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Home My WebLink AboutPD-16-96DN: DEV95080.GPIHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPOR T PUBLIC MEETING Meeting: General Purpose and Administration Committee File # I ev• ,5 Date: Monday, February 5, 1996 Report #: PD -16 -96 File #: DEV 95 -080 Subject: Res. (;-PO- -S-q63 By -law # BOUNDED PART LOT 9, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWMANVILLF ROAD ON • FILE: DEV 0z Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -16 -96 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, as amended, submitted by Russ Gibson on behalf of Gil Gagnon to permit the establishment of a technical school for truck driving and the storage of vehicles for the same, be DENIED; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Russ Gibson 1.2 Owner: Gil Gagnon 1.3 Rezoning: From "Light Industrial (M1)" to a zone allowing a "technical school having outside storage ". The "technical school" is for the purpose of training transport truck drivers and the outside storage is for the purpose of storage of transport trucks. 1.4 Area: 1.2 hectares 5101 W REPORT • 'D •. PAGE 2 2. LOCATION 2.1 The subject parcel is located in Part Lot 9 Broken Front Concession, former Town of Bowmanville. More specifically, the parcel is bounded by Lake Road on the south and Highway 401 on the north. The parcel is relatively flat. There exists a row of deciduous trees running parallel to Highway 401. These trees are not located on the subject property. 3.1 On November 23, 1995 the Planning Department received an application to amend the Comprehensive Zoning by -law 84 -63, as amended of the former Town of Newcastle to allow the establishment of a truck drivers school and storage of vehicles for the same. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: vacant 4.2 Surrounding Uses: East - vacant industrial land West - a vacant industrial lot, and Powerscreen Industries South - vacant industrial land North - Highway 401 5 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan shows that the subject lands are designated "Employment Area ". Lands so designated shall be used for predominantly industrial uses. Section 11.3.10 of this Plan specifically states that "only prestige employment uses with high employment - generating capacity and greater architectural, landscaping and sign controls" shall be located along the 401 corridor. Since the proposed use can not be considered as having a high employment - generating capacity or to be a "prestige employment use ", this proposal does not conform to the current policies of the Durham Region Official Plan. Durham staff have advised the Municipality's Planning Department that Regional Council has recently initiated an amendment to the Regional Official Plan 3 502 REPORT NO. PD -16 -96 PAGE 3 to provide municipalities greater flexibility in determining what is "prestige" use and whether only these uses shall be permitted along freeways. Until the amendment is approved, the proposal does not conform to the Regional Official Plan. 5.2 The proposed use is considered as a "Truck or Transportation Terminal" which is described in the Official Plan of the former Town of Newcastle. The Plan states that "Truck or Transportation Terminals" shall be located near arterial roads and have immediate access to inter - regional roadway facilities. All parking and storage areas shall be adequately screened. This site has easy access to Highway 401 via Lake Road. Although Lake Road is classed as a collector road, it has direct access to Liberty Street which is an Arterial Road and from there almost direct access to Highway 401. The applicant does not presently show any landscaping or screening along the property's northern boundary which abuts Highway #401. However, this is information which could be provided by the applicant. 5.3 According to the Council Adopted Clarington Official Plan, the site is designated "Light Industrial Area ". The predominant uses within the "Light Industrial Area" shall be manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. Although these are a list of predominant uses, and is no way deemed to be inclusive, it is difficult to classify this proposal as in kind or similar to any of the listed uses. The "Light Industrial Area" allows for limited outside storage provided that the outside storage does not exceed 25% of the total gross building floor area, that the height of the materials stored shall not exceed 3 metres, and that the storage area not be visible from a freeway. Unfortunately, this proposal does not meet any of the storage requirements since a structure will not be built immediately, the height of trucks exceeds 3 metres, and there is currently no landscaping or screening proposed along Highway #401 making the storage of the trucks visible from the highway. WE 503 REPORT NO. PD -16 -96 PAGE 4 It is Staff's opinion that this use would be more appropriate within the "General Industrial Area" designation within the Clarington Official Plan, where Truck Terminals are permitted and regulations regarding outside storage possess greater flexibility. • •► I I Z :J o16111 6-1 6.1 According to the Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject property is zoned "Light Industrial (M1) ". Although a technical school is permitted, in this zone, outside storage is not. As such, the applicant has applied to allow for outside storage as a significant component of the technical school operations. Although there is no specific definition for technical school within the Comprehensive Zoning By -law, the By -law does define Commercial School which has been interpreted to also be the definition for technical school. The definition for Commercial School states: "Shall mean a school conducted for hire or gain, other than a private, public, religious or philanthropic school, and shall include the studio of a dancing teacher or a music teacher, an art school, a golf school, a school of athletics, a business or trade skill and any other specialized school conducted for profit or gain ". 