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HomeMy WebLinkAboutPSD-023-05 Cl€!!illglOn REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: Date: Monday, February 21,2005 Report #: PSD-023-05 File #: COPA 2004-007 and ZBA 2004-055 .J fA PA rN ::2-~O-[; By.law #: Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT RETAIL COMMERCIAL AND LARGE FORMAT RETAIL USES APPLICANT: AYT CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-023-05 be received; 2. THAT the applications submitted by Walker Nott Dragecivic Associates Limited on behalf of A YT Corporation be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed bY:cJ~ -~ Franklin Wu Chief Administrative Officer RH/CP/DC/df 16 February 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 613 REPORT NO.: PSD-023-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: A YT Corporation 1.2 Agent: Walker Nott Dragecivic Associates Limited 1.3 Official Plan Amendment: To amend the "Light Industrial Area" policies in Section 11.5 to permit 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses. 1.4 Rezoning: To rezone the subject lands from "Agricultural Exception (A-1) Zone" to implement the proposed official plan amendment. 1.5 Site Area: 21.85 hectares 2.0 LOCATION 2.1 The property under consideration is located at the northwest corner of Highway 401 and Bennett Road south of future Baseline Road in Bowmanville (See Attachment 1). The site area totals 21.85 hectares (54.0 acres). The property is located within Part Lot 5, Broken Front Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 A YT Corporation's original applications which were received on November 12, 2004, were in respect of a parcel of land located on the northeast corner of Highway 401 and Bennett Road. These lands are not located within the Bowmanville urban area and are therefore subject to the prohibitions of the Greenbelt Protection Act. Since development applications for urban uses cannot be considered on lands covered by this legislation, Staff returned the original applications to the applicant. 3.2 On November 25, "2004, Staff received revised Official Plan Amendment and rezoning applications from Walker Nott Dragecivic Associates Limited on behalf of AYT Corporation to permit the development of the subject lands. They are in the Bowmanville urban area and are not subject to the prohibitions of the Greenbelt Protection Act. The proposed development is intended to contain 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses, including a department store, a food store, a home improvement centre, restaurants and other retail uses. The development is proposed to proceed on private communal services. 614 REPORT NO.: PSD-023-05 PAGE 3 3.3 Staff note that this report references A YT Corporation's applications to be for the development of 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses. However, the Public Notice of the General Purpose and Administration Committee meeting states that the development would comprise only 46,500 sq.m. (500,000 sq.ft.). While the applications and the preamble to the proposed Official Plan Amendment submitted by A YT Corporation indicate a total of 46,500 sq.m., the concept plan also submitted by the applicant indicates 50,300 sq.m. of retail commercial and large format retail uses are intended to be developed on the subject lands. In subsequent discussions with Staff, the consultant for AYT advised that the proposed floorspace should be 50,300 sq.m. for consistency with AYT Corporation's application for its proposed Durham Region Official Plan Amendment. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are currently farmed and contain a large woodlot in the center. The site slopes gently to the south and west from Bennett Road. The property contains a small spring-fed watercourse that feeds a pond on the adjacent property to the west. 4.2 Surrounding Uses: East: North: West: South: Agricultural land Holburn Industries proposed new facility Agricultural lands and rural residential Highway 401 and Urban industrial uses 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the subject lands "Employment Area". This designation permits manufacturing, assembly, processing and warehousing among other individual type uses. Retail warehouses, which does not permit a supermarket or department store, may be permitted by local Council in Employment Areas subject to compliance with the Plan policies. The applicant has filed an application to amend the Durham Region Official Plan. 5.2 The Clarington Official Plan designates the subject lands "Light Industrial Area". Permitted uses include manufacturing, processing, fabricating, repairing, research and development facilities, and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities, and fraternal organizations may be permitted provided they are limited in scale and serve the area's employee base. 615 REPORT NO.: PSD.023..Q5 PAGE 4 5.3 Large scale retail warehouses may be permitted by amendment to the Clarington Official Plan subject to the provisions of Section 10.9.5. This section requires that: · The use is sufficiently large so that it is considered not compatible with a Central Area location. · A consultant retained by the Municipality at the expense of the applicant prepares a retail impact analysis. · The site is located in proximity to an interchange with a freeway. · The anticipated traffic can be accommodated on the transportation network. · Vehicular access is obtained from an arterial road. The proposed official plan amendment submitted by the applicant with the applications is contained in Attachment 2 of this report. 