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HomeMy WebLinkAboutPD-19-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: TOAD -HALWA REPORT Meeting: General Purpose and Administration Committee File # E-V. W -- 0/ O Date: Monday, February 3, 1997 Res. # - A -.?L - -cl 7 Report #: PD -19 -97 File #: DEV 94 -010 By -law # Subject: REZONING APPLICATION - TOAD HALL CONSTRUCTION INC. PART LOT 27, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94 -010 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -19 -97 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, submitted by D. G. Biddle & Associates Ltd. on behalf of Toad Hall Construction Inc. be APPROVED; 3. THAT the amending by -law, attached hereto, be forwarded to Council for approval; 4. THAT a copy of this report and the amending by -law be forwarded to the Region of Durham Planning Department; 5. THAT the "H" - Holding symbol in the amending by -law not be removed until such time the applicant has entered into a Site Plan Agreement with the Municipality; and 6 THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Toad Hall Construction Inc. 1.2 Agent: D. G. Biddle & Associates Inc. 1.3 Rezoning: from "General Industrial (M2)" to an appropriate zone to permit the proposed use. Met REPORT NO. PD -19 -97 PAGE 2 1.4 Proposal: To construct an asphalt plant, ready mix concrete plant concrete recycling plant and contractor's yard and shop. 1.5 Site Area: 6.4 hectares (15.8 acres) 2. LOCATION 2.1 The lands subject to the rezoning and site plan application occupy 6.4 ha (15.8 acres) and are located west of Hancock Road and north of the C.P.R. line (see Attachment No. 1). The property is legally known as being in Part Lot 27, Concession 1, former Township of Darlington. 3. BACKGROUND 3.1 On March 29, 1994, D.G. Biddle & Associates filed applications with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63 and apply for site plan approval. The purpose of the rezoning application is to change the current zoning from "General Industrial (M2)" to an appropriate zone to permit the development of an asphalt plant, ready mix concrete plant, concrete recycling plant and a contractor's yard. The project would proceed on private water supply and septic system. 3.2 The subject lands, along with the lands between the C.P.R. line and Baseline Road were originally part of an application to create a maximum of 10 industrial lots (DEV 89 -042). This previous application is still active and will be modified should the application currently under consideration be approved. 3.3 At the Public Meeting, May 16, 1994, two individuals spoke in opposition to the application. In addition, a petition containing approximately 47 names was forwarded by Mrs Osbourne. The concerns identified in the letter and the delegations revolved around the adverse impact of the proposal to nearby residents including noise, dust, acrid smell of asphalt, traffic; and well contamination and de- watering. As well, the potential water contamination from m REPORT NO. PD -19 -97 PAGE 3 run -off to the 'wetlands' associated with the Tooley Creek and devaluation of surrounding properties were noted. The letter also commented that the Public Notice should have had a broader circulation than the 120 m (400 ft) required through the Planning Act. It is impossible to judge what distance is appropriate for public notice circulation, over and above the requirements of the Act. However, as per our standard procedures, a Public Notice was placed on the property in order to provide notice to those residents who typically drive by the subject property. The balance of the issues will be addressed through the comment section of the report. 3.4 Since the Public Meeting the applicant has prepared various documents in support of the application. These include the following: i) Hydrogeologic Assessment Proposed Industrial Development, Part Lot 27, Concession 1, Darlington, prepared by Gibson & Associates Ltd. ii) Potential for dust Emissions form Asphalt, Concrete, Recycling Plants Hancock Road - Baseline Road Municipality of Clarington, prepared by BOVAR Environmental; iii) Preliminary Storm water Drainage and Erosion Control Report, Proposed Industrial Site Plan, Hancock Road - Baseline Road Municipality of Clarington, prepared by D.G. Biddle & Associates; and iv) Draft Environmental Noise Impact Study, Asphalt, Concrete and Recycling Plants Hancock Road - Baseline Road Municipality of Clarington, prepared by Aercoustics Engineering Limited. These also will be reviewed through the Staff comment section of the report 3.5 Following the Public Meeting in June 1994 a tour of Bennett Paving & Materials Ltd. located between Taunton Road and Beatrice Road on the east wide of Wilson Road in Oshawa was conducted. The tour was attended by most Council members and some senior staff of the Municipality. The tour provided insight into REPORT NO. PD -19 -97 PAGE 4 some of the operations of an asphalt plant, including levels of noise, dust, and odour typically experienced from such an operation. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: The lands subject to the application are currently vacant although an abandoned farm house is located on other lands owned by the applicant south of the C.P.R. line and fronting on Baseline Road, 4.2 Surrounding Uses: East: vacant agricultural lands North: vacant agricultural lands West: vacant agricultural lands and the Tooley Creek South: Residential and vacant lands 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated Employment Area. Permitted uses include the manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, business parks, limited personal service uses, hotels, storage of goods and materials, freight transfer and transportation facilities. The Durham Region Planning Department has confirmed that the proposal appears to conform with the Plan's land use policies. 5.2 Within the Clarington Official Plan the subject lands are designated "General Industrial" and "Environmental Protection ". The Environmental Protection designation, which prohibits any form of development, applies to the north west corner of the parcel which is beyond the proposed development limits. The predominant use of land in the General Industrial designation shall be for manufacturing, assembling, processing, fabricating, refining, warehousing, storage In REPORT NO. PD -19 -97 PAGE 5 and repair and service operations. An asphalt or concrete batching plant may be permitted in the General Industrial designation by site specific zoning. In the evaluation of such a zoning amendment consideration must be given to minimizing visual impacts of the site from major arterial roads and freeways; minimizing impact on abutting uses including noise and odour and other issues as may be required by the Municipality. Outside storage is permitted provided it is properly screened, does not exceed 50 % of the site and has a maximum height of 5 metres. Truck terminals, including the repair and storage of commercial transport vehicles is also permitted. The application would appear to conform. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "General Industrial (M2)" and "Environmental Protection (EP) ". The "General Industrial" zoning permits a precast concrete products manufacturing and fabricating plant as well as a contractor's workshop and yard. However, a ready mix concrete operation, a concrete re- cycling plant and /or an asphalt plant are not permitted uses within the zone. The applicant has requested an appropriate zone to permit the proposed uses. The EP zone is reflective of the Environmental Protection designation and the flood limits approved by CLOCA. Said zone does not permit any development. The application does not propose to alter the EP zoned lands. 7 AGENCY COMMENTS 7.1 The application was circulated to a number of relevant agencies for comments. There were no objections to the application from the Ministry of Natural Resources or the Fire Department. 7.2 The Engineering Division, of Clarington Public Works Department, requested road widenings on both Baseline Road and Hancock Road. The applicant will be responsible for the reconstruction of Hancock Road. The conditions are to be 10 REPORT NO. PD -19 -97 PAGE 6 incorporated in the site plan agreement including such matters as grading, drainage, and maintenance of any ditches and storm water facilities. 7.3 The Parks Division of the Public Works Department has advised they have no objection to the proposed application subject to 2% cash -in -lieu of parkland being accepted through the approval of the site plan agreement. 7.4 Comments from the Central Lake Ontario Conservation Authority (CLOCA), state that although they have identified some specific concerns which need to be addressed in association with the development, they are not opposed to the principle of development at this site. They have no objection to the zoning proceeding, with a Holding (H) symbol until such time as specific conditions have been addressed. One such condition includes completing cut and fill work previously approved but not completed. 7.5 The Durham Region Planning Department has indicated that the subject lands are designated "Employment Area" within the Courtice Urban Area. Section 5.3.20 of the Regional Official Plan permits limited development on private services. Furthermore, they considered the applicants proposal to truck -in 3500 to 5000 gallons of water a day to be an acceptable method of servicing the site. The proposal conforms to the Durham Official Plan. However, Regional Staff suggested that the applicant be required to identify how this development will comply with Section 9 of the Environmental Protection Act regarding air emissions (ie. odours and dust). The applicant is required to submit information in this regard prior to issuance of a certificate by MOEE. In addition, noise, dust and odour issues are discussed in subsequent sections of this report. 7.6 The Durham Region Public Works Department has advised that full municipal services are not available in this area. In addition, no plans exist within the Capital Budget to extend services to this area. REPORT NO, PD -19 -97 PAGE 7 7.7 The Durham Region Health Unit has no objections to the proposal with regard to the approval of a private sewage disposal system. 7.8 The Canadian Pacific Railway advised they have no objection to the submission subject to three conditions. The three conditions spoke to drainage alterations, utility crossings and fencing on the property line. 7,9 The Ministry of the Environment and Energy (MOEE) would not comment directly on the merits of the site plan application, however they did review and comment on the hydrogeologic assessment prepared for the original application. In reviewing the November 1989 report submitted by Gibson & Associates, the Ministry requested further information which was eventually provided through a supplemental report in September 1991. The Ministry accepted the conclusions and recommendations of the reports. 8 REVIEW OF REPORTS 8.1 The applicant is proposing to construct an asphalt plant, concrete batching plant, concrete recycling plant and contractor's yard on a 6.441 ha parcel of land. The applicant has submitted various documents in support of the application. 8,2 Servicing i) The Hydrogeological Assessment Report detailed site conditions such as geology, surface conditions, hydrology, water quality and treatment, septic effluent impact evaluation, well interference, water demands and facility sizing per design flow -rate. The hydrogeological assessment was originally prepared for a related file, DEV 89 -042, which proposed to create a total of ten lots on lands between Baseline Road and the north limits of the subject application. The report suggests that 10 small 'dry -use' developments could be sustained. The Ministry of the Environment & 636 REPORT NO. PD -19 -97 PAGE 8 Energy reviewed the documents and concurred that the wells should be drilled to the intermediate or deeper water bearing formation. MOEE found the development, of a maximum of 10 lots, to be acceptable hydrogeologically provided that the maximum daily sewerage flow does not exceed 0.93 m3 /day /lot. Similarly, the Health Department concurred with the findings of the reports. ii) The applicant has advised that approximately 5000 gallons of water per day will be trucked to the site for the concrete batching plant. Approximately 2000 gallons /day will be used as mix water and 3000 will be used as wash water. Approximately 50% of the wash water is intended to be recycled for re -use. Therefore approximately 1500 gallons will be conveyed as surface drainage by the proposed open ditch system to the storm water quality facility. iii) The Region of Durham accepts trucking water -in to the site as a method of privately servicing the property. The Hydrogeological report, supported by the Ministry of the Environment and the Health Department, suggests that as many as six small dry industries could be supported on the lands now subject to this application. In consideration of this, staff have no objection to the proposed servicing method, provided that on -site wells are only used for domestic use. 8.3 Storm Drainage and Erosion Control Report i) The applicants land holdings are tributary to the Tooley Creek watershed which is identified as supporting rainbow trout fisheries and therefore requires a 'Level 1' protection. A combination of open ditch, conveyance controls and an end -of- system sand filter are proposed to provide effective suspended sediment removal and coolant to the water temperature prior to discharge at the west limit of the site. elm REPORT NO. PD -19 -97 PAGE 9 ii) A storm water quality control system is proposed to be located above the sand filter. The control system will drain routed post - development flows less than pre - development flows for all storm events from 5 to 100 year, to the Tooley Creek. As well temporary sediment and erosion controls are proposed during construction. Both the Public Works Department and the Central Lake Ontario Conservation Authority ( CLOCA) have noted that maintenance is considered a key component to the effectiveness of the proposed filter bed. CLOCA requires a detailed monitoring program be established to ensure the effectiveness of the treatment and to determine the short and long term maintenance requirements. Public Works and CLOCA staff have also provided comments on other aspects of the proposed system to be detailed through the engineering and site plan approval. 