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Report To: Planning and Development Committee
Date of Meeting: April 23, 2018
Report Number: PSD -033-18 Resolution Number: PD -073-18
File Number: ZBA 2015-0013 By-law Number:
Report Subject: An application by 1029629 Ontario Inc. and Clearwater Structures
Inc. to rezone the recently channelized Bennett Creek portion of the
lands to Environmental Protection (EP), and to remove the Holding
(H) Symbol from the balance of the lands on either side of Lake
Road, west of South Service Road in Bowmanville.
Recommendations:
1. That Report PSD -033-18 be received;
2. That provided there are no significant issues raised at the Public Meeting that the Zoning
By-law Amendment application submitted by 1029629 Ontario Inc. and Clearwater
Structures Inc. be approved as contained in Attachment 1 to Report PSD -033-18;
3. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -033-18 and Council's
decision; and
4. That all interested parties listed in Report PSD -033-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -033 -18
Report Overview
Page 2
1029629 Ontario Inc. and Clearwater Structures Inc. have submitted an application to rezone
the recently channelized Bennett Creek portion of their lands located on either side of Lake
Road to Environmental Protection (EP), and remove the Holding (H) Symbol from the
remaining General Industrial (M2) and Light Industrial (M1) lands.
Provided that there are no substantive issues raised by residents at the public meeting, it is
recommended that the application be approved.
1. Application Details
1.1. Owners/Applicants: 1029629 Ontario Inc. (parcel north of Lake Road) and
Clearwater Structures Inc. (parcel south of Lake Road)
1.2. Agent: John Morrison (Royal LePage Commercial)
1.3. Proposal: A Zoning By -Law Amendment to rezone the recently
channelized Bennett Creek portion of the lands to
Environmental Protection (EP) as well as to remove the Holding
(H) Symbol from the balance of the lands in Bowmanville
1.4. Area of Subject Lands: 17.14 hectares (42.35 acres)
1.5. Location: Two unaddressed parcels located on Lake Road, south of
Highway 401, and immediately west of South Service Road in
Bowmanville (Part Lot 7, Concession BF, former Township of
Darlington)
1.5 Roll Number: 1-817-010-010-02000 and 1-817-010-010-02005
1.6. Within Built Boundary: Yes
Municipality of Clarington
Report PSD -033-18 Page 3
2. Background
2.1. On June 16, 2015 John Morrison (Royal LePage Commercial) on behalf of 1029629
Ontario Inc. submitted an application for Removal of the Holding (H) Symbol from lands
on the north east side of Lake Road immediately west of South Service Road in
Bowmanville (approximately 13 acres). The Municipality of Clarington, through an
agreement with 1029629 Ontario Inc. had recently completed the extension of Lake Road
from its terminus at 405 Lake Road to South Service Road. The original intent of the
application, at that time, was to remove the Holding (H) on the `developable' portion of the
parcel, located on the north and south side of Lake Road between Bennett Creek and
South Service Road.
Figure 1: Subject lands
Municipality of Clarington
Report PSD -033-18
Page 4
2.2. The lands were subject of an application for a Plan of Subdivision submitted (18T-88055)
in 1988 and Draft Approved in 1991. The owner had never pursued final approval of the
Draft Approved Plan. A condition of approval was the channelization of Bennett Creek
that traversed the property from Highway 401 to the hydro corridor near the west limits of
the lands.
2.3. In order to improve transportation options in the Lake Road and Liberty Street area, the
Municipality entered into an agreement to front-end the construction of the portion of the
Lake Road that bisects the property. The Lake Road extension was constructed to South
Service Road in 2014 providing a second access to Highway 401 from the area.
2.4. At the time of submitting the rezoning the applicant had been working with Clarington
Board of Trade (CBOT) and the Municipality of Clarington to get the lands `certified'
through the "Investment Ready" program run by the Ministry of Economic Development,
Employment and Infrastructure (MEDEI). The program issues a designation to industrial
properties that successfully complete a set of requirements that demonstrate the property
is primed for development and ready for investment. However, until the channelization of
the portion of the Bennett Creek and elimination of the floodplain on the property the
Holding (H) could not be removed. As a result the application could not proceed.
