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HomeMy WebLinkAboutPSD-099-10,~ w~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE C~-~-i~ Date: September 13, 2010 Resolution #: ~NF~-Y4'MO By-law #: ad/U-/30 Report #: PSD-099-10 File #: ZBA2007-0036, COPA 2007-0011 & PLN 14.10 Subject: PROPOSED 20NING BY-LAW AMENDMENTS TO IMPLEMENT THE ADOPTED CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend. to Council the following: 1. THAT Report PSD-099-10 be received; 2. THAT the proposed Zoning By-law to implement the Clarington Technology Business Park Secondary Plan contained in Attachment 5 to Report PSD-099-10 be passed; and 3. THAT all interested parties listed in Report PSD-099-10 and any delegations be advised of Council's decision. Submitted by: v /~l"~ Reviewed by:~~ `°"~~~-"'' y Langm i , FCSLA, MCIP Franklin Wu, c ng Director of Planning Services Chief Administrative Officer DJ/COS/sn/df 3 September 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-099-10 1.0 APPLICATION DETAILS 1.1 Applicant: The Municipality of Clarington 1.2 Owner: Numerous private owners (notified as interested parties) 1.3 Proposal: Amendments to the Zoning By-law of the Former Town of Newcastle to implement the Secondary Plan for the Clarington Technology Business Park 1.4 Area: 142.7 hectares (352 acres) 2 1.5 Location: North of Highway 401, between Bennett Road on the east and Haines Street on the west and bounded to the north by Highway 2 (Attachment 1) 2.0 PURPOSE OF REPORT 2.1 This report seeks to finalize the planning framework for the development of a Technology Business Park through certain amendments to the Zoning By-law to implement the recently adopted. Official Plan Amendment and Secondary Plan for the Business Park area. 3.0 BACKGROUND 3.1 On June 28, 2010, Council approved the Official Plan Amendment creating the planning framework for the establishment of the Technology Business Park. This planning framework included the adoption of the Clarington Technology Business Park Secondary Plan. A copy of the Secondary Plan Land Use Map is enclosed as Attachment 2. 3.2 Staff met with the landowners within the Business Park area during the summer. The purpose of the meeting was to discuss the rezoning of the lands to implement the adopted Secondary Plan. 4.0 SUMMARY OF BACKGROUND STUDIES 4.1 Since the inception of this planning initiative, the following background studies have been compiled in consultation with Planning Services and Engineering Services Staff: Master Drainage Plan - by TSH (now AECOM) including infrastructure service delivery and transportation network; Industrial Lands Market Analysis (for parcels bigger than 25 acres) -The Climans Group; and a Planning and Urban Design study -Urban Strategies. REPORT NO.: PSD-099-10 4.2 The key components of the above mentioned background studies were compressed into a single report known as the "Science + Technology Park Planning Rationale Report" dated July 24, 2007, prepared by Urban Strategies, and made available for public review and comment. 4.3 The key findings of the Planning Rationale Report are embodied in the Official Plan through the approved Secondary Plan, and further articulated through this proposed zoning by-law amendment. 5.0 VISION FOR THE TECHNOLOGY BUSINESS PARK 3 5.1 The Technology Business Park will leverage the existing physical assets, the locale and promote the establishment of prestige employment uses. The Technology Business Park will • Be a research park having linkages to other research agencies and provide a real world laboratory where new technologies are tested and applied; • Have a global market focus and will accommodate niche-markets, promote synergies amongst users and provide access to economic incentives; • Be a prime destination for prestige employment uses and high-end job creation in Clarington; • Enhance and diversify Clarington's employment base; and, • Become a signature facility in Bowmanville and an eastern gateway to the GTA, promoting the strength of Clarington's economy and quality of life. 5.2 .Realizing the importance of this initiative as a major catalyst for economic investment and job creation, Council in its. Corporate Strategic Business Plan 2007-2010 identified the Technology and the Energy Business Parks as the Municipality's primary economic development objective. 6.0 LAND CHARACTERISTICS AND SURROUNDING USES 6.1 The site is 142.7 hectares in size and strategically located along Highway 401, offering excellent visibility and proximity to Highway 401, It is bounded to the east by Bennett Road and to the west by Haines Street. Highway 2 forms the area's northern boundary. 6.2 The Technology Business Park site has no obvious impediments to development, except for the southwest corner that is partially within the flood plain of Bennett Creek and a significant woodlot on the southeast portion of the area. 6.3 Currently, the predominant land use is agricultural with some residential properties clustered along portions of Haines Street, Lambs Road and Highway 2: The Holburn facility is situated on the eastern side of the Technology Business Park site, along Bennett Road. A variety of other uses such as a church, a fitness studio, apools/spa's REPORT NO.: PSD-099-10 Paae 4 and accessory business, farm produce sales outlet and home businesses are found along Highway 2. 