HomeMy WebLinkAboutPSD-010-13 Staff Report # 1
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Leading the Way
REPORT
PLANNING SERVICES DEPARTMENT
Meeting: COUNCIL
Date: January 28, 2013 Resolution #: By-law #: /
Report #: PSD-010-13 File #'s: ZBA 2012-0023 and SPA 2012-0034
Subject: AN APPLICATION FOR TEMPORARY REZONING TO PERMIT OUTDOOR
STORAGE OF PRE-ENGINEERED PANELS FOR A MAXIMUM OF THREE
(3) YEARS
APPLICANT: ALPA PRE-ENGINEERED PANEL SYSTEMS INC.
RECOMMENDATIONS:
It is respectfully recommended to Council:
1. THAT Report PSD-010-13 be received;
2. THAT the application for proposed Zoning By-law Amendment under Section 39
(Temporary Use Provision) of the Planning Act submitted by Alpa Pre-engineered
Panel Systems Inc. to change the zoning to permit the temporary outdoor storage
of pre-engineered panels for a maximum of three (3) years be approved;
3. THAT the by-law to change the Zoning By-Law contained in Attachment 3 be
passed;
4. THAT a By-law be forwarded to Council for removal of the Holding (H) symbol upon
execution of the Site Plan Agreement; and
5. THAT all interested parties listed in Report PSD-010-13 and any delegations be
advised of Council's decision. ')
Submitted by: Reviewed by�--
Da i . Crome, MCIP, RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
CS/CP/df
23 January 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-010-13 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Alpa Pre-engineered Panel Systems Inc. (Alpa)
1.2 Agent: Ivano De Carolis
1.3 Rezoning: Zoning change from "General Industrial (M2)" zone to permit
temporary outdoor storage of pre-engineered wood panels
and trusses for a maximum of three (3) years.
1.4 Site Area: .060 hectares
1.5 Location: 1720 Baseline Road, being Part Lot 29, Concession 1,
Former Township of Darlington (Attachment 1).
i
2. BACKGROUND
2.1 At the Council meeting of January 14, 2013, Council approved resolution #GPA-
004-13, which requested staff to bring forth a recommendation report to the
January 28, 2013 Council Meeting.
Report PSD-001-13 was the Public Meeting report initially recommending
approval of a Temporary Use By-law for a maximum of three (3) years to permit
the lands at 1720 Baseline Road in Courtice to be used exclusively for outdoor
storage of pre-engineered wood floors, walls and trusses (panel systems) for the
construction of new homes.
As the report was being finalized, and before the Public Meeting, staff received
two complaints from nearby business operators about Alpa's operation. As a
result, Staff recommended the application continue to be processed.
2.2 As noted in the Public Meeting report, Alpa employs 70 people. The company has
run out of room on the manufacturing site situated at 17 Cigas Road in Courtice.
In addition to 17 Cigas Road, Alpa also owns 29 Cigas Road and is currently
leasing property at 45 Cigas Road for storage of completed panels prior to
shipping. Alpa has recently leased 1720 Baseline Road to use as temporary
storage as well. This last property is subject of the rezoning application. See
ortho-photo on next page.
2.3 1720 Baseline Road is zoned "General Industrial (M2)" zone which permits a
broad range of industrial uses. By-law 84-63 does not permit outdoor storage as
the principle use without a building or structure on site. As such, the applicant is
requesting a temporary use by-law for a maximum of three (3) years to use the
site exclusively for outdoor storage of the panels systems.
2.4 The applicant has also applied for Site Plan Approval.
REPORT NO.: PSD-010-13 PAGE 3
29 Clgas Road
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ZBA 2012-0023
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property has frontage on both Baseline Road and Cigas Road in
Courtice. The site is currently vacant. Recently, the topsoil has been removed and
replaced with gravel and limestone to provide a base for the storage of the panels.
The top soil has been used to create berms along both the east and west property
boundaries.
The lands generally slope from north to south. The surrounding uses are as
follows:
North: Industrial uses, and beyond Canadian Pacific Railway;
South: vacant cultivated land and single detached dwelling zoned General
Industrial (M2);
East: Vacant land, industrial uses; and
West: Vacant land, industrial uses.
