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HomeMy WebLinkAboutPSD-064-17Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 11, 2017 Report Number: PSD-064-17 Resolution Number: File Number: COPA 2017-0006, ZBA 2017-0011 By-law Number: Report Subject: Applications by 1816451 Ontario Limited to permit an Auto Mall with a minimum of three motor vehicle dealerships including recreational vehicles/trailer sales establishments, Rundle Road, Courtice Recommendations: 1.That Report PSD-064-17 be received; 2.That the proposed application for Rezoning ZBA 2017-0011 submitted by 1816451 Ontario be approved as contained in Attachment 1 of Report PSD-064-17; 3.That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; 4.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-064-17 and Council’s decision; and 5.That all interested parties listed in Report PSD-064-17 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-064-17 Page 2 Report Overview This report is recommending approval of an application to amend Zoning By-law 84-63, submitted by 1816451 Ontario Limited to permit an auto mall with a minimum of three motor vehicle dealerships including recreational vehicles/trailer sales establishments and accessory motor vehicle service uses at 570 Rundle Road in Courtice. The site is currently designated Light Industrial Area in the Clarington Official Plan which permits an auto mall by a site specific zoning. The proposed Zoning By-law Amendment will align with the current land use designation. The proposed Zoning By-law will be subject to the (H) Holding Provision which can only be lifted once all the conditions of the Official Plan have been met, specifically site plan approval. 1. Application Details 1.1. Owner/Applicant: 1816451 Ontario Limited (Owasco) 1.2. Proposal: To permit an auto mall with a minimum of three motor vehicle dealerships including recreational vehicles/trailer sales establishments and accessory motor vehicle services uses. 1.3. Area: 16.4 hectares 1.4. Location: 570 Rundle Road, being on the west side of Rundle Road, south of Baseline Road, north of Highway 401 in Courtice, See Figure 1. 1.5. Roll Number: 18-17-010-020-15600 1.6. Within Built Boundary: No Municipality of Clarington Report PSD-064-17 Page 3 Figure 1: Site Location showing 50 metre buffer from Natural Heritage Feature 2. Background 2.1. On March 29, 2017, 1816451 Ontario Limited submitted applications for an Official Plan Amendment and Zoning By-Law Amendment to permit an auto mall with a minimum of three motor vehicle dealerships including recreational vehicles/trailer sales establishments and accessory motor vehicle services uses. The development will proceed in multiple phases. Phase 1 includes a dealership for recreational vehicles and trailer sales and service on private services. Municipality of Clarington Report PSD-064-17 Page 4 2.2. The applications were submitted following Council adoption of Amendment 107, but prior to the Region of Durham approving Amendment 107 to the Clarington Official Plan. The applicant submitted an Official Plan Amendment application as a precaution in the event approvals were delayed or there was an appeal effecting the policies pertinent to the applicant’s proposal. Amendment 107 is now approved, subject to appeals, however no appeals pertaining to the policies relating to auto mall uses were received. As such, the application to amend the Clarington Official Plan will be withdrawn. 2.3 The applications were deemed incomplete pending the submissions of the required studies. On May 12, 2017 the majority of the studies were received with the exception of the Environmental Impact Study (EIS). Phase 1 is in close proximity to a natural heritage feature (woodlot/wetland) which triggers the need for an Environmental Impact Study. Staff, in consultation with the Conservation Authority, agreed to allow the applications to be circulated with the EIS to follow provided that the site plan showed a minimum 50 metre buffer from the feature and Species at Risk Assessment is undertaken. The EIS was received on August 3, 2017. 2.4 An application for site plan approval was received on May 17, 2017. 2.5 In January 2017, the General Governance Committee approved Report EGD-002-17 which recommended the conveyance of two municipally-owned unopened road allowances which were created by a plan of subdivision in 1915 (Plan 97). The closure of one road allowance and the closure and conveyance of the other were required by the applicant to facilitate the proposed auto mall. See Figure 2 below. Figure 2: Lands conveyed to Applicant Municipality of Clarington Report PSD-064-17 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The subject lands front on Highway 401 and are accessed from Rundle Road. There is a woodlot/wetland area at the north east corner of the subject site. The balance of the lands is relatively flat and was cultivated in the past. See Figure 3 below. Figure 3: Google Earth aerial view of subject property looking north. 