6.4 The surrounding uses are as follows North - Highway 2 and single detached dwellings on smaller agricultural lots; South - Highway 401 and further south is a partly developed light industrial area; East - Agriculture; West - Cemetery lands and existing industrial area. 7.0 PROVINCIAL POLICY 7.1 Provincial Policv Statement 7.1.1 The Provincial Policy Statement 2005 (PPS) states that an adequate supply of employment lands, providing locations for a variety of appropriate employment uses, will be maintained to ensure the vitality of the provincial economy and it encourages the planning for, protecting and preserving of employment areas for current and future uses. The Climans Group findings in its Industrial Lands Market Analysis, a background study to this planning initiative, supports the PPS in that it calls for protection, branding and marketing of these lands as a cluster for economic development. 7.1.2 The PPS requires Municipalities to promote economio development and competitiveness by ensuring the necessary infrastructure provides support to current and projected employment needs. Through this planning initiative the Municipality of Clarington in consultation with the Regional Municipality of Durham and land owners is seeking the timely and effective provision of infrastructure to these employment lands. 7.1.3 The PPS calls for the protection of Employment Lands. The uses contemplated emphasize this provincial policy. Some commercial uses are proposed only as accessory uses to meet the needs of a prestige business park. 7.2 Provincial Growth Plan 7.2.1 Building compact, vibrant and complete communities is one of the key guiding principles of the Growth Plan. The term "Complete Community" refers to a community that meets people's needs for daily living throughout an entire life-time by providing convenient access to an appropriate mix of jobs, local services, housing and community infrastructure. The proposed Technology Business Park site is centrally situated in a highly accessible urban area between two transit corridors and will play an important role in Clarington's efforts to attain a "complete community". 7.2.2 The Growth Plan has policies pertaining to conditions under which employment lands may be converted to non-employment uses. This policy has a bearing on the type of REPORT NO.: PSD-099-10 5 uses to be introduced along Highway 2, as this has been identified as a Regional Corridor in accordance with Amendment 128 to the Regional Official Plan. The introduction of non-employment uses along this particular section of the Highway 2 corridor in the Technology Business Park will be subject to a Mixed Use Corridor designation, as set out in the Secondary Plan, and simultaneously have to meet policies of the Growth Plan. 8.0 OFFICIAL PLANS 8.1 Durham Regional Official Plan 8.1.1 Regional Official Plan Amendment 128 (ROPA 128) contains similar policies on Employment Lands to the PPS and Provincial Growth Plan, in that they encourage the maximization of employment opportunities, the designation of sites having a high degree of exposure and good access for employment intensive uses; they discourage the use of Employment Area lands intended for industrial uses by retail/commercial uses and encourage prestige employment uses with high employment generating capacityand greater architectural detail, landscaping and site controls along Highways and Type A and B Arterial roads. ROPA 128 also contains certain policies that speak specifically to business parks, which have been recognized through this planning proposal. The recent draft decision on ROPA 128 by the Minister of Municipal Affairs (MMAH) suggested that "Offices" and "Business Parks" be removed from Employment Areas, but the Region indicated that based on further discussions with the Province, the Province's primary concern is with offices and business parks being located in parts of Employment Areas that are not adequately served by transit. The Region indicated that they do not support the removal of these uses as it is inconsistent with the definitions for employment areas in both the PPS and the Growth Plan. To address the concern of inadequate public transit the Region modified its policy to encourage offices and business parks to locate along Regional Corridors and highways in Employment Areas. The Technology Business Park is situated along the Highway 2 Regional Corridor and the 401 Highway. Except for this issue, which is hopefully resolved by the Region's changes to ROPA 128, there are no other modifications suggested by MMAH that would affect the Technology Business Park. 8.1.2 As per the directions provided by the Regional policies, the Secondary Plan designates areas for prestige development and specifies design and landscaping controls. The Secondary Plan also introduces urban design guidelines and landscaping standards. 