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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