2.5. In 2016 an Environmental Assessment (EA) study was completed for the Bennett Creek
channelization on the lands. In fall 2017 the applicant completed the work to reroute and
channelize the creek, and bring the balance of the lands previously flood susceptible out
of the floodplain.
2.6. With the channelization work completed, in February 2018 the application was revised to
rezone the lands surrounding the recently channelized Bennett Creek to Environmental
Protection (EP) from General Industrial (M2), with a Holding (H) symbol and Light
Industrial (M1), with a Holding (H) symbol, as well as remove the Holding (H) symbol from
the balance of the lands.
2.7 Late in 2017, 1029629 Ontario Inc. sold the south parcel to Clearwater Structures Inc.
who propose to develop the parcel. In addition, after the channelization was complete a
small triangular parcel was created in the northwest corner of the site. 1029629 Ontario
Inc. has agreed to sell this parcel to the owner of 41 Butler Court, Phoenix AMD
International Inc.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are relatively flat, with Bennett Creek located along the west limits
(Figure 2 & 3). The lands are currently vacant, with no buildings present.
Municipality of Clarington
Report PSD -033-18
Page 5
Figure 2: Looking south from Lake Road to Bennett Creek
channelization works, Sept. 2017
Figure 3: Looking north from Lake Road to Bennett Creek
Channelization works, Sept. 2017
3.2 The surrounding uses are as follows:
North - Highway 401 and Clarington Technology Business Park
South - Hydro corridor and Canadian National Railway corridor
East - Vacant industrial lands and existing industrial uses
West - Existing industrial uses on Lake Road
Municipality of Clarington
Report PSD -033-18 Page 6
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement identifies Natural Heritage Systems as natural features
and areas that shall be protected for the long-term. Natural Heritage Systems should be
maintained, restored and improved if possible. Development and site alteration shall not
be permitted in significant valleylands, unless it has been demonstrated that there will be
no negative impacts on the natural features or their ecological functions. Similarly,
development and site alteration shall not be permitted on adjacent lands to the natural
heritage features and areas identified in policies unless the ecological function of the
adjacent lands has been evaluated and it has been demonstrated that there will be no
negative impacts on the natural features or on their ecological functions.
4.2 The Provincial Policy Statement identifies Employment Areas as lands that shall be
protected and preserved for current and future uses. Employment Areas in proximity to a
primary transportation corridor, such as Highway 401, shall be protected for employment
uses that require those locations. Infrastructure that is needed to support the current and
projected needs of Employment Areas shall be provided.
Provincial Growth Plan
4.3 The subject lands are within the defined Built Boundary. Population and employment
growth will be accommodated by directing a significant portion of new growth to the built
up areas through intensification and efficient use of existing services and infrastructure.
Existing Employment Areas, including vacant and underutilized employment lands, shall
be used more efficiently in order to increase employment densities to accommodate
forecasted employment growth.
5. Official Plans
Durham Regional Official Plan
5.1 The subject lands are within an Employment Area. Employment Areas function to
maximize the employment potential of land in order to accommodate 50% of the
employment growth forecast. Employment Areas are set aside for uses that require
access to transportation networks, separation from sensitive uses, or benefit from
locating close to similar uses. Additionally, sites that have a high degree of exposure and
good access shall be reserved for employment -intensive uses. The Bennett Creek is not
recognized as a key natural heritage feature in the Regional Open Space System.
Clarington Official Plan
5.2 The Clarington Official Plan identifies Bennett Creek, from Highway 401 to the CN
Railway corridor, as a Natural Heritage feature within the Open Space System,
designated as an Environmental Protection Area. Open Space Systems protect, manage
and enhance natural heritage features in order to provide long term and sustainable
Municipality of Clarington
Report PSD -033-18 Page 7
environmental, economic and social benefits. Environmental Protection Areas are
recognized as the most significant components of the Municipality's natural environment.
Development within Environmental Protection Areas is generally not permitted.
5.3 The Clarington Official Plan designates the lands as an Employment Area, specifically
Prestige Employment and Light Industrial. Employment Areas promote high quality urban
design, and larger -sized buildings with no outdoor storage along Highway 401.
Development within an Employment Area is intended for employment uses showing the
highest standard of design and landscaping in order to provide an attractive appearance
that takes advantage of such high visibility.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject lands Holding - General Industrial ((H)M2), and
Holding - Light Industrial ((H)M1), as outlined. The General Industrial (M2) Zone require
that lot frontages are a minimum of 30 metres. Additionally, the General Industrial (M2)
Zone requires lot areas are a minimum of 3000 square metres. The Light Industrial (M1)
Zone requires lot areas are a minimum of 2000 square metres.
6.2 The zoning of the property predates the Clarington Official Plan and the zones do not
implement the designations and policies of the Plan.
7. Public Notice and Submissions
7.1 Public notice was mailed to each landowner within 120 metres of the subject property and
a public meeting sign was installed on the frontages of Lake Road and South Service
Road.
7.2 As of the writing of this report there has been one general inquiry, confirming the nature
of the application.
8. Agency and Departmental Comments
8.1 Given the nature of the rezoning, a limited circulation of the application was provided to
notify the Region of Durham Planning and Economic Development Department and the
Central Lake Ontario Conservation Authority of the application.
9. Discussion
9.1 As a condition of Draft Approval, the subject lands required Bennett Creek to be rerouted
and channelized. This work has since been completed by the applicant, reducing the
floodplain of the creek. The floodplain of Bennett Creek had previously covered two-thirds
of the subject lands (the outer limits identified in red in Figure 3). After channelization
work (Figure 4) the floodplain has now been reduced to approximately 60 metres in width.
Municipality of Clarington
Report PSD -033-18
Figure 4: Floodlines of pre -channelized Bennett Creek on subject lands
Page 8
Figure 5: Completed Channelization south of Lake Road, November 2017
9.2 The application is consistent with the draft approved Plan of Subdivision from 1991,
which required channelization of the Bennett Creek to reduce the floodplain as a
condition of final approval.
Municipality of Clarington
Report PSD -033-18
Page 9
9.3 The subject lands are now located outside of the Bennett Creek floodplain and fully
serviced by municipal services. Rezoning the lands to recognize the recently channelized
Bennett Creek is consistent with provincial policies, the policies of the Clarington's Official
Plan and the Region of Durham Official Plan.
9.4 Development of the balance of the lands zoned General Industrial (M2) and Light
Industrial (M1) is subject to removal of Holding (H) Symbol. The request to remove the
Holding (H) from the subject lands is consistent with the requirements set out in
Clarington's Official Plan and Zoning By-law.
10. Concurrence
Not Applicable.
11. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the applications to amend the Zoning By-law to rezone the portion of the Bennett
Creek lands that were recently channelized to Environmental Protection (EP), as well as
to remove the Holding (H) Symbol from the balance of the lands be approved.
12. Strategic Plan Application
Not Applicable.
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: Carlo Pellarin, Manager Development Review, 905-623-3379 ext. 2408 or
cpellarin@clarington.net
Attachments:
Attachment 1 —Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
John Morrison, Royal LePage Commercial
E. Drew Dowling, Walker Head Lawyers
Yavuz Yildirim, Pamdi Holdings Inc.
Michael Ciceri, Clearwater Structures
ES/CP/aw
) NEW FILING SYSTEWApplication Files\ZBA-Zoning\2015\ZBA2015-0013 1029629 Ontario Inc. (Lake Rd)\Staff Report\PSD-033-18.docx
Municipality of Clarington
Attachment 1
Report PSD -033-18
The Corporation of the Municipality of Clarington
By-law 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 for
ZBA2015-0013;
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule "Y to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "Holding- Light Industrial ((H) M1) Zone" to "Environmental
Protection (EP) Zone"; "Holding- Light Industrial ((H) M1) Zone" to "Light Industrial (M1)
Zone"; "Holding- General Industrial ((H) M2) Zone" to "Environmental Protection (EP)
Zone"; and "Holding- General Industrial ((H) M2) Zone" to "General Industrial (M2)
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 the 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'EP'
Zoning Change From'(H)M1' To'M1'
Zoning Change From '(H) M2'To'EP'
Zoning Change From '(H) M2'To'M2' N
Adrian Foster, Mayor Bowmanville • ZBA 2015-0013 • Schedule 3 C. Anne Greentree, Municipal Clerk