
amended by adding a new "Light Industrial (M1-11) Zone" as follows:
"23.3.11 LIGHT INDUSTRIAL EXCEPTION (M1-11) ZONE
2.
Notwithstanding Sections 23.1.b those lands zoned "M1-11" on the Schedule to this By-
law shall be subject to the following zone provisions:
For the purpose of this section, the term:
a.
Outdoor Sales Centre: shall mean an area of land used for the displaying and
selling of flowers, plants, shrubs, trees, or similar vegetation, and pre-packaged
sand, gravel, soil fertilizers, de-icing material or similar products, in addition to
supplies and equipment incidental to a building supply and home improvement
outlet, but shall not include a nursery; or the bulk storage of lumber.
Permitted uses
b.
In addition to those permitted uses in Section 23.1.b, an outdoor sales centre is
permitted as an accessory use to a building supply and home improvement outlet.
c.
Regulations for Outdoor Sales Centre
i) Maximum area
ii) Location
220 square metres
may project into the required setback
a maximum of 5.0 metres and no closer
than 2.5 metres to the front lot line."
Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Light Industrial (M1) Zone" to "Light Industrial Exception (M1-11) 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 Section 34 of the Planning Act.
BY-LAW read a first time this day of 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2009-
,
passed this day of , 2009 A.D.
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® Zoning Change From "M1" To "M1-11" ~j(~
Jim Abernethy, Moyor Patti L. Barrie, Municipal Clerk
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