HomeMy WebLinkAboutPD-152-88 DN: PD-1521
�ry TOWN OF NEWCASTLE
REPORT F I #
1 y
Res. # `a° = - .:.�-I'A
___-- _-- By-Law .
MEETING: General Purpose and Administration Committee
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DATE: July 18, 1988
REPORT #: ADDENDUM TO PD-152-88 FILE 45EV 88-20
SUBJECT: REZONING AND SITE PLAN APPLICATION - DUFFERIN CONCRETE
PART LOTS 9/10, B.F.C., FORMER TOWNSHIP OF DARLINGTON
OUR FILE: DEV 88-20
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Addendum to Report PD-152-88 be received for information.
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1. BACKGROUND
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1.1 At the General Purpose and Administration Committee meeting on July 5, 1988,
the above-noted report (PD-152-88) was tabled for a two (2) week period,
in order to give residents an adequate time frame to review the report.
1.2 Staff have met with the applicant since the General Purpose and
Administration Committee meeting and have discussed various aspects of the
Site Plan in order to finalize outstanding items prior to Committee/Council
decision on the applicantion.
1.3 As mentioned in Report PD-152-88, Section 1.3, Dufferin Concrete has agreed
and is prepared to carry out a number of improvements to their site and the
immediate surrounding, and these will be incorporated into the Site Plan
Agreement.
. . .2
REPORT NO. : ADDENDUM TO REPORT PD-152-88 PAGE 2
2. SITE PLAN DETAILS
2.1 Recent discussions with Dufferin Concrete representatives focused on the
screening of the site. Staff were of the opinion, as previously mentioned
in Report PD-152-88, that a "visual barrier" was required along West Beach
Road and Port Darlington Road (Simpson Avenue) . This visual barrier may be
in the form of a wood privacy fence, or berms and shrubs, or a combination
of the above.
2.2 As a result of discussions with Town Staff, the applicant is prepared to
undertake the following:
a) within 24 months of building permits being issued, the applicant agrees
to provide a visual barrier on Simpson Avenue of either landscaped berm
with shrubs or a six (6) foot (1.8 metres) high privacy fence, as well as
a five (5) foot (1.53 metres) high privacy fence for approximately the
first 100 metres (330 feet) west of Simpson Avenue on West Beach Drive.
b) within 36 months of building permits being issued, the applicant agrees
to continue the construction of the visual barrier, for an additional
approximately 100 metres (330 feet) of a five (5) foot (1.53 metres) high
privacy fence.
2.3 The intent of phasing construction of the visual barrier over a 24 and 36
month period, was proposed by the applicant in order to defer the capital
costs of the visual barrier over a maximum of three (3) years. Given the
fact the applicant has commited to other significant improvements in the
area of road repaving, intersection reconstruction, ditch improvements, etc.
Staff feel that their request for phasing of the visual barrier over three
(3) years is not unreasonable. Council should be aware that there will be
no visual barrier for the balance of frontage at the western limit of the
property.
2.4 In addition, the applicant is requesting the Town to indicate within the
Site Plan Agreement that West Beach Road will continue to be designated as a
"Full Load Access Road". Staff have no difficulty with this request,
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particularily in light of the repaving to be carried out on West Beach
Road.
. . .3
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ADDENDUM TO REPORT PD-152-88 PAGE 3
3.0 CONCLUSION
3.1 This Report is attached for Committee/Council's information in addition to
PD-152-88, as previously presented.
Respectfully submitted, Recommended for presentation
to the Committee
f
Franklin Wu T rence F. otseff
Director of Planning and Development Chief Ad n's rative Officer
CP*FW*bb
*Attach.
July 11, 1988
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PURPOSE AND EFFECT
BY-LAW 88-
The Purpose and Effect of By-law 88- is to amend Zoning
By-law 84-63, as amended of the Town of Newcastle by changing
the zone designation of the lands identified by Schedule "X"
hereto from "Environmental Protection (EP)" and "General
Industrial (M2)" to "Environmental Protection Exception (EP-6)"
and " (Holding) Extractive Industrial Exception ( (H)M3-3)"
respectively.
The subject By-law would permit the re-development of a Ready-Mix
Cement Manufacturing Plant.
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DN: . 152-88 j(0
TOWN OF NEWCASTLE
REPORT
File
Res. # S - IR2
By-Law #
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MEETING: General Purpose and Administration Committee
DATE: Monday, July 4, 1988
REPORT #: PD-152-88 FILE #: DEV 88-20
SUBJECT: REZONING AND SITE PLAN APPLICATION - DUFFERIN CONCRETE
PART LOTS 9/10, B.F.C., FORMER TOWNSHIP OF DARLINGTON
OUR FILE: DEV 88-20
RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-152-88 be received; and
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2. THAT rezoning application DEV 88-20 submitted by Dufferin Concrete be
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approved and the necessary By-law Amendment be forwarded to Council and
that the removal of the "Holding - (H)" symbol be deferred pending
execution of a Site Plan Agreement; and
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3. THAT a copy of Council's decision be forwarded to the applicant and the
interested parties indicated hereto; and
4. THAT a copy of Report PD-152-88 be forwarded to the Region of Durham.
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1. BACKGROUND:
1.1 At its meeting of May 2, 1988, the General Purpose and Administration
Committee referred rezoning application DEV 88-20 (Dufferin Concrete) back to
Staff and directed the Chief Administrative Officer to meet with the
applicant.
