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Report
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Report To: Planning and Development Committee
Date of Meeting: February 20, 2018
Report Number: PSD -020-18 Resolution: #PD -035-18
File Number: ZBA2018-0005 By-law Number:
Report Subject: An application by 3D Cana Inc. for the Removal of Holding (H)
Symbol at 685 Lake Road in Bowmanville to permit the development
of a new industrial building
Recommendations:
That Report PSD -020-18 be received;
2. That the application submitted by 3D Cana Inc. to remove the Holding (H) symbol be
approved and that the attached By-law to Report PSD -020-18 be approved;
3. That Council's decision and a copy of Report PSD -020-18 be forwarded to the Region
of Durham and the Municipal Property Assessment Corporation; and
4. That all interested parties listed in Report PSD -020-18 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD -020-18
Report Overview
Page 2
This report is recommending approval of an application by 3D Cana Inc. to remove the
Holding (H) symbol from 685 Lake Road, Bowmanville to permit the construction of a new
industrial building. The applicant has submitted a site plan application for the property which
is currently being reviewed by staff and agencies under our Priority Processing program.
1. Application Details
1.1 Owner/Applicant:
1.2 Agent:
1.3 Proposal:
1.4 Area:
1.5 Location:
1.6 Roll Number:
1.7 Within Build Boundary:
2. Background
3D Cana Inc.
Hamid Mirzaei, 3D Cana Inc.
Removal of Holding (H) symbol from:
"Holding -Light Industrial ((H)M1) Zone"
1.54 hectares (3.82 acres)
685 Lake Road, Bowmanville
181701001001685
Yes
2.1 On December 22, 2017 3D Cana Inc. submitted an application for site plan approval on
the subject lands. The subject lands are part of a subdivision that was registered on June
4, 1998 (see Figure 1). The subdivision agreement contains provisions to extend Lake
Road and stormwater management infrastructure requirements. No work was done on
the subdivision following execution of the agreement in 1998. Recently, the owner has
sold the majority of the lots and is working to fulfil the obligations of the subdivision
agreement. The site plan application will address the grading, landscaping, stormwater
controls on site and building design. The applicant is aiming to have construction
completed and the business operating by July 2018.
2.2 The subject lands front onto a portion of Lake Road that is not currently constructed. The
design of the extension of Lake Road is being finalized and construction is anticipated to
begin in spring 2018. The applicant is seeking to start construction of the building prior to
the completion of the extension of Lake Road. In order to gain access to the site without
the Lake Road extension being completed the applicant is proposing a temporary access
over the two properties to the west from South Service Road. The applicant owns the
adjacent lands to the west, 645 Lake Road, and have obtained permission from the
owners of 605 Lake Road to facilitate the access.
Municipality of Clarington
Report PSD -020-18 Page 3
2.3 A site alteration permit has been approved for the temporary access and site works to be
completed prior to final site plan approval. The site alteration permit includes securities
for on-site works.
2.4 Water and sanitary services for the subdivision are currently available within the future
Lake Road right-of-way. The applicants will be required to enter into a servicing
agreement with the Region of Durham.
2.5 Staff and external agencies have reviewed the site plan application and provided
comments to the applicants with the required revisions. The applicant is currently
revising the site plan drawings and studies to address staff and agency comments.
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Municipality of Clarington
Report PSD -020-18 Page 4
3. Staff Comments
3.1 The applicant indicated that they need to have the facility constructed and operational by
July 2018. The facility is required to be licenced by Health Canada under the Access to
Cannabis for Medical Purposes Regulations.
3.2 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain
obligations have been considered prior to the development of the lands. This includes:
servicing, access, protection of natural areas, measures to mitigate the impact of
development, submission of required studies, execution of agreements and any other
requirements deemed necessary by Council.
3.3 In order to facilitate the applicant's development timelines, a site alteration permit was
approved to allow the construction of a temporary access and to start the site servicing
works prior to site plan approval.
3.4 The applicant is currently revising the site plan submission to address staff and agencies
comments. Site plan approval will be required prior to the issuance of a full building
permit. Although the site plan agreement has not been executed, staff recommend lifting
the "H" symbol at this time to allow the site servicing works. It would also allow a
conditional building permit for footings and foundation to be issued prior to the site plan
agreement being finalized.
3.5 All property taxes have been paid in full.
4. Concurrence
Not Applicable.
5. Conclusion
It is respectfully recommended that Council approve the removal of the (H) Holding
Symbol for 685 Lake Road, as shown on the attached By-law (Attachment 1).
6. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD -020-18 Page 5
'1*C-
4
Submitted by: Reviewed by:
David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B
Director of Planning Services CAO
Staff Contact: Brandon Weiler, Planner, Development Review, 905-623-3379 x2424 or
bweiler@clarington.net
Attachments:
Attachment 1 - By-law to remove the (H) Holding Symbol
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
Hamidreza Mirzaei
Frank Rotundo
I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2018\ZBA2018-0005 685 Lake Road Roh\Staff Report\PSD-020-18 Staff Report.Docx
Municipality of Clarington
Report PSD -020-18 Page 6
The Corporation of the Municipality of Clarington
By-law Number 2018 -
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 to permit
the development of a new 1,963 square metre industrial building on the subject lands (ZBA2018-
0005);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule "Y (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding — Light Industrial ((H)M1) Zone" to "Light Industrial (M1) Zone"
as illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of the By-law.
3. 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
2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D.
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Zoning Change From'(H)M1' To 'M1'
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Adrian Foster, Mayor Bowmanville • ZBA 2018-0005 • Schedule 3 C. Anne Greentree, Municipal Clerk