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Home My WebLink AboutPSD-031-04 Cl!J!mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 lJ,q l:I'GPA--l\\~o4- Report #: PSD-031-04 File #: ZBA 2003-051 and COPA 2003-013 By-law #: .;:} 004- - 0"7 Cl oo'-\-- obS 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-031-04 be received; 2. THAT the official plan amendment and rezoning applications submitted by the Tarola Enterprises Inc. be APPROVED; 3. THAT Amendment No. 37 to the Clarington Official Plan contained in Attachment 2 to this Report be adopted and that the necessary By-law be passed; 4. THAT the proposed Zoning By-law contained in Attachment 3 to this Report be passed; 5. THAT the Holding (H) symbol be lifted at such time as the applicant has entered into a site plan agreement with the Municipality. 6. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 7. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed b()~~ Franklin Wu Chief Administrative Officer a :I. Crome, M.C.I.P.,R.P.P. Director, Planning Services RH*CP*DC*df 1 March 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVlLLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 (jj0 "REPORT NO.: PSD-031-04 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. 3.2 A statutory Public Meeting was held on January 26, 2004 at which no member of the public, other than the applicant, spoke in favour of or in opposition to the proposed land use amendment. 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 Oj/ "REPORT NO.: PSD-031-04 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 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department, Durham Region Public Works Department, and Central Lake Ontario Conservation have no objections to the official plan amendment and rezoning applications. 7.2 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. 7.3 The Durham Region Planning Department has no objections to this proposal provided that the applicant provides a Record of Site Condition to remediate any contamination issues on the property. This relates to residual solvents, paints, and petroleum distillates contained within the existing buildings. This matter will be dealt with through site plan approval. Since the amendment is considered to have no significant Regional or Provincial concerns, the application is exempt from Regional approval. 7.4 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. 8.0 COMMENTS 8.1 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. o it U 'REPORT NO.: PSD-031-04 PAGE 4 8.2 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, as well as through the provisions of the existing M2 zoning. 8.3 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 outdoor truck display and storage area. 8.4 The applicant has submitted a site plan application (SPA 2003-051) that is being used to approve revised signage for the building. Staff are currently finalizing building signage and issuance of a sign permit. The applicant will be required to further amend the existing site plan agreement for the following reasons: . The site plan must be amended to indicate the location of the new commercial motor vehicle display and remove any general outdoor storage areas. Only vehicles being offered for sale will be permitted to be stored along the Lake Road frontage. Additional changes to surface treatment, which may affect drainage, must also be shown. . The landscaping plan must be amended to indicate additional landscape treatments to soften the outdoor display area from Lake Road and Port Darlington Road. Staff requires that the area be landscaped with shrubs and rockery, similar to what is being provided at new automotive dealerships. 8.5 A Phase 2 site assessment has been completed The site assessment indicated that the property had not been negatively impacted by activities from previous owners. The report recommended that residual solvents, paints, and petroleum distillates left by the previous owner inside the buildings be properly disposed. A Record of Site Condition must be forwarded to the Region of Durham Planning Department, Ministry of Environment, and Municipality of Clarington ensuring that the required work has been completed. This matter can be dealt with prior to issuance of site plan approval. 8.6 The property is currently zoned "General Industrial (M2) Zone", which does not conform to the "Light Industrial Area" designation contained within the Official Plan. Staff are recommending that the property be rezoned into conformity with the Official Plan in the form of a light industrial exception zone with a Holding symbol for the following reasons: . The general industrial zoning permits up to 70% of the property to be used for outdoor storage of goods and materials accessory to a permitted use. This is contrary to the Official Plan designation and policies. The proposed zoning will limit outdoor storage only to trucks being displayed for retail purposes or I,) 't I REPORT NO.: PSD-031-04 PAGE 5 trucks andlor trailers being left for service. It will not permit general outdoor storage of old or used parts, components, trailers or trucks. . The holding symbol is recommended to ensure that site plan approval for outstanding matters is finalized and the Record of Site Condition is provided. Once the applicant has received site plan approval, a report will be forwarded to Council recommending that the Holding symbol be removed. 