8.2 Clarington Official Plan 8.2.1 The key principles of the Official Plan namely sustainable development, healthy communities and growth management have been recognised through this planning initiative as the basis for the policies for the development of the Technology Business Park such as: REPORT NO.: PSD-099-10 6 global environmental concerns, energy conservation and ecosystem integrity through urban design and sustainability policies and regulations; • the remediation of natural systems through the reinstatement of Bennett Creek and protection of the significant woodlot and natural hedge rows; • personal well being, economic vitality and community identity through the establishment of a unique employment cluster that will further diversify our local economy; • public involvement through public open houses, public notices, the public meeting and ongoing consultation; • urban design excellence through specific urban design standards and zoning regulations that will create a sense of place and unique urban address; and, • .structured growth by directing the development of the Technology Business Park to an area within the urban area of Bowmanville. 8.2.2 One of the key strategic directions in the Official Plan is Economic Development. The proposed Technology Business Park will definitely contribute towards the economic goals of promoting Clarington as a prime business location in the GTA. In addition it assists in creating a community where residents can live in reasonable proximity to their work places. 8.2.3 The Clarington Official Plan designates the lands within the study area "Business Park" and the adopted Secondary Plan Use framework consists of the following: Prestige Employment 1 Area: This area is the gateway to the Technology Business Park and is the most appropriate location for employment intensive uses exhibiting a high standard of building and landscape design. Prestige Employment 2 Area: This area is intended for employment intensive uses exhibiting a high standard of building and landscape design, yet to a lesser degree than those found in Prestige Employment 1 Areas. Prestige Employment 2 will accommodate smaller lot sizes and a required less landscape development than Prestige Employment 1. Light Industrial Area: This area is designated in less visible areas of the site, forms a transitional area between the Prestige Employment area in the east and the existing light industrial area west of Haines Street, and generally caters for higher employment density and more truck traffic Mixed Use Corridor Area: This area is intended for the location of high-order employment, personal service and ancillary uses that will benefit from a high profile location along Highway 2 and complement the function of the Technology Business Park. Environmental Protection Area: This area encompasses natural heritage features, flood line areas and the future re-instated Bennet Creek. REPORT NO.: PSD-099-10 7 A street network of roads that are interconnected, hierarchical and based on a modified grid that responds to the unique characteristics of the site, maximizes property frontages and optimizes vehicular access and movement.. Each of the blocks can be developed. as single lots or further subdivided into smaller parcels. There are three primary roads proposed that help with the creation of a unique and distinctive Technology Business Park, namely: Baseline Road, the main entry road and the east-west spine of the Technology Park, with a right of way width of 36 metres; Discovery Drive, an internal ring road that will link the road network of local and regional roads and provide secondary access throughout the Technology Business Park; and Esplanade Drive, anorth-south street that will visually connect the portion of the park north of Baseline Road with the southern part adjacent to Highway 401, thus providing opportunities for prominent vistas. 9.0 ZONING BY-LAW 84-63 9.1 The majority of the lands within the business park area is currently zoned either "General Industrial (M2)" or Agricultural Exception, while the southern part along Highway 401 is zoned "Light Industrial (M1)". The Holburn site is zoned "General Industrial Exception (M2-17)". A map reflecting the current zonings within the Technology Business Park site is enclosed as Attachment 3. 9.2 Certain zone categories and land use regulations are not in keeping with the vision of the adopted Secondary Plan, which necessitates a zoning by-law amendment. The proposed zoning by-law amendment is discussed in detail in Section 12. 10.0 PUBLIC NOTICE AND SUBMISSIONS 10.1 Open houses were held on June 16, 2005, April 30, 2007 and August 18, 2010. The first open house included presentations by TSH and Urban Strategies on the background work that had been completed. At the second open house the Business Park draft Secondary Plan and proposed urban design guidelines were presented to the public and interested parties. At the open house in August 2010, the revised draft Zoning By- law was presented to the land owners within the business park area; a summary of the open house is contained in paragraph 10.3. 