HomeMy WebLinkAboutPSD-099-10 AddendumUnfinished Business
Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 27, 2010 Resolution#:G~'`/4~'/oBY-law#: a0/O'~3~
Addendum to
Report #: PSD-099-10 File #: ZBA2007-0036,
COPA 2007-0011 & PLN 14.10
Subject: PROPOSED ZONING 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 lifted from the table;
2. THAT Report PSD-099-10 and Addendum to Report PSD-099-10 be received;
3. THAT Schedule'A' to the Zoning By-law, the final page of Attachment 5 in Report PSD-
099-10 be replaced with Schedule "A" to the Zoning By-law as shown on Attachment 1
to Addendum Report PSD-099-10;
4. THAT the proposed Zoning By-law contained in Attachment 5 to Report PSD-099-10
(as revised by Recommendation 3) be passed; and
5. THAT all interested parties listed in Addendum to Report PSD-099-10 and any
delegations be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830
ADDENDUM TO REPORT NO.: PSD-099-10 PAGE 2
Submitted by: L ~"f Reviewed by:
e angmai , FCSLA, MCIP
Acting Director of Planning Services
~~~
Franklin Wu,
Chief Administrative Officer
DJ/COS/df/sn
September 22, 2010
ADDENDUM TO REPORT NO.: PSD-099-10.
PAGE 3
1.0 BACKGROUND
1.1 On September 13, 2010 staff submitted a recommendation Report PSD-099-10 to the
General Purpose and Administration Committee. The report sought 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.
1.2 At the meeting Council heard the following delegation:
Blair McEwen, owner and President of Bowmanville Wood Products located at 261 and
275 Baseline Road informed the Committee that he had purchased two properties
adjacent to each other to start a pallet business. Mr. McEwen apologized to the
Committee for not attending the recent public open house meeting on August 18, 2010
regarding the zoning by-law amendment as he had previously believed that the
amendment did not affect him. He stated that he has concerns with section 23 G.
regarding outside storage. He stated that he is concerned that if the pallet business
changes in the future and he is unable to continue his business, that he would not be
able to change to a new business which requires significant outside storage. Mr.
McEwen also stated that he would have difficulty selling his property. He asked that if
Bowmanville Wood Products has to change their business within the next 15 years the
sections 23G.4 a., b. and c. concerning outside storage be suspended for his property
and any new type of outside storage business started by Bowmanville Wood Products
be grandfathered.
1.3 The Committee recommended that report PSD-099-10 be tabled to grant Mr. Blair
McEwan of Bowmanville Wood Products a further opportunity to discuss his concerns
regarding the proposed Zoning By-law for the Technology Business Park with Planning
Staff.
2.0 DISCUSSION
2.1 Planning Staff met with Mr. McEwan to discuss his concerns regarding the proposed
Zoning By-law, on September 20, 2010.
2.2 Staff explained to Mr. McEwan that the vision and land use framework for the
development of the Technology Park, which includes one of his properties (275
Baseline Road) have been established in consultation with the community and the
Official Plan amendment and Secondary Plan have already been adopted by Council.
The adopted Secondary Plan sets the long term vision for the development of the
business park. The proposed Zoning By-law cannot accommodate any possible
eventuality in the future. The proposed Zoning By-law contains certain provisions e.g.
the minor variance process, that can be employed to vary certain requirements.
Alternatively, any land owner can apply for a rezoning or official plan amendment if
future circumstances require a re-assessment of a land use or a regulation. Staff
confirmed that the current wood pallet business would be able to continue under the
new zoning by-law regulations as legal non-conforming. The upgrading of infrastructure
services in the area and the implementation of the Secondary Plan policies in the
ADDENDUM TO REPORT NO.: PSD-099-10 PAGE 4
business park area could in fact improve the marketability of his site, should he decide
to sell it in the future.
2.3 Mr. McEwan was generally satisfied with Staffs explanation and response to his
concerns. He referred to proposed Schedule "A" to the Zoning By-law and expressed
concern over a broken line running southwards across his property (261 Baseline
Road), which seems to indicate a future road alignment for the southward extension of
Haines Road. Staff indicated that if this is an unopened road allowance it does not form
part of any future road network planned for this area.
2.4 Engineering Services have subsequently confirmed that there is no road allowance for
Haines Street south of Baseline Road. Subsequently Schedule "A" to the proposed
Zoning By-law (the last page of Attachment 5 to Report PSD-099-10) has been revised
by removing the broken line running parallel to the western boundary of the business
park area and south of Baseline Road, across Mr. McEwan's property, from the
schedule and replacing it with revised Schedule "A", Attachment 2 to this addendum
report.
3.0 CONCLUSION
3.1 It is recommended that the proposed Zoning By-law contained in Attachment 5 to
Report PSD-099-10, be adopted with Attachment 1 from this Addendum Report be
substituted for Schedule "A" to the Zoning By-law.
Staff Contact: Dean Jacobs
Attachments:
Attachment 1 - PSD-099-10
Attachment 2 - Revised Schedule "A" to the Zoning By-law
List of interested parties to be advised of Council's decision:
Holburn Biomedical Corp.
