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HomeMy WebLinkAboutPD-93-88 DN: 93-88 TOWN OF NEWCASTLE !' u`se' s' REPORT File # Res. - - By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, April 18, 1988 REPORT #: PD-93-88 FILE #: OPA 87-72/D/N SUB,JECT: OFFICIAL PLAN AMENDMENT - IWAN ZWARUN PART LOT 23, B.F.C., FORMER TOWNSHIP OF DARLINGTON OUR FILE: 87-72/D/N RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-93-88 be received; and 2. THAT the application to amend the Durham Regional Official Plan and the Town of Newcastle Official Plan, submitted by Mr. Iwan Zwarun, to redesignate lands in Part of Lot 23, Broken Front Concession, in the former Township of Darlington, to an "Industrial" designation, be tabled pending completion of Discussion Paper #1 - Industrial component by the Regional Planning Department; and 3. THAT the applicant be so advised. BACKGROUND: On October 28, 1987, the Region of Durham had notified the Town of Newcastle Planning Department of an application to amend the Durham Regional Official Plan and the Newcastle Official Plan. The subject application would amend the present Official Plan designation in Part of Lot 23, Broken Front Concession, in the former . . .2 REPORT NO. : PD-93-88 PAGE 2 _______________________________________________________________________________ Township of Darlington from "Major Open Space" to an appropriate designation to permit industrial uses. Staff would note that the predominant use of lands under said designation shall be for agricultural and farm-related uses. The subject laude are presently zoned as "Agricultural (A)» in the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. Staff would note that the lands would require a rezoning prior to any industrial use being proposed on the lands. Staff would note for the Committee's information that, pozaoaot to Council's / resolution of July 26, 1983 and the requirements of the Planning Act, the appropriate aiguage acknowledging the mBglionLiou was installed on the subject lands. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and outside agencies. In providing comments, the following departments/agencies offered no objections to the application as filed: - Region of Durham Economic Development Department - Region of Durham Health Unit - Town of Newcastle Community Services Department In summary the department/agencies offered the following: Town( ' of Newcastle Public Works tmeot "We have reviewed the above-noted application and find that the proposal to construct a rural industrial development to be undesirable. Should this development proceed as proposed we shall require the developer to comply with the following conditions: l. That the Owner bear the costs (l00%) reconstructing Rundle Road from Baseline Road to Highway 401 and provide u turning circle. These works would be constructed in a000cdouoe with the Town's Design Criteria and Standard Drawings and to the satisfaction of the Director of Public Works. 2. That any road widening deemed necessary by the Town for the ceoVuotcoctiou of Rundle Road and the turning circle would be granted free and clear of any encumbrances. REPORT NO. : PD-93-88 PAGE 3 ------------------------------------------------------------------------------- Town of Newcastle Public Works Department (Cont1d) 3. That the Owner bear the costs (1000) of reconstructing the railway crossing (i.e. signal protection, warning gates, planking etc.) to the satisfaction of Canadian Pacific Railway and the Town. 4. That the Owner enter into a Development Agreement with the Town to address the above concerns and items such as lot grading plans, performance guarantees, maintenance guarantees etc. 5. That the Owner meet the requirements of the Public Works Department financial or otherwise." Town of Newcastle Fire Department "This Department would note a concern with this project with regards to adequate water supply for fire fighting. Should this application be approved, it is recommended that no permits be issued until access routes be in place as required by Subsection 3.2.5.2(1) of the Ontario Building Code. As well, it is recommended that adequate water supply for firefighting be assured in accordance with Subsection 3.2.5.3 of the Building Code." CP Rail "Please be advised that CP Rail does not wish to object to the application on the following conditions: 1. There shall be no increase or change in the direction of natural drainage affecting Railway property without first obtaining written consent from the Railway. 2. Any proposed utilities under or over Railway property to serve the development must be approved prior to their installation and be covered by the Railway's standard agreement. I would appreciate being advised of your decision regarding this application in due course." Ministry of Transportation "Although this Ministry has no objection to the proposed amendment we will require that all access be via the local roads. 