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Home My WebLink AboutPD-22-86 TOWN OF NEWCASTLE V: REPORT File # &o '`� ,. y' Res. # -�. By Law # h€ETING: General Purpose and Administration Committee DATE: January 2U, 1986 REPORT #: PD-22-86 FILE #: DEV 85-34 SUBJECT: REZONING APPLICATION - WILSMAP LIMITED TOWN LOTS 25, 26, PART OF LOTS 27 , 113, 114 and 117 , BLOCK "U" C.G. HANNING'S PLAN, TOWN OF BOWMANVILLE OUR FILE: DEV 85-34 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-22-86 be received; and ems, 2. THAT an application submitted by Mr. William M. Rude -Y,on behalf of Wilsmap Limited, to rezone a parcel of land in Town Lots`2 26, Part Lots 27 , 113, 114 and 117, Block "U" , C.G. Hanning' s Plan , Town of Bowmanville to permit the development of a dry cleaning distribution centre and plant, be approved and that the attached by-law, to amend By-law 84-63, be forwarded to Council for approval, BACKGROUND AND COMMENT: On July 5, 1985, a site plan agreement, pursuant to Section 40 of the Planning Act, was executed between the Town of Newcastle and Wilsmap Limited, and subsequently registered on title on July 15, 1985 - Instrument No. 122856, in recognition of the applicant' s proposal to construct a 975.45m2 commercial establishment. The potential uses within said structure were to be consistent with the list and variety as noted within the "Cl'-General Commercial" zone. . . .2 REPORT NO. : PD-22-86 Page 2 Following the receipt of site plan approval and the issuance of a building permit for the plaza construction, it was brought to Staff' s attention that a potential tenant was inquiring as to the possibilities of a dry cleaning distribution centre and dry cleaning establishment. The applicant was advised that within the "Cl" zone, a dry cleaning distribution centre was a permitted use, however, the cleaning establishment/plant itself was of an industrial nature and subsequently, not included within the "Cl" zone. Accordingly, a rezoning application would be necessary for consideration of such a use. Subsequently, on October 25, 1985, the Planning Department received an application to consider a request to permit a dry cleaning establishment within the commercial plaza. It is noted for the Committee' s information that, in consideration of the proposal , Staff requested additional information, from the applicant, pertaining to the nature/type of cleaning, machinery, etc. proposed. This request was made in consideration of Staff' s preliminary review of the application, in which it was noted that a dry cleaning plant, in the Ontario Building Code, constitutes a special fire hazard by nature of the materials used in its activities and alternatively, could require additional special construction techniques/standards to be incorporated in the design of the individual rental unit. Additionally, it was noted that confirmation was to be provided with respect to the potential noise level emmissions, odours or fumes from said machinery and solvents used in the cleaning process. It is noted for the Committee' s information that the subject property is located within the Bowmanville Main Central Area as designated in the Durham Regional Official Plan. A full array of land uses are permitted within the Central Area designation. In addition, the Durham Plan stipulates that detailed policies for the development of central areas shall be included in a District Plan or in an existing Official Plan. In this regard, the subject property is designated, in the Official Plan of the Bowmanville Major Urban Area as a "Predominant Commercial Use Area" where retail , business, office and personal service uses are allowed. . . .3 REPORT NO. : PD-22-86 Page 3 Staff would note for the Committee' s information that the public informational sign, as required pursuant to Council ' s resolution of July 26, 1982 and the requirements of the Planning Act, were installed on the subject lands. In consideration of same, Staff would note that no objections, to the proposal , were received at the writing of this report with respect to the amendment requested. In accordance with departmental procedures, the subject application was circulated to obtain comments from other departments and agencies. The following would summarize the comments as received. Staff would note that the Fire Department and Public Works Department offered no objections to the application as filed. Region of Durham Planning Department "In response to your request for comments, we note that the subject property is located within the Bowmanville Main Central Areas as designated in the Durham Regional Official Plan. A full array of land uses are permitted within the Central Area designation. In addition, the Durham Plan stipulates that detailed policies for the development of Central Areas shall be included in a District Plan or an existing Official Plan. In this regard, the subject property is designated. in the Official Plan of the Bowmanville Major Urban Area as a "Predominant Commercial use area" where retail , business, office and personal service uses are allowed. The proposal to add a dry cleaning establishment would appear to conform provided it is used in conjunction with or is accessory to a dry cleaning distribution station. With respect to Regional services, the existing plaza on the subject property is currently serviced with sanitary sewer and watermain including a 6" diameter sanitary connection and a 1" diameter water service. The proposed dry cleaning operation would appear to have no adverse effects on the existing services" . Town of Newcastle Building Department "A dry cleaning plan in the Ontario Building Code is considered an F-1 occupancy and constitutes a special fire hazard by the nature of the materials used in its activities. . . .4 