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HomeMy WebLinkAboutPD-251-87DN: 251-87 ~Cs~ ~,~. ~~"' TOWN OF NEWCASTLE REPORT File # ~~~• Res. # By-Law # hE~TING: General Purpose and Administration Committee ~~~ Monday, October 5, 1987 REPORT #: PT1®7F 1 _R7 FILE #: nF~T Rh:..$~_ SUB.~CT: REZONING APPLICATION - J. SILVA (VENTURY HOMES) PART LOT 16, BROKEN FRONT CONCESSION, FORMER TWP. OF DARLINGTON MANUFACTURING FACILITY (FILE: DEV 86-85) RECOh9MENDA7I0NS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-251-87 be received; and 2. THAT the application submitted by Mr. J. Silva to permit the construction of a Manufacturing Facility located on Part of Lot 16, Broken Front Concession, former Township of Darlington be referred back to Staff for a subsegent report pending Staff's receipt of all comments from outside agencies. BACKGROUND AND COMMENTS: As noted within Report PD-227-87, submitted for Committee's consideration at their September 8, 1987 meeting, the Planning Department received an application for rezoning and site plan approval submitted by Mr. J. Silva to rezone a parcel of land located in Part of Lot 16, Broken Front Concession, former Township of Darlington. The purpose of the rezoning and site plan applications was to permit the construction of a manufacturing facility and associated sales office. ...2 ~°C1~ REPORT NO.: PD-251-87 PAGE 2 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject lands are presently located within the "Holding - Light Industrial ((H)M1)" zone and "Environmental Protection (EP)" zone. Staff would note that the applicant's proposal to construct a manufacturing facility and associated sales office requires the removal of the "Holding (H)" symbol from the presently zoned (M1) portions of the subject lands as well as rezoning a portion of the "EP" zone to "M1". Staff would furthermore note that the applicant has requested that the "EP" zone to the rear of the property, in consideration of the request to change the Regulatory Flood Standard for the Darlington Creek, be rezoned to "M2" thereby permitting the use of the lands for outdoor storage accessory to the principle use. Staff would note for the Committee's information that, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and outside agencies. In consideration of the intent and scale of the rezoning application, and through the review of the appropriate files, it became apparent that the current floodplain regulations which affect the property would significantly impact the applicant's proposal. In consideration of the application, the Conservation Authority, as noted within Staff Report PD-214-87, requested the applicant to undertake a Watershed Study to establish 1:100 Year Floodline for the Darlington Creek. This Study has been completed and indicates that a 1:100 Year Floodplain would free up a significant portion of the property for development. Staff would note that the portion of the subject lands which could be developed, would be consistent with the portions of the lands as requested to be rezoned from "EP" to "M1" and from "EP" to "M2". It appears from discussion with the Central Lake Ontario Conservation Authority that they are prepared to accept the Study and its recommendations subject to approval by the Ministry of Natural Resources of a change in the Regulatory Flood Standard for the Darlington Creek Watershed. It is anticipated that, ...3 <J> REPORT NO.: PD-251-87 PAGE 3 pending the resolution of the Regulatory Flood limits, confirmation of the Central Lake Ontario Conservation Authority Staff would be forthcoming. Staff would additionally note that, with respect to the requirements for the change to the Regulatory Flood limits, that portion of the application requesting the "EP" zone to be rezoned to "M2" thereby permitting outdoor storage, would additionally require Staff's receipt of comment from Ontario Hydro that they would have no objection to same. Staff would note for Committee's information that Ontario Hydro presently holds an easement over that portion of the lands within the "Environmental Protection (EP)" zone. Staff would note the Town of Newcastle Works Department, in reviewing the application, have advised that an appropriate road widening along the frontage of the subject lands, would be required in consideration of the present width of the south service road. Staff would note that this would require a revision to the Site Plan drawing as submitted, thereby illustrating a 2.~3 metre (8 foot) road widening. It is noted for the Committee's information that the Regional Municipality of Durham Works Department, in reviewing the application, have noted that, due to the fact no Regional services or Regional roads are involved in the site, the proposed manufacturing plant and office would appear to have no concerns from a Regional Works Department point of view. Accordingly, no objection was offered to the application. The Durham Regional Health Unit, in reviewing the application, have advised that prior to offering comment on the proposal, additional information was to be submitted in respect of the use of the plant, the total number of employees, and a test hole being dug by the applicant to determine the soils suitability for on-site sewage disposal. Staff would note that the information has been provided, however, clarification from the Health Unit has not been received. ...~4 (V, lJ/ REPORT NO.: PD-251-87 PAGE 4 Staff would note for the Committee's information that the by®law attached to said Report would reflect the application as submitted for approval. Inasmuch as the requested change to the Regulatory Flood Standard for the Darlington Creek plays a signficant part in the application as filed, Staff would respectfully recommend that the rezoning application be referred back to Staff for a subsequent report upon clarification of the above-noted requirements. LDT~TTE~jip Attach. September 24, 1987 CC: Mr. J. Silve 164 Baseline Road East BOWMANVILLE, Ontario L1C 1A2 Recommended for presentation to the Committee ® /SJ® ~ Lawrence of Chief A in str seff ative Officer DN: SILVA ~ C~, THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Counoil of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - Light Industrial ((H)M1)" to "Light Industrial (M1)" as shown on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 35 of the Planning Aot. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of ~~ 1987. MAYOR CLERK DN: SILVA1 ~r+, THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "3" to By-law 8~+-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP)" to "Light Industrial (M1)" and from "Environmental Protection (EP)" to "General Industrial (M2)" as shown on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effeot on the date of passing hereof, sub~eot to the provisions of Seotion 35 of the Planning Aot. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 i BY-LAW read a third time and finally passed this day of 1987. MAYOR CLERK