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Home My WebLink AboutPD-52-94Subject: 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 -52 -94 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 referred back to Staff for further processing and preparation of a report subsequent pending receipt of all outstanding comments; and, 3. THAT the 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)" and "Environmental Protection (EP)" to an appropriate zone to permit proposed use 1.4 Proposal: To construct an asphalt plant, ready mix concrete plant and contractor's yard and shop 1.5 Site Area: 6.42 hectares (15.86 acres) ....2 RECYCLED E R PAPER YCLE PIE THIS IS PRIMED ON RECYCLED PAPER REPORT NO. PD -52 -94 PAGE 2 2. LOCATION 2.1 The subject lands represent a 6.42 hectare parcel located on the west side of Hancock Road just north of Baseline Road. The property is flanked to the south by the Canadian Pacific Rail line. The property in legal terms is known as Part Lot 27, Concession 1 in the former Township of Darlington. 3. BACKGROUND 3.1 On March 29, 1994, D.G. Biddle & Associates filed an application with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose of the application is to change the current zoning from "General Industrial (M2)" and "Environmental Protection (EP)" to an appropriate zone permitting the development of an asphalt plant, ready mix concrete plant and a contractor's yard and shop. The project would proceed on private water supply and septic systems. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant land 4.2 Surrounding Uses: East: Agricultural and Hazard Area North: Agricultural West: Agricultural South: Residential and Vacant Area 5. OFFICIAL PLAN POLICIES 5.1 Within the existing 1991 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, ....3 Ji� REPORT NO. PD -52 -94 PAGE 3 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. 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 and asphalt plant are not permitted uses within the zone. The applicant has requested an appropriate rezoning to permit the proposed uses. 6.2 A portion of the lands within the northern half of the property are zoned "Environmental Protection (EP)" depicting an existing floodplain limit. However, most of the area is proposed to be regraded to a revised floodplain limit resulting only a small area in the western corner of the site will remain in the floodplain limit. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 A letter of objection outlining several concerns has been received from Mrs. Lois Osborne who resides at 1797 Baseline Road, south of the proposed development. Mrs. Osborne notes that the lack of full municipal water and sanitary services ....4 REPORT NO. PD -52 -94 PAGE 4 will require private services and may have consequences on area groundwater levels. Noise, dust and odours from the asphalt plant will be a problem. The additional truck traffic from the development will increase the amount of road repairs. The proposed use may also decrease area property values. A petition of area residents opposed to the development has been attached to Mrs. Osborne's letter and attached to this report. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. 8.2 Comments indicating no objections have been received from the following agencies: Municipality of Clarington Building Department Municipality of Clarington By -Law Department Municipality of Clarington Fire Department 8.3 The Municipality of Clarington Public Works Department has no objections to the proposal but offers the following conditions for approval: • that all works and services are designed and constructed to the satisfaction of the Director of Public Works; • that any easements, road widenings or 0.3 m reserves required by the Municipality are granted free and clear of any encumbrances; • that Hancock Road and any internal municipal roads be constructed to a complete urban industrial road standard taking into account full load truck operation on a year round basis; ....5 REPORT NO. PD -52 -94 PAGE 5 • that the applicant is responsible for the costs of all construction works (roads, sewers, utilities, etc.) required for the connection of this development to existing streets; • that a performance guarantee for all internal and external works be provided to the Director of Public Works; • that the applicant's engineer prepare a stormwater management plan detailing conveyance of internal major and minor storm drainage systems as well as existing external drainage through the development. Any improvements to the plan arising from the review shall be the applicant's responsibility; • that all required utilities be buried underground; • that the applicant assume all costs for the location and installation of community mailboxes to service this development; • that the applicant enter into a site plan agreement with the Municipality which would include requirements for engineering and construction of all related internal and external works and services; and, • that the applicant meet all requirements of the Public Works Department, financial or otherwise. 8.4 As previously noted, the Durham Region Planning Department has indicated that the proposal conforms to the 1991 Durham Official Plan. The Durham Region Public Works Department has ....6 REPORT NO. PD -52 -94 PAGE 6 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. 8.5 The Durham Region Health Unit has no objections to the proposal with regard to the approval of a private sewage disposal system. 8.6 The Ministry of Environment has indicated that they will not be commenting on rezoning and site plan applications. 8.7 Comments still remain outstanding from the following agencies: Municipality of Clarington Community Services Central Lake Ontario Conservation Authority Northumberland & Clarington Public School Board Ministry of Natural Resources Canadian Pacific Railway 9. STAFF COMMENTS 9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, R.S.O. 1990, and considering the number of outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development RH *FW *cc Reviewed by, W. H. Stockwe Chief Administrative Officer X16 ....7 REPORT NO. PD -52 -94 PAGE 7 Attachment #1 - Key Map Attachment # 2 - Letter & Petition May 6, 1994 Interested persons 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 L1E 2T3 D.G. Biddle & Associates 96 King Street East Oshawa, Ontario L1H 1B6 1 � � � •` � �` � 04 >0 000<),M1 � t00 0 111 one,:,............... ....................... ..... .. .. ..._......... .. .. .. .. 1797 Baseline Road Courtice, Ontario. Dear Mayor & Council: I strongly oppose the proposed zoning by -law amendment that would change the zone'category of a 6.56 ha parcel of land in Part Lot 27, Concession, former Township of Darlington from a "General Industrial (M2)" zone to an appropriate zone to permit the establishment of a ready -mix concrete plant and an asphalt plant in addition to the contractor's yard and office. We built our house in April, 1957 on the corner of my father in -laws farm, the lot being a wedding gift to us. At that time it was an enjoyable quiet country road before it was zoned industrial. Since then several factories started to appear around us, none of which has bothered us much, in fact other than more traffic you hardly know they are there. Well actually except we have had to put up with the large B.F.I. trucks roaring by in the middle of the night to get an early start on their day. There is a bump out in front of the house that I'm sure they don't enjoy either that shakes my windows when they hit it. �.. .'..') ") )00 5"b.a�. 0 Both of these plants would require much water & sewers of which there are none. Also there is the concern of our water table, I understand some of the industries around are buying water. Other reasons for opposing this - I am enclosing pictures showing the parcel of land draining into a stream that flows through the 6.56 ha where it later joins the main creek that flows to Lake Ontario. After walking this property the other day it has an area of bullrushes offering a quiet habitat for birds & other animals. It is not an uncommon sight to see five deer feeding in that area. - We have enough dust & odours in the air as it is, without putting up with the acrid smell of asphalt, that alone the dust from the ready mix plant. - The noise of both the big trucks taking raw materials in & big trucks taking saleable goods out would be for me unbearable. - The money you gain in taxes would be spent on road repairs in a wide area as these are big, heavy trucks. - The notices that you sent out pertaining -to this matter were received by only a very people who care, as the land borders on other industrial land. As.I to.ok,my petition around hardly any people had heard about the proposal:& agreed the 3• negative impact it would have on our community, I have recently lost my husband after a long illness, if you allow the ready -mix & asphalt plants to proceed, my house & .95 acre lot will be worthless, through no fault of my own. I recommend that you turn down this proposal. Yours truly, Mrs. Ron Osborne c.c. Planning Dept. Director We oppose the proposed zoning by-law amendment that would change the zone category of a 6.56 ha parcel of land in Part Lot 27, Concession 1, former Township of Darlington from a "general Industrial (M2)" zone to an appropriate zone to permit the establishment of a ready-mix concrete plant and an asphalt plant in addition to the contractor"s yard and office, NAY A/ 71'y e4a4j,, Ytx% 43�2__ 7771 A < V 1W A 7 17 Y� Moor 21 % w- 43 S- 13�OOA /* '14q 1�oq oal - a - -7 41 1O)o 6, 0 L C(_