. . .2
REPORT NO. : PD-152-88 PAGE 2
-------------------------------------------------------------------------------
1.2 The Chief Administrative Officer and the Director of Planning and
Development subsequently met with representatives from Dufferin
Concrete in an attempt to resolve the concerns raised by residents at
the General Purpose and Administration Committee meeting.
1.3 For the information of Council, Dufferin Concrete has agreed and is
prepared to carry-out the following works:
a) they will repave West Beach Road with two (2) inches of asphalt
from Simpson Avenue, west to their second driveway, a distance of
approximately 230 metres.
b) they will bear the costs of relocating the hydro poles and anchors
near the Simpson Avenue/West Beach Road intersection.
c) they will pave their three (3) driveways as illustrated on the
Site Plan. They will supply and install three (3) 100 watt H.P.S.
with 8 foot arms to the Town's specifications on existing poles.
d) they will "donate" the land necessary near the Simpson Avenue/West
Beach Road intersection to allow for the intersection improvements
and hydro relocation work. This "donation" may be in the form of
an easement depending on the legal intricacies that are involved.
Further, they will carry out the intersection improvements as
discussed.
e) they will improve the ditches adjacent to their site on the west
side of Simpson Avenue and on the north side of West Beach Road (a
total of about 320 metres long) .
f) they will custom build and design the concrete plans and enclose
the main structure with steel clad panels.
2. SUMMARY OF MEETINGS WITH DUFFERIN CONCRETE:
The issues arising from the rezoning and site plan application were
discussed with representatives from Dufferin Concrete and Staff would
provide the following comments:
3
DEPORT 00. : PD-153-88 PAGE 3
_______________________________________________________________________________
2"I Relocation f Industry
%.l.l Staff reviewed this option in conjunction with representatives from
Dufferiu Concrete and voiob to advise that the costs of relocation are
prohibitive. Duffecin Concrete has made substantial investments over
the years on this property, and felt that it would not be economically
viable to abandon their investment and move elsewhere. In addition,
the costs of acquiring industrial real estate is also a costly
proposition. It is estimated that a relocation would cost upwards of
$350'000.00. The applicants are not prepared to relocate and Staff is
out in a position to recommend to Council to cost share any relocation.
3.1.2 Given the above scenario, Staff believe that efforts should be
concentrated on improving the existing situation. Council should be
aware that it has no statutory power to force the relocation of the
concrete plant, and the existing plant benefits from the status of
'legal non-conforming use' .
2.2 Site Plan Attributes:
Aoumber of c000ezuo were raised by residents at the Public Meeting
/
identifying ioaoea related directly or indirectly to the site.
2.2.1 Many of these couomcua were dealt with directly during meetings with
representatives from Dmffeciu Concrete as noted in Paragraph 1.3 above
(road and intersection reconstruction and the appearance of the
concrete plant) .
2.2.2 With respect to environmental oouoecua voiced, because of the truck
wash out process, Dmffecin Concrete is proposing to install a three (3)
stage woob out settling tank system. This system recycles chemically
treats and re-uses the water several times prior to disposing of it.
The water is further treated with acid to achieve u proper P8 factor
prior to releasing it from the holding tank.
. `
4,(P)
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REPORT NO. : PD-I52-88 PAGE 4
_______________________________________________________________________________
2.3.3 Dust problems will be better controlled with the new paved surfaces
proposed. In addition, Doffeziu Concrete spreads calcium chloride
throughout the yard to maintain the dust from rising.
2.2.4 Staff will be requesting the applicant, through the subsequent Site
Plan Agreement, to provide for proper screening of the site utilizing
berm, driveway *mod fence, and evergreen combination, plus utilizing
metal cladding to enclose the main structure of the plant, to ensure an
improved overall appearance. (& sample design of the proposed
structure is attached (Attachment No, l) for your information) .
3. COMMENTING AGENCIES:
3.1 Since May 2, 1988 in which Staff presented Report PD-99-88 for
Council's consideration, outstanding and revised comments have been
received with regards to the subject application from all except the
Ministry of the Environment.
3.2 The Central Lake Ontario Conservation Authority advised that the
property is ultimately intended to form part of the Authority's
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8ovmaoviIle Harbour Conservation Area. Notwithstanding, the Authority
Staff have approved an application for construction at the site,
subject to certain conditions.
3.3 CN Bail Staff have responded to the revised site plan, stating they
have no objection, in principle, subject to: no alterations of
drainage patterns affecting the Railway property and the iotecgcity of
the existing right-of-way fence being maintained.
3.4 The Regional 8emItb Services Department also responded to the revised
site plan noting no objection to the rezoning.
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REPORT NO. : 9D-I53-88 PAGE 5
_______________________________________________________________________________
3.5 The Town of Newcastle Public Works Department Staff are now generally
satisfied with the nmcko the applicant is proposing to undertake