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HomeMy WebLinkAboutPSD-050-19Clarington Staff 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: November 12, 2019 Report Number: PSD-050-19 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO Resolution#: PD-185-19, C-408-19 File Number: ZBA2019-0016 By-law Number: 2019-064 Report Subject: Proposed Rezoning to permit East Penn development of 1840 Energy Drive, Courtice Recommendations: 1. That Report PSD-050-19 be received; 2. That the By-law attached to Report PSD-050-19, as Attachment 1, be approved; 3. That once all conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, a By-law authorizing the removal of the (H) Holding Symbol be approved by Council; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-050-19 and Council's decision; and 5. That all interested parties listed in Report PSD-050-19, and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-050-19 Report Overview This is a recommendation report regarding a rezoning application that has the effect of permitting a significant industrial development in Clarington's Energy Business Park in Courtice. Page 2 The lands are owned by East Penn Canada Power Battery Sales Ltd. The proposed amendment to zoning regulations will facilitate the development of their warehouse, distribution centre and national head office in Clarington. The first phase of development is for 15,330 square metres of industrial warehouse, 2,950 square metres of office space, with a future second phase of warehouse space having an area of 13,935 square metres. 1. Application Details 1.1. Owner/Applicant: East Penn Canada Power Battery Sales Ltd. 1.2. Agent: D.G. Biddle & Associates Limited 1.3. Proposal: Proposed amendment to regulations in the Energy Park Prestige Exception (M02-1) Zone 1.4. Area: 9.85 hectares (24.35 acres) 1.5. Location: 1840 Energy Drive, Courtice Part of Lot 27, Broken Front Concession Former Township of Darlington 1.6. Roll Number: 1817 010 050 008900 1.7. Within Built Boundary: Yes 2. Background 2.1. On September 13, 2019, East Penn submitted an application to amend the Zoning By- law. The purpose of the rezoning is to amend the setback regulations in the existing Energy Park Prestige Exception (M02-1) Zone. The effect would be to allow for the consolidation of the East Penn battery warehouse and head office (currently located in Ajax and Pickering) to the Energy Drive site. (See Figure 1: Key Map). Municipality of Clarington Report PSD-050-19 0 0 3 0 a ZBA 2019- R F f Dave Truck Loading Area Em••••••••••••• Warehouse • ployee / Hea Od / Parking ffice Bicycle �= - Outdoor Sage Energy Drive Amenity 77 Space �O g0urhamY66_rk_Energy Centre I Ria c 0 Page 3 ►4;gh�lay 401 E Figure 1: Key Map 2.2. The business involves battery post -production, distribution and recycling. The office component will serve as the national headquarters of East Penn. The total building floor space proposed for the site including all phases totals 32,215 square metres (close to 350,000 square feet). The company has 17 warehouse facilities across Canada. Municipality of Clarington Report PSD-050-19 2.3. The applicant has submitted the following studies and reports in support of the development. These will be reviewed under Section 7 of this report: • Planning Opinion Letter • Functional Servicing and Stormwater Management Report • Traffic Impact Study • Phase I and II Environmental Site Assessment 3. Land Characteristics and Surrounding Uses Page 4 3.1. The subject lands are currently vacant of buildings or structures. The lands were previously the location of Manheim's Auto Auction and used for parking and storage of off -lease cars until approximately 2010. 3.2. The site is relatively flat and drains west to an existing watercourse and stormwater pond at the western edge of the site. There is a berm located along the south end of the site adjacent to Energy Drive. Figure 2: View of Site towards Southeast 3.3. The surrounding uses are as follows: North - Megawatt Drive, realigned Highway 401 South - Existing Energy from Waste facility and OPG's Durham Energy Complex East - Vacant Industrial Lands owned by Ontario Power Generation West - Vacant Industrial Lands owned by the Region of Durham Municipality of Clarington Report PSD-050-19 4. Provincial Policy Provincial Policy Statement Page 5 4.1. Settlement areas are the focus of growth and development. Appropriate land uses are based on efficient use of land, resources and infrastructure. 4.2. Economic development and competitiveness is supported by an appropriate mix and range of employment uses. Municipalities are to provide opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses. The necessary infrastructure to support current and projected needs shall be provided. Employment areas in proximity to major goods movement facilities and corridors for employment uses that require such locations shall be protected. 