8.4 Noise Report i) The Environmental Noise Impact Study assessed potential noise from both the haul route as well as from on -site equipment to existing nearby residential uses, and provided various recommendations for development of the site in compliance with Ministry of Environment and Energy guidelines. Noise levels on the haul route were estimated based on a maximum production scenario of 27 truck deliveries per peak day operation for 150 annual work days. The actual average truck traffic is estimated to be 10 trucks a day. The noise levels predicted are similar to the existing 55 to 60 dBA daytime noise levels experienced from existing vehicular traffic. ii) Noise predictions have been made for both the worst case peak period and typical activity at the plant. This includes back -up beeper and tailgate banging, along with other machinery used on -site, and is measured at a source height of 3.0 metres. Noise levels from peak period operation are • E REPORT NO. PD -19 -97 PAGE 10 predicted to be about 62 dBA to the closest residence (south side of Baseline Road, east of Progress Drive). The sound level limit for the area as outlined by Ministry of the Environment and Energy Guidelines is 51.5 dBA. In order to mitigate the noise level to achieve the MOEE requirements, all equipment is to operate behind stock piles and a noise berm. The noise berm will rise from 4.0 to 6.0 metres in height parallel to the CPR line. As well, the material moving equipment shall be equipped with upgraded mufflers. Furthermore the hours of operation would be restricted to between 6 a.m. and 7 p.m. and no crushing occur prior to 7 Om 8.5 Dust Emissions Report i) The report identified five potential dust sources from the proposed development as follows; • point sources at the asphalt and concrete batching plant; • unpaved travel surfaces • paved roadways; • storage piles; and • material handling. ii) The report notes that MOEE has regulations on allowable suspended particulate matter (SPM) emissions from asphalt plants and General Air Pollution Regulation which is applicable to all point sources. Furthermore the Environmental Protection Act specifies a Certificate of Approval is required prior to construction. Various methods of minimizing dust, such as water, chemical wetting agents and special surface treatments were discussed for different point sources. The report concludes that the MOEE review of point sources prior to issuing Certificates of Approval combined with amelioration technology can ensure nuisance from dust emissions is within acceptable limits. ONE REPORT NO. PD -19 -97 PAGE 11 9 STAFF COMMENTS 9.1 The proposed asphalt plant, ready mix concrete plant, concrete re- cycling plant and contractor's yard are considered permitted uses in the General Industrial designation, subject to site specific zoning and consideration of specific provisions. The applicant's site plan and noise report propose an earth berm varying in height from 4.0 to 6.0 metres. The construction of the berm assists in addressing both the issue of visual impact from arterial roads and noise mitigation to surrounding properties. Furthermore, the applicant submitted a report detailing methods of minimizing dust on site. 9.2 The issue of odour is not specifically addressed through the supporting documentation. Discussions with officials from the Ministry of the Environment and Energy (MOEE) have indicated that a Certificate of Approval will be required from MOEE prior to construction of the proposed plants. In order to receive the certificate, the applicant must detail what steps are being taken to achieve Ministry standards and minimize any obnoxious emissions, including noise, dust and odour. One of the best factors in mitigating emissions is separation distance. It would appear the closest residence is located, approximately 250 metres (820 ft.) away from the source point on the south east corner of Baseline Road and Progress Drive in the industrial area. During the tour of Bennett Paving, odour did not appear to be a problem. Notwithstanding, the applicant must satisfy the MOEE in this regard prior to construction. 9.3 The applicant is proposing to import water required for production of concrete and /or asphalt, while using on -site wells for domestic use only. The hydrogeological report and addendum thereto, suggested that water for domestic use and the necessary septic system could be accommodated on -site. The Hydrogeologic assessment indicates 28 (85 %) of the existing, surrounding wells draw from the shallow aquifer, while 6 wells (15 %) tap the deeper aquifer. Furthermore, the report notes there was no hydraulic communication between the REPORT NO. PD -19 -97 PAGE 12 overburden, deep aquifer and the shallow aquifer during the test pumping. Should the development be approved, the applicant is required, through the site plan agreement, to connect to municipal services at such time they become available. 