6.3 Although the applicant has applied for a technical school, one must wonder whether this is really the best description for how the lot will be used. By all means, there will be teaching and learning, but not in a typical classroom setting. The educational aspect will be taught not only on the site, but off -site as well. Since teaching and learning will only be occurring on the lot for such limited periods, the predominant use of the lot will be the storage of transport vehicles. Taking this into consideration, perhaps the proposed use is better described as a cartage or transport depot than a commercial /technical school as defined in the Municipality's Comprehensive Zoning By- law. i ....5 REPORT NO. PD -16 -96 PAGE 5 A "Cartage or Transport Depot" is defined as: "Shall mean a building, structure or place where trucks or tractor trailers are rented, leased, kept for hire, or stored, or parking for remuneration, or from which trucks or Transports, stored or parked on the property, are dispatched for hire as common carriers ". 6.4 A Cartage or Transport Depot is permitted on lands zoned General Industrial (M2), as is a technical school. The General Industrial zone also permits outside storage. If the applicant proposed to put this use on lands zoned M2, a rezoning application would not be necessary. 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. •►,T 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: Municipality of Clarington Fire Department Municipality of Clarington Community Services Department Municipality of Clarington Economic Department 8.2 The Municipality of Clarington Public Works Department required a number of things including a Site Grading and Drainage Plan, an application for property access, and that the entrance be constructed to standards which are acceptable to the Public Works Department. W REPORT NO. PD-16-96 PAGE 6 8.3 The Central Lake Ontario Conservation Authority stated that they have no objection to the application, but ask that a brief report indicating how stormwater management will be accommodated on the site shall be submitted. 8.4 Durham Regional Works Department have no objection to the application, but require that six site servicing plans be submitted prior the issuance of a building permit. 8.5 Durham Region Planning Department stated that the proposed use does not conform to the policies within the existing plan. In particular, Section 11.3.10 which states that "only prestige employment uses with high employment - generating capacity shall be permitted along Highway #401 ". They do not consider the proposed use a "prestige employment use ". 8.6 Comments have yet to be received from the Ministry of Natural Resources. 9 STAFF COMMENTS 9.1 The applicant is proposing to rezone the lands to permit a technical school (truck driving school) with outside storage. The applicant has provided a preliminary site plan (Attachment #2) showing the layout of the site detailing the entrance and driving course. This plan also shows the proposed location of a structure to be built sometime in the future. 9.2 The applicant has chosen a location abutting Highway #401. The Durham Region Official Plan states that lands abutting Highway #401 should be used for "prestige employment uses with high employment - generating capacity ". The proposed use can not be considered either a "prestige employment use" or a use which will generate a lot of employment. Within the recently adopted Clarington Official Plan, the proposed use does not conform as it can not be considered a manufacturing or warehousing use, and it does not meet the requirements for the limited outside storage that is permitted within this new Official Plan. ....7 506 REPORT NO. PD -16 -96 PAGE 7 9.3 Staff believe that the proposal is that of a "Truck or Transportation Terminal" which should not be located adjacent to the Highway 401 corridor. A "Truck or Transportation Terminal" is permitted on lands zoned General Industrial (M2). Within Bowmanville, lands zoned M2 can be found on the south side of Lake Road and along Baseline Road, east of Liberty Street and North of Highway 401. We suggest the applicant seek an alternate location. To this end, staff are prepared to assist the applicant in this regard. 9.4 In consideration of the above comments, staff cannot support the current application. In the event Council directs otherwise, site plan approval will be required to address the requirements of the Public Works Department and other agencies including the submission of a detailed landscape plan, a stormwater report and site grading and drainage plans. Respectfully submitted, J ,Lk 0, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development HB *FW *cc *Attachment #1 - Key Map *Attachment #2 - Preliminary Site Plan January 29, 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Gil Gagnon 1082 Thimbleberry Circle Oshawa, Ontario L1 K 21-11 Russ Gibson Hull Drafting and Development 5410 Old Scugog Road Hampton, Ontario LOB 1 JO ,907 ATTACHMENT #1 508 SITE INFORMATION ATTACHMENT #2 5, 34 5. 509 a io