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HomeMy WebLinkAboutComments A2020-0003 150 Baseline RoadClarbgton Planning Services Committee of Adiustment Date of Meeting: June 25, 2020 File Number: A2020-0003 Report Subject: An application to temporarily permit outside storage on an industrial lot without a principal building on the lot. Recommendations: That the Report for Minor Variance Application A2020-0003 be received; 2. That all written comments and verbal submissions are considered in Staff's deliberation of this application; 3. That application A2020-0003 for a minor variance to Section 24.1.b.x) and 24.3.a. of Zoning By-law 84-63 to permit outside storage on an industrial lot without a principal building for a period of two years from the date the decision for this minor variance is final and binding be approved as it is minor in nature, is desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan on the following condition: • That a 2.4 metre (8 foot) high solid wood fence be constructed along the front lot line and a front portion of the easterly side lot line to screen the materials from public view be installed within sixty (60) days from the date of this Committee of Adjustment meeting; and 4. That Municipal Law Enforcement be advised of the Committee's decision; and 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0003 1. Application Details 1.1 Owner/Applicant 1.2 Proposal: 1.3 Area of Site: 1.4 Location: 1.5 Legal Description 1.6 Zoning: 1.7 Clarington Official Plan Designation: 1.8 Durham Regional Official Plan Designation: Ben Ciceri, Westmoreland Commercial Inc. Page 2 Minor variance to Section 24.1.b.x) and 24.3.a. of Zoning By- law 84-63 to temporarily permit outside storage on an industrial lot without a principal building. 0.6 hectares 150 Baseline Road East, Bowmanville (see Figure 1) Part Lot 9, Concession 1, Former Township of Darlington General Industrial (M2) Zone General Industrial Areas Environmental Protection Areas Employment Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0003 WAY CRESCENT L0T:10 PARKWAYAVENUE Y PARKWAY CRES F SIMPSON A rye JJ ay vi �c LOT: 10 ZON: BF BASEUNE RC LOT: 9 CON: BF HIGHWAY ao 1 Property Location Map (Bowmanville) - Area Subject To Minor Variance 150 Baseline Road, Bowmanville A2020-0003 so W Page 3 1.aAe Onrati Figure 1: Location Map Municipality of Clarington Committee of Adjustment A2020-0003 2. Background Page 4 2.1 In November of 2019 the property owner was served with a Notice of Violation from Clarington's Municipal Law Enforcement Division regarding construction material being stored outside on the property without a principal building on the lot. 2.2 Within Zoning By-law 84-63 outside storage is permitted in the "General Industrial (M2) Zone", provided the outside storage of goods and materials are accessory and incidental to a permitted use. The By-law also requires outside storage to be located in the rear or interior side yard of a principal building and not be located closer to a public street than any principal building located on the same lot. 2.3 The subject property is being used to store construction material outside without a principal use or building. In December of 2019 the owner applied for a minor variance to temporarily permit the outside storage of materials without a principal building on the lot. The owner stated an application for site plan approval would be submitted for at a second property in Bowmanville, located at 505 Lake Road. This property is proposed to be the head office for the owner's company. The proposal will include outside storage that is accessory to a permitted use and will include a building on the lot. The owner ensures that following site plan approval, 505 Lake Road will have the capacity to store all the construction materials currently on 150 Baseline Road. 2.4 On Planning Staff's recommendation, at the January 23, 2020 meeting, the Committee of Adjustment adopted a motion to table the application for sixty days to allow the applicant to submit a site plan application for 505 Lake Road, Bowmanville. 2.5 On May 6, 2020, the owner submitted this site plan application for 505 Lake Road. It is anticipated that it will take approximately two years to obtain site plan approval, develop the site and construct the proposed building, and move the materials stored at 150 Baseline to 505 Lake Road. 2.6 On May 19, 2020, the owner met with Planning staff about the minor variance and site plan applications, particularly about timelines for the 505 Lake Road site and screening the materials at 150 Baseline. In consultation with staff, on May 28, 2020 the owner stated they will have an 8 foot (2.4 metre) high solid board fence installed on the front property line and front portion of the easterly side property line. The owner stated the property is already screened on the west side from existing hedging. Planning staff agreed to this and have included this proposal as a condition of approval of this minor variance application. 2.7 On June 11, 2020, the owner contacted staff to inform the Municipality that they have the materials on hand, but are waiting for a locating company to provide the location of any services or utilities on the site, and that once they receive these `locates,' they will begin installation of the fence. Municipality of Clarington Committee of Adjustment A2020-0003 GE Figure 2: Proposed fence location 3. Land Characteristics and Surrounding Uses Page 5 3.1 The subject property is located on the north side of Baseline Road East, just west of Mearns Avenue (see Figure 1). The property is 0.6 hectares with an approximate frontage of 43.4 metres and an approximate depth of 138.1 metres. There is no building located on the lot. There is construction material being stored outside on the property. 3.2 The surrounding uses are as follows: North: Woodlot & Visual Arts Centre West: Soper Creek Valley and beyond Residential East: Commercial/Industrial South: Industrial Municipality of Clarington Committee of Adjustment A2020-0003 4. Public Notice Page 6 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 In response to the notice for the January meeting, Planning Staff received a phone call and letter from a business owner across the road from the subject property. The letter dated January 23, 2020 has been provided to Committee Members. The letter outlines the unsightliness of the materials on the property, potential safety issues, and states that the minor variance as requested is not consistent with the Municipality's vision and intent for industrial lands. In part due to these concerns, Staff have included the condition that the materials be screened from public view and that the outdoor storage be temporary. 