4 REPORT 00. : PD-93-88 P&Q8 4 ------------------------------------------------------------------------------- Ministry of Transportation This Ministry will require all buildings be setback a minimum distance of 14m (45ft) from our highway property line. Permits are required for all buildings, signs and illumination prior to any construction being undertaken. Permits may be obtained from our District office located at 5000 Yonge Street, 9«illowdale, Ontario M20 6E9 (324-7482) .« The Ministry of Agricultural and Food, in a letter doted December %, 1987, objected to the application, noting that the site contained Class 1-4 Agricultural land, in that regard the proposal was subject to Section 3.14 of the FoodIaud Guidelines. However, on February 3, I988x Staff received a subsequent letter' noting that the Ministry was in receipt of the Discussion Paper #I, Industrial Component, outlining the Region's Industrial needs. Although the Discussion Paper does not address the subject site, Ministry Staff is of the opioou that DacneI is abutting industrial lands to the west and would in effect, move the boundary between the `*Ma 'nz Open Space" and "Industrial" designation to the road allowance (R-uodle Road) , which is a definable boundary between the two uses. On that basis, the Ministry offered no objection. On March 31, 1988' the Central Lake Ontario Conservation Authority, expressed verbaIly an objection to the application, noting that the subject lands were � located within the Darlington Creek watershed. There is concern that the creek to the east of the subject lands will spill over onto the lands during a time of flooding. Conservation Staff noted that the applicant moot prove that the site is not subject to flooding through a Watershed Study. In that regard, Staff would note that a site inspection indicated evidence of water in the low lying areas. Staff would note that Regional water and sanitary sewer service have not been extended to the subject property and are not planned to be installed in the foreseeable future. As a result any proposed use would have to proceed on private services. Section 8.4.3.2 of the [mzbam Regional official Plan states that an Eogiuneziug Report must be submitted by a qualified engineer to the Region and local municipality to determine whether a proposed industrial use is of a "dry" nature, in that regard, the following must be addressed: REPORT 00. : PD-93-88 PAGE 5 _______________________________________________________________________________ - that there is an adequate supply of potable water - that adequate temporary fire protection measures can be provided; and - that the soil is suitable for the installation of a waste disposal system which meets the Ministry of Environment's standards Given this, Staff would note that the industrial use would be determined by the zoning category, however, in consideration of the Conservation Authority's oouoeruo regarding the probability of flooding, Staff is of the opinion that the question of potable water and soil capabilities should be addressed at this time. In reviewing the application, Staff noted that the lands to the immediate west are designated "Major ODeo Space" in the Regional official PInur being Part Lot 23, however, the lands to the far west are designated as "Industrial" by the official Plan. In addition, the lands immediately abutting the property to the west are zoned as "Light Industrial (Ml)" by By-law 84-63' as amended. Given this, and in consideration of the Ministry of Agriculture and Food's comments, it would appear that the inclusion of the subject property would be an extension of the "Industrial" designation to Rundle Road. Staff would note that the costs involved in the Engineering Study pursuant to . Section 8.4.3.2 of the Durham Regional official Plan, the Watershed Study requested by Central Lake Ontario Conservation Authority and the requirements of the Public Works Department are quite substantial. Given this, Staff would respectfully recommend that the Regional Planning Department complete the review of the Industrial Component to the Durham Regional official Plan, in order to indicate the feasibility of the subject lands being included in the Industrial designation. Respectfully submitted, Recommended for presentation to the Committee _ ---�----- _________________ L(. ƒ��(d3 �a�ceo 0otaeff Deputy Director of Planning Chief m n otcative Officer ( CP*LDT*jip *Attach. nmcil ll. 1988 SUBJECT SITE 28 27 26 25 24 23 22 21 20 19 18 17 BOOR STREET I I a I — EP O A I O - A°a i 0 a° I cr-I u I I � 0 w cr-1 0 Q I w 0 I W Ix Z J I p I 0 Q Z w Q I S n I o EP = ON M2 I cc I P I Q !-1 w O i I w w M2 BASELINE RD. 0 � I V -191 Z M2 U 06-61 i(H1M1 HIGHWAY 401 EP ON ; Al z I EP 0 A (H) 2 LL 1 A i Z EP I I LAKE ONT4R/0 I - EP O m 500 lOOOm KEY MAP wof" 00 � O.P.A. 87 - 72 /D/N