10.2 Public notice with regard to the Statutory Public Meeting on October 15t, 2007 was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. The notice was placed in the local newspaper on September 12, 2007 and September 19, 2007. Staff also met with the property owners in 2008 and proposed solutions to their concerns. Most of the concerns were satisfactorily addressed which is evident from the adopted Secondary Plan, which did not draw any notice of appeal to the OMB. REPORT NO.: PSD-099-10 10.3 Notice of the Secondary Plan Report PSD-079-10 was provided to all property owners and interested parties in advance of the June 21, 2010 General Purpose and Administration Committee meeting. Staff held an Open House with the property owners within the Technology Business Park area on August 18, 2010, at 7:00 pm; eight land business owners were present; they were notified by mail. The Open House began with a presentation by Staff. The presentation outlined the process to date. It also illustrated the goals for the Technology Business Park for the creation of good jobs in Clarington and quality development. The next section of the presentation focused on the proposed zoning by-law designations and the status of existing uses under the proposed regulations. After the presentation, the participants asked questions and provided comments. The following points summarize the issues discussed at the Question and Answer period of the Open House:. • Continuation of existing uses/businesses: All existing legal uses/businesses will. continue to be permitted to operate. Those uses that do not conform to the adopted official plan and implementing zoning by-law will become legal non- cohforming uses with limited expansion rights. • Marketing the property for sale: Property owners can at any time sell their properties and the existing uses will continue to be permitted under the new ownership; for instance farm properties may continue to be marketed and sold as farm properties despite an underlying non-agricultural zoning classification. • Services: Participants were concerned that for, the vision to become a reality, sewer services are required. The Region of Durham is committed to undertaking the Environmental Assessment process as part of Energy from Waste Host Community Agreement. • Base Line Road Extension: The extension of this road is in the capital works plan of the Municipality and will be tied to the provision of services. • Hwy 401 Interchanges: The Plan contemplates the main interchanges in this area taking place at the intersection of 401 and Lambs Road. However, this is subject to the Ministry of Transportation's capital program and priorities. It was communicated to the attendees that a higher priority for the Municipality would be the improvement of the Liberty Street interchange. • Bennett Creek: Re-instituting the Creek is a requirement of the Conservation Authority and will help create a natural corridor within the business park with recreational opportunities. • Woodlot Protection: The identified woodlot will be protected from development and could act as a natural feature in the development of the business park. REPORT NO.: PSD-099-10 9 10.4 Staff also met with the Owners of 582 Lambs Road and 2941 Highway 2 subsequent to the open house. 10.4.1 The Owner of 582 Lambs wanted to know how the future proposed 401 interchange with Lambs Road, would impact her property. Staff explained that the proposed zoning by- law does not impose any restrictions on her site in view of the possible future interchange, since MTO has not put forward any formal position regarding the timing or design of this interchange, nor have they imposed any specific conditions through this planning exercise that would affect her property. 10.4.2 The Owner of 2941 Lambs Road requested that Light Industrial uses also be permitted within the proposed Mixed Use Corridor zone along Highway 2. He expressed the opinion that it would make the sites along Highway 2 more marketable. Staff explained that light industrial uses would be better served in the areas that have already been identified and established through the. adopted Technology Business Park Secondary Plan, namely the Prestige Employment 1 and 2 zones and the Light Industrial zone west of Lambs Road. Furthermore, it was explained that except for a few existing legal light industrial uses on the west end of Highway 2, light industrial uses all along the mixed use corridor would. undermine the vision of the business park that has been adopted by Council; more particularly the character of the mixed use corridor is seen as an important eastern gateway into Bowmanville. 