3.2 The surrounding uses are as follows: North - one single detached dwelling, CP Railway and beyond, industrial lands South - Highway 401 and beyond Ontario Power Generation – Darlington Station East - Two single detached dwellings and cultivated fields West - Off ramp construction for the future 418 Interchange 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement encourage planning authorities to promote economic development and competitiveness by providing for an appropriate mix and range of employment and institutional uses to meet long-term needs as well as providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. Where municipal or private communal sewage or water services are not provided, individual on-site sewage and water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. Municipality of Clarington Report PSD-064-17 Page 6 4.2 Provincial Growth Plan The Provincial Growth Plan supports economic development and competitiveness by making more efficient use of existing employment areas, vacant and underutilized employment lands and increasing employment densities. Sufficient lands shall be available for a variety of employment to accommodate forecasted employment growth horizon of the Growth Plan. Land use planning and economic development goals and strategies shall integrate and align together to retain and attract investment and employment. 4.3 The proposed development will support a range of employment uses that will promote a diversified economic base, activities and ancillary uses. The proposal is consistent with the Provincial Policy Statement and conforms with the Growth Plan. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the site as Employment Area. The Employment Area designation is for uses that by their nature may require access to highway, rail, and/or shipping facilities, and may require separation from sensitive uses. Permitted uses include manufacturing, assembly and processing of goods, service industries, warehousing, storage of goods and materials etc. The Region requires the lower-tier municipalities to determine the specific land uses and implementing zoning by- laws to further define land uses. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject site as Light Industrial Area and Environmental Protection Area. Light Industrial Areas are located in places of high visibility along major arterial roads and freeways and maybe located adjacent to residential areas. An auto mall comprising a minimum of 3 individual motor vehicles dealership including recreational vehicles/trailer sales established and accessory motor vehicle service uses may be permitted by site specific rezoning provided it is located on a Type “A” Arterial Road or on lands having exposure to Highway 401 and a comprehensive streetscape, landscaping and signage plan is prepared to the satisfaction of the Municipality. The woodlot/wetland is designated as Environmental Protection Area. No development is permitted within the feature and a 30 metre buffer is required. An Environmental Impact Study is required to determine the proximity of development to the feature. The Official Plan requires all Employment Areas to be developed on full municipal services. Limited development on private services is permitted subject to conditions, which include: the use shall not require water consumption in production or manufacturing; an engineering report demonstrating private servicing can be supported; and that the lands are zoned to allow private services. Municipality of Clarington Report PSD-064-17 Page 7 6. Zoning By-law Zoning By-law 84-63 zones the subject lands Light Industrial (M1), General Industrial (M2) and Agricultural (A) Zone. A rezoning is required to permit an auto mall. 7. Summary of Background Studies The studies submitted in support of the application are summarized below. Phase One and Two Environmental Site Assessment, Golder Associates, December 2016 A Phase One Environmental Site Assessment (ESA) was prepared for the entire land parcel and identified a potentially contaminating activity (historical orchard) and recommended a Phase 2 ESA. The Phase 2 ESA concluded that the reported concentrations of potential concerns in all soil samples were below the applicable site conditions standards. Environmental Impact Study, Cunningham Environmental Associates/ Azimuth Environmental Consulting Inc., July 2017 An unevaluated wetland/woodlot covers approximately 2.412 hectares of the 16.92 hectare site. The feature consists of mainly willow, green ash, white elm and a poplar treed swamp, with a small block of lowland white ash/white elm in the southeast corner of the feature. Four natural vegetation communities as a single unit have been designated as a key Natural Heritage Feature in the Regional Official Plan and as Environmental Protected Area in the Clarington Official Plan. With respect to wildlife, 33 species of birds, 9 species of animals and 5 amphibians and reptiles were observed or there was evidence of their presence. At present and given the proposed Metrolinx development and Highway 401, there is no potential for linkages. The EIS states that two Species at Risk were observed, including a barn swallow and eastern meadowlark, however there was no evidence of breeding. No butternut trees or any other botanical specimens were observed. The Central Lake Ontario Conservation Authority development policies and guidelines require a 10 metre buffer from the staked dripline of a woodland feature or a 15 metre buffer from the staked dripline of a wetland. This feature was staked with CLOCA staff in attendance in May 2017. The report recommends a minimum 15 metre buffer from the stake dripline edge of the wetland which provides a 30 metre buffer but with planting enhancements and a bioswale within the buffer. Municipality of Clarington Report PSD-064-17 Page 8 Hydrogeological Assessment Report, GHD, July 10, 2017 A hydrogeological analysis was undertaken by installing boreholes ranging from 3.5 metres to 6.6 metres in depth. Monitoring wells were installed to facilitate measurements. Existing well records were also reviewed. The report concluded the site is suitable conventional septic systems and there is adequate water supply for the proposed development. The water quality is good with no exceedances of health parameters. Impacts on existing domestic wells in the area are not expected. Geotechnical Investigation Report, GHD, June 23, 2017 The geotechnical investigation concluded that based on boreholes and site observations the site is suitable for commercial development. Clarington Auto Mall Traffic Impact Study, WSP, Final Report, May 2017 A Traffic Impact Study examined traffic counts at several intersections including Baseline Road and Rundle Road, Baseline Road and Holt Road, Holt Road and Highway 401 both eastbound and westbound, and Holt Road and Energy Drive. It concluded that for Phase 1 only upgrades to Rundle Road will be required to a rural cross section with no turning lane required at the Baseline Road intersection. Warning signals without gates are required at the CP Level Crossing on Rundle Road. Driveway spaces are sufficient and therefore no turning lane on Rundle Road is required. Trip generation for full build out at the PM peak hour will be 89 in and 150 out for a total of 239 trips in the peak hour. Functional Servicing and Stormwater Management Facility Design Brief, D.G. Biddle & Associates, May 2017 Each building will be serviced with individual septic systems and drilled wells. On-site storm sewers have been sized in accordance with Municipality of Clarington Design Criteria. Overland flows will be directed to ditches at the north end of the site. The implementation of a stormwater management wet pond and infiltration galleries (LID’s) will provide Level 1 Enhanced quality control in addition to providing cooling of urban stormwater discharges. The stormwater management facility allows for storms up to an including the 100-year return frequency to be attenuated to pre-development flows. Water for firefighting will be stored in underground tanks. Municipality of Clarington Report PSD-064-17 Page 9 8. Public Meeting and Submissions 8.1 Two residents residing at the same address on the east side of Rundle Road spoke in opposition to the application. Their main concern was that location of the proposed GO Layover facility would devalue their property. They were also concerned that the auto mall will bring additional traffic, noise, loss of privacy and will impact their well. The residents subsequently sent a letter that was addressed to Metrolinx in 2011 but added an additional note that reiterated their concerns with traffic on Rundle Road. 8.2 A resident living on the north side of Baseline Road spoke in support of the application. The resident suggested that the whole area be reviewed, not just specific sites and that his lands should also be included in the Urban Area for Courtice and designated Industrial. 8.3 Area residents concerns will be addressed in Section 11. 9. Agency Comments 9.1 Region of Durham Planning and Economic Development Department states that the subject lands are designed Employment Area in the Regional Official Plan. Employment Areas are set aside for uses that by their nature may require access to highway, rail and/or shipping facilities. This designation permits manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, the storage of goods and materials and freight transfer. Limited infill may take place in Urban Area with private drilled wells and/or private sewage disposal systems prior to the availability of municipal services. The applicant will be required to enter into a development agreement with Region to connect to water and sewer services when they are extended to the site. A peer review of the Hydrogeological Assessment Report will be required in accordance with Regional Official Plan policies at the Owner’s expense. The Region has advised that the proposal is consistent with the Provincial Policy Statement as the proposed development will support a range of employment uses that will promote a diversified economic base, activities and ancillary uses. The proposal generally conforms will the Growth Plan as it will provide an opportunity to create a diversified economic base that will maintain a selection of employment uses and economic activities throughout the municipality. A Stage 1 Archaeological Assessment must be submitted the Ministry of Tourism, Culture and Sport for their review and approval. Municipality of Clarington Report PSD-064-17 Page 10 A Phase One Environmental Site Assessment (ESA) identified a potentially contaminating activity and an area of potential concern and recommended a Phase 2 ESA. The Phase 2 concluded that the reported concentrations of potential concerns in all soil samples were below the applicable site conditions standards. The Region requires that a Regional Reliance Letter and Certificate of Insurance be completed to the Region’s satisfaction. The applicant will require approval from the Health Department for the private services on the site. The Regional Works Department reviewed the Traffic Impact Study (TIS). While the proposed auto mall has no direct impact on Regional Roads, the TIS should have included a discussion on Transit, Active Transportation and Transportation Demand Management. The Region has no concerns with the approval of the proposed rezoning subject to an (H) Holding Provision. The Holding Provision can be lifted once the applicant provides satisfactory evidence which addresses hydrogeological concerns, archaeological potential, and potential site contamination for the site subject as well as a development agreement for the future provision of municipal services. 