HomeMy WebLinkAboutPD-7-89 DN: 1. 5(g)
TOWN OF NEWCASTLE
REPORT
�,. File # �/�-�. ��•
Res. #{'�
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, January 9, 1989
REPORT #: PD-7-89 FILE #: OPA 88-47/D
SUBJECT: COURTICE INDUSTRIAL AREA COMMUNITY MEETING
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-7-89 be received by the Committee for information.
1. BACKGROUND
1.1 On November 24, 1988, Planning Staff met with residents of the Courtice
Industrial Area, at the direction of Council, to discuss the long-term
planning issues for this area. Planning Staff provided a Historical Review
of the Courtice Industrial Area, referred to herein as Appendix 'A' .
Minutes of this community meeting and Appendix 'A' are hereto attached.
1.2 It was noted at this meeting that Town and Regional Planning Staff are
continuing with the review for the need for the designation of new
Industrial lands with the Town. Any extension of the Courtice Industrial
Area will be contingent upon the Durham Regional Official Plan review and
the Town's Servicing Feasibility Study presently underway.
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REPORT 00. : pD-7-89 PAGE 2
_______________________________________________________________________________
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu, M.C.I.P. �a��eu toeff
Director of Planning 6 Development �bie� 7��m'�i�tcmtive officer
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*Attach.
December 12, I988
MINUTES
Meeting with the Residents and Owners in or near the Baseline Road
Industrial Area
THURSDAY, NOVEMBER 24, 1988
9:301 A.M.
COURTROOM If 2, BOWMANVILLE COURTHOUSE
In attendance from the Town of Newcastle Planning Department were:
David Crome, Manager, Strategic Planning Branch
Larry Taylor, Manager, Development Review Branch
Jeff Brooks, Planner, Strategic Planning Branch
Mr. David Crome welcomed residents to the meeting, introduced the staff
members present, and briefly outlined its purpose. He apologized for Mr.
Wu's absence. He explained that the Assistant Deputy Minister of Housing
had called a meeting of the Durham Region Planning Directors and Mr. Wu's
attendance in Toronto was critical.
Mr. Crome provided a Historical Review of the Courtice Industrial Area as
outlined in Appendix A to these minutes. He concluded by noting that the
Town was presently conducting a land use study for the area known as
Special Study Area if 11. He noted that a Servicing Feasibility Study was
part of this process. The Servicing Feasibility Study has been broadened
in scope to also examine the option of servicing the existing industrial
area north of Highway # 4011.
The floor was open to questions.
Mr. A. Bigioni, 7350 Highway If 48, Markham, Ontario.
Mr. Bigioni asked when the servicing of Special Study Area If 11 and sites
north of the 401 and beyond, would become available.
Mr. Crome noted that the timing and extent of services was unknown at this
time.
Dr. Pinto, Box 93, Bowmanville, Ontario L1C 3K8
Dr. Pinto inquired whether servicing would be extended east of Lot 25 in
the Courtice Industrial Area.
Mr. Crome responded that the entire designated industrial area was being
considered.
Mr. P. Bannon, 1010 Solina Road, R.R. #2, Bowmanville, Ontario
Mr. Bannon asked what sort of Architectural Control is in place to control
industrial development.
Mr. Taylor noted that Planning Staff have the support of council to impose
standards of architectural control through site plan agreements. Mr.
Taylor further noted that brick is considered a preferable cladding type
and indicated the Halminen Homes Office as an example of desireable
development.
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Mr. Bannon noted that there is a need for higher profile industrial
buildings and that the Courtice Industrial area should have been serviced
to attract this type of development. Mr. Bannon further raised the
question whether prefab metal structures were considered the minimum
standard.
Mr. Crome noted that the needs of those located in a General Industrial
Area may differ from the needs of those located in a Prestige Industrial
area. Furthermore, Mr. Crome noted that designations for both types of
industries were located in the Courtice Industrial Area.
Mr. Bannon noted that services should be extended to encourage prestige
industries or a reasonable type of industry. Mr. Bannon further noted
that the type of industry which should be promoted be of the type which is
best for the community. Mr. Bannon also noted that a specific standard be
set for Architectural Control of industrial sites.
Lois Osborne, R.R. # 2 Bowmanville, Ontario
Mrs. Osborne inquired where the boundary of Special Study Area # 11 was
located in relation to Lake Ontario.
Mr. Crome noted that the southern boundary of Special Study Area # 11
reflected the former Darlington Township Official Plan and is located
approximately one thousand (1000) feet from the high water mark of Lake
Ontario.
Jim Sullivan, R.R. # 2 Bowmanville, Ontario
Mr. Sullivan noted that he had gone through three tiers of government to
establish a pond which he stocks with trout. The adjacent industrial area
is lower than his property, and Mr. Sullivan thus has concerns that his
pond may be drained through the installation of services.
Mr. Taylor stated that Mr. Sullivans concerns were noted.
Mr. Crome noted that the industrial area being serviced by private
services, namely wells, may be more detrimental to the pond than
installation of public services, namely municipal water.
Mr. Sullivan concluded by noting that he was not interested in obtaining
sanitary sewers or municipal water.
Margaret Philips, R.R. # 2 Bowmanville, Ontario.
Mrs. Philips inquired whether staff was aware of the residents fight
against Miller Paving. Mrs. Philips further noted that she will continue
to fight all industrial applications within the area. Mrs. Philips stated
that she and her family had moved to this area for peace and quiet and for
a country lifestyle.
Keith Philips, R.R. # 2 Bowmanville, Ontario.
Mr. Philips noted that he was the resident who coined the phrase "quality
of life" during a presentation to the General Purpose and Administration
Committee against the Miller Paving application. Mr. Philips noted that
he wanted some assurances regarding the residents quality of life and in
particular their well water.
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Mr. Philips noted that the Town will not be able to compensate him because
there are no fire hydrants to run water off of, as there was in Courtice.
Mr. Philips noted that he was willing to pay more taxes not to have low
grade industry located within the Courtice Industrial Area. Mr. Philips
further stated that the owners of these low grade industries do not live
in the Town, they do not contribute to the Town and take from the Town,
rather than give. Mr. Philips noted a concern over new development
requests when only a small fraction of the designated industrial land is
currently occupied. Mr. Philips also stated that the residents were
already in place in 1976 when the boundary of the industrial zone was
arbitrarily set.
Mr. Crome noted that these lands had been designated for industrial
development since 1958, within both the Darlington Official Plan and
Darlington Zoning By-law.
Mr. Philips stated that he felt that the plan is too long term and that it
could be considered poor planning. Mr. Philips stated that the value of
the land and residential prices had dropped since he had purchased his
property in 1985. Mr. Philips noted that this was a result of industrial
activity in the area.
Mr. Crome asked Mr. Philips if he had inquired to the Planning Department
as to the land use of the area.
Mr. Philips noted that he had made a telephone call in 1985 to obtain
information regarding this property. At that time, he stated that he was
told the property was designated agricultural all the way around his
property.
Carrol MacDonald, R.R. # 2 Bowmanville, Ontario
Ms. MacDonald noted that she was angered to find out that shortly after
purchasing her property she had found out that the Darlington Nuclear
Generating Station was to be completed. Furthermore, Ms. MacDonald stated
that her property had somehow undergone a flip-flop from agricultural to
industrial. Ms. MacDonald wanted a guarantee that this would not happen
again.
Mr. Crome noted that there may be some confusion between the Official Plan
designation and the zoning. Mr. Crome further noted that the only change
to these lands was done through implementation of Comprehensive Zoning
By-law 84-63 which reflected the industrial designation within the Durham
Regional Official Plan.
Ms. MacDonald inquired as to who makes a zoning change?
Mr. Taylor replied that an application to rezone a particular property is
made by the owner of the property or an authorized agent of the property
owner.
Ms. MacDonald further raised concerns that the Town had affected her water
supply. Her well, which had been in use for the past 60 years, has
suddenly gone dry. Ms. MacDonald also noted that if roads were to be
upgraded for industrial use, this would only raise the taxes paid by the
residents.
Dr. Pinto, Box 93, Bowmanville, Ontario L1C 3K8
Dr. Pinto stated that proper circulation was not made for By-law 84-63.
He further noted that circulation through the local media should not be
made.
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Mr. Taylor explained that in 1984 Council approved a recommendation to
replace the Darlington, Bowmanville, Newcastle Village and Clarke By-laws
with a Town of Newcastle Comprehensive By-law. This was advertised in the
newspapers and community workshops were held prior to public meetings.
The circulation procedure for the comprehensive zoning by-law was
different from that used for specific rezoning applications. As a
requirement of the Planning Act of Ontario, owners within an area
designated for rezoning and those within four hundred (400) feet radius of
the subject site are to be notified. Notification of the proposed
consolidation of these by-laws was accomplished through advertisements in
the local newspapers.
Carrol MacDonald, R.R.# 2 Bowmanville, Ontario.
Ms. MacDonald inquired whether the push for servicing to Special Study
Area # 11 was for Hydro's purposes.
Mr. Crome explained that the servicing feasibility study to be conducted
included one portion of the Hydro lands being considered for prestige
industrial uses. The impetus for the Study, however, related more to the
Special Study Area.
Margaret Philips, R.R. # 2 Bowmanville, Ontario.
Mrs. Philips expressed that agricultural lands in the Courtice Industrial
Area were being sold for industry purposes strictly for monetary benefit.
Ruth Wright, R.R. # 2 Bowmanville, Ontario
Mrs. Wright explained that 6 years ago she asked to have the lands severed
for housing, but was told that this was not possible under the Industrial
11M2" zoning. Mrs. Wright explained that now she wants to expand the family
industry and has submitted an application for rezoning. Furthermore, Mrs.
Wright wished to know the current status of the application.
Mr. Taylor acknowledged receipt of the appliation to rezone the lands and
suggested that they could discuss the various aspects of the application
following the meeting.
Hal McKnight
Hal McKnight enquired why Dom's Auto Parts land use extended beyond the
boundaries for industrial use in both the Official Plan and Zoning
By-law.
Mr. Crome noted that Dom's Auto PAarts was established prior to the
Darlington Official Plan and Zoning By-law of 1958 and would be considered
legal non-conforming. Dom's Auto Parts had been operating prior to the
implementation of both these documents and thus has the legal right to
carry on operations.
Wally McKnight, R.R. # 2, Bowmanville, Ontario
Mr. McKnight inquired whether the metro dump would affect the type of
industry which would be located in the Courtice Industrial Area.
Mr. Crome responded that the Metro dump would deter prestige industries
from locating in the Courtice Industrial Area.
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Lloyd Down, R.R. # 2, Bowmanville, Ontario
Mr. Down noted that the present application for a gas bar at the southwest
corner of Baseline Road and Courtice Road would only add to the number of
accidents which are occurring at this intersection. Mr. Down believes
that this application creates too many dangerous situations.
Mr. Taylor noted that this application (DEV 88-56) had been referred back
to Staff by council for further review.
Mr. Down inquired as to the status of the Osborne farm.
Mr. Taylor noted that no applications had been submitted to develop the
Osborne farm.
Ivan Zwarun, Box 462, Oshawa, Ontario L1H 7L5
Mr. Zwarun inquired as to the status of his Official Plan application
(87-72-D-N) was.
Mr. Taylor noted that the application had been tabled by Committee in
relation to the Review of the Durham Region Official Plan and need for
more industrial land.
Mr. Zwarun was invited to talk to staff after the meeting regarding
specific questions.
Keith Philips, R.R. # 2 Bowmanville, Ontario.
Mr. Philips noted that a report by the Town of Newcastle to Durham Region
regarding industrial lands does not suggest changes to zoning or to the
Official Plan. Furthermore he notes that the report does not state an
increase of industrial land is required. Mr. Philips noted that because a
statement has not been made by the Town, that further industrial
development should not be considered.
Ron Beckell, R.R. # 2 Bowmanville, Ontario
Mr. Beckell stated that he has owned his property for 16 years and has
known that it was designated industrial for that period of time.
Furthermore he noted that there has always been a well problem in the area
and that he has always bought water.
Keith Philips, R.R. # 2, Bowmanville, Ontario
Mr. Philips stated that he has never bought water.
Paul Bannon, R.R. # 2, Bowmanville, Ontario
Mr. Bannon reaffirmed that water is a problem. Mr. Bannon inquired
whether the minutes to this meeting would be available.
Mr. Taylor assured Mr. Bannon that they would be available and sent to
those in attendance.
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Mr. Bannon inquired if residents could be in attendance when a
presentation is made to council. Furthermore Mr. Bannon would like
Planning Staff to make a recommendation that residents be allowed to
attend the meeting because emotion can not be shown in written minutes.
Mr. Bannon wants to know that what they are stating is appropriately
documented.
Mr. Crome stated that there would not be an open public meeting on the
matter. However, if residents wish to attend the meeting and make a
presentation, they could contact the Town Clerk, or alternatively, himself
to be considered as a delegation.
Margaret Philips, R.R. # 2 Bowmanville, Ontario
Margaret Philips inquired which council will review the minutes of this
meeting, the present council or the newly elected council.
Mr. Crome responded that it would be the newly elected .council.
Keith Philips, R.R. # 2 Bowmanville, Ontario
Mr. Philips noted that he would like to be informed of the meeting date in
addition to being sent a copy of the minutes.
Shirley Crago, R.R. 2, Bowmanville, Ontario
Mrs. Crago inquired about the federal policy which restricts the distance
that dumps may be located to airports.
Mr. Crome responded that landfill sites tend to attract birds, which
interfere with the takeoff and landing of airplanes. As a result Federal
Transport regulations restrict landfill sites from a specified radius of
airports. Proposed Metro landfill site appears to be within the
restricted area.
Mrs. Crago expressed concerns about the dump being located within the
floodplain of Tooley Creek.
Mr. Crome stated that any potential landfill site would be subject to a
stringent environmental assessment and it would be very improbable that
floodprone lands could be considered.
Mrs. Crago further noted that she has always had water and has never had to
buy water. She stated that she has always had enough water to supply her
cattle.
Wally McKnight, R.R. # 2, Bowmanville, Ontario
Mr. McKnight noted that anytime you want to do something you receive
complaints from the Ministry of the Environment, yet we are going to
have a dump.
Margaret Philips, R.R. # 2 Bowmanville, Ontario.
Mrs. Philips inquired how long a dump would be in operation.
Mr. Crome responded that it was his understanding that Metropolitan
Toronto was looking for an interim dump site which would operate for
approximately a 5 year period.
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Mrs Philips asserted that she would prefer having a dump in operation,
as opposed to industrial uses, since the dump would only last 5 years.
Keith Philips, R.R. #2 Bowamnville, Ontario
Mr. Philips noted that it was his understanding that wet industries were
not to be located in the Courtice Industrial Area. He noted that the
preferred development was to be dry industry and did not believe that
Canadian Gypsum should be allowed to develop.
Mr. Taylor noted that from the comments received the application complied
with the provisions of the Regional Official Plan, zoning by--law and site
plan requirements. Furthermore an engineering report was submitted which
supported these findings.
John Simons, R.R. # 2, Bowmanville, Ontario
Mr. Simons noted that two test wells were drilled, and that while the
Canadian Gypsum well was pumped, his well was tested over a 24 hour
period. The tests showed no effect to his well, however the tests were
conducted on a rainy day.
Toby Groeneveld, R.R. #2, Bowmanville, Ontario
Mrs. Groeneveld noted that she has never had any problems with her well and
inquired whether she would be compensated should Canadian Gypsum interfere
with her well.
Mr. Taylor noted that Canadina Gypsum had entered into a site plan
agreement with the Town of Newcastle and that the agreement was registered
on title. Provisions within the agreement required the Owner to provide,
where any well or private water supply was interfered with as a result of
the construction or the development of said project an alternative water
supply.
Jim Sullivan, R.R. # 2 Bowmanville, Ontario
Mr. Sullivan inquired what was the difference between Ml zoning and M2
zoning.
Larry Taylor explained that M2 is the General Industrial Zone and allows
for outside storage whereas M1 is the Light Industrial Zone which has more
limited uses and does not provide for outside storage of good and
materials.
APPENDIX A
HISTORICAL REVIEW OF THE
COURTICE INDUSTRIAL AREA
1958 Municipal Planning Consultants retained by the Township of
Darlington to prepare zoning by-law and official plan.
Major Problems: - scattered residential development
- low industrial-commercial assessment
(only 6.3%)
- high growth rate (population had almost
doubled between 1950 - 1957) .
Solutions: - designated Courtice for urban growth and
Mitchell's Corners and Hampton for suburban
development (private service) to provide
areas for growth and restrict scattered
development.
- designated 1360 acres of industrial land in
the vicinity of Courtice Road and 401.
Feb. 5, 1959 Darlington Township Zoning By-Law #2111 adopted by Council.
Oct. 31, 1960 Official Plan for the Darlington Planning Area approved
by Minister of Municipal Affairs.
Jan. 1, 1974 Regional Government established.
July 14, 1976 Regional Offical Plan adopted by Regional Council. The
Regional Offical Plan superceded both the Darlington
Official Plan and the Darlington Zoning By-Law.
The Regional Plan:
- designated approximately 9000 acres of industrial
land across the Region
- designated approximately 400 acres of industrial land
on north side of Highway #401 between Lot 25 and Lot
32.
- designated the south side of Highway #401 as a
Special Study Area from Lot 11 to Lot 31.
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June 29, 1977 A modification to the Regional Plan was made to:
- recognize the St. Mary's Lands as Industrial.
- recognize the Darlington Nuculear Generating Station
lands as Utilities.
- Leave the balance as a Special Study Area for
possible residential/industrial/agricultural use in
association with surplus steam energy from the
Gererating Station.
March 17, 1978 Durham Region Official Plan approved by the Minister of
Municipal Affairs and Housing.
June 26, 1979 An Amendment #9 to the Regional Official Plan was approved
by the Minister of Municipal Affairs and Housing. The
amendment was initiated by the Town of Newcastle (78-18/D(9)
to entend the Courtice Industrial Area east to include
Lot 24 and add approximately 60 acres.
Oct. 20, 1987 Official Plan Amendment (87-72/D) proposed by Iwan Zwardun
to extend industrial designation further east in Lot 23,
B.F. Concession (15.6 acres) .
June 14, 1988 Official Plan Amendment (87-72/D) proposed by Bajda Holdings
to extend industrial designation further east in Lots 23,
and 24 Concession 1 (65.6 acres) .
July 25, 1988 Council directed staff to initiate a study with a view to
resolving the future land uses in Special Study Area #11.