11.0 AGENCY COMMENTS 11.1 The Regional Municipality of Durham has no objection to the planning proposal and confirmed that it is consistent with the Regional Official Plan, Provincial Policy Statement and the Growth Plan. The Region has also exempted the zoning by-law as per By-law 11-2000 from Regional Approval. 11.2 The Engineering Services Staff have been involved in a number of the background studies that have been completed in support of the development of the Technology Business Park. Recommendations from these reports and Engineering Services comments have been incorporated into the Secondary Plan. 11.3 Comments received from the Clarington Heritage Committee indicated that the Technology Business Park area contains 8 cultural heritage resource buildings. Provisions for the protection of these resources were included in the Secondary Plan. 11.4 The Central Lake Ontario Conservation Authority provided comments on the Bennett Creek Master Drainage Plan and also confirmed their support of the final Master Drainage Plan for the business park. 11.5 No other agency comments were received. Specific requirements of agencies would be addressed at the time of subdivision and site plan control. REPORT NO.: PSD-099-10 Page 10 12.0 STAFF COMMENTS 12.1 Following the open house on August 18 with land owners within the business park, Planning Staff carried out an in-depth review of the proposed Zoning By-law within the context of the approved Secondary Plan and the comments provided by the owners. 12.2 The proposed zoning amendment shown in Attachment 4 is consistent with the designations in the adopted Secondary Plan Land Use Map and policies of the Secondary Plan in terms of urban design, landscaping and land use categories. The Technology Business Park zones will consist in part of: • Technology Prestige 1 (MP1) Zone (approx. 29.17 Hectares) - a strip along the 401 Highway and adjacent to the Highway 401/Bennett Road interchange; • Technology Prestige 2 (MP2) Zone (approx. 64.65 Hectares) -the centre part of the Technology Business Park, taking up the majority of the land within the park; • Technology Park Light Industrial (MP3) Zone (approx.25.19 Hectares) -the north western part of the Park which froms the transition between the Prestige zone to the east and the existing light industrial area west of Haines Street; • Technology Park Mixed Use (MP4) Zone (approx. 15.37 Hectares) - a strip along Highway 2, extending to the depth of each lot fronting onto Highway 2; and, • Environnemental Protection (EP) Zone (approx. 11.88 Hectares) -the woodlot in the south-east corner, the (future) re-instated Bennett Creek and and the area within the regional floodline to the south of Baseline Road. 12.3 The development of a distinct and unique cluster of uses is being promoted that will complement the vision of the Technology Business Park. The zoning encourages the relocation of incompatible uses. Existing uses may continue to operate, but the expansion in the floor area of such uses will be subject to specific zoning by-law procedures and consideration of how such expansion may serve or impact the intent of the business park. 12.4 The urban design guidelines and complementary land use standards contained in the Planning Rationale Report have been carried forward into the Secondary Plan and are further articulated in the Zoning By-law to ensure that the Business Park maintains a consistent, high quality image and sense of place, suitable to the Business Park seeking a global profile. 12.5 The Technology Business Park should be developed using the principles of innovation, sustainability and energy conservation, integration, diversity and design excellence. The proposed Zoning By-law will further assist in supporting development that facilitates growth in the Life Science, Information and Communication sectors and seeks to encourage land use patterns and urban design standards that support energy efficient buildings and green development. 12.6 The key components and findings of the Bennett Creek Master Drainage Plan have been incorporated in the planning framework; design policies are included in the Secondary Plan and have been further detailed in the proposed Zoning By-law. REPORT NO.: PSD-099-10 Page 11 12.7 Upon the approval of the zoning by-law, Staff will work with the Region, Clarington Board of Trade and the property owners to consider: the next steps necessary to expedite development and to create partnerships; phased servicing strategies (stomtwater, water, sewage and roads); and a marketing plan and incentive strategy. 