REPORT NO.: PSD-010-13 PAGE 4
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement addresses the need to maintain and direct land
use to achieve efficient development and land use patterns. Land use must be
carefully managed to accommodate appropriate development to meet the full
range of current and future needs, while achieving efficient development patterns.
The proposed temporary use will provide an interim use for an otherwise
underutilized parcel of land.
4.2 Provincial Growth Plan
The Provincial Growth Plan (Growth Plan) requires adequate supply of lands
providing location for a variety of appropriate employment uses.
The Growth Plan requires economic development be promoted through the
provision of a mix of employment uses and a diversified economic base to meet
long-term needs of both existing and future businesses. In order to achieve this
goal a range and choice of suitable sites for employment uses must be
maintained.
The temporary use of the subject property does not appear to conflict with the
Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
5.1.1 The Durham Regional Official Plan states that "Employment Areas" shall be used
for manufacturing, assembly and processing of goods, service industries, research
and development facilities, warehousing, business parks, limited personal services
uses, hotels, storage of goods and materials, retail warehouses, freight transfer
and transportation facilities. Such uses shall be designated in appropriate locations
in the respective area municipal official plans. The proposed temporary use
conforms.
5.2 Municipality of Clarington Official Plan
5.2.1 The subject property is designated as "Light Industrial Areas" in the Municipality of
Clarington Official Plan. The range of industrial uses permitted in the Light
Industrial Areas shall be sensitive to and compatible with abutting uses.
The predominant use of land in the Light Industrial Areas shall be manufacturing,
assembling, processing, fabricating, repairing, research and development and
warehousing. Limited outside storage accessory to a permitted use may be
permitted provided it does not exceed an area equivalent to 25% of the total gross
floor area, the materials to be stored as outdoor storage area shall not exceed a
height of 3 metres and storage areas shall be located primarily in the rear of the
REPORT NO.: PSD-010-13 PAGE 5
lot and shall be appropriately screened so as to not have a negative impact on
abutting properties and not be visible from a freeway.
5.2.2 The Official Plan policies relating to Temporary Use By-laws state that Temporary
Use By-laws may be passed to permit the use of lands, buildings or structures, on
a temporary basis, for any purpose provided that:
a) the proposed use is temporary in nature;
b) the proposed use is compatible with the adjacent existing land uses, there
is minimal impact on the Natural Features and Land Characteristics on
Map 'C', or satisfactory measures to mitigate any adverse impact will be
applied;
c) there will be no adverse impacts on traffic or transportation facilities or
services in the area;
d) adequate access and parking are provided;
e) the use can be removed and the site can be restored to its original
condition;
f) adequate sewage disposal and water services are available in compliance
with provincial and regional standards; and
g) it does not jeopardize the long term implementation of the plan.
5.3 Amendment 77
5.3.1 Amendment 77 to the Clarington Official Plan was approved by Council in March
26, 2012. Amendment 77 states that the predominant use of land in the "Light
Industrial Areas" shall be for manufacturing, assembling, processing of raw
material, fabricating, repairing, research and development and warehousing.
Outdoor storage is to be limited to 25% of the floor area of the main building.
Amendment 77 has not been approved by the Region of Durham.
6. ZONING BY-LAW 84-63
6.1 The entire property is currently zoned "General Industrial (M2) Zone" which
permits outdoor storage to occupy 70% of the site. However, it does not permit
the use of lands exclusively for outdoor storage of goods and materials.
7. PUBLIC MEETING AND SUBMISSIONS
7.1 At the statutory Public Meeting, a business operator in the area appeared before
the General Purpose and Administration Committee to object to the rezoning.
Mike Konopacki owns a building on 1700 Baseline Road in Courtice. The building
contains seven other businesses in addition to his own, Mike's Transmission. He
test drives cars in the area to determine what needs to be repaired. Recently,
Cigas Road was blocked by flat bed trailers loaded with wood panels. He noted
that forklift trucks also travel on the road causing a hazard. Mr. Konopacki stated
that the wood panels are stacked 12 feet high, which is higher than the newly
created berms and chainlink fence. He noted that he does not have a problem
REPORT NO.: PSD-010-13 PAGE 6
with the storage on Cigas Road, but he does not believe that they should be
visible from Baseline Road.
In addition, staff received a phone call from a business operator on the Cigas
Road, expressing the same concern with flatbed trucks parked on Cigas Road.
Concerns raised at the Public Meeting will be discussed in Section 10 of this
report.
8. AGENCY COMMENTS
8.1 The Central Lake Ontario Conservation has noted the site is subject to CLOCA's
Ontario Regulation 42/06 Development, Interference with Wetlands and Alterations
to Shorelines and Watercourses. CLOCA has issued a permit for the regrading of
the property and for the placement of gravel and limestone fill (approximately 460
cubic metres) for a base on the property.
9. DEPARTMENTAL COMMENTS
9.1 Emergency and Fire Services
Emergency and Fire Services has advised that this site would need to comply with
the requirements of Subsection 3.2.2 of the Ontario Fire Code, Outdoor Storage
of Lumber and Forest Products. Subsection 3.2.2 specifies the requirements for
ground surface, clearances (to other structures and vegetation), pile heights, fire
department access, fire extinguishing provisions (for example on site water if no
hydrants available) and portable fire extinguishers.
9.2 Engineering Services
The Engineering Services Department has no objection to the temporary rezoning
provided that through the site plan approval process the applicant complies with
the grading plan as submitted.
9.3 Finance Department
The Finance Department advises that taxes are paid in full.
10. DISCUSSION
10.1 Three main concerns raised by area business operators about Alpa's current
operation:
i) loaded flat bed trucks parked on Cigas Road,
ii) forklifts driving on Cigas Road, causing a traffic hazard; and
iii) the appearance of the subject site from Baseline Road.
REPORT NO.: PSD-010-13 PAGE 7
In addition to these concerns, Committee members raised the question as to
whether forklift trucks could be used on public roads and whether the use would
actually be temporary for a three year (3) period as applied for or did the applicant
intent to reapply for a prolonged or permanent outdoor storage use on the site.
Following the Public Meeting, Staff met with the General Manager of Alpa to
discuss the various sites on Cigas Road and how operationally the panels are
moved to and from the various sites.
On January 11th, 2013, the applicant provided a letter to the Mayor and Members
of Council providing clarification to some of the questions and comments raised at
the Public Meeting (see Attachment 2).
Appearance of the Site
The subject site has frontage on Baseline Road and Cigas Road. The most
predominant frontage is on Baseline Road. To minimize the visual impacts from
Baseline Road the proposed zoning by-law requires the panels to be set back
behind the front face of the building to the immediate west of the site, being 15
metres from the property front line. In addition, the height of the outdoor storage is
limited to 3 metres.
The applicant has applied for and must receive site plan approval. The applicant
has already installed a chain link fence along the property boundary on Baseline
Road for security purposes. The applicant is proposing to plant 6 foot cedar trees
along the fence line to screen the site.
Staff have requested that the topsoil berms be seeded to keep dust down in dry
weather conditions. Staff will also request cedar trees to be placed on the berms
15 metres back from the front property line.
Long Term Storage Needs
The applicant acknowledged that due to on-site constraints, trailers with panels
were temporarily parked on Cigas Road. However, the long terms storage needs
are being reviewed. New production equipment will allow the panels to be
manufactured faster. This will reduce the need to produce the panels far in
advance to meet their client's needs and therefore reducing storage requirements.
Alpa owns 17 and 29 Cigas Road, as well as leasing lands at 45 Cigas Road.
They intend to purchase additional sites in the area for storage. The applicant has
been advised to speak with staff prior to purchasing additional lands to determine
if the site is appropriate for outdoor storage.
Forklifts on Cigas Road
At the Public Meeting officials from Alpa suggested panels are manufactured in
the plant at 17 Cigas Road. The panels are loaded onto a flat bed truck and
moved to 1720 Baseline Road. A forklift will drive to the site on Cigas Road and
unload the flat bed, once unloaded the forklift will return to the plant.
REPORT NO.: PSD-010-13 PAGE 8
Typically, forklifts are used to load and unload tracker trailers in industrial areas
and construction zones. The Ministry of Transportation has advised staff that
forklifts are permitted on public roads even though they are not licensed.
Staff contacted the Durham Region Police Department and spoke with an officer
in the Traffic Division regarding enforcement. The officer confirmed that the
forklifts were not allowed on public roads under the Highway Traffic Act, but
acknowledged that this activity does take place on a fairly regular basis in various
areas and is rarely ticketed.
