HomeMy WebLinkAboutPSD-091-04
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REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date: Monday, June 28, 2004
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By-law #: d 00'1 -I 9,tf
Report #: PSD-091-04 File #: ZBA 2004-025
Subject:
REZONING APPLICATION TO PERMIT A LIGHT INDUSTRIAL USE
PROPONENTS: 1524103 ONTARIO LTD.
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT report PSD-091-04 be received;
2. THAT the rezoning applications submitted by 1524103 Ontario Ltd. to permit the a light
industrial development be approyed in part;
3. THAT the zoning by-law amendment, as contained in attachment No.2 be approyed
and that staff forward a By-law to Council for the removal of the Holding (H) at such time
as the requirements of Section 23.4.3 of the Clarington Official Plan haye been
complied with and site plan approval in principle has been granted; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by:
Cl,Zk,.J=-k C.<ZL
Franklin Wu,
Chief Administrative Officer
CP/DJC/df
23 June 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
> REPORT NO.: PSD-091-04
1.0 BACKGROUND
1.1 Proponents:
1.2 Owner:
1.3 Rezoning Application:
1.4 Location:
PAGE 2
1524103 Ontario Ltd.
Victor Rudick and Peter Newell
To permit the development of a light industrial use.
Part Lot 5, Concession 1, former Town of Bowmanville, west
of Bennett Road and south of Highway NO.2.
1.5 Area:
19.8 ha
2.0 LOCATION
2.1 The subject lands encompass two adjoining parcels of land, one fronting on the west
side of Bennett Road, south of Highway No.2, north of the future Baseline Road
extension, and the second abutting to the west fronts on the south side of Regional
Road Highway NO.2.
3.0 BACKGROUND
3.1 On May 21, 2004 the application for rezoning was received by the Planning
Department. The proposal is to rezone the subject lands to permit a light industrial
development on the 19.8 ha site.
3.2 The statutory public meeting for this application was held June 21, 2004. Two people
spoke at that meeting. The first, Don Rickard, a neighbouring landowner expressed
concern that storm water be reviewed to ensure the tile drain system currently draining
the lands was not cut-off and water backed up on to his property on the east side of
Bennett Road.
3.3 The second person, was a consultant retained on behalf of Anglo-York Industries who
own lands to the south of the subject property. He suggested the application is
premature as the existing surrounding land uses, despite the industrial designation, are
agricultural. Also there is no comprehensive plan in place for the development of the
remainder of the designated employment area lands. The argument of prematurity was
echoed by the land owner fronting on Bennett Road who is surrounded by the subject
lands.
3.4 As noted in the previous report, staff received a number of enquiries with respect to the
application. The majority of the enquiries were requesting clarification on the type Of
industrial use proposed. Some wanted additional information with respect to the size of
the facility, how it was to be serviced and the number of employees.
These issues are addressed in Section 8.0 - Staff Comments of the report.
REPORT NO.: PSD-091-04
PAGE 3
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4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The site is currently vegetated along the Highway NO.2 frontage and has a dwelling
fronting on Highway No.2. The site is generally flat sloping slightly to the south and
west. The lands have been tiled drained and are currently being leased as farmland.
4.2 Surrounding Uses:
East -
North -
West -
South -
agricultural lands
residences fronting on the south side of Highway No.2
agricultural lands
agricultural lands with no buildings, and Highway 401
5.0 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Employment Area" in the Durham Official Plan. A variety of
industrial uses are permitted in this designation.
5.2 The Clarington Official Plan designates the majority of the lands "General Industrial
Area" with the lands in the vicinity of Highway No. 2 being designated "Prestige
Employment Area". The predominant uses permitted in the Prestige Employment Area
designation includes professional, corporate and office buildings, data processing
centres, research and development facilities and light industrial uses within wholly
enclosed buildings. The General Industrial Area designation is the most permissive
industrial designation. The predominant uses include; manufacturing, assembling
processing fabricating, refining, warehousing, storage and repair and servicing
operations. Outside storage is permitted in the general industrial area.
The Transportation schedules identify Baseline Road as a Type A arterial, Highway No.
