Township of Cramahe Industrial Park North Guide

Overview

1. OBJECTIVE

This Guide has been complied to provide prospective purchasers of lands in the Cramahe Industrial Park North (CIPN) with a framework for the purchase and development of land including the site development process, application process, permitted industrial uses, zoning provisions and applicable charges that affect the use of land within the park.

The Guide outlines all aspects related to the purchase and development within the CIPN industrial land. It provides detailed steps to purchase of industrial land and information on the process to obtain Site Plan Approval and a Building Permit.

To ensure the smooth and timely processing of land purchases and development, staff of the Planning and Development Department are more than happy to meet with purchasers, developers, and contractors, to review the process, address questions, and facilitate approvals. 2. DESCRIPTION

The CIPN is located in Cramahe Township, immediately east of a Highway 401 interchange. Part of the subject enjoys good exposure to Highway 401 to the north. It is bounded at the west by existing industrial properties and to the east by agricultural and residential properties. To the south it is bounded by Purdy Road.

The Village of Colborne is located just north of Lake Ontario, approximately 68 miles (110 kilometres) east of Metropolitan Toronto. Highway #401, which runs just north of the village, is a major east-west expressway, providing quick access to centres such as Kingston and Belleville to the east, and Oshawa and Toronto to the west. County Road #2, the main road through Colborne, leads west to Cobourg, and east to Brighton.

Urban amenities such as churches, shopping, elementary school, post office, and recreational facilities are located in Colborne. Secondary schools are in Cobourg, and in Brighton. A hospital is in nearby Cobourg, about 20 kilometres west from Colborne.

The Cramahe Industrial Park North is situated on the north side of Purdy Road, adjacent to Highway 401, just east of the Big Apple Drive/ County Road 25 at interchange 457. The Industrial Park consists of a 17 hectare (42 acre) block of land, the north half of which is

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visible from the 401. Four parcels have already been fully developed.

The balance of the industrial park (15.6 acres) remains undeveloped. Parcels of various sizes are available, to suit your requirements. The Park is serviced by Industrial Park North Road, an interior gravel surfaced road, maintained by the municipality off Purdy Road. The CIPN is directly across from the previously developed industrial park on the south side of Purdy Road. The lands are zoned the General Industrial 1 (MG-1) Zone, a zone which permits a range of industrial uses.

3. Zoning By-law Provisions and Regulations:

Under Comprehensive Zoning By-law 08-18, the property is currently zoned General Industrial – 1 (MG- 1). Permitted Uses The permitted uses of the MG-1 Zone include the following:

• a building supply outlet or lumber yard • a business office as an accessory use to a permitted use specified herein • a cartage or transport depot and yard facilities • (a dry cleaning or laundry establishment)* • any type of equipment sales, rental and service establishment • a feed mill or seed cleaning plant • a general contractor’s or tradesman’s yard and related shop facilities • a manufacturing, processing, assembly or fabricating plant and including a machine or welding shop, or a workshop • any type of motor vehicle facility, including a motor vehicle body shop • a Municipal, County, Provincial or other public works yard, or maintenance depot • outside storage • a propone refill station • a retail commercial establishment, including a factory outlet, as an accessory use to a permitted use specified herein • a public transportation depot • a saw mill and/or planning mill • a service shop • a warehouse • a parking lot *Under review

The lands are located within a wellhead protection area, and permitted uses may be subject to limitations, under Ontario’s Clean Water Act. Please see Section 5 of this Guide for further information. Zoning By-law Regulations:

All permitted uses shall be serviced by a municipal water supply system. Regulations for uses permitted for General Industrial (MG-1) Zoning:

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Minimum Lot Area 0.4 ha (0.99 ac.) Minimum Lot Frontage 45.72 m (150.0 ft.) Minimum front and rear yard depths 15.0 m (49.21 ft.) Minimum exterior side yard width 15.0 m (49.21 ft.) Minimum interior side yard width 7.5 m (24.60 ft.) Minimum Landscaped Open Space 5% Special Yard Requirements: a.) Where lands in an Industrial Zone are adjacent to any other Zone the minimum yard required shall be increased by 9.0 m (29.53 ft.) b.) Required front and exterior side yards shall be open and unobstructed by any structure or parking or loading area for motor vehicles except that any such yard may be used for the purposes of visitor parking. Maximum Building Height 11.0 m (36.09 ft.) Notwithstanding a building or any portion thereof may be erected above a height or 11 m (36.09 ft.) provided such portion is set back an additional 1 metre (3.28 ft.) for each metre above 11 m (36.09 ft.), to the minimum front, side or rear setback requirements herein Maximum Lot Coverage of All Buildings 50% Off Street Parking Space Requirements Buffer Strip Requirements Where the interior side or rear lot line abuts a Residential, Open Space or Community Facility Zone, a buffer strip shall be provided in accordance