Although the operation of the forklift on a public road may be contrary to the
Highway Traffic Act, it should not be a consideration for the rezoning as there are
options for operating the site without having a forklift crossing Cigas Road. Should
the application be approved, the applicant will be required to find a solution to
transporting and unloading the panels at the 1720 Baseline Road site prior to the
issuance of site plan approval.
Should the applicant chose to place a building on the site, specifically to house a
forklift, the draft Zoning By-law allows for the placement of a 6 metre x 6 metre
shed on site. Should this option be selected, the site plan agreement would
contain provisions ensuring that it is removed at the end of three (3) years.
10.2 All departmental and agency comments have been received and there are no
objections to the approval of this application.
Planning Staff have reviewed the application relative to the Provincial policies as
well as the policies of the Official Plan and are satisfied that the use is temporary
in nature and will have no impact on natural features, traffic or transportation
facilities and will not have an impact on the long term implementation of the
Official Plan. The application provides a temporary use of otherwise undeveloped
land until future development occurs. The granular base provides for relatively
minimal investment in the property and allows the lands to easily be redeveloped
further without constraint once the panel systems are moved off the site.
10.3 Alpa is a successful enterprise in Clarington. Unforeseen storage issues have
required them to lease and rezone the subject lands for outdoor storage on a
temporary basis as a solution to an overcrowded manufacturing site, and storage
on flat bed trucks.
The proposed Zoning By-law increases the setbacks for the outdoor storage from
7.5 metres in the M2 Zone to 15 metres and restricts the height to 3 metres. In
addition, provisions have been made to allow a 36 square metre structure to
house the forklift.
Staff are satisfied that through site plan approval process, the site will be
adequately screened from Baseline Road, given the temporary nature of this use.
The appropriate securities will be taken to ensure the works are complete.
REPORT NO.: PSD-010-13 PAGE 9
Prior to the removal of the (H), the applicant is required to enter into a site plan
agreement.
11. CONCURRENCE
11.1 The Municipal Solicitor and the Director of Engineering Services concur with the
recommendations of this report.
12. CONCLUSION
12.1 Given that Alpa has experienced business growth that requires an interim solution
to their capacity problems, staff have no objection to the temporary rezoning and
respectfully recommend that the proposed Zoning By-law Amendment application
be APPROVED and the attached Zoning By-law be ADOPTED by Council. Alpa l
will have three years to find a more appropriate site for their increasing business
operations.
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Cynthia Strike
Attachments:
Attachment 1 - Key Map
Attachment 2 - Letter from Alpa Pre-Engineered Wood Panel Systems
Attachment 3 - Zoning By-law to amend By-law 84-63
List of interested parties to be advised of Council's decision:
Ivano De Carolis
Joann Kozina and Lucy Jardine
Mike Kornopacki
Attachment 1
To Report PSD-010-13
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Attachment 2
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JAN 115 20'i3 DES t EBU`#9
MUNICIPAL-ITY OF CLARINGTON REVIE,NED BY
PLAN: ING OEPARTMLNT__J 9 0 R I,INAL To;
Alpa Pre-Engineered Panel Systems Inc. 1❑ Cour,,clL ❑ COUNCIL ❑ FILE
DIRECTION INFORMATION
Alpa Lumber Group COPY TO:
10 MAYOR ❑ MEMBERS ❑ CAO
I OF COUNCIL I
Friday,January 11,2013 1❑ COMIMUNITY'❑ CORPORATE ❑ EMERGENCY
SERVICES SERVICES SERVICES
❑ Eidf'�lEERlNG ❑ 1SUNICIPAL ❑ OFERAIICIVo
Mayor and Members of Council. S LACES CLERK'S
Municipality of Clarington PLANNING o SOLICITOR ❑ TREASURY
40 Temperance St. SERVICES
Bowmanville, On L1C 3A6 ❑ OTHER
MUNICIPAL CLERK'S FILE
]Z_e: An Application for Temporary Rezoning to Permit Outdoor Storage 'M1`R-e—Rd.,
Courtice.