9.4 The site is within proximity to Baseline Road which is identified as type A arterial in both the regional and local plans. This is the highest designation of road and is intended to convey large volumes of traffic at moderate to high speeds. As a condition of approval the applicant is responsible for constructing Hancock Road to a standard acceptable to the Municipality. The applicant has purchased a widening from the lands to the east in order to accommodate the ultimate road width on Hancock Road, as well as a safe intersection at Baseline Road relative to railway crossing. Access to the site is considered to be in compliance with Official Plan policies. 9.5 The storm water management reports have been supported in principle by both the Conservation Authority and the Public Works Department. The development of the site is contingent on a water quality pond which is anticipated to mitigate any increase in temperatures, suspended solids and hydro- carbons. Development of the storm water management system and maintenance thereof will be detailed in the site plan agreement. 10. RECOMMENDATION 10.1 In consideration of the supporting comments received from the various agencies, the reports submitted in support of the application and the policies of the Official Plan, staff recommend that the application for rezoning be approved as per the attached amending by -law, and that the "Holding (H) ", not be removed until such time as a site plan agreement has been entered into with the Municipality. 641 REPORT NO. PD -19 -97 PAGE 13 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *cc Reviewed by, W. H. Stockwell Chief Administrative Officer Attachment #1 - Key Map Attachment # 2 - Site Plan Attachment # 3 - Zoning By -law Amendment January 24, 1997 Interested parties to be notified of Council and Committee's decision: Toad Hall Construction Inc. 7350 Highway 48 Markham, Ontario L3P 3R1 Mrs. Lois Osborne 1797 Baseline Road Courtice, Ontario L1 E 2T3 John Lovisek Thorton Road North R.R. #1 OSHAWA, Ontario L1 H 7K4 D.G. Biddle & Associates 96 King Street East Oshawa, Ontario L1 H 1136 W. G. Patterson 1909 Bloor Street East R. R. # 2 BOWMANVILLE, Ontario L1 C 3K3 Evelyn Stroud 89 Little Avenue BOWMANVILLE, Ontario L1C 1J9 Paul Bigioni Rob McCarthy 201 - 6060 Hwy No. 7 East Port Hope Ready Mix MARKHAM, Ontario P. O. Box 6 L3P 3A9 PORT HOPE, Ontario L1 A 3V9 $ ATTACHMENT NO.. 1 t 1 A!1!!!f4! ! b 'eiioi ATTACHMENT NO. 2 a E� 4 � 1 fill i U r 1 QNV 9Z S101 GVOdj ° ° . ° •J \NVH g •L��IIIIIIIYIIrY■�1111�.11111.� �f I���I�t ��+YYY YY�1YY��IY� ` maw i ki I- ItIY YYMalvl I 41.2 ad,36awl MUM 4v%m i- Imo, < Q 1_ _ V < a z tl o Q V I z I � Wo ir t � u 2 / = CZ ` o O i - Inmtmmnnn - IIIIIIIIIIIIIIIIIIIIIII / � "\/ i / I _ IIIIIIIIIIIIIIIIIIIIIII / / � �// �� / = IIIIIIIIIIIIIIIIIIillil / / ; � I I n� L� +� I,1 ish - - — I 3N00 BZ 101 ail I 1 l i �t� I a E� I •, 1 I � Y 4' z 3A YO s332h0ud 1 J a 1- tn z z U z J U, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Corporation of the Town of Newcastle to permit the development of an asphalt plant, a ready -mix concrete plant, a concrete re- cycling plant and a contactor's yard as proposed through DEV 94 -010. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 24.4 "SPECIAL EXCEPTIONS - GENERAL INDUSTRIAL (M2) ZONE" is hereby amended by adding thereto, the following new Special Exception 24.4.14 as follows: "24.4.14 GENERAL INDUSTRIAL EXCEPTION (M2 -14) ZONE Notwithstanding the provisions of Section 24.1 and 243(c), those lands zoned M2 -14 on the schedules, in addition to the uses permitted in the M2 zone, may also be used for an asphalt plant, a ready -mix concrete plant and a concrete re- cycling plant in accordance with the following zone provisions. a. outside storage (maximum height) 5 metres 2. Schedule "1" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from "General Industrial (M2)" to "Holding - General Industrial Exception ((H)M2 -14)" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By -law. 3. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1997. BY -LAW read a second time this day of 1997. BY -LAW read a third time and finally passed this day of 1997. CLERK ,16145 This is Schedule "A" to By —law 97— , passed this day of 0. 1997 A.D. LOT 27 CONCESSION 1 _ z�N 72' 37'00" E 403.00 ��a4i.''`F'�.t`'.. "dish'`tin �kc�� n La o_ �. U zui �Sy�O�Y OU Z 2 '9Q 00, Y Aq w o N o i/ w c o ®ZONING CHANGE FROM �9i�� Z M w M2 TO KH)M2 -14 qr Z b M ZONING TO REMAIN "EP" X338 J s N 09' 46'00" 0.489 IZ BASELINE ROAD N 17' 23'20" W 22.2 N 73' 27'30" E 1 6 0 25 50 100m Mayor 25m 0 Clerk 29 LOT 28 LOT 27 LOT 26 LOT 25 0 oZ W U Y �O U Q — U ZN O U Q 0U = NZ O U ID BASEL ROAD U -F'' HIGHW AY 0 U 401 4 COURTICE \ m