F(d) REPORT NO. : PD-22-86 Page 4 Town of Newcastle Building Department (Cont'd) The building permit for this building, which is still under construction, was issued for stores and shops, a considerably less hazardous occupancy. There are some occupancies such as restaurants, of more than 30 people, the proposed bingo hall and dwellings that are not permitted in the same building as an F-1 occupancy. We should be provided with revised drawings, while the building is still under construction showing the proposed occupancy of each suite/unit and the possible construction changes to ensure Ontario Building Code compliance. Further, there is some concern in rezoning the entire site as this would permit the occupancy of any suite or unit for the use of a dry cleaning plan and that particular suite or unit may not meet building code requirements". Ministry of Environment - November 12, 1985 "Further to your letter dated October 28, 1985, please be informed that under Section 8 of the Environmental Protection Act an application for a Certificate of Approval must be submitted to the Director for his evaluation of any plant that discharges contaminants to the natural environment. Modern technology has improved some dry cleaning operations to the point where there are no process emissions to the atmosphere and consequently an application for a Certificate of Approval is not required by the Ministry. If the operation to be located in your locale is of the design described above, approval is not required. However, if the design is such where emissions to the environment of perchloroethylene occur an application is necessary. A letter from the perspective applicant is required describing the type of operation to be employed. At which time we would determine if approval is required. We would also bring to their attention the need for proper solvent storage procedures and also the necessity of obtaining approval for the installation of any process boilers or heating equipment rated in excess of 1.5 MBH" . December 2, 1985 "Further to your letter dated November 18, 1985, please be informed that information received from the proprietor of Oshawa quality Equipment Limited confirms that the equipment mentioned in your correspondnence does not require venting to atmosphere. It is referenced as being a Dry to Dry System; consequently, it does not require an application for approval from this Ministry. . . . .5 REPORT NO. : PD-22-86 Page 5 Ministry of Environment - December 2, 1985 (Cont'd) However, I would suggest that you obtain a written commitment from the owner confirming that a Closed Loop or Dry to Dry System will be installed prior to any issuance of town permits" . STAFF COMMENTS: In consideration of the concerns raised by the Ministry of Environment and Town Building Department, the applicant provided supportive information with respect to the overall operation and additionally, a list of the solutions or solvents used in the cleaning process; - water repellant solution - 25 gallons, cleaning soap - 5 gallons, cleaning solvent (perchlorethylene) - 50 gallons, other solutions - 1 gallon. It was noted that, from their understanding and research, that these items are all virtually non-flammable. Furthermore, the fact that the cleaning system proposed, is of a closed nature, provides an added factor of safety against any odours being emitted. Staff would note that the Fire Chief does concur with their understanding as to the non-flammable nature of the items used. It is Staff' s opinion that, prior to the establishment of a dry cleaning operation, notwithstanding the definition of same within By-law 84-63, the opportunity for Committee to review such an application is warranted in consideration of the nature of the use and its compatibility with surrounding uses. . . .6 REPORT NO. : PD-22-86 Page 6 Accordingly and in consideration of the above-noted comments and concerns, Staff would have no objections to the approval of the application as * submitted and the by-law amendment attached hereto. Respa#C , T.T. P. Director of Planning LDT*TTE*jip *Attach. January 7, 1986 cc: Mr. Rick Gay c/o Ashley 333 Co. Ltd. P.O. Box 2065 OSHAWA, Ontario L1H 7V4 Mr. William M. Rudell c/o Wilsmap Limited 75 King Street E. BOWMANVILLE, Ontario L1C 1N4 Mr. R. Worboy Barrister & Solicitor P.O. Box 21 153 Simcoe Street North OSHAWA, Ontario U H 7K8 W(d ) THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle, enacts as follows: 1. Section 16.5, "Special Exceptions - General Commercial (C1-4)" zone is hereby amended by adding thereto, the following new "Special Exception 16.5.4" as follows: "16.5.4 GENERAL COMMERCIAL EXCEPTION (CI-4) ZONE Notwithstanding Section 16.1, those lands zoned "C14" on the schedules to this by-law may, in addition to the other uses permitted in the "Cl" zone, be used for a dry cleaning establishment which uses a Dry to Dry or Closed Loop System as defined by the Environmental Protection Act. The placement of buildings and structures shall be subject to the zone regulations set out in Section 16.3". 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing to "(CI-4)" the zone designation of the lands indicated as "Zone Change to (Cl-4)" as indicated on the attached Schedule "X" hereto. 3. Schedule "X" attached hereto shall form part of this by-law. 4. This By-law shall come into effect on the date of passing i hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK i This is Schedule «X" to By-law 86- I passed this day of , 1986 A.D. 60350 ti� 0 s .l ">io32 Y I 4 j LOT 12 ° , CONCESSION I 0 4579 "So X 640 24' 4�3 �L� °, !y ZONE CHANGE FROM " C 1 11 To " C1-411 PON 0 10 20 40m Mayor tom w a o C4erk LOT 12 LOT I I +. R1 i EP 1 \v, ., SUBJECT 9 E `a � � ' '° O SRI U) t v l " t z � O C IF BOWMANVILLE 0 50 &0 200 300m 50m a