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