with Section 4.6 of the Zoning By-Law No. 08-18. Requirements For Outside Storage No portion of a lot shall be used for the outside storage of goods or materials unless such storage is within a building, or unless the following

provisions are complied with: (a) Such storage is accessory to the use of the main building on the

lot; (b) Such outside storage complies with the yard and setback regulations for the General Industrial (MG) Zone, however no open storage use shall be located in a front or exterior side yard; (c) No outside storage use shall cover more than 35 percent of the lot area; (d) Every outside storage use shall be enclosed within a fence consisting of at least an eight- wire farm fence which is maintained in good condition.

4. SERVICES:

Water The Township is on a full-service system that includes servicing the industrial park area. The service provider is contracted by the municipality.

Sewage Disposal The existing industrial park is serviced by a Small Bore Sewer System which currently runs along Purdy Rd. from Elgin Street to Big Apple Drive and along Big Apple Drive south to the Village of Colborne north

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border on Percy Street. The Small Bore Sewer does not have capacity to accommodate new development within the CNIP. As a result, it will be necessary for new industrial development to be connected to individual on-site sewage disposal systems. Northumberland County Inspection Services is responsible for all sewage system permits for systems with a capacity of less than 10,000 m3/d. Environmental Compliance Approvals would be required for larger systems.

Stormwater Management The municipality owns and maintains a stormwater management facility at the north-west corner of Industrial Park Road North and Purdy Road. Those properties fronting onto Industrial Drive drain to the pond on its eastern bank via a roadside ditch, 800mm CSP culverts, and two 900mm CSP culverts directing flows from the east.

As the remaining lands within the CIPN develop erosion and sedimentation controls, strategies are required to be implemented through the site plan control process to minimize the sediment being conveyed downstream to the pond. Individual stormwater management plans will be required for each new industrial lot within the CIPN to determine the means by which overland flows will be directed to the Township’s stormwater management facility. Electricity The industrial park is serviced by Hydro One. Their website can be found at www.hydroone.com. Gas Union Gas Limited is the natural gas provider for the Township of Cramahe. For information and rates, visit their website at www.uniongas.com.

Fiber broadband internet service is available. TRAFFIC VOLUME CAPACITY: In an effort to be investment ready and simplify the development process for new business, the Township completed a general traffic study for the Hwy #401/Purdy Rd./Big Apple Drive area in the Fall of 2010. This study acts as an “umbrella study” for new business development in the industrial park. A separate traffic study may be required if, in the opinion of the Municipal Engineer, and/or MTO, the scale of the development (eg. number of employees, number of vehicles and shipping/receiving schedules) warrants further analysis.

5. SOURCE PROTECTION PLAN

The Township of Cramahe Industrial Park is located adjacent to the Colborne municipal well-field and is within its Wellhead Protection Area (WHPA). Currently, the WHPA policies affecting the Industrial Park are primarily concerned with threats associated with dense non-aqueous phase liquids (DNAPLs). The Source Protection Plan, administered by Lower Trent Conservation, requires existing industries which are associated with DNAPLs to enter into a Risk Management Plan with the Township and LTC. New DNAPL activities however are prohibited and will not be able to occur.

DNAPLs are contaminants that are especially threatening to our drinking water sources. These DNAPLs include chemicals used by some commercial dry cleaners to the production of pesticide mixtures applied

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on residential or farmland, to brake cleaner and other chemicals used in a service station to household items like spot removers, glues and adhesives, varnishes, furniture stripper, aerosols, degreasers, coolants, nail polish/remover, or cleaners. These substances are denser than water. Therefore, they can sink into the ground, below the water table and pollute an entire aquifer. Monitoring wells may not detect their presence as they are found at the bottom of aquifers instead of floating on the water table. Many of these liquids are proven, or suspected, of being carcinogenic (cancer causing).

The DNAPL category of the provincial list of threats itemizes some key chemical threats related to handling and storage of these chemical mixtures:

• Dioxane-1,4 • Polycyclic Aromatic Hydrocarbons (PAHs) • Tetrachloroethylene (PCE) • Trichloroethylene • Vinyl chloride

6. PURCHASE AND SALE PROCESS

The purchasing procedure is outlined below. The Planning and Development Department is the coordinating department for CIPN land sales. Our mandate is to promote the sale of employment lands that creates long term, sustainable employment for our community. • Township of Cramahe staff will meet with the interested party to discuss opportunities for purchase of lands within the CIPN. • The Offer to Purchase will be prepared in consultation with the Purchaser. The Township’s Solicitor prepares it at the Township’s expense. • The Purchaser reviews it with their counsel. • Upon completion of the Offer, the Purchaser signs it and submits the application and a 5% deposit it to the Planning and Development Department. • Staff prepares a Report for Council and presents Council with the signed Offer and report at the next available Council Meeting. • A Reference Plan will be prepared by an Ontario Land Surveyor, retained by the Township of Cramahe, for registration on title, describing the lands being purchased.

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• Approval of a land sale requires a Council Resolution authorizing the Mayor and Clerk to enter into the Purchase and Sale Agreement. • The closing date is usually 60 days or less after Council acceptance.

The Agreement The draft Agreement will include negotiable terms which: • Meet the needs of the purchaser and the municipality. • Incorporate the unique details of the property; • Specify agreed upon details regarding the size and timing of the client's new building construction.

Deposit A deposit of 5% of the purchase price is required for an “Offer to Purchase” to be presented to Council, the final decision-maker.

Council Approval Major components of the Standard Offer to Purchase are:

Performance Clauses Purchasers of City-developed industrial land may be required to fulfill certain conditions within a certain time period, after taking title to the land. Some of the standard conditions are shown below.

• Construction Start and Completion Date Construction start is required within one (1) year of obtaining Site Plan Approval. Construction is to finish within one year of the construction start date.

• Minimum Building Coverage The minimum building coverage requirement is 20% of the total land area.

• Exemptions from Requirement for Structures In some cases, a structure may not be required, such as for an outdoor storage facility or a commercial parking lot. Where no building or structure is proposed, the prospective purchaser may include a request for an exemption from construction requirements. Approval under the Township’s Site Plan Control By-law would still be required.

Penalty If the purchaser fails to comply with the conditions above, the Township has the option of repurchasing the land at 90% of the original purchase price. If an extension of time to complete construction is granted, the Purchaser shall pay to the Township, by way of liquidated damages:

a) An amount equal to the amount of municipal taxes which the Purchaser would have been required to pay had a building or buildings been constructed as above required, and

b) An amount equal to any increase in value of the Property. For the purposes of this clause, the term “an amount equal to any increase in value of the Property” shall mean the difference between the amount paid by the Purchaser and the amount which

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would be paid for the Property based on the price established by the Township for industrial property as at the time of the request for the extension.

Right of First Refusal The Purchaser covenants that he will not sell the unimproved lands without first offering it to the Township at the original purchase price.

7. Value of Lands

Lands within the CIPN were recently appraised at a value of $xx,xxx.xx - $xx,xxx.xx per acre. Council will consider Offers to purchase, which reflect the appraised value of the lands, as a base purchase price.

8. Site Plan Approval

The Township’s Site Plan Control Area By-law (By-law 07-113), designates all lands located within the entire geographical limits of the Township of Cramahe as a "site plan control area" pursuant to Section 41(3) of the Planning Act. Approval of plans and drawings for the development in the CIPN required from the Township. Applicants are required to contact the Planning and Development Department to discuss plans for development prior to submitting plans and drawings for site plan approval.

Once the plans have been accepted by the Township, the owner will be required to enter into an agreement with the Township dealing with and ensuring the provision of any or all facilities, works and maintenance, required as a condition to the approval of the plans and drawings. The Agreement are registered against the lands to which it applies.

For more information, please contact:

Planning and Development Department Township of Cramahe 1 Toronto Street, Box 357 Colborne ON (905) 355-2821, ext. 240

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