4.3 In response to the notice for this June 25th meeting, Staff have not received any enquiries about the application. 5. Departmental Comments 5.1 Clarington Engineering Services Department provided the following comments: If the applicant will be creating a new entrance to the site from Baseline Road, they will require an entrance permit from the Municipality. If they are accessing from the adjacent property, they will not require an entrance permit. 2. If they are changing any grades on site, we will require a grading plan that illustrates the changes and no adverse impact to the adjacent properties. If they are using the site temporarily for a period of two years and the only work they are doing is installing a fence around the property, Engineering does not have any concerns. 5.2 Clarington Building Division have no concerns with the application. 5.3 Clarington Emergency and Fire Services Department have no concerns with the application. 6. Discussion Conformitv with the intent and purpose of the Reaional and Clarinaton Official Plans 6.1 The Durham Region Official Plan designates the land as an Employment Area which includes the storage of goods and materials as a permitted use. The Clarington Official Plan designates the land as an Employment Area and more specifically as a General Industrial Area. Policies relating to outdoor storage in General Industrial Areas include that the outdoor storage not exceed 100% of the total floor area of the building, be located in the rear of the property, and be appropriately screened through various means including fencing. Municipality of Clarington Committee of Adjustment A2020-0003 Page 7 6.2 While the applicant's business is of an industrial nature and suited to the area, the issue of outdoor storage without a building is not entirely in conformity with Clarington's Official Plan. However, given the fact that the minor variance application to permit outdoor storage only temporarily and with the condition that it be screened from public view, it is Staff's opinion that the proposal, with the recommended conditions, is in conformity with the intent of the Official Plans. Conformity with the intent and purpose of the Zoning By -la 6.3 The subject property is zoned General Industrial (M2) in Zoning By-law 84-63, which permits a contractor's or tradesman's workshop and yard. However, the zone contains specific regulations for outdoor storage and are similar to the Official Plan policies outlined above. Outdoor storage is to be located in the rear or interior yards, be at least 1.2 meters from a lot line shared with another property zoned for industrial uses, 5 metres from a public street, and does not cover more than 70% of the total lot area. Further, all outdoor storage must be screened from public view by fencing or plantings at least 1.8 metres in height. 6.4 Since the application is to permit outdoor storage without a building, there is not, technically, a rear or side yard. However, the applicant will have to conform or exceed all other regulations. The outdoor storage must be 1.2 metres from side and rear property lines and at least 5 metres from the front property line. The applicant has agreed to install a 2.4 metre high solid wood fence along the front and easterly side yard. 6.5 Since the applicant will need to comply with the required setbacks for outdoor storage, and will be installing a screening fence, it is Staff's opinion that the proposal, with the recommended conditions, conforms to the intent of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2020-0003 Page 8 Figure 3: View of site where proposed fence will be installed Desirable for the appropriate development or use of land, building, or structure 6.6 The appropriate development for the subject property is industrial. The current use fits within that defined use. Outdoor storage is also a permitted use by both the Official Plan and the Zoning By-law, though not without a principle building and subject to regulations. This means that, were the applicant to construct a building on the site, the outdoor storage would be permitted subject to regulations. 6.7 The application is to allow a permitted use, but without the principle building. Concerns raised about the visual look will be addressed by the 2.4 metre high solid wood fence. Furthermore, the application is for a temporary use and this report recommends the permission expire in two years. 6.8 For the above stated reasons, it is staff's opinion that the minor variance requested, with the recommended conditions, is an appropriate temporary use of the industrial land. Minor in Nature 6.9 Outdoor storage is permitted by both Official Plans and the Zoning By-law, albeit with the condition there is a principle building. While the subject property does not have a building, the variance requested is for the temporary permission for outdoor storage. This permission is recommended to expire in two years. A condition of approval is that the applicant install a 2.4 metre high solid board fence to screen the stored materials from public view. The fence must be installed sixty days from the date of this Committee of Adjustment meeting. Municipality of Clarington Committee of Adjustment A2020-0003 Page 9 6.10 For the above stated reasons, it is staff's opinion that permitting outdoor storage on a temporary basis, subject to the recommended conditions, is minor in nature. 7. Conclusion 7.1 Given the above comments, Staff would recommend application A2020-0003 to permit outside storage on an industrial lot without a principal building on the lot for a period of two years from the date the decision for this minor variance is final and binding be approved subject to the following condition: That a 2.4 metre (8 foot) high solid wood fence be constructed along the front lot line and a front portion of the easterly side lot line to screen the materials from public view. The fence must be installed within sixty days from this Committee of Adjustment meeting. Submitted by: Cynthia Strike, Principal Planner, Development Review Branch The following is a list of the interested parties to be notified of Committee's decision: Ben Ciceri, Westmoreland Commercial Inc.