2 as a Type B arterial and Bennett Road as a Type C arterial. Road widenings will be
required on all three frontages through future site plan applications to accommodate the
planned road widths. The lands contain no natural features or land characteristics, as
identified on Map C of the Clarington Official Plan.
The application is deemed to conform.
5.3 The policies of the Clarington Official Plan permitted limited deyelopment of the lands
prior to the ayailability of municipal services. Deyelopment on private services is
permitted proYided the development does not consume water in the production,
manufacturing, refining or assembly process and subject to studies demonstrating that
private services can be supported. The issue of servicing will be addressed through the
site plan approval
REPORT NO.: PSD-091-04
PAGE 4
6.0 ZONING BY-LAW CONFORMITY
6.1 The property is currently zoned Agricultural (A). Said zone would not permit the
proposed light industrial development, hence the need for the rezoning.
7.0 AGENCY COMMENTS
7.1 The application was circulated to a number of agencies for comment. The following is a
summary of the agency comments receiyed.
7.2 Central Lake Ontario Conservation Authority staff has reYiewed the subject application
and advise they have no objections in principle to the development. They require a
stormwater management plan demonstrating conformity with the Bennett Creek
Stormwater Drainage Study (Dillon, 1986 and 1992) prior to the deyelopment
proceeding. Zoning approyal subject to (H) holding symbol is supported. They
recommended removal of the holding symbol be withheld until the detailed information
has been provided to the Authority's satisfaction. This will occur through the site plan
approval process.
7.3 Regional Planning Department has proYided a co-ordinated response on behalf of
Regional Works, Health and Planning. They advise that the lands are designated
"Employment Area" in the Durham Region Official Plan. This designation shall allow
lands to be used for industries and businesses. The rezoning application conforms.
Municipal water and sanitary sewer are presently not available to service the subject
lands. Extension of both these services is feasible, however the applicant will be
responsible for the full cost of extending services.
The Regional Health Department adYised they support the application in principle.
Sewage flow rates for the proposed development must be established for the design of
the sewage system.
Baseline Road is a Type Arterial Road in the Durham Official Plan. The Municipality is
encouraged to acquire sufficient road widening for the minimum Type A arterial roadway
width. Regional Road Highway No. 2 is a Type B Arterial Road. The applicant is
required to provide a road widening to accommodate 15m from centerline of the
Highway No.2 right-of-way.
Regional Planning staff further advised that the potential for environmental site
contamination should be addressed through the processing of this application.
7.4 The Clarington Engineering Services Department has no objection in principle to the
rezoning application. Preliminary comments were provided with respect to requirements
to be considered as part of a future site plan application. The comments advise of
transportation requirements as identified in the Clarington Official Plan that must be
complied with. Grading and drainage requirements were specified, as well as other
engineering design standards and financial requirements to be satisfied.
REPORT NO.: PSD-091-04
PAGE 5
7.5 Neither the Emergency Services nor the Building Division proYided and concern with the
rezoning application. They both advised that on-site water will be required for fire
protection.
8.0 COMMENTS
8.1 The applicant is currently working on a site plan submission for the proposed
development. Through pre-consultation the applicant has indicated that the Phase 1
building will be accessed from Bennett Road and is to be approximately 2785 m2
(30,000 ft2). The proponent has suggested they wish to maintain a park like setting.
With this in mind, the applicant proposes a building having large setbacks, in excess of
30 metres (100 ft) from all property lines, with no outside storage associated with the
development
8.2 The applicant has indicated water is not used in the production, manufacturing, refining
or assembly process. As a result, the use is considered a 'dry-light industrial use'. In
accordance with the policies of the official plan a report detailing the servicing issues will
be required as part of the site plan submission.
8.3 Prior to development of this property, or the Municipality granting site plan approval, the
issues identified by the various agencies must be addressed. This includes issues wit~
respect to soil capabilities for on-site servicing, and stormwater management. These
studies will review all stormwater management issues and identify how this
development can proceed without negatively impacting water movements on adjacent
properties.
