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