Report No.PSD-001-13 File#'s:ZBA 2012-0023 and SPA 2012-0034
Dear Mayor and Members of Council,
I would. first like to thank you for giving us the opportunity to speak in front of you to address our
concerns as to the necessity of the approval of this application.
We have applied for and received by the Municipality of Claringtons' Engineering Services
Department and CLOCA, approval to resurface the property in question in order to make it acceptable
to store our finished product. We have substantially complied with the requirements of our permit
other than work that will be continued in the spring such as planting trees to screen the site and seeding
the berms:
Some information though had been overlooked in the presentation and at our opportunity to support
our applications. As for the .omitted information, the power point.presentation did not show the fact
that we also own 29 Cigas Rd. This property is adjacent to the land in question with more of a direct
access, Also it was asked at the meeting about our future plans in case we run out of room again. I
neglected to tell the Committee that we have recently invested in a multi-million dollar wall panel line
that will increase our production capacity and therefore allow us to decrease our turnarouu-id time, In
other words, since we can build it faster we will not need to build so far in advance and store to satisfy
the builders schedule.
As far as screening the frontage on Baseline Road, we plan on putting 6' cedars along the east fence
line and also seeding and maintaining the berms. We will also try and keep most of the stored product
closer to the north side of the property facing Cigas Road. The bundles and rows of finished product
are piled in an organized and neat manner to facilitate not only aesthetics but efficiency.
The•other concern regarding our forklifts on Cigas Rd. only can be addressed by focusing on safety on
the road. Not only are our drivers certified in the safe use of a forklift, they also have many years of
experience in the safe handling of material on route. The forklift is equipped with strobe lights and also
17 Cigas Rd., Courtice, Ontario LIE 2T1 PH: 905-434-1900 FX: 905-434-9776 Page 1
turning signals for safe passage on the road. The forklift is also equipped with a"slow moving vehicle"
sign on the back. As mentioned,the forklift will be crossing the road unloaded.
We do acknowledge this to be.a temporary solution. Our long terra goals, as mentioned, is to increase
our production capability by continuing to purchase advanced equipment and also to acquiring more
land in the area such as the property adjacent to us which.we ]ease for storage presently.
Without this approval, we will run out of storage space to satisfy our customers building schedules
and thus have to lay off employees and who will suffer financial loss. We tool< over an existing
operation that would have otherwise gone bankrupt. We expanded the business to a point where we
have more than doubled the number of employees and would like to retain this volume. We ask that
you tale into account that we are a member of the community in good standing. Have enhanced the
local businesses around us by giving them opportunities to quote and supply. We are good for the
community, good for the local economy and ask that this application be granted oil a temporary basis
so we can continue to work together to grow our business.
Respectfully,
,Wano De Caroli.s,
Manager
Al.pa Pre-Engineered Panel Systems:Inc.
C.C. Mr. George Frankfort, Vice President of The Alpa Luunber Group
17 Cigas Rd., Courtice, Ontario LIE 2T1 PH: 905-434-1900 FX: 905-434-9776 Page 2
Attachment 3
To Report PSD-010-13''
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2013-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
II
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2012-0023;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule 24.4 "Special Exceptions — General Industrial (M2) Zone" is hereby
amended by introducing a new subsection 24.4.20 as follows:
"24.4.20 GENERAL INDUSTRIAL EXCEPTION (M2)ZONE
Notwithstanding Section 24.1 b., 24.2 c. i), d., e:, g and Section 24.3 a
and b., those lands zoned M2-20 as shown on Schedule "A" attached
to this By-law shall only be used for temporary outdoor storage of pre-
engineered wood products for new home construction subject to the
following zone regulation:
a. Building Size(maximum) 36 sq. metres
b. For the purposes of this Special Exception,
outside storage shall be subject to:
i) Front Yard (minimum)from Baseline Road 15 metres
ii) Height(maximum) 3 metres"
Pursuant to the requirements of Section 39 of the Planning Act, 1990 as
amended, the use may be permitted for a period of three (3) years ending on
January 28, 2016.
2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "General Industrial (M2) Zone"to "Holding—
General Industrial Exception ((H)M2-20) Zone" 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 passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
By-law passed in open session this day of 2013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2013-
passed this f 2013 A.D.
Cigas Road
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Baseline Road
Zoning Change From"M2"TO"(H)M2-20"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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ZBA 2012-0023
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