The URL can be used to link to this page

Home My WebLink AboutPSD-012-04 f , ~ Cl~mglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~.", ,j Date: Monday, January 26, 2004 g~.,jl:Gf'~-oS3-0+ By-law #: Report #: PSD-012-04 File #: ZBA 2003-051 and COPA 2003-013 Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT COMMERCIAL MOTOR VEHICLE SALES AND SERVICE APPLICANT: TARO LA ENTERPRISES INC. Northeast Corner of Lake Road and Port Darlington Road, 122 Lake Road Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-012-04 be received; 2, THAT the application submitted by the Tarola Enterprises Inc. be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by: () ~~ -CC\t~ Franklin Wu Chief Administrative Officer Submitted by: D vid . Crome, M.C.I.P"RP.P. Director, Planning Services RH*CP*DC*df 20 January 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 6j1 REPORT NO.: PSD-012-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Tarola Enterprises Inc. 1.2 Agent: D.G. Biddle & Associates Limited 1.3 Official Plan Amendment: To amend the "Light Industrial Area" policies on site specific basis to permit the sale, repair, and outdoor storage of commercial motor vehicles. 1.3 Rezoning: To amend the "General Industrial (M2) Zone" to permit the sale, repair, and outdoor storage of commercial motor vehicles. 1.4 Site Area: 1.25 hectares 2.0 LOCATION 2.1 The subject lands are located at the northeast corner of Lake Road and Port Darlington Road at 122 Lake Road in Bowmanville (See Attachment 1). The site area totals 1.25 hectares (3.1 acres). The property is located within Part Lot 9, Broken Front Concession, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On November 19, 2003, Staff received official plan amendment and rezoning application from D.G. Biddle & Associates Limited on behalf of Tarola Enterprises Inc, to permit the sale, repair, and outdoor storage of commercial motor vehicles at 122 Lake Road in Bowmanville. A site plan application (SPA 2003-053) has also been submitted for approval of new on-site signage and minor site alterations. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is completely developed with the applicant occupying the existing 24,000 sq.ft. building on the property. The site is generally flat with drainage being directed towards Lake Road. 4.2 Surrounding Uses: East: North: West: South: Vacant industrial lands Highway 401 Soper Creek valleylands Vacant industrial lands bJL- REPORT NO.: PSD-012-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5,1 The Clarington Official Plan designates the subject lands "Light Industrial Area". Lands within this designation generally permit light industrial uses within an enclosed building with very limited outdoor storage. The sale, repair and outdoor storage of commercial motor vehicles is permitted within the "General Industrial Area" designation, but not on the subject lands. In order to permit the proposed use, an official plan amendment application was submitted for consideration. 6.0 ZONING BY-LAW CONFORMITY 6.1 The portions of the property under consideration are zoned "General Industrial (M2) Zone". Although the zone permits the repair of commercial motor vehicles, it does not permit their sale. 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 a public meeting notice sign was installed on the property. 7.2 No general inquiries have been received on these applications to date. 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department and Central Lake Ontario Conservation have no objections to the official plan amendment and rezoning applications. 8.2 The Clarington Engineering Services Department has no objections to the official plan amendment and rezoning applications provided that no changes are made to the existing site. 8.3 The Ministry of Transportation has no objections to these applications provided that any new buildings, structures, loading areas, and drive aisles have a minimum 14.0 metre setback from its Highway 401 property, 8.4 Although comments from the Durham Regional Planning and Public Works Departments have not been received to date, Staff expect to receive these shortly. 65) REPORT NO.: PSD-012-04 PAGE 4 9.0 COMMENTS 9.1 The applicant acquired the subject lands to establish a Kenworth truck sales and service centre and proposes to display trucks outdoors in the front yard. 9.2 The site was originally developed by Powerscreen of Canada, a company that manufactured portable screening and stockpiling conveyors, which were stored outdoors. Outdoor storage was permitted under the previous Official Plan of the former Town of Newcastle. 9.3 The subject lands are currently designated for Light Industrial uses, which permits light industrial uses within an enclosed building with very limited outdoor storage. Although the current General Industrial zoning permits the repair of commercial motor vehicles, it does not permit their sale. Furthermore, the current zoning does not conform to the Official Plan. Since the applicant wishes to sell and display new commercial motor vehicles on the subject lands, a rezoning application was required. However, since a rezoning application could not be approved that did not conform to the Official Plan, an official plan amendment application was also required. 9.4 This location represents the gateway both into the industrial park and the Port Darlington residential area. Where previous outdoor storage was primarily screened by privacy wood fencing, the applicant already has replaced the privacy fencing with chain link fencing. Should this application be approved, Staff will require that additional landscaping be planted within the existing landscape strips to soften the visual impact of the tractor and trailer display area and storage. Any further changes to surface treatment and signage will also be handled through site plan approval. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the 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. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment 6)t . ATTACHMENT 1 ""'47/7,115 ~1J2.Bo2 C"13.z.797 N Blr48'~'~ .""ss ~~ , ," \ ~"" \ ~ \ i I I 25.-+,' 5';"-e_ - """ ~Xj5TING AND ~~~ .~- 85.00 " " ~ " " " N Z " " " "-' U /l- ~iiJ ~'I~ i , , ! I J -, ~ , I l!EJ!fj , , " ~W / I N ~ ~ ';~~O'1>e B,:..~._ -<-><<i,co . ::- ''lC-p) I I' l 51 . II !!'I , , ':),OS , " ~ c~~ -. '-. ';--- U;J Uj I ] Bowmanville Key Map II " BASEU" RO'" II """ ~ IL ZBA 2003-051 Zoning By-law Amendment COPA 2003-013 Clarington Official Plan Amendment ~ . o ~ ~ B ~ ~ ~ \ .... \\ ~ )\ '~o =- )) ~ l~\\ 1I1~ Owner: Tarola Enterprises bY) ATTACHMENT 2 AMENDMENT NO.: TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Amendment implements a land use change to permit the additional use of the sales of commercial transport trucks. The amendment also allows the outside unscreened storage area for commercial transport trucks within the front yard to exceed 25% of the gross floor area of the building and for storage to exceed a height of 3 metres. BASIS: The Amendment is based on an application submitted by Kenworth Toronto Ltd. ( ). ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: By adding Section 11.5.5. as follows: "11.5.5. Notwithstanding Section 11.5.2, and Section 11.5.4, the repair, storage and sale of commercial transport vehicles may be permitted on land located at 122 Lake Road within Lot 9, Broken Front Concession, Bowmanville. Outside unscreened storage for commercial transport trucks within the front yard may be allowed to exceed 25% of the gross floor area of the building and truck storage may exceed a height of 3 metres." IMPLEMENTATION:The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. bju