9.2 The Central Lake Ontario Conservation Authority has not provided formal comments, given the recent submission of the Hydrogeological Report, Geotechnical Report, Functional Servicing Report and Environmental Impact Study. However, for the purposes of establishing zone boundaries from the woodlot/wetland feature, the Conservation Authority supports a 30.0 metre setback from the woodlot/wetland consistent with the Clarington Official Plan. Comments will be forthcoming related to site plan application when the reports are reviewed and fully vetted by Authority Staff. 9.3 The Ministry of Transportation has offered no objection, stating that site layout for Phase 1 and 2 is acceptable. The 14.0 metre setback to the Highway 401 property line must be maintained. The applicant must submit a detailed Stormwater Management Report, a Photometric Lighting Plan and all associated drawings prior to issuing the required MTO Permits for the proposed development. 9.4 Metrolinx notes that the subject lands are located immediately adjacent to Canadian Pacific Railway. While GO Transit does not currently operate commuter trains on this line, there are plans to introduce such service in the future. The lands immediately adjacent to the subject site have been identified as a future Rail Facility to be operated in conjunction with the planned service extension. The Functional Servicing Report (FSR) proposes a stormwater management facility outlet to the existing drainage ditch, running underneath Metrolinx’s proposed Rail Facility. Metrolinx will not permit the outlet through these lands. An alternate alignment will be required to address the site drainage requirements. 9.5 Canada Post and Enbridge Gas offered no objections to the proposal. Municipality of Clarington Report PSD-064-17 Page 11 10. Departmental Comments 10.1 Engineering Services The Engineering Services Department has reviewed the above-noted application and have no objection to the rezoning proposal as presented. The approach and recommendations provided by the applicant in regards to servicing in principle, is acceptable. The proposed reconstruction of Rundle Road from Baseline Road to the south limit will need to be reviewed with further submissions through the site plan process. Truck turning details will be required for the bulb at the south limit of Rundle Road and internal to the site. Upgrades to the level crossing will need to be submitted with the Rundle Road Reconstruction Drawings. The upgrades will need to take into account the future requirements of the level crossing and comply with current Transport Canada Grade Crossing standards. 10.2 Fire Department Given the single access to the site, all buildings should have a full sprinkler system and an access panel in Hwy 401 barrier in line with the hydrant connection to allow firefighting operations should Rundle Road be blocked by a train. 10.3 Operations Department The Operation Department has no objection as it relates to the installation of culverts, maintenance of Rundle Road with respect to grass cutting, on-site snow storage and street lighting. 11. Discussion 11.1 Phase 1 will be Owasco’s sales and service of recreational vehicles and trailers. Subsequent phases will include other franchised dealerships. Access to the site is from Rundle Road and with a private internal road system. Development will proceed on private well and septic system until municipal water and sanitary services are available. Stormwater will be contained on site with a stormwater management pond. An underground water reservoir is proposed on site for firefighting purposes. Site Plan Approval will be required for each dealership. The applicant is anxious to proceed with the rezoning in order to meet operational deadlines imposed on them at their dealership in Whitby. Staff have separated the issues that affect the zoning from those items that can be dealt with through the site plan review and approval process. Municipality of Clarington Report PSD-064-17 Page 12 11.2 Natural Heritage Feature The Environmental Impact Study was required to determine the setback requirements to the unevaluated woodlot/wetland on the site. The applicant’s consultant are recommending a minimum 15 metre buffer from the staked dripline (15 metres from the feature) or a 30 metre buffer in total. However, the EIS recommends plantings and bioswales within the 15 metre buffer beyond the staked dripline. This will have to be reviewed by Authority staff and is an issue that can be dealt with through the site plan review process. 11.3 Metrolinx The Environmental Assessment for the extension of Lakeshore East GO Rail Service identifies a portion of the subject lands as a layover facility for rail maintenance. The site plan for Phase 1 shows the dealership, parking and private services outside of the area required for the ultimate build-out for the layover facility. Metrolinx objects to any drainage flowing on the layover site. However, these lands are currently owned by the applicant and the FSR is showing the same drainage pattern that currently exists on site. The applicant is exploring options to relocate the drainage channel that is suitable to both parties. This will continue to be addressed through the site plan review process. 11.4 Rundle Road Improvements Rundle Road is currently built to a rural cross section with critical deficiencies in base, drainage and surface. Full reconstruction of Rundle Road from Baseline Road to the south limit, including the turnaround will be required at 100% cost to the applicant. A level rail crossing on Rundle Road only has warning signs, no safety arms or lights. Warning system upgrades may be required as per Transport Canada regulations and the Railway Safety Act at 100% cost to the applicant. 11.5 Resident Concerns The residents are primarily concerned with the Metrolinx layover facility and the impact on property values. The concerns with respect to the auto mall more related to traffic and well impacts. The subject site is the eastern boundary of the Light Industrial Area, and increased activity and noise is to be expected as the site and other industrial lands are developed. With respect to well interference, the Hydrogeological Report stated there is ample subsurface water supply and the water quality is good. Impacts on existing domestic wells is not expected. Municipality of Clarington Report PSD-064-17 Page 13 11.6 Regional Services This portion of the Courtice Employment Area will be isolated from the balance of the area by Highway 418. Staff had previously requested that the Region provide for service extensions under Highway 418 during its construction but no action was taken on this. The site plan agreement will require the applicant to connect but it is unlikely that services will be extended for a very long time. 11.7 Proposed Zoning By-law Amendment The subject site is currently designated Light Industrial Area. The auto mall use is permitted through site specific zoning which will exclude used car dealerships, boat and all-terrain vehicle dealerships and recreational vehicle storage. The proposed zoning by- law amendment will align with the Light Industrial Area designation policies. The woodlot/wetland feature and buffer will be zoned Environmental Protection. There are several site plan issues to work through, particularly with respect to drainage however, staff are of the opinion that solutions can be found through the site plan approval process. The (H) Holding Provision is included to ensure all concerns are addressed in keeping with Official Plan policies. The (H) will only be removed once site plan approval is issued and prior to the issuance of the building permits for each dealership. 12. Concurrence Not Applicable. 13. Recommendation The outstanding issues are development details that can be dealt with through the site plan process. It is respectfully recommended that the application to amend the zoning by- law be approved as. Municipality of Clarington Report PSD-064-17 Page 14 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew C. Allison B.Comm LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Cynthia Strike, Principal Planner, 905-623-3379 ext. 2410 or cstrike@clarington.net Attachment: Zoning By-Law The following is a list of the interested parties to be notified of Council’s decision: Rodger Miller, Miller Planning Services Bob Verwey, Owasco John Fledderus, Owasco Barb and Rick Percy Aldeth Whorm Eid Attia Everett and Tobia Groeneveld CS/CP/tg I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0011 570 Rundle Road - Owasco\Staff Report\PSD-064-17 Staf Report.docx Attachment 1 to Municipality of Clarington Report PSD-064-17 Corporation of the Municipality of Clarington By-law 2017-______ 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 Municipality of Clarington for ZBA 2017-0011; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: a) Section 2 is hereby amended by adding the following new definition: Motor Vehicle and Recreational Vehicle Sales Establishment shall mean a building or structure and associated land where a franchised dealer displays motor vehicles and recreational vehicles for sale or rent, but does not include motor vehicle dealerships selling only used motor vehicles or the sale of snowmobiles, boats, personal watercrafts or all-terrain vehicles, and shall not include recreational vehicle storage. Permitted accessory uses include a motor vehicle repair or body shop as part of a franchised dealership. b) Section 23.3 “SPECIAL EXCEPTIONS – LIGHT INDUSTRIAL (M1) ZONE is hereby amended by adding new Special Exception Zone as follows: “SECTION 23.3.12 LIGHT INDUSTRIAL EXCEPTION (M1-12) ZONE Notwithstanding Sections 2, 3.12 f., 3.16 m., 23.1 b., and 23.2 e. those lands zoned M1-12 on the Schedules to this By-law shall only be used for the following uses: a. Permitted uses: Motor Vehicle and Recreational Vehicle Sales Establishment b. Special Yard requirements: i) the south property line with Highway 401 shall be deemed to be the front lot line for the purposes of determining yard requirements ii) Front Yard (minimum) 40 metres (maximum) 50 metres iii) From an EP Zone 80 metres c. Landscaped Open Space 30 percent d. Lot Coverage (maximum) 40 percent c) Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Agricultural (A) Zone” to “Environmental Protection (EP) Zone”, "Agricultural (A) Zone" to "(Holding) Light Industrial Exception (M1-12) Zone", "Light Industrial (M1) Zone" to "(Holding) Light Industrial Exception (M1- 12) Zone", “General Industrial (M2) Zone" to "Light Industrial (M1) Zone", “General Industrial (M2) Zone" to “Environmental Protection (EP) Zone”, and “Light Industrial (M1) Zone" to “Environmental Protection (EP) Zone”. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2017 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk