HomeMy WebLinkAboutPD-244-89DN: DUF /CO
TOWN OF NEWCASTLE
REPORT File # '/10
Res. #
By -Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 2, 1989
REPORT #: PD -244 -89 FILE #:
SUB.ECT: SUMMARY REPORT OF OMB HEARING
APPEAL BY JOHN ROXBOROUGH, GORDON WHITE, D. F. LOMAS AND OTHERS
AGAINST ZONING BY -LAW 88 -110 (DUFFERIN CONCRETE)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 244 -89 be received for information.
1. BACKGROUND
1.1 In July, 1988, Council approved zoning by -law 88 -110 to specifically
permit Dufferin Concrete to operate a concrete ready mix plant on a 5
acre property located at the north west corner of Port Darlington Road
and West Beach Road. The said by -law was subsequently appealed by Mr.
Gordon White, John Roxborough, D. F. Lomas and others. As a result, an
Ontario Municipal Board Hearing was held on September 11, 1989.
2. APPELLANT POSITION
2.1 The residents were represented by legal Counsel who called several
witnesses, including a planning consultant who advised the Board that in
his opinion, the by -law passed by the Town Council does not conform to
V
REPORT NO.: PD-244-89
the Durham Region official Plan. Counsel also called several residents
residing on Cove Road who advised the Board that the existing concrete
batching plant presents numerous problems including traffic, pollution to
Soper Creek, noise and dust, as well as visual impact.
3. TOWN POSITION
3.1 Represented by Legal Counsel, the Director of Planning and Development
advised the Board that there are no environmental impacts to the
surrounding areas resulted from the proposed development and that the
By-law conforms to the Durham Region official Plan which specifically
allows the local Council to pass a zoning by-law to allow the
continuation of existing use.
4. APPLICANT'S POSITION
4.1 Dufferin Concrete is represented by legal Counsel who called several
witnesses, including the company's officials and experts in the field of
storm water management, noise and dust control and traffic. These
experts advised the Board that there are no adverse impacts to the
environment. The company officials indicated to the Board that it is
their intent to replace the existing obsolete equipment and structures
so that previous environmental problems could be eliminated through
construction of a new plant facility.
5. ONTARIO MUNICIPAL BOARD DECISION
5.1 The hearing lasted four days and having considered all the evidence, the
Board provided a lengthy verbal decision which in effect approved the
Town's Zoning By-law 88-110, allowing Dufferin Concrete Products to use
the site for a ready-mix concrete plant and assessory uses subject to
several minor amendments to the By-law and in addition directed the Town
to incorporate the following requirements in the site plan agreement:
_3
D8P0BT ^ 0O
^^ PD-244-89
______________________________
a) discharge from truck washout facilities to be connected to sanitary
sewer,
b) The owner undertake to comply with the recommendations contained in
the engineering report prepared by Golder Associates, and the
o) owner undertake to apply calcium obIucide on site to minimize dust.
The Board's Order will be issued ogou the Clerk of the Town notifying
the Board that these provisions have been included in the Site Plan
Respectfully submitted,
Franklin Wu, M.C.Z.P.
Director of Planning & Development
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*Attach.
September 15, 1989
Recommended for presentation
to the Committee
Kmtaeff
strative Officer
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