8.4 Staff do not consider this application to be premature or contrary to the surrounding land
uses. The lands are within the limits of the Bowmanville urban boundary and are
designated for industrial development. Agricultural crop production is viewed as good
management of land for property that is designated for urban development, but not
immediately required. The rezoning of a portion of these lands to permit a light
industrial development of 30,000 if is, in Staffs opinion, not an impediment to
development of the balance of the larger industrial area.
8.5 The Zoning By-law amendment proposes to zone sufficient lands to accommodate the
proposed access from Bennett Road, the building, parking and storrnwater
management pond area. The amendment allows for restricted list of use and 30 metre
setbacks from the property lines. Future phases will require further zoning amendments.
9.0 CONCLUSIONS
9.1 In consideration of the positiye comments received from the circulated agencies and
staff comments provided, it is recommended that the rezoning application be approved
subject to a holding (H) provision. The holding provision would be removed at such
time the applicant has satisfied the various agency concerns with respect to servicing,
REPORT NO.: PSD-091-D4
PAGE 6
stormwater management, road widenings and other issues that may arise through the
site plan approval process.
Attachments:
Attachment No. 1 - Key Map
Attachment NO.2 - Zoning By-law
Interested parts to be notified of Council's decision:
Victor Rudick
1855 Rosebank Road
Pickering, ON L 1V 1P5
Peter Newell,
c/o Oglivy, Renault
Suite 2100
Royal Trust Tower
P.O. Box 141
Toronto, ON
1524103 Ontario Ltd.
200 Baseline Road East
Bowmanville, Ontario
THE KING's HIGHWAY NO.2
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ATTACHMENT 1
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BASELINE ROAD
(UNOPENED ROAD ALLOWANCE 8ETWEEN 8.F. AND CONCESSION 1)
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ZBA 2004-025
Zoning By-law Amendment
Owner: Victor and Patricia Rudik
Peter and Christopher Newell
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 application ZBA 2004-025 to permit a light industrial use on the subject lands;
NOW THEREFORE BE iT RESOLVED THAT the Council of the Corporation of the Municipaltty
of Ciarington enacts as follows:
1. Section 24.3. "SPECIAL EXCEPTIONS - GENERAL INDUSTRIAL (M2) ZONE" is hereby
amended by adding a new Section 24.3.17 as follows:
"24.3.17 GENERAL INDUSTRIAL EXCEPTION (M2-17) ZONE
(1) In this Section, the terms mean:
"research and development use" means a business that engages in research, or
research and deveiopment, of innovative ideas In technology-intensive fields."
"research iaboratory" means an administrative, engineering, scientific research,
design or experimentation organizations where product testing is an integral part
of the operation and goods or products may be manufactured as necessary for
testing, evaluation and test-marketing."
(2) Notwithstanding the provisions of 24.1(b), and 24.2 no person shall use any land
or erect or use any building or structure located in a M2-17 zone for any non-
residential purpose unless the provisions of this Section and applicable
provisions of the aforesaid By-law 84-63 are satisfied:
i) Non-Residential Uses:
a) business or professional office provided such use is accessory and
incidental to a permitted use otherwise specified herein;
b) a dry light industrial use;
c) research and development use; and
d) research laboratory
ii)
Zone Regulations:
a) Yard Requirements (minimum)
i) Front Yard
ii) Exterior Side Yard
iii) Interior Side Yard
iv) Rear Yard
30 metres
30 metres
30 metres
30 metres
b) Lot Coverage
c) Landscape Open Space
25 percent
40 percent
2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Agrtcullural (A) Zone"lo "Holding - General Industrial Exception ((H)M2-17) Zone"
as shown on the attached Schedule "A" hereto.
3. Scheduie "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 Pianning Act, R.S.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
2004
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
.
This is Schedule "A" to By-law 2004-
passed this day of .2004 A.D.
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HIGHWAY 2
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Unopened Road Allowance Between
Broken Front And Concession 1
~ Zoning Change From "A" To "(H)M2-17"
V:::::::::::::::::l Zoning To Remain "A"
John Mutton, Mayor
Patti L. Barrie. Municipal Clerk
LOT 8
LOT 7
LOT 6
LOT 5
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