10.0 CONCLUSIONS 10.1 Based on the comments contained in this report, it is respectfully recommended that the proposed official plan amendment and rezoning applications be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Proposed By-law Amendment Interested parties to be notified of Council's decision Vince Tarola Tarola Enterprises Inc. 5475 Dixie Road Mississauga, ON L4W 1 E6 Glenn Genge D.G. Biddle & Associates Limited 96 King Street East Oshawa, ON L 1 H 1 B6 (; 'r L ATTACHMENT 1 <SR..<.ss R"''l-71l.II5 A,"'7J2.l'JQ~ C"'.)2.797 N BCr"4e"-4-{;'C r.-~ "", ,~ ~X;5~~ ""''<E,~ ..1 ~"'-'-'-'-'_,_, ~ \ ~ .~_ ~:~e - !b rm -:-~-!-'-.-L~__ ., \~ ,,;.@1'/- : \h \ / ............. 0,,... j. ' , / 0: \:-", ) I t, f ~ ,__.J. . l.. .J..' --, ~ I . : ~\"\ "', ~ '?tJ' /r-I,/ ~ e.5nc ~ / i I ~- \ __ I ", IL _ I :\ / Ii? J' I "";, ,; _ _ ~AO", I' ' "$, r----- \ . Oc " f ~",<;,~;:;--~':o :l'rp) I r--- -tr, I' ~ _~' ....."'GAs _' ~, ,I. ".IS 3..::'5 -r--~:- ;, /t/ :::tt ~ _i:r1 ~ =>-"'-:.' _ r--- " ,'v. I ~ . ~-,' I \/ -~/\ '" "'""1 J 'l:l r- ~~<;Bot; _-----E' .! ~ ".~ fj ~.c,)(21.0~:;; r- "'. _~ ~ / "~~~~ jf. TJc-UC (2 i="':":;::k.<. ~, q '\. fl..,", ~ : ~--"\ '1" - - "7-~ ! -~~'~~:~{~r.~~~"-_~.I f '" : ~ ~ ~~~"" -. / ~: ; "'" ~ "-.' \ '-. -' -~/ ...., ~\. '\ /' . - "-,; - T Tj'IIf!J-OI' '~, . ~7 ".... ) <."" .\,oZ<:>1! / ~ , ""-- ' Y~'S9 ~ ! I (/ I l! / ";he: ll! 01 0 I ~ ,~,~S~:I I -/;, ! " ~ if or "- "' ~. -..._~_.., ~ , ....... ~-....... C !!::>.c:!----,. , '-.. --....... \ ""ss - ,_ /' \" . -.........:: /06 *~i$ ..---_ -, ~ \........................ "I ~ I '-J....:.. \ . \. "::'<09 \ '-'-.) . \ "'.. -........ ____;f -'_.__ I ~ . --. -- --- --.----:.., , ~ ..... _________ _____ I -=- ~ "OJ'<, ' '-'-'-'_'_ //~.____ _ .'__.___~ ~ ~'..'C~52,., ' ,/ "~ ~=~-- tAKE ==-... -___ --=-~- ..... ~~~O c-.~_ '::~"-"- LB L'j I ] Bowmanville Key Map II Ii a,t,SWNE ROAD II EAST IL ZBA 2003-051 Zoning By-law Amendment COPA 2003-013 Clarington Official Plan Amendment ~ ~ m o . , o u ~ ~ 8 ~ ~ w '~ " " ~ j) {~l Owner: Tarola Enterprises U -_or j PURPOSE: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: ATTACHMENT 2 AMENDMENT NO. 37 TO THE CLARINGTON OFFICIAL PLAN The Amendment implements a land use change to permit the sale, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses. The Amendment is based on an application submitted by Tarola Enterprises Inc. (COPA 2003-013). The Clarington Official Plan is hereby amended as follows: By adding Section 11.5.6 as follows: "11.5.6 Notwithstanding Section 11.5.2, the sale, repair, and outdoor display and storage of commercial motor vehicles may be permitted in addition to other permitted uses on land located at 122 Lake Road within Part Lot 9, Broken Front Concession, Bowmanville." The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. u 'r"f ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-Law to amend By,Law 84-63, the Comprehensive Zoning By-Law for the Corporation of the Municipality of Clarington 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 former Town of Newcastle in accordance with applications COPA 2003-013 and ZBA 2003-051 to permit the saie, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses: NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipaiity of Clarington enacts as follows: 1. Section 23.3 "SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23.3.10 as follows: "23,3.10 LIGHT INDUSTRIAL EXCEPTION (M1-10) ZONE Notw~hstanding Section 23.1, those lands zoned M1-10 on the Schedules to this By-law may also be used for the sale, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses." 2. Schedule "3" to By-Law 84,63, as amended, is hereby further amended by changing the zone designation from: "General Industrial (M2) Zone" to "Holding - Light Industrial Exception ((H)M1-10) Zone" as shown 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 Sections 17.2 and 34 of the Planning Act, RS.O, 1990. By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 By,Law read a third time and finally passed this day of John Mutton, Mayor Patti L. Barrie, Municipal Clerk '~ ~r ~i ATTACHMENT 3 2004 This is Schedule nAn to By-law 2004- , passed this day of .2004 A.D. J John Mutton, Mayor Patti L Berrie, Municipal Clerk ..-J ell "0 Bowmanville HIGHWAY 401 ."", lJ-r 'J . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY,LAW NUMBER 2004- being a By-Law to adopt Amendment No, 37 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O, 1990, as amended, authorizes the Municipality of Clarington to pass by,laws for the adoption or repeal of Official Plans and Amendments thereto: AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the sale, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 37 to the Clarington Official Pian being the attached Explanatory Text is hereby adopted; 2. This By,Law shall come into force and take effect on the date of the passing hereof. By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 By,Law read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk ""I i I