5.4 The Clarington Official Plan shows that a collector road is designated on the subject lands. The proposed collector road between Lambs Road and Bennett Road bisects the property in an east-west manner. The concept plan submitted by AYT Corporation does not show the future road, nor does the applicant's proposed amendment to the Clarington Official Plan make any reference to its deletion. 6.0 ZONING BY.LAW CONFORMITY 6.1 The property is zoned "Agricultural Exception (A-1) Zone". The current zoning does not permit the proposed commercial development. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property's road frontages. Staff have received a number of general inquiries on the development proposal. 7.2 Several inquiries made of Staff have raised the following concerns. · Concerns were raised over the intended method of servicing. The use of communal well and sewage disposal services raises questions of impacts on the water quantity and quality of wells on adjacent properties. · Concerns were raised about the impacts that urban development will have on the agricultural viability of adjacent lands, both within and outside the urban area. · A spring feeds a pond on the adjacent property, which is being used for agricultural purposes. Development on the adjacent lands could either divert or destroy this groundwater source. 616 REPORT NO.: PSD-023-05 PAGE 5 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department and Veridian Connections have no objections to the proposed development. 8.2 The Durham Region Health Department indicates that since daily sewage flows will exceed 10,000 litres/day, Ministry of Environment approval will be necessary. 8.3 Due to the limited commenting period, comments from the Clarington Engineering Services, Durham Region Planning Department, Durham Region Public Works Department, Central Lake Ontario Conservation Authority, Ministry of Transportation, and Hydro One Networks Inc. have not been received to date. 9.0 STAFF COMMENTS 9.1 A letter has been sent to the applicant outlining various issues where further clarification is necessary as well as studies that will be necessary to review the application. . Proposed Official Plan Amendment In reviewing the proposed amendment, Staff raised the following concerns: ~ Map B3 of the Clarington Official Plan shows a proposed collector road on the subject lands, which links Lambs Road with Bennett Road. Since the development concept plan does not appear to incorporate this collector road, it is unclear how this matter will be addressed. ~ The proposed amendment would permit the term "industrial commercial uses", but provides no definition for this term. The consultant must clarify both issues. . Planning Rationale The applicant has not provided a detailed planning rationale with the application. Supporting justification for the statement contained in the preamble to the proposed official plan amendment is required. The planning rationale must also examine the impact to the Municipality's industrial land supply of redesignating the subject lands from industrial to commercial uses as well as the impact on the ability to develop the surrounding industrial lands for their designated use. . Retail Market Impact Study Terms of Reference for a retail market impact study, which addresses the requirements of both the Durham Region Official Plan and the Clarington Official Plan, have been prepared and circulated to urbanMetrics, the retail 617 REPORT NO.: PSD-023-05 PAGE 6 market consultant undertaking the Municipality's Commercial Policy Review, for a proposal. The applicant is required to pay for the retail market impact study as is required by the Clarington Official Plan. · Site Servicing Study The application indicates that the development will proceed on communal servicing until such time as full municipal services are available. No supporting documentation has been provided as to when full municipal services will be available. Staff note that Ministry of Environment approval is necessary for development where sewage flows exceed 10,000 Iitres per day. A communal servicing scheme will also require approval from the Durham Region Public Works Department. The scheme shall include monitoring and long-term maintenance of the system The applicant is required to submit a detailed servicing plan for the proposal. This must include a hydrogeological study satisfactory to the Region and to the Municipality of Clarington which confirms that sufficient water is available to serve the development and that there are no adverse impacts on the well levels of surrounding agricultural and rural residential properties. . Traffic Study A traffic study must be prepared by the applicant to the satisfaction of the Municipality of Clarington, Regional Municipality of Durham, and Ministry of Transportation addressing, among other matters, the following: ... The traffic levels and patterns for the ultimate development scenario must be determined. ... The existing area road network must be studied to determine the level of development that can be accommodated. ... The study must identify the necessary road improvements required to facilitate development. Development phasing options should be considered. ... The concept plan shows the unopened portion of Baseline Road to be a future road. This portion is not proposed to be improved in conjunction with the proposed development. The traffic study must examine the amount of development that can occur based on one access to the project from Bennett Road. . Stormwater Management Study The applicant's engineer must prepare a stormwater management study satisfactory to the Municipality's Director of Engineering Services and Central Lake Ontario Conservation Authority to demonstrate where storm run-off generated by the development will be directed. The applicant must also 618 REPORT NO.: PSO..Q23.05 PAGE 7 propose appropriate control measures to the satisfaction of the Director and the Conservation Authority. . Clarington Science and Technology Park - Secondary Plan and Urban Design Strategy The Municipality is undertaking a secondary plan and urban design analysis to advance the development of the Clarington Science and Technology Park. The area being studied is a 130 hectare land area bounded by Bennett Road, Highway 401, Haines Street, and Highway 2. The lands are designated for employment uses in the Durham Region Official Plan and for prestige employment, light industrial and general industrial uses in the Clarington Official Plan. The lands are generally undeveloped and have access to Highway 401 via the Bennett Road partial interchange. The planning and urban design firm of Urban Strategies Inc. has been retained to prepare a concept plan and urban design strategy for development of this Science Park. The subject lands are located within the study area. 9.2 Although the subject lands are designated for urban development, much of the immediate area on the north side of Highway 401 and west of Bennett Road is actively being farmed. The presence of such a large retail commercial proposal has raised a number of land use compatibility issues. Concerns have been raised over impacts that urban development will have on the agricultural viability of adjacent lands, both within and outside the urban area. Since the subject lands are designated for urban use, development cannot be delayed if the proposal has received proper approvals. In particular, the property immediately west of the subject lands is being actively farmed and the pond on this property is fed by a spring from the subject lands. Development on the subject lands could impact this groundwater source. Staff will have to investigate whether this water source is to be preserved or piped to continue feeding the adjacent pond. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. 619 REPORT NO.: PSD-023-05 PAGE 8 Attachment 1 - Key Map Attachment 2 - Proposed Amendment to the Clarington Official Plan Interested parties to be notified of Council's decision Philip Brent, AYT Corporation Peter Walker, Walker Nott Dragecivic Associates Limited Bryce Jordan, Sernas Associates Peter Smith, Bousefields Inc. Scott Arbuckle, Planning & Engineering Initiatives Limited Paul Mark, PetroCanada Andrea Gabor, Urban Strategies Inc. David Crowell, A&P Properties Limited Terry & Phyllis Price 620 , ! I ! t2;, i '21.;' I ~ ~ I: II, I ~'I ~6'taISileArea_21.a5ha ~ i! , ,.Nel Oevelopment Area - 20.3711a I ~ :,j' / GFA - ::50.300 sq.m. ~ ' / t541.000 Sll.fl.. I ~ / Lot Coverage _ 24.7'% ,~ i . , g... " ' '79----~ Parking Spaces PrOVIded ., :: 3,05O! ::; 1,5,~ SJ'2100'C ______ I - ",I I<72"44".3o't ____ z:! ------__ I :1.~ -------L.__, -- --- Baseline Road (Future Access) (~or lif'AYEU.:iJ) ---1 ~ , < C1 U o o ~ o o PLAJ\.' u u u 00 O~ 00 0 v'1I1HI ~ IIIIIHIIII , ~l "-"" Storm Waler Management 1.48 ha ~'~"18 JO H' IOhWay 401 14 .~ -..; 7 ATTACHMENT 1 fie _0,"6, , , ,,: ~i I","""'"' ~r' il c, , . I co' I ;; i' ~I ~i J ZBA 2004-055 Zoning By-law Amendment COPA 2004-007 Clarington Official Plan Amendment ROPA 2004-006 Regional Official Plan Amendment Hlou_ ~l/ 621 Owner: A YT Corporation ATTACHMENT 2 PART B - THE AMENDMENT 1.0 INTRODUCTION This document, entitled "Part B - The Amendment", consisting of the following text and "Schedule A", constitutes Amendment No. to the Official Plan of the Municipality of Clarington. 2.0 DETAILS OF THE AMENDMENT The Official Plan is amended as foliows: a. Section 11.5 (Light Industrial Areas) is amended by including the following site- specific policy for the Subject Land identified on Schedule 'A': "Permitted uses for the land abutting Bennett Road to the east, the Baseline Road (Road Allowance) to the north and the King's Highway No. 401 to the south shall include those permitted as well as retail warehouse commercial uses, retail uses and industrial commercial uses that are compatible with nearby uses." 3.0 IMPLEMENTATION AND INTERPRETATION The provisions of the Official Plan as amended from time to time shall apply in this regard to this Amendment. 622 '1 ~ - . . . _ ~EHT NW. _=S1RIAL....... a P\.8UC SECClOlONlY SO<OOL ~F\I1\JRE _G""""'- ~ """",. URBNI! RESlDEHIW.. ~DUSI1llIol._ SE<:CllIlM\" SO<OOL D u..... RESOOENTW. .. U11UTY ~ ........ """"""'" SO<OOL ~ ~ENsnY ~'N'"'ON''fJ<T''' .I OUIIl.JC ~".: PftOTEC11ON AREA. ElDlENfM1 SCHOOl. lAKE ONVlR/O III~ -......""'" J3 .......,. El..EWOfTAR"I" SCHOOl MAP A3 _1lAINCEN11lAL...... _ WA.l'ERfflONT GREfNWAY d ,,...... ELEWENT.-Rr' SQfOQl LAND USE _ LOC.\LCENT""-AAEA _GOIolIolUPITY..- SECONIlARl' --~AAEA BOWMANVILLE URBAN AREA NElGIlI'II&...IHlOO . J COIl" OIST'RlCT PARK -----.- SPECIAL PCll.ICY ~ OFFICIAL PI..N\I MUNICIP;LIJY OF CI.ARINGTON o HIGHWAY OONWERCIAL. . NEJGH8OURHQOD PARI< -- SPECW.. snJey ARE'A HO\o9I8ER14.2OCI3 I=~~~-~Y~I --.. . TDURlSIiI NODE 1= GO Sf"""" """""""'...... D Subject Land Schedule A The Subject Land Municipality of Clarington 623~ Date: November 24, 2004 Walkef,Nott,Oragicsvic AssocIates Umil:ed Planninq Urt:>an o..9r' Environmtlntol ........men!