720114 Ontario Ina
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 Cawley
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
CLOC
Attachment 1
To Addendum Report PSD-099-10
CIarJ~tgton R ____--
~odt~grhe way E P ~ RT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date; September 13, 2010 Resolution #: By-law #:
Report #: PSD-099-10 File #: ZBA2007-0036,
COPA 2007-0011 & PLN.14.10
Subject: PROPOSED ZONING 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 wntained 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: !i M-~ .Reviewed by: ~' "'"~"~-'~'-'-'
y Langm , FCSLA, MCIP Franklin Wu,
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 (90523-3379 F (90523-0830
8-94
REPORT NO.: PSD-099-10 Page 2
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)
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, 201 D, 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
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, spools/spa's
REPORT NO.: PSD-099-10 Page 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 economic 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, asset 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
capacity and 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 nonsupport 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
s
• 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 desigh 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 Employmenf 7 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
higheremployment 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 1St, 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
8
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 useslbusinesses: 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-
lawdoes 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 thafwould 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
cdrridor 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 Plah, 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 ihvolved 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
12.0 STAFF COMMENTS
10
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 ih 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 (stormwater, 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-
lawenclosed 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
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 6e advised of Council's decision
Holburn Biomedical Corp. Anthony and Sylvian Suanders
720114 Ontario-Inc. Elliot and Joan Tremeer
812640 Ontario Inc. Veridian Connectins Inc.
Edward Jake Snyder Samuel Gale Montgomery
Donald James Alford John Buddo
Anglo York Industries Ron Cooke
Anna Bruno .Dean Robert Perkin
Ronald Cooke 2037630 Ontario Limited
Leon and Karen Devera George William Farr
Eugene and Sharon Dupuis Farrview Holdings Inc.
East Bowmanville Industrial Levin Samuel Blagrove
James and Constance Gawley Region of Durham Planning
Ruth and Ellen Gray Central Lake Ontario Conservation
1524103 Ontario Ltd.
Brian and Kevin Hoskin
Jose Ibanez
Blake Johnston
Terrance Price
Barry and Jayne Salisbury
IILIPV
To Report PSD-099-10
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Clarington Technology Business Park Proposed Zoning
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2010-
being a By-Law to amend By-Law 64-63, the Comprehensive Zoning By-
law for the Corporation of the Municipality of Clarington
r~nacnmenc o
To Report PSD-099-10
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 ehacts as follows:
1. 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 fallowing 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, laboratodes, 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) fitness centre.
23E.3 REGULATIONS
a. Lot Area (minimum) 1 hectare
b. Lot Frontage (minimum) 100 meters
c. YaM Requirements (minimum):
i) For lots fronting ohto 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 S 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), Be nnett
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 arid 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.
j. A maximum of 12 parking spaces are permitted within the required front yard or
the exterior side yard.
23F TECHNOLOGY PARK PRESTIGE 2 tMP2) 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) lightindustrialfacility;
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) fitness centre.
23F.2 REGULATIONS
a. Lot Area (minimum) 8000 m~
b. Lot Frontage (minimum) 80 meters
c. Yard Requirements (minimum)
i) For lots fronting onto Discovery Drive or Innovation Drive (future public
streets), Baseline Road, Bennett Road, and Lambs Rcad
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 lahds 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
Wdh the exception that on Esplanade
Drive the rear yard setback 26 meters
With 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
owned stormwater retention facilities 3 meters
ii) For lots fronting onto other roads (minimum)
Front Yard S meters
Exterior Side Yard 6 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 10 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 fMP3) 20NE
23G.7 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 developmentfacility;
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) fnancial 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)
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 10 meters
With the exception that a rear yard abutting an
Environmental Protection Zone 3
meters
ii) For 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, aHer 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) 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
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
Wdh 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) InteriorSide Yard and Rear Yard 2 meters
23H.3 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS
a. Servicing, Idading 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 84-63, 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) M2-97) 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
Zane";
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) ofthe 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 Abernethy, Mayor
Patti L .Barrie, Municipal Clerk
This is Schedule °°A°° to By--law 20?0- ,
,passed this gray of , 2090 A.D,
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Zoning Changer
®From "A-1'r To "EP"
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~ From eM2" To "EP"
[o~.]° From "(H)M2-17" To`"EP"
®From "M2-17" To "EP"
Jim Abernethy, Mayor
Patti 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"
.~ From "(H)M2-17" To "(H)MP4"
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This is Schedule "A" to By-law 2070- ,
passed this day 'of , 200 A,D.
Zoning Change:
From "A-1" To "EP"
From "M1" To "EP"
®From "M2" To "EP"
o® From "(H)M2-17" To "EP"
®From "M2-17" To "EP"
Jim Abernethy, Mayor
Patti 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"
Q From "A-13" To (H)MP4"
® From "M2" To "(H)MP4"
rt~r~; From "(H)M2-17" To "(H)MP4"
Attachment 2
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