4.3. Natural features shall be protected and appropriate stormwater management facilities must be provided. 4.4. The proposed amendments are consistent with the Provincial Policy Statement. Provincial Growth Plan 4.5. Forecasted growth is directed to settlement areas on full municipal services. Complete communities offer, and support opportunities for all people to access an appropriate mix of jobs, local store and services, housing, transportation and public service facilities. 4.6. Economic development and competitiveness in the Greater Golden Horseshoe is supported by making more efficient use of vacant and underutilized employment lands and increasing employment densities. Transit connections should be planned and provided to major employment areas. Municipalities may identify and protect prime employment areas along major goods movement facilities and corridors, including major highway interchanges. 4.7. Transportation policies of the Growth Plan support planning for multimodal access to all land uses including employment areas. Municipalities will provide for priority routes for goods movement to facilitate the movement of goods into and out of employment areas, and provide alternate routes connecting to the provincial network. 4.8. Detailed storm water management plans must be completed and must be informed by a subwatershed plan or equivalent, incorporate integrated treatment including low impact development techniques and green infrastructure utilizing site specific planning, design and construction practices to minimize environmental impacts. 4.9. The proposed amendment conforms to the direction of the Growth Plan for the Greater Golden Horseshoe and will contribute to employment generation in the designated Built- up area. Municipality of Clarington Report PSD-050-19 5. Official Plans Durham Regional Official Plan Page 6 5.1. The Durham Region Official Plan designates the lands as "Employment Area". Employment Areas are intended to accommodate uses that may require access to the highway, rail and/or shipping facilities, separation from sensitive uses, or may benefit from locating close to similar uses. Uses permitted in this area may include manufacturing, assembly, and processing of goods, service industries, research and development industries, and warehousing. 5.2. The subject zoning by-law amendment conforms to the Regional Official Plan. Clarington Official Plan 5.3. The Clarington Official Plan designates the subject lands Business Park. 5.4. A small area of land is identified as part of the natural heritage system. This area is associated with a small tributary of Tooley Creek. 5.5. Business Parks have prime exposure along Highway 401 and major arterial roads. Development within Business Parks is intended for employment uses exhibiting the highest standard of building design and landscaping in order to provide an attractive appearance that reflects or takes advantage of such high visibility. Goals, objectives and policies applicable to Business Parks shall be set out in Secondary Plans. 5.6. A minimum density target of 30 jobs per gross hectare is required adjacent to the Highway 401 Corridor. Clarington Energy Business Park Secondary Plan 5.7. The Secondary Plan designates the subject lands a mix of Prestige Employment Corridor along the north half of the site and Light Industrial 1 over the south half of the site. 5.8. The intent of the Energy Business Park policies is to promote growth in the energy and environment sectors of the regional economy and to create an energy cluster. 5.9. The Prestige Employment Corridor designation permits business office; research and development facilities; university and college facilities; manufacturing, assembling and fabricating facilities; warehousing (ancillary to the uses listed above) and commercial or technical schools. 5.10. The Light Industrial 1 designation permits business office; research and development facilities; manufacturing, assembling and fabricating facilities; industrial processing of waste materials, and warehousing (ancillary to the uses listed above). Municipality of Clarington Page 7 Report PSD-050-19 5.11. The Secondary Plan provides a host of urban design standards with respect to streetscaping, site layout and design, landscaping strips and location of parking and loading areas. 5.12. The proposed amendment to zoning regulations conforms to the Secondary Plan direction. The plan policies, including urban design directives, will be further implemented at the site plan stage. 6. Zoning By-law 6.1. Zoning By-law 84-63 zones the subject lands Energy Park Prestige Exception (MO2-1) Zone. The MO2-1 Zone permits the proposed energy -related and office space while the exception allowed for an automotive auction facility. The zone regulations stipulate a minimum and maximum yard setback to all street lines. The applicant proposes to amend the setback regulations to allow the development on the site with one large building. 