HomeMy WebLinkAboutPSD-113-09~~W~n REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTR/A~TION COMMITTEE
Date: Monday December 7, 2009 ~e5°~ `-"-~''''i' ~ ~~ ~ L ~(o- ~ 9
Report #: PSD-113-09 File #: COPA 2009-0003 & By-law #: ,~09--! 6 9
ZBA 2009-0014 ~ ~'/ 76
Subject: OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT A
FINANCIAL OFFICE AND VISITORS'CENTRE
APPLICANT: ONTARIO POWER GENERATION INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-113-09 be received;
2. Provided that there are no significant objectidns raised at the public meeting:
a) THAT Official Plan Amendment #ti9 as contained in Attachment 2 be ADOPTED
and that the necessary By-law be PASSED;
b) THAT the application for a Zoning By-law Amendment submitted by Ontario Power
Generation Inc. as contained in Attachment 2 be APPROVED;.
3. THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be FORWARDED a copy of this report and Council's decision; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Davi . Crome, MCIP, RPP
Director of Planning Services
Reviewed by: ~~ ~`""'~-~ ~ `'~
Franklin Wu,
Chief Administrative Officer
MH/CP/DJC/sn/df
December 1, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L7C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-113-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Ontario Power Generation Inc. (OPG)
1.2 Agent: Sernas and Associates Ltd.
1.3 Official Plan Amendment:
To amend Map A of the Clarington Energy Business Park Secondary Plan
by deleting the Light Industrial 1 designation and replacing it with the
Prestige Employment Corridor designation permit a financial office and
visitor's centre.
1.4 Rezoning: To change the zoning from "Holding -Energy Park Light Industrial ((H)
ML1)" to an appropriate zone to permit the proposed development.
1.5 Area: 24.91 hectares (61.55 acres)
1.6 Location: The subject lands are located at 41 Osborne Road within the Clarington
Energy Park, south of Highway 401 and South Service Road (Attachment
1).
2.0 BACKGROUND
2.1 On October 15, 2009, Ontario Power Generation Inc. submitted applications to amend
the Official Plan and Zoning By-law 84-63. The amendments are to redesignate lands
from the Light Industrial 1 designation to Prestige Employment Corridor, and to rezone
from "Holding -Energy Park Light Industrial ((H)ML1)" to "Holding -Energy Park
Prestige ((H)MO2)" to permit a financial office and visitor's centre. The applicant intends
to develop the site with administrative office building(s) and facility building(s) related to
the Darlington Nuclear Generating Station. The applications were deemed complete on
October 29. 2009.
2.2 On March 29, 2009 the subject lands were granted draft approval for plan of subdivision
S-C-2008-0001. The draft plan permits an industrial subdivision containing three
industrial blocks, and a block for the proposed Highway 407 interchange. The applicant
is currently working towards fulfilling the conditions of draft approval and a draft
subdivision agreement has been prepared.
2.3 A Planning Justification Report was submitted by Sernas Associates in support of the
application to amend the Official Plan and Zoning By-law 84-63. The report is reviewed
in section 9 of this report.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject site is currently vacant and was previously used for agriculture. The site
slopes gently from north to south.
REPORT NO.: PSD-113-09
3.2 The surrounding uses are as follows:
North -Highway 401 and South Service Road
South - Industrial -automobile recycling facility
East -Agricultural/Public Utility
West - Vacant/Industrial -automobile auction facility
4.0 PROVINCIAL POLICY
PAGE 3
4.1 Provincial Policv Statement
The application is consistent with the Employment Area policies of the 2005 Provincial
Policy Statement (PPS). 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 choices 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.
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.
Municipalities are encouraged to designate and preserve 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.
Greenfield areas are required to achieve a minimum density target not less than 50
residents and jobs combined per hectare. They are to be planned, and designed in a
manner that:
contributes to creating complete communities;
creates street configurations, densities, and an urban form that supports walking,
cycling, and the early integration and sustained viability of transit services;
• provides a diverse mix of land uses, including residential and employment uses, to
support vibrant neighbourhoods; and
• creates high quality public open spaces with site design and urban design standards
that support opportunities for transit, walking and cycling.
REPORT NO.: PSD-113-09
5.0 OFFICIAL PLAN POLICIES
PAGE 4
5.1 Durham Regional Official Plan
The lands are designated as Employment Area within the Durham Regional Official
-Plan. Lands designated as Employment Area permit the development of Business
Parks comprising of corporate offices oriented to and serving the business community,
research and development facilities and light industries. The proposed uses appear to
conform to the Plan.
5.2 Clarington O~cla/ Ptan
The subject lands are designated as Business Park in the Clarington Official Plan. The
Clarington Energy Business Park Secondary Plan, designates the lands Prestige
Employment Corridor and Light Industrial 1. The proposed "Energy Drive" is designated
as a Type `C' Arterial. The remaining streets will be developed as Local Roads.
Both the Prestige Employment Corridor and Light Industrial 1 designations allow the
development of business offices. However, the Light Industrial 1 designation does not
permit the financial office or visitor's centre uses.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63 as amended, the lands are zoned "Holding
- Energy Park Prestige ((H) MO2)" and "Holding -Energy Park Light Industrial ((H)
ML1)". A Zoning By-law amendment to remove the Holding symbol will be required at a
later date in order for development to proceed. The "Holding -Energy Park Light
Industrial ((H) ML1) zone would not permit the proposed financial office.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site
and Public Meeting signs were installed on the property. No inquiries on the application
were received at the time of writing this report.
8.0 AGENCY COMMENTS
8.1 A proposed plan of subdivision that includes the lands subject of this application was
approved in the spring of this year following a complete review process. Since the
principle of the use was previously established, the current applications were only
circulated to the Region of Durham Planning Department for comment.
8.2 Comments were received from Durham Regional Planning Department on November
27, 2009, which stated that the application to amend the Official Plan is considered to
have no significant Regional or Provincial concerns, and that the application is exempt
from Regional approval.
REPORT NO.: PSD-113-09
PAGE 5
9.0 STAFF COMMENTS
9.1 OPG is planning to construct a 22,296 mZ (240,000 ft2) office building and a separate
visitor's centre. The office building will house a number of OPG staff and operations,
with a potential financial office occupying a portion of the first floor. The visitor's centre
is also being proposed to ihform and educate the public of OPG's operations and will
occupy astand-alone building on the site.
9.2 The Planning Justification Report submitted in support of the applications suggests that
while the "Prestige Employment Corridor" designation does not specifically identify
financial offices as a stand-alone use, "business ofFce° uses are permitted. This
interpretation is supported by the Zoning by-law which allows financial offices as-of-right
within the complementary "Energy Park Prestige (MO2)" zone.
9.3 The. "Energy Park Prestige (M02)" zone allows fora "financial office without a drive-
through facility". This zone also allows for a wide variety of uses including an "Energy
Industry" use. Within the "MO2" zone, "Energy Industry" is defined as an establishment
where its main focus is on the "demonstration of energy products and services" and/or
the development and commercialization of those same products. As previously noted,
the main focus of the proposed visitor's centre building is to inform and educate the
public of Ontario Power Generation's operations. It may also be used as an educational
facility. The use is a permitted within the "MO2" zone.
9.4 The proposed Zoning By-law amendment will also eliminate potential conflicts with
section 3.14 within Zoning By-law 84-63, which states that "where a lot is divided into
more than one zone, the zone boundary shall be interpreted to be a lot line". As the
zone boundary bisects the property in the vicinity of where the future office building is
planned, the rezoning would remove potential problems in the future when establishing
the placement of buildings and uses on the subject lands through the site plan approval
process.
9.5 The application is considered to be consistent with the intent and policies of the Energy
Business Park Secondary Plan. No enquiries have been received wfth respect to the
subject application, as a result of the public notice. In addition, all taxes have been paid
on the subject property.
10.0 CONCLUSIONS
10.1 In consideration of the comments contained in the report, staff recommends that the
application for Official Plan Amendment and Zoning By-law Amendment as contained in
Attachments No. 2 and 3 respectively be approved.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Proposed Official Plan Amendment
Attachment 3 -Proposed Zoning By-law Amendment
REPORT NO.: PSD-113-09
PAGE 6
List of interested parties to be advised of Council's decision:
Bill Collie, Ontario Power Generation Inc.
Dayna Gilbert, Sernas Associates
Attachment 1
To Report PSD-113-09
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Attachment 2
To Report PSD-'113-09
AMENDMENT NO. 69
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment to the Municipality of
Clarington Official Plan is to redesignate the subject lands
from Light Industrial 1 designation to Prestige Employment
Corridor designation to permit a financial office as
accessory to an office building and a visitor's centre
LOCATION: The subject site is located in the Clarington Energy
Business Park Secondary Plan lands, located at 41
Osborne Road, south of Highway 401 and South Service
Road (Legally described as Part of Lot 26, Broken Front
Concession, former Township of Darlington, now in the
Municipality of Clarington).
BASIS: The amendment is based on the policies of the Clarington
Energy Business Park Secondary Plan and an application
to permit the proposal of Ontario Power Generation to
develop the lands with a financial office as accessory to an
office building and a visitor's centre.
ACTUAL
AMENDMENT:. The Municipality of Clarington Official Plan is hereby
amended by amending Map A -Land use and Primary
Roads as shown on the attached Exhibit "A"
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.
Exhibit " A", Amendment No. 69 To The Municipality of Clarington Official Plan,
Map A, Clarington Energy Business Park Secondary Plan
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to adopt Amendment No. 69 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 redesignate lands from the 'Light Industrial
1' designation to 'Prestige Employment Corridor' to permit a financial office and visitor's
centre:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 69 to the Clarington Official Plan being the attached Explariatory
Text and Map 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 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 Glerk
Attachment 3
To Report PSD-113-09
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 ZBA2009-0014;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "1A" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Holding -Energy Park Light Industrial ((H) MLt)" to "Holding -Energy
Park Prestige ((H) MO2)" 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 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
® Zoning Change From "(H)MLi" To "(H)MO2"
®Zoning To Remain "(H)MO2"
Zoning To Remain "(H)MLt"
This is Schedule "A" to By-law 2009- ,
passed this day of , 2009 A.D.
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk