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HomeMy WebLinkAboutPD-65-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:1151233.GPA PORT Meeting: General Purpose and Administration Committee File # �, C Date: Monday, May 5, 1997' Res. #` Report #: PD -65 -97 File #: DEV 96 -022 By -law # Subject: REZONING APPLICATION - 1151233 ONTARIO LTD. PART LOT 26, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF DARLINGTON - OSBOURNE ROAD FILE: DEV 96 -022 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -65 -97 be received; 2. THAT application to amend the former Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by Tunney Planning Inc. on behalf of 1151233 Ontario Ltd. be APPROVED as per the attached by -law; 3. That the Holding (H) symbol not be removed until such time a site plan agreement has been executed with the Municipality; 4. THAT a copy of this report and Council's decision be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1151233 Ontario Ltd. 1.2 Agent: Tunney Planning Inc. 1.3 Rezoning Application: from "Holding - General Industrial ((H)M2)" to an appropriate zone to permit the establishment of an automotive dismantling and parts REPORT NO. PD -65 -97 PAGE 2 warehouse, distribution and sales establishment (motor vehicle wrecking yard) in addition to other uses permitted in the "M2" zone. 1.4 Land Area: 3.8 ha (9.39 ha) 2.1 The subject property is located on the north east side of Osbourne Road where it runs parallel to the Canadian National Railway line. The property is further described as being located in Part Lot 26, Broken Front Concession, Former Township of Darlington. 3. BACKGROUND 3.1 The subject rezoning application was received, together with an application for site plan approval, in May, 1996 and was circulated to a number of agencies and departments for comment. The applicant is proposing to rezone 3.8 ha of (9.4 acres) of the total land holding, 12.3 ha (30.35 acres), for the proposed use. 3.2 The applicant currently operates an auto wreckers establishment in a neighbouring Municipality and is looking to relocate his business. The proposal differs from his existing operation, and most auto wreckers currently operating within the Municipality, in that the cars are to be dismantled and the various salvageable parts are warehoused in a covered storage area. The applicant has suggested that the only outside storage required will be for vehicles waiting to be dismantled. This has been identified as the "Holding Area" on the site plan. The building has been designed to fully encompass the holding area and completely screen the outside storage. REPORT NO. PD -65 -97 PAGE 3 3.3 Resident's Concerns A Public Meeting for the subject application was held July 2, 1996. Three people spoke at the public meeting and presented letters expressing concern or objection to the application. Their concerns are: i) lack of municipal services in place; ii) the roads are narrow; iii) there is a high water table; iv) the subject lands are located beside the Waterfront Trail; v) contaminants from the auto recycling operation would drain onto adjacent lands and impact well water. One individual supported the application if it is environmentally sound. In addition to the above stated issues, the letters received outlined the following concerns: i) Osbourne Road and Solina Road are both very narrow and are subject to frequent on- street parking associated with the four Hydro soccer fields and Manheim's Auto Auction; ii) Osbourne Road forms part of the Waterfront Trail, therefore pedestrians and cyclists will be in conflict with the additional traffic generated on the narrow road; and iii) concern was expressed for the future use on the balance of the land owned by the proponent and not included in the application. 3.4 Meeting with the Resident and the Applicant In January 1997, a meeting was held with the applicant, his agent and three of the neighbouring property owners to discuss concerns and objections to the application. The applicant explained that he is re- locating from Whitby, where the land his current business is situated on is draft approved for residential development. In addressing the concerns, the applicant advised as follows: REPORT NO. PD -65 -97 PAGE 4 i) Use of Additional Land He does not envision ever requiring more than the area presently being rezoned. Vehicles received at the proposed establishment will be dismantled and salvageable parts only stored on -site. The carcass of the automobile will be sent to LASCO, not stored on -site. The balance of the land will be rented out for agricultural use. ii) Contamination Vehicles brought on site will be brought into the building and drained of fluids before being put outside in the holding area. All work on the vehicle will be done inside the building. This is intended to eliminate soil contamination from the operation. iii) Security In response to a question with respect to security, the applicant suggested the storage building, surrounding the development, will provide a physical barrier, plus he will use an internal surveillance system. The additional traffic and employee presence should provide an increased level of security to this isolated area. The applicant advised that although he will be open to off - the - street customers, his main market will be body shops looking for parts. He plans to employee 15 -16 people and deal with about 600 vehicles a year. iv) Road The applicant advised he had prepared a road study which had recently been submitted to the Municipality. v) Servicing The applicant advised he was having an engineering study done to deal with drainage and site servicing. REPORT NO. PD -65 -97 PAGE 5 3.5 Engineering Report On April 17, 1997 the Municipality received a Soil and Hydrogeological Investigation Report in support of the proposed Auto Recycling Facility. Eighteen (18) boreholes were drilled on site ranging in depth from 3.2 metres to 11.0 metres. In addition, well records, for 18 wells in the vicinity of the subject lands were reviewed. The site is generally underlain by strata of silty clay and silty clay till overlying a stratum of sandy silt till. The permanent groundwater regime lies at a depth of approximately 4.0 metres, and is subject to seasonal fluctuations. The upper 5.5 metres of the soil stratigraphy has a low permeability. Therefore based on the above, the potential for environmental impact is low. Due to the native soils a raised septic system is recommended for the site. Bedrock was generally encountered at approximately 30 metres. An adequate supply of ground water may be tapped from bedrock or sandy aquifer to provide for the needs of the business without impacting neighbouring land owners. The report recommends a concrete or non - permeable floor for the plant where the vehicles are drained of fluids and dismantled. 4 EXISTING AND SURROUNDING USES 4.1 The existing site is currently vacant and is used for agricultural purposes. 4.2 Surrounding land uses are as follows: South: Osbourne Road and the Canadian National Railway line East: agricultural operation with residence North: agricultural operation with residence West: agricultural operation with residence 5.1 Within the Durham Regional Official Plan the subject property is designated Employment Area. Said designation permits among other uses, manufacturing, assembly and processing of goods, as well as warehousing, and storage of REPORT NO. PD -65 -97 PAGE 6 goods and materials. Section 5.3.20 states that limited infilling or minor expansion to existing development may take place in urban areas on private services subject to conditions. The application would appear to conform. 5.2 The Clarington Official Plan designates the subject property as Light Industrial within the Courtice Urban Area. The predominant use of land in this designation is manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. The light industrial policies permit outside storage to a maximum 25% of the total gross building floor area, less than 3 metres in height and located in well screened locations, generally at the rear of the building. The proposed development will have a holding area for automobiles which is completely surrounded by building walls but not roofed. The cars in the holding area will not be visible to the street, and it is staff's opinion that the intent of the Official Plan with respect to outside storage is being maintained. The proposed use conforms to the land use designation. 5.3 Section 11.7.1 states Employment Areas shall be developed on full municipal services, however, limited development on private services may be permitted subject to criteria. One of the criteria is the submission of an engineering report to demonstrate that private services can be supported without negatively impacting ground water and soil conditions on neighbouring properties. The engineering report submitted supports the proposed development on private services, with a raised septic system. 6. ZONING 6.1 The current zoning on the subject property is Holding - General Industrial ((H)M2). The Zoning By -law defines 'motor vehicle wrecking yard', in part, as an establishment where motor vehicles are stored and /or dismantled and where used motor vehicle parts are sold. The subject zone does not include the use of a motor vehicle wrecking yard, hence the application for rezoning. REPORT NO. PD -65 -97 PAGE 7 7. AGENCY COMMENTS 7.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. The following have responded they have no objection to the application as proposed: Clarington Fire Department; Region of Durham Works Department; Region of Durham Health Department; and Canadian National Railway. 7.2 The Central Lake Ontario Conservation CLOC staff advised they have no objection to the zoning of the proposed facility. However, further information is required to satisfy their concerns prior to site plan approval. Information is required on how stormwater quality is being addressed. Also the overland flow routes proposed by the applicant do not indicate a means of exit from the site and will result in ponding and possibly flooding in the south- east corner of the land. These issues will be resolved through the site plan approval process. 7.3 Public Works Department, Engineering Division The Works Department also have no objection to the principle of the development, but have identified issues required to be addressed prior to site plan approval. The east -west section of Osbourne Road has a road allowance width of 11.58 metre. A standard local road allowance has a width of 20 metres. Therefore, as a condition of approval, the applicant is required to dedicate to the Municipality of Clarington, free and clear of all encumbrances, a road widening of 8.42 metres and a 5.0 x 5.0 metre sight triangle. The travelled portion of Osbourne Road is gravel with a width of 4.0 metres and a low structural adequacy rating. As the road is not included within the Development Charges By -law, the applicant has agreed to contribute an appropriate share of the costs of upgrading Osbourne Road. The necessary REPORT NO. PD -65 -97 PAGE 8 works will be completed by the Public Works Department. There is no illumination on Osbourne Road in the vicinity of the proposed development. The applicant will be responsible for 100% of the cost of the illuminating the entrance which connects the site to Osbourne Road. Osbourne Road has no defined ditches or drainage system. The Municipality is concerned that drainage water from the site may adversely affect the road allowance or neighbouring private property. As a result the applicant is responsible for the preparation of a Master Drainage and Grading Plan detailing the configuration of the on -site drainage and conveyance of the over land flow from the site. The applicant will be responsible for any costs necessary to facilitate the construction of an entrance from the subject property to Osbourne Road. The entrance must be constructed to the satisfaction of the Director of Public Works. 7.4 Region of Durham Planning Department Regional Planning Staff advised there are no municipal services available to the site. They have also made a comment recommending the Municipality ensure appropriate measures are taken to safeguard against contamination of the site, from the proposed use. 8.1 The applications for rezoning and site plan approval are to permit an automotive dismantling and parts warehousing, distribution and sales establishment. The design of the proposed development has been revised since the Public Meeting. The revised proposal has the main building in the north west corner of the subject site, facing the north - south leg of Osbourne Road (see Attachment No. 2). 8.2 Neighbouring land owners voiced opposition to the development for a number of reasons. One of the issues was premised ,on the fear of soil and ground water REPORT NO. PD -65 -97 PAGE 9 contamination due to the nature of the proposed business. The soil investigation report states that the top 5.5 m of soils are considered to have a very low permeability, therefore, the potential for environmental impact is low. Furthermore, the method of operation, (ie draining all fluids from vehicles, in the building, before storing them), should minimize, if not eliminate the potential for soil contamination. 8.3 The report also addressed the issue of private services for the development, and concluded that due to the nature of the native soils a raised tile be used for the septic system. The report further concluded that an adequate water supply could be achieved from the sandy aquifer or from the bedrock to service the proposed development needs, without impacting nearby wells. Through the site plan agreement, the applicant is required to install a drilled well in compliance with the report recommendation. 8.5 The Public Works Department originally objected to the development based on the critical deficiencies of Osbourne Road. Neighbouring land owners also voiced concerns with respect to the road. To address the concern of the road deficiency the applicant has agreed to pay the cost of upgrading Osbourne Road from the South Service Road to the south limits of the proposed entrance. The $70,000 contribution will be detailed in the site plan agreement. The road upgrading work will consist of grading, drainage, granular base and sub -base material and hot mix asphalt and is to be undertaken by the Municipality's Public Works Department, Operations Division. 8.6 The reconstructed portion of Osbourne Road will have a wider road base and be hard surfaced. This will better accommodate vehicle traffic and the pedestrian and cyclists using the Waterfront Trail. The reconstructed portion of Osbourne Road will be the preferred route for the majority of traffic to and from the proposed site, thereby minimizing the impact on the balance of Osbourne Road and Solina Road. REPORT NO. PD -65 -97 PAGE 10 9. CONCLUSION 9.1 In consideration of the positive comments received from the agencies and the staff comments contained above, staff would have no objection to the passing of a by -law to permit the establishment of a automobile dismantling and parts warehouse, distribution and sales establishment in addition to other permitted General Industrial (M2) uses. The "(H) Holding" symbol will be removed by by -law upon execution of a site plan agreement for the proposed development. Respectfully submitted, w Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *cc Attachment No. 1 - Key Map Attachment No. 2 - Site Plan Attachment No. 3 - Proposed By -law April 29, 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: 1151233 Ontario Limited c/o William Labanovich 85 Ambleside Drive PORT PERRY, Ontario LOB 1 NO Keith and Shirley Crago 255 Osbourne Road COURTICE, Ontario L1 E 2R3 August and Maria Huth 447 Wilson Road North OSHAWA, Ontario L1 G 6E8 Tunney Planning Inc. 340 Byron Street Suite 200 WHITBY, Ontario L1 N 4P8 Florence Arnold 75 Osbourne Road COURTICE, Ontario L1 E 2R3 Stan Racansky 3200 Hancock Road COURTICE, Ontario L1 E 2M1 ATTACHMENT #1 0 LAKE ONTARIO J 6��Qp DEV. 96 -022 7 O / 4 PART 4 4 0 R- 1 6 9 5 3 J LEGEND Q e nods Fano srN.DMO wox aM T / i s oEnorfs roun1 won ' O xwrfs 1 u 8 cur cwoss BEARING NOTE /1 i s FounD RuL V O �L 1 Vu ME MrPOnW.0 w OPiGw MD /1 ores . LOcwE°Pea ru�o roc .ES,E«.r wr DF /y x D M wGf dMair vU/.' �ODR Jim �Sj'�iDYro.v BENCHMARK R �j O Hro xlnrfs xoDDassma ELE­ QiiGu" xryores wr.:FCwws ma METRIC 0 x orfs Dusn Ma]MCCS sROrm on ]ws cw. MF K ro rtEi�erMa e°Er DcanaIXrED IV // a on°Dies Foie µR:viL zum er: lamon. ww]cE k wvrs ,m e. : -roc e R .s] o- sr..., w„rer •• 1 ATTACHMENT NO. 2 PLAN SHOWING TOPOGRAPHY OF PAAI OF LOT 26, BROKEN FRONT CONCESSION +r +r• +r •,.r FORMERLY THE TOWNSHIP OF DARLINGTON, L O r COUNTY OF DURHAM P A R T 1 FUTURE DEVELOP&4ENT Nor W IRE 2 7 MUNICIPALITY OF CLARINGTON, 1 0 R — 3 3 2 1 REGIONAL MUNICIPALITY OF DURHAM SCALE 1:1000 J , - � O / 4 PART 4 4 0 R- 1 6 9 5 3 J LEGEND Q e nods Fano srN.DMO wox aM T / i s oEnorfs roun1 won ' O xwrfs 1 u 8 cur cwoss BEARING NOTE /1 i s FounD RuL V O �L 1 Vu ME MrPOnW.0 w OPiGw MD /1 ores . LOcwE°Pea ru�o roc .ES,E«.r wr DF /y x D M wGf dMair vU/.' �ODR Jim �Sj'�iDYro.v BENCHMARK R �j O Hro xlnrfs xoDDassma ELE­ QiiGu" xryores wr.:FCwws ma METRIC 0 x orfs Dusn Ma]MCCS sROrm on ]ws cw. MF K ro rtEi�erMa e°Er DcanaIXrED IV // a on°Dies Foie µR:viL zum er: lamon. ww]cE k wvrs ,m e. : -roc e R .s] o- sr..., w„rer •• 1 ATTACHMENT NO. 2 N� .. +r +r• +r •,.r L O r FUTURE DEVELOP&4ENT 2 7 _ J - � srwcE ' • '' • � # W P A RrT I or. 1� � 1 I 40 R. -16953 II +r + s •r, ' Cn `;�� )r 3�N��lf , • �DO.vrm PMTS SItMOEf i � ; PHASE 1 PHASE t � ' • • nr • � „ kl I LQ + r .`' „� � w.am PMR STDPME ,r .s ,1 I n •r U II O / 4 PART 4 4 0 R- 1 6 9 5 3 J LEGEND Q e nods Fano srN.DMO wox aM T / i s oEnorfs roun1 won ' O xwrfs 1 u 8 cur cwoss BEARING NOTE /1 i s FounD RuL V O �L 1 Vu ME MrPOnW.0 w OPiGw MD /1 ores . LOcwE°Pea ru�o roc .ES,E«.r wr DF /y x D M wGf dMair vU/.' �ODR Jim �Sj'�iDYro.v BENCHMARK R �j O Hro xlnrfs xoDDassma ELE­ QiiGu" xryores wr.:FCwws ma METRIC 0 x orfs Dusn Ma]MCCS sROrm on ]ws cw. MF K ro rtEi�erMa e°Er DcanaIXrED IV // a on°Dies Foie µR:viL zum er: lamon. ww]cE k wvrs ,m e. : -roc e R .s] o- sr..., w„rer •• 1 ATTACHMENT NO. 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 93- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the former Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Corporation of the Town of Newcastle to permit the development of an automotive dismantling and parts warehousing, distribution and sales establishment in addition to other General Industrial (M2) uses. (DEV 96 -022) NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 24.4 "SPECIAL EXCEPTIONS - GENERAL INDUSTRIAL (M2) ZONE" is hereby amended by adding thereto, the following new Special Exception 24.4.15 as follows: "24.4.15 GENERAL INDUSTRIAL EXCEPTION (M2 -15) ZONE Notwithstanding the provisions of Section 24.1, and 24.3, those lands zoned M2- 15 on the schedules to this By -law, in addition to the uses permitted in the M2 zone, may also be used for a motor vehicle wrecking yard subject to the following provisions: a) for the purposes of this special exception outside storage shall be subject to the following: i) height (maximum) 3 metres ii) any portion of the lot used for outside storage shall not be visible from an improved public street." 2. Schedule "1" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from "(Holding) General Industrial ((H)M2)" to "Holding - General Industrial Exception ((H)M2 -15)" as illustrated 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 Section 34 of the Planning Act. BY -LAW read a first time this day of 1997. BY -LAW read a second time this day of 1997. BY -LAW read a third time and finally passed this day of 1997. MAYOR CLER This is Schedule "A" to By —law 97— , passed this day of , 1997 A.D. LOT 28 LOT 27 LOT 26 LOT 25 M] BAS LINE ROAD CAR UAJ O 40 N w Q SOUTH SE VICE ROAD Z 0 0 w 0 U W Z mZ =1 O O O 0 ono �' ILL Y 4 NY W m LAKE ONTARIO COURTICE