13.0 CONCLUSION 13.1 The adopted Technology Business Park Secondary Plan provides a sound basis for the creation of a prestigious technology cluster, in a campus setting, characterized by high quality urban and landscape design. The timely provision of infrastructure and the promotion of the competitive attributes of this business park are principal keys to unlocking the economic potential of these employment lands. The proposed Zoning By- law enclosed in Attachment 5 is another key component in this planning initiative to steer and facilitate the development of this business park area. Staff Contact: Dean Jacobs Attachments: Attachment 1 -Key Map - Technology Business Park site in Bowmanville Attachment 2 - Secondary Plan Land Use Map Attachment 3 - Current zonings within the Technology Business Park site Attachment 4 - Proposed Zoning Map Attachment 5 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's decision: Holburn Biomedical Corp. 720114 Ontario Inc. 812640 Ontario Inc. Edward Jake Snyder Donald James Alford Anglo York Industries Anna Bruno Ronald Cooke Leon and Karen Devera Eugene and Sharon Dupuis East Bowmanville Industrial James and Constance Gawley Ruth and Ellen Gray 1524103 Ontario Ltd. Brian and Kevin Hoskin Jose Ibanez Blake Johnston Terrance Price Barry and Jayne Salisbury Anthony and Sylvian Suanders Elliot and Joan Tremeer Veridian Connectins Inc. Samuel Gale Montgomery John Buddo Ron Cooke Dean Robert Perkin 2037630 Ontario Limited George William Farr Farrview Holdings Inc. Levin Samuel Blagrove Region of Durham Planning Central Lake Ontario Conservation Attachment 1 To Report PSD-099-10 c, z~ } 1, 3Q g avow 3 oevas aav~oia ~ ~ T ' r C9 m ~. w ~. ~ N ~ L a 0 O ~ . y N WOa ll3NN38 V r ~ c % ~ d C ~ O p ff wN a a V O W Z o ~. ~ ~ ~ 0 m ~ _ m • N c, ovoa ~ ~ ~ ~ V a _ ° U o a ~ ~ Z ~ Otl0 ll31M3F1 O Z O Y ~\a d \N ~~d O~ C\~ ~ ~ L r a e U 0 3 a ~~ a~"^~ s 133tl1B tltltl161tltlJ Attachment 2 To Report PSD-099-10 ~o ~~ wa C~ Q }. U a ~ wQ o = J ~~ W ~ Z~~ c~ia g ~ ~- 2Qd ° Wr/1K ~ oa d ~NQ rv o~ Q o U' 7U "~ m~ ~ a Zp7W ~ fA o rc Z v Q z~ oa Urt y~ S2 FQ ••••• • r,, _ > ` i4r~jyy~ r'tt i ~ iYr~}?rr%~ s '`h 44rfF%r%4~ r.I frPPr '~ rf~rt~y,;f o tit r~<<,~~a • ~ a i • • • c f~ : m r} ~ ~ ~ d m • tf~ :~ ¢ ~ «~, • ` ~, • J ~ i ~ ` o . 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Y:^ ~= 'EP,: ,: •y ~s, n~ -~.;EP ~4 ,a'-i`.~, ~.~:EP... ~:~r. ...• .~, .. i. .~ ~ti: • EP, (H)MP2 H MP2 MP2 0 .~- ~ -„~ :."^°~ ~ (H)MP3 :EP's (H)MP2 (H)MP2 z .ikv ,~ ' Z "' W "`~zs _ - _ v ~" _ '•~ 1" EP _ - _ -: - - ,k„~ - - _ - _~_ -, _ - = ~E. ~y _ - _ - _ - - ~H ~MP. 1-s ~•. ., ylGywAY ,_ ° - 401 Clarington Technology Business Park Proposed Zoning THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0.2010. attachment 5 To Report PSD-099-10 being a By-Law to amend By-Law 8463, 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 former Town of Newcastle in accordance .with the policies contained in Amendment No. 57 to the Clarington Official Plan (COPA 2007-0011) to implement the. Clarington Technology Business Park and the rezoning application ZBA 2007-0036;. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of-the Municipality of Clarington enacts as follows: Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing new subsections 23E, 23F, 23G, and 23H as follows: "SECTION 23E 23E TECHNOLOGY PARK PRESTIGE 1 (MP11 ZONE 23E.1 DEFINITIONS For the purposes of this zone, the following definitions apply: Convention Centre: shall mean an establishment having facilities for meetings, seminars, exhibitions, workshops and other similar activities and may include dining facilities to serve participants but does not include sleeping accommodation. Drive-Through Facility: shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Light Industrial Facility: shall mean an industry which is engaged in assembly, manufacturing, fabricating or processing activities within a wholly enclosed building that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, a waste management or processing facility or a waste incineration facility. Research and Development Facility: shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as administrative offices, laboratories, lecture rooms, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. University or College Facility: shall mean an institution of higher learning having authority to award bachelors' and higher degrees, certificates or diplomas. 23E.2 PERMITTED USES No person shall within the Technology Park Prestige 1 (MP1) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) business or administrative office; ii) commercial school; iii) convention centre; iv) factory outlet; v) hotel; vi) light industrial facility; vii) research and development facility; viii) university or college facility; ix) the following uses are permitted as ancillary uses to all of the permitted uses, but does not include adrive-through facility: a) financial office; b) eating establishment; c) printing or publishing establishment; and d) fdness centre. 23E.3 REGULATIONS a. Lot Area (minimum) 1 hectare b. Lot Frontage (minimum) 100 meters c. Yard Requirements (minimum): i) For lots fronting onto Discovery Drive (a future public street) , Bennett Road or Lambs Road Front Yard 30 meters Exterior Side Yard 30 meters Interior Side Yard 6 meters ii) For lots fronting onto other roads Front Yard 8 meters Exterior Side Yard 8 meters Interior Side Yard 6 meters With the exception where the side yard abuts Highway 401 24 meters iii) Rear Yard 10 meters With the exception where the rear yard abuts Highway 401 24 meters d. Lot Coverage (maximum) . 