7. Summary of Background Studies Planning Opinion Letter 7.1. The Planning Opinion letter reviews the development in the context of the Durham Regional Official Plan, the Clarington Official Plan and the Clarington Energy Park Secondary Plan. 7.2. The proposed uses for the site conform to the Secondary Plan. The orientation of the building will be along Energy Drive, with loading areas to the north. Screening, berming and landscaping will address views from Highway 401. 7.3. The report acknowledges that the Secondary Plan and existing Zoning may have contemplated the development of several smaller parcels and buildings versus one large development. The requested rezoning will tailor the zoning to the proposed massing and scale of the development. 7.4. Building materials, urban design elements and landscaping are intended to reflect the prestige designation as it relates to high visibility along Energy Drive and Highway 401, and appropriate screening of loading and service areas. 7.5. Due to the size and operation requirements of the proposed uses, the Zoning By-law setbacks cannot be adhered to, triggering the need for the amendment to yard setbacks adjacent to the public streets. The consultant provided a draft zoning by-law amendment for consideration. Municipality of Clarington Report PSD-050-19 Functional Servicing Report Page 8 7.6. The study and preliminary servicing drawing demonstrates the site can be serviced by existing water and sanitary sewers and connections that exist at the south property limit along Energy Drive. 7.7. Stormwater management will be addressed on -site in accordance with the Clarington Energy Business Park Master Drainage Plan (AECOM, March 2011). Two private stormwater management ponds are proposed — one to the north of the warehouse, and one along the westerly edge of the property. The ponds will be designed to address water quantity and water quality. An infiltration gallery proposed along the east limit of the building will be designed to accept all water collected on the roof top of the development. 7.8. The report also provides recommendations on sediment and erosion controls to be implemented during the construction phase. Traffic Impact Study 7.9. The Traffic Impact Study finds that the road network and intersections proximate to the site will continue to operate within acceptable levels of service. However the study does identify left turning movements at Courtice Road ramps associated with Highway 401 that are forecasted to operate at a poor level of service. The turning movements would be improved by signalization. 7.10. The report identifies that the area is in transition because of construction related to Highway 418 and should be monitored as traffic patterns stabilize. 7.11. The report identifies that while the local road network of Energy Drive, Osborne Road and Megawatt Drive can accommodate the proposed development that the broader issue of turning movements at the Courtice Road ramps will require review and recommendations as part of the overall Secondary Plan review and transportation planning for the neighbourhood. 7.12. The study also recommends implementing strategies such as transit connections and active transportation linkages as alternatives to vehicular access to the site. Phase I and II Environmental Site Assessment 7.13. Both a Phase I and a Phase II Environmental Site Assessment were completed in accordance with the Ministry of Environment, Conservation and Parks guidelines, and the Region of Durham's Site Contamination Protocol. From the soil and water sample testing, no exceedances were noted by the Qualified Person. Since the proposed development is not considered a sensitive use, no further study is recommended. The site is cleared for development from a soil and water contamination perspective. Municipality of Clarington Report PSD-050-19 8. Public Submissions Page 9 8.1. A notice of the Public Meeting was mailed on October 1, 2019. Three public meeting signs were posted on the subject property. The Notice was posted on the municipal website, in social media platforms and in the Clarington E-update. 8.2. At the public meeting held on October 22, 2019, no area land owners or residents spoke in favour or in opposition to the application. 8.3. At the time of writing this report, no area land owners or residents have contacted staff regarding the proposal. 