HomeMy WebLinkAboutPSD-010-05
Cl{Jl-!llglOn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, January 24, 2005
Report #: PSD-010-04 File #: ZBA 2004-056
/{f/jJ- Q.271- (y~
By-law #:
Subject:
BULK STORAGE TANKS IN GENERAL INDUSTRIAL (M2) ZONES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-010-05 be received;
2. THAT the rezoning proposal be referred back to Staff for further processing and
preparation of a subsequent report; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
Da'd . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:, )~~
Franklin Wu,
Chief Administrative Officer
SAlCP/DJC/df
January 19, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
~ 606
REPORT NO.: PSD-010-05
PAGE 2
1.0 BACKGROUND
1.1 At the November 15, 2004 General Purpose and Administration Meeting, Staff were
directed by Council resolution to "prepare an amendment to the zoning by-law to
eliminate bulk storage tanks and related uses as a permitted as-of-right use in the M2
(General Industrial) Zone and be authorized to hold a public meeting on this proposed
amendment at the earliest possible date". This report will review a number of
considerations relevant to bulk storage tank establishments and lay the groundwork for
the amendment to the zoning by-law.
1.2 The Clarington Zoning By-law, 84-63, does not have a definition of Bulk Storage Tank,
however is does define Bulk Fuel Storage Tank as "a tank for the bulk storage of
petroleum, diesel or other fuels, oil, gas or flammable liquid or fluid but does not include
a container for flammable liquid or fluid legally and properly kept in a retail store or a
tank for storage merely incidental to some other use of the premise where such tank is
located".
It would appear that there was an error in the drafting of the original by-law where the
defined term (bulk fuel storage tank) was listed incorrectly in the permitted uses section
of the M2 zone by omitting the word "fuel" (ie. bulk storage tank).
For the purpose of this report, it is assumed that bulk (fuel) storage tanks would be the
use eliminated. Most other types of bulk storage tanks (grain, milk, flour, etc.) would be
utilized as an accessory component to another use or would qualify under another
defined use (eg. a warehouse).
2.0 EXISTING BULK FUEL STORAGE FACILITIES AND ZONING REQUIREMENTS IN
CLARINGTON
2.1 Currently the Clarington Zoning By-law identifies bulk storage tanks to be a permitted
industrial use in the "General Industrial (M2) Zone". A number of exception zones that
include bulk storage tanks as a permitted used include the "General Industrial Exception
(M2-6)", "General Industrial Exception (M2-11)", "General Industrial Exception (M2-12)",
"General Industrial Exception (M2-13)", "General Industrial Exception (M2-14)", and
"General Industrial Exception (M2-15)" Zones. With the exception of the M2-6 Zone,
none of the exception zone contains bulk (fuel) storage tank uses.
2.2 Staff have identified five bulk fuel storage facilities and one vacant parcel with zoning of
bulk fuel storage in Clarington. The existing facilities and their zoning are identified as
follows:
Location
4333 Hi hwa 2, Newtonville
350 Lake Road, Bowmanville
10 Sturrock Avenue, Bowmanville
40 Port Darlin ton Road, Bowmanville
119 Ci as Road, Courtice
26 Church Lane, Newtonville
607
Zonin
A-56
M1-7
M2-6
M2
M2
C3-1
REPORT NO.: PSD-010.05
PAGE 3
The Imperial Oil site, known as the former Harrison Fuels depot, on Sturrock Avenue in
Bowmanville was vacated when the bulk fuel facility was relocated to Lake Road. The
only permitted use for these lands in the zoning by-law is a bulk fuel storage facility,
The old Skelding Fuels site on Church Lane in Newtonville was a gas station and bulk
fuel distributor until about 1994. The gas pumps and tanks still exist, are working, are
used privately and are inspected regularly, but is no longer a commercial establishment.
There are no fuel products for sale on the property. The zoning at this time is C3-1,
which permits a bulk fuel distribution establishment. Staff proposes to examine the use
and zoning of this property further through the comprehensive zoning by-law review.
3.0 OFFICIAL PLAN POLICIES
3.1 The Durham Region Official Plan is very general and permits a variety of uses in the
Employment Area including "storage of goods and materials" and "warehousing". The
Municipality of Clarington is permitted to be more restrictive than the Regional Plan.
3.2 The Clarington Official Plan states that in the "General Industrial" designation the
predominant use of lands shall be for, among other uses, ... "storage operations".
While other forms of storage operations will continue to be permitted, once the
proposed amendment is approved, new bulk (fuel) storage establishments will require
rezoning to be permitted in the General Industrial zone.
4.0 PUBLIC NOTICE AND SUBMISSION
4.1 Public notice was given in the Clarington This Week on December 22, 2004, on the
Municipal website, and on the information screens in the main lobby of the Municipal
Administrative Centre, running from December 16, 2004 to January 25,2005.
4.2 Two inquiries were received following the newspaper advertisement, but each inquiry
was from persons calling on behalf of their companies who have a bulk (fuel) storage
tank use related to their permitted use. Neither operate solely a bulk (fuel) storage tank
business on their sites.
4.3 This zoning by-law amendment was not circulated to any agencies for comment as the
by-law is becoming more restrictive than permissive.
5.0 IMPACT ON EXISTING BULK STORAGE ESTABLISHMENTS
5.1 The impact of deleting bulk (fuel) storage tanks is reviewed under four categories:
. Sites rendered legal non-conforming;
. Sites retaining special exception zoning;
. Sites needing additional zoning measures; and
. Sites for new facilities requiring rezoning
608
REPORT NO.: PSD-010-05
PAGE 4
5.2 Sites Rendered Legal Non-conforming
Existing bulk (fuel) storage establishments in the M2 Zone become legal non-
conforming uses by this zoning by-law amendment. They have an established right
under the existing zoning by-law and may continue operations as they exist today. The
Caledon Propane and Cigas Propane operations would be affected. The Caledon
Propane facility would retain a legal non-conforming status because of its involuntary
discontinuation of its operations. Any proposed expansion to a legally existing bulk fuel
storage facility would require a Committee of Adjustment approval and an approved site
plan or site plan amendment.
5.3 Sites Retaining Special Exception Zoning
The Imperial Oil site at 350 Lake Road, the Cooper Fuels site at 4333 Highway 2 and
the former Skelding Fuels site at 26 Church Lane would retain their existing zone
permissions and could therefore expand in compliance with the zone provisions. Both
the Imperial Oil and Cooper Fuels sites have site specific zoning and approved site
plans and would require amendment to site plan approval for any expansion.
5.4 Sites Requiring Additional Zoning Measures
The Imperial Oil Limited lands zoned M2-6 at 10 Sturrock Avenue (a 0.49 ac site) have
a site specific zoning that was carried forward from the original Bowmanville Zoning By-
law, By-law 1587. The only permitted use is a bulk fuel storage tank and related uses.
This use was relocated to 350 Lake Road, where they established an underground bulk
fuel storage facility by rezoning (1991) and site plan approval (1994). All remaining
buildings at 10 Sturrock Avenue were demolished in 1997. It is proposed to rezone
these lands to address the intent of Council's resolution. The new zone proposed for 10
Sturrock Avenue must be in conformity with the Clarington Official Plan, which
designates the property Special Policy Area E, with an underlying Low Density Urban
Residential designation. The objective of this designation is to recognize existing
industrial uses and to provide alternative redevelopment land use, in keeping with
surrounding residential use.
Staff propose to introduce a new zone, and zone this property "Future Development
(FD)". The "FD zone" would permit the following uses:
. existing uses; and
. conservation
To rezone to permit other uses, the proponent would have to satisfy the Municipality
that soil conditions, and ground and surface water conditions on the site are suitable for
the proposed use. Given the brownfield nature of the site and its proximity to both
residential and heavy industrial uses, this is the best zone category until a detailed
redevelopment proposal is prepared and considered by Council.
5.5 Sites for New Facilities
The elimination of the bulk (fuel) storage tank and related uses from the list of permitted
uses in the M2 zone would require that any proposed new facility apply for rezoning on
a site specific basis. This would include a full review of the spatial separation
requirements from sensitive uses and help to ensure that only the most appropriate
609
REPORT NO.: PSD-010-05
PAGE 5
locations can be considered for a potentially hazardous use. All new facilities would also
be subject to the site plan approval process.
Given what we have learned from the Caledon Propane Fire, this is the most
appropriate framework to adopt until such time as the matter can be reviewed in more
detail in the context of a Zoning By-law update.
6.0 RECOMMENDATION
6.1 As the purpose of this report is to satisfy the requirements for a Public Meeting under
the Planning Act, it is respectfully requested that this report be referred back to Staff for
further consideration and the preparation of a subsequent report.
Interested parties to be notified of Council and Committee's decision:
John Ferguson
Henk Mulders
Caledon Propane
Mr. Andy Fielder
Port Darlington Community Association
Mr. Ronald F. Worboy
Imperial Oil Limited
Cigas Propane
Dragica Alilovic
Rosekris Properties Inc.
Harrison Fuels
William Skelding
610