50% e. Building Height (minimum) 9 meters f. Landscape Open Space (minimum) 40% g. Landscaping Strip Width Requirements (minimum) ' i) For lots fronting onto Discovery Drive (a future public street), Bennett Road or Lambs Road Front and exterior side yard 10 meters Rear and interior side yard 4 meters ii) For lots fronting onto other roads Front, rear, exterior and interior side yards 4 meters h. No outside storage or outside garbage facilities shall be permitted. i. Servicing and loading areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. I A maximum of 12 parking spaces are permitted within the required front yard or the exterior side yard. 23F TECHNOLOGY PARK PRESTIGE 2 (MP2) ZONE 23F.1 PERMITTED USES No person shall within the Technology Park Prestige 2 (MP2) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: i) .business or administrative office; ii) commercial school; iii) convention centre; iv) factory outlet; v) light industrial facility; vi) research and development facility; vii) university or college facility; viii) the following uses are permitted as ancillary uses to all of the permitted uses, but does not include adrive-through facility: a) financial office; b) eating establishment; c) printing or publishing establishment; and d) ftness centre. 23F.2 REGULATIONS a. Lot Area (minimum) 8000 m' b. Lot Frontage (minimum) 80 meters c. Yard Requirements (minimum) For lots fronting onto Discovery Drive or Innovation Drive (future public streets), Baseline Road, Bennett Road, and Lambs Road a) Front Yard 18 meters With the exception that on Esplanade Drive the setback 26 meters b) Exterior Side Yard 18 meters With the exception that on Esplanade Drive the setback 26 meters c) Interior Side Yard 6 meters With the exception that an interior side yard abutting an Environmental Protection Zone or any lands dedicated for publicly owned stormwater retention facilities 3 meters d) Rear Yard 6 meters With the exception that a rear yard abutting Discovery Drive or Innovation Drive (future public streets), Baseline Road, Bennett Road, and Lambs Road 18 meters With the exception that on Esplanade Drive the rear yard setback 26 meters WRh the exception that a rear yard abutting the MP4 Zone 10 meters With the exception that a rear yard abutting an Environmental Protection Zone or any lands dedicated for publicly awned stormwater retention facilities 3 meters ii) For lots fronting onto other roads (minimum) Front Yard 8 meters Exterior Side Yard 8 meters Interior Side Yard 6 meters Rear Yard 6 meters With the exception that a rear yard abutting the MP4 Zone 10 meters d. Lot Coverage (maximum) 60% e. Building Height (minimum) 9 meters f. Landscape Open Space (minimum) 30% g. Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Discovery Drive , Innovation Drive and Esplanade Drive (future public streets), Baseline road, Bennett Road or Lambs Road Front and exterior 1D meters Rear and interior side yard 3 meters ii) For lots fronting onto other roads Front and exterior side yards 3 meters Interior Side and Rear Yard 2 meters h. No outside storage or outside garbage facilities shall be permitted. Servicing and loading areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. A maximum of 12 parking spaces are permitted within the required front yard or the exterior side yard:' 23G TECHNOLOGY PARK LIGHT INDUSTRIAL (MP31 ZONE 23G.1 PERMITTED USES No person shall within the Technology Park Light Industrial (MP3) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: i) business or administrative office; ii) commercial school; iii) factory outlet; iv) light industrial facility; v) research and development facility; vi) university or college facility; vii) warehousing within a wholly enclosed building, ancillary to a permitted use. viii) the following uses are permitted as ancillary uses to all of the permitted use, but does not include adrive-through facility: a) financial office; b) eating establishment; and c) printing or publishing establishment. 23G.2 REGULATIONS a. Lot Area (minimum) 4000 m' b. Lot Frontage (minimum) 50 meters c. Yard Requirements (minimum) i) For lots fronting onto Lambs Road a) Front yard and exterior side yard 18 meters b) Interior Side Yard 4 meters With the exception that an interior side yard abutting an Environmental Protection Zone 3 meters c) Rear Yard 4 meters With the exception that a rear yard abutting Lambs Road 18 meters With the exception that a rear yard abutting the MP4 Zone 1 D meters With the exception that a rear yard abutting an Environmental Protection Zone 3 meters ii) Far lots fronting onto other roads (minimum) a) Front yard and exterior side yard 6 meters b) Interior Side Yard 4 meters c) Rear Yard 4 meters With the exception that a rear yard abutting the MP4 Zone is 10 meters With the exception that a rear yard abutting the restored portion of the Bennett Creek is 3 meters d. Lot Coverage (maximum) 60% e. Landscape Open Space (minimum) 20% f. Building Height (minimum) 6 meters g. Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Lambs Road a) Front and exterior 10 meters b) Rear and interior side yard 2 meters ii) For lots fronting onto other roads a) Front and exterior side yards 4 meters b) Interior Side and Rear Yard 2 meters h. A maximum of 6 parking spaces are permitted within the required front yard or the exterior side yard. 23G.3 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS Servicing, loading and garbage areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. 23G.4 REGULATIONS FOR OUTSIDE STORAGE a. Outside storage is limited to maximum of 25% of the building area and a maximum of 10% of the lot and it must be screened from public view and adjacent properties. b. Maximum height of outdoor storage area 3 meters c. Outside storage of materials shall be screened from public streets adjoining the lot by a combination of buildings, berms or landscaping. 23H TECHNOLOGY PARK MIXED USE CORRIDOR (MP41 ZONE 23H.1 PERMITTED USES No person shall within the Technology Park Mixed Use (MP4) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defned in Sections 2 and 23E.1: i) business or administrative office; ii) commercial school; iii) dwelling units existing at the date of passing of this by-law; iv) research and development facility; and v) the following uses are permitted as ancillary uses to all of the permitted non-residential uses, but does not include adrive-through facility: a) financial office; b) eating establishment; c) printing or publishing establishment; d) fitness centre; and e) day care centre. 23H.2 REGULATIONS a. Lot Area (minimum) 3000m' b. Lot Frontage (minimum) 40 meters c. Yard Requirements i) Front Yard and Exterior Side Yard 4 metres (minimum) to 8 meters (maximum) ii) Interior Side Yard (minimum) 2 meters iii) Rear Yard (minimum) 10 meters With the exception that adjacent to lands designated for publicly owned stormwater retention facilities the setback is 3 meters d. Lot Coverage (maximum) 60% e. Landscape Open Space (minimum) 20% f. Building Height 2 storeys(minimum) and 3 storeys (maximum) g. Landscaping Strip Width Requirements (minimum) i) Front Yard and Exterior Side Yard 4 meters ii) Interior Side Yard and Rear Yard 2 meters 23H.3 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS a. Servicing, loading and garbage areas shall be located in the rear or interior side yard and shall be screened from view. Servicing, loading and garbage areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. 23H.4 REGULATIONS FOR OUTSIDE STORAGE a. No outside storage or outside garbage facilities shall be permitted." Schedule "1" to By-Law 64-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception 13 (A-13) Zone" to "Holding -Technology Park Mixed Use ((H) MP4) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Technology Park Mixed Use ((H) MP4) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Technology Park Prestige Employment 1((H) MP1) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Technology Park Prestige Employment 2 ((H) MP2) Zone"; "Agricultural Exception (A-1) Zone" to "Environmental Protection Zone"; Light Industrial (M1) Zone" to "Holding -Technology Park Prestige Employment 1((H) MP1) Zone"; "Light Industrial (M1) Zone" to "Environmental Protection Zone"; "General Industrial (M2) Zone" to "Environmental Protection Zone'; General Industrial (M2) Zone" to "Holding -Technology Park Prestige Employment 1((H) MP1) Zone"; "General Industrial (M2) Zone" to "Holding -Technology Park Light Industrial ((H) MP3) Zone"; "General Industrial (M2) Zone" to "Holding -Technology Park Mixed Use ((H) MP4) Zone'; "General Industrial Exception 17 (M2-17) Zone" to "Technology Park Prestige Employment 2 (MP2) Zone'; "Holding -General Industrial Exception 17 ((H) M2-17) Zone' to "Holding - Technology Park Prestige Employment 2 ((H) MP2) Zone"; "Holding -General Industrial Exception 17 ((H) M2-17) Zone" to "Holding - Technology Park Mixed Use ((H) MP4) Zone"; "Holding -General Industrial Exception 17 ((H) M2-17) Zone" to "Environmental Protection Zone'; and "General Industrial Exception 17 (M2-17) Zone" to "Environmental Protection Zone'; as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 17(2) and 34 (21) of the Planning Act, R.S.O: 1990. By-Law read a first time this day of 2010 By-Law read a second time this day of 2010 By-Law read a third time and finally passed this day of 2010 Jim Abemetfty, Mayor Patti L .Barrie, Municipal Clerk This is Schedule "A" to By-/aw 2010- passed this day of , 2010 A,D, ~ Zoning Change: From "A-1" To "EP" 0 From "M1" To "EP" ®From "M2" To "EP" ~ From "(H)M2-17" To "EP" ®From "M2-17" To "EP" Jim Abernethy, Mayor .Potti L. Barrie, Municipal Clerk ® From "A-1" To "(H)MP1" ®From "M1" To "(H)MP1" ®From "M2" To "(H)MP1" ®From "A-1" To "(H)MP2" From "(H)M2-17" To "(H)MP2" ~ From "M2-17" To "MP2" ®From "M2" To "(H)MP3" ~ From "A-1" To "(H)MP4" ~~' From "A-13" To (H)MP4" ® From "M2" To "(H)MP4" ti~%s'=~ From "(H)M2-17" To "(H)MP4"