9. Agency Comments Regional Municipality of Durham 9.1. Regional Planning provided informal comments advising they have no objections to the rezoning subject to clearance of Regional interests such as: the Region's Site Contamination Protocol, Archaeology and Regional Works requirements as part of a Holding Provision on the site and/or as part of the future site plan approval process. Central Lake Ontario Conservation Authority 9.2. The Central Lake Ontario Conservation Authority has no objections to the zoning by-law amendment. The Engineering drawing and functional servicing report are under review and will be finalized as part of the site plan application. Ministry of Transportation 9.3. The Ministry of Transportation has no objections to the rezoning. servicing report and traffic impact study are under review and will the site plan application. Durham Regional Police Communications 9.4. The Communications Department of DRPS has no objections. 10. Departmental Comments Engineering Services The functional be finalized as part of 10.1. Engineering Services has no objection to the rezoning. Functional servicing and grading plans for the site are satisfactory and may be refined during the site plan approval stage. Municipality of Clarington Report PSD-050-19 Page 10 10.2. Standard comments with respect to financial requirements, boulevard works, entrance construction, road occupancy and site alteration will be forwarded to the applicant and to be address at the site plan stage. 10.3. A cash -in -lieu of parkland payment will be required as a condition of site plan approval. Building Division 10.4. The Building Division provided no comments or objections to the rezoning. Emergency and Fire Services 10.5. Emergency and Fire Services does not object to the rezoning and provided comments relating to requirements for fire hydrant connections to be reflected on the site plan submission. Accessibility Committee 10.6. The Committee provided guidance on site design to provide for accessible parking; barrier -free path of travel throughout the site; and accessible outdoor amenity space for employees. The Committee will continue to be circulated during the site plan process. 11. Discussion 11.1. The proposed energy -related use is permitted by the Official Plan, the Clarington Energy Park Secondary Plan and the Zoning By-law, as amended. 11.2. The existing Zoning By-law for the Energy Park was approved in 2006. At the time the by-law was drafted to implement the Clarington Energy Park Secondary Plan. A site - specific zone was created for this parcel to recognize the existing Manheim Auto Auction facility. 11.3. The Secondary Plan contemplated, at that time, the site being split into smaller parcels fronting on Energy Drive, Osborne Road and along Megawatt Drive. 11.4. The north half of the site is designated as a Prestige Employment Corridor, while the southern half of the site is designated as Light Industrial 1 in the Secondary Plan. The permitted employment uses in both designations are very similar and include office, research and development, manufacturing, fabricated and assembly uses and warehousing ancillary to office uses. The Prestige Employment Corridor differs slightly allowing for additional uses such as post -secondary uses and commercial/technical schools. The Prestige Employment Corridor policies highlight the high degree of visibility from Highway 401. Development should take advantage of these views, however any service or loading areas should be appropriately screened. Municipality of Clarington Report PSD-050-19 Page 11 11.5. Zoning regulations were drafted when the ultimate end -user of the site was not known and did not contemplate the entire property would redevelop with one large use. Rather it contemplated multiple buildings and uses on a subdivided site. 11.6. The developable area of the parcel has been impacted by construction along Highway 401 and works related to the Highway 418 interchange. Land previously owned by Manheim's was acquired by the Ministry of Transportation to facilitate road realignment. South Service Road (now Megawatt Drive) has been relocated by the Ministry of Transportation south between 65 and 95 metres. 11.7. The proposed East Penn relocation and this rezoning is an opportunity to revisit zone regulations and the relationship between the building and Energy Drive and Osborne Road and its visibility to Highway 401, while addressing the Secondary Plan policies. 11.8. During review of the preliminary site plan, it is apparent that adjustments to minimum and maximum setbacks are required. The recommended revisions to the Zoning By-law are summarized in Table 1 below: Table 1: Proposed Revisions to the MO2-1 Zone Regulation Required Proposed Regulation contained in Attachment 1 Setback to Energy Drive Minimum 28 metres 10% of Street Fagade shall be Maximum 31 metres between 6 and 20 metres (Office) with 4 metre Landscape Strip 35% of the Street Fagade shall be between 20 and 35 metres (Warehouse) with a 6 metre Landscape Strip Setback to Osborne Minimum 4 metres 45% of the Street Fagade shall be Road Maximum 8 metres between 8 and 10 metres with a 4 metre Landscape Strip Setback to Megawatt Minimum 28 metres Minimum 25 metre setback with a Drive Maximum 31 metres 6 metre Landscape Strip 11.9. The Traffic Impact Study indicates that the ramps at Courtice Road and Highway 401 operate at a reduced level of service. Transportation planning for the area includes the future installation of 3 sets of signals (scheduled to be completed by the end of 2019) at: the Courtice ramps on the north side of the 401; the ramps on the south side of Highway 401, and again where Courtice Road meets Energy Drive and Megawatt Drive. Engineering Staff have no objection to the rezoning as supported by the Traffic Impact Study and the development will have no significant impact to the level of service on area roads, as upgraded. 11.10. To address the policies of the Secondary Plan, the following design considerations, beyond zoning regulations, must be addressed by East Penn and their consulting team: Municipality of Clarington Report PSD-050-19 Page 12 11.10.1. Treatment at the corner of Energy Drive and Osborne Road — building must be designed with emphasis at the intersection, including landscape design elements. Applicant to consider incorporating public art into the design. 11.10.2. Building design and treatment along streets to ensure high quality architecture and building materials within the public realm. Accessible entrances via the public right-of-way. 11.10.3. Sustainability and energy efficient elements to be encouraged and highlighted during site and building design. 11.10.4. Active transportation pathways through the site with connections to the broader neighbourhood. 11.10.5. Treatment along Megawatt Drive to be sensitive to the site's high visibility along Highway 401. Berming and landscaping to be installed to screen loading and services areas up to the first storey. Structures and signage visible above the first storey to be upgraded given the site's location along the Prestige Employment Corridor. 11.11. The proposed Zoning By-law Amendment will also include a Holding (H) Symbol to the amended MO2-1 Zone and staff will withhold the recommendation to lift the Holding (H) Symbol until all site plan matters are addressed, including the Region's sign off on any areas of archaeological potential and the Environmental Site Assessment findings. 12. Concurrence Not Applicable. 13. Conclusion In consideration of all comments received to date, it is respectfully recommended that the application by East Penn to amend the regulations in the MO2-1 Zone be approved. Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott(a)_clarington.net. Attachment: Attachment 1 - Proposed Zoning By-law Amendment The following interested parties will be notified of Council's decision: Jim and Mike Bouchard, East Penn Canada John Papanicolaou, East Penn Canada Michael Fry, D.G. Biddle & Associates Ltd. Michael Carswell, D.G. Biddle & Associates Ltd. Attachment 1 to Report PSD-050-19 Corporation of the Municipality of Clarington By-law Number 2019- 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 ZBA2019-0016; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 Section 23B.4.1 is hereby by deleted and replaced with the following: "23B.4.1 Energy Park Prestige Exception (MO2-1) Zone Notwithstanding the provisions of 23B.3 c., g., h. and j., those lands zoned "MO2-1" on the Schedules to this By-law are subject to the following provisions: a. Yard Requirements i) Adjacent to Energy Drive a) Minimum (i) To business or professional office 6 metres (ii) To energy -related use 20 metres b) Maximum (i) To business or professional office 20 metres (ii) To energy -related use 35 metres ii) Adjacent to Osborne Road (Front Yard) a) Minimum 8 metres b) Maximum 10 metres iii) Adjacent to Megawatt Drive a) Minimum 25 metres b. Landscaping Strip Width (minimum) i) Along Energy Drive 4 metres in front of office; 6 metres in front of warehouse and parking ii) Along Osborne Road 4 metres iii) Along Megawatt 6 metres C. Street Fagade Energy Drive A minimum of 10% of the street fagade shall be occupied by the energy -related business/administrative office; A maximum of 35% of the street fagade may occupied by any other permitted use, provided that the total building fagade shall be no less than 45% of the lot frontage. Osborne Road A minimum of 45% of the street fagade shall be occupied by any permitted use Megawatt Drive Not applicable d. Parking Location on the lot Parking areas shall not be permitted to locate closer to the street line than the nearest wall of the building fagade parallel to Energy Drive or Osborne Road. e. Screening A berm having a minimum width of 10 metres, and a minimum height of 2 metres, shall be constructed along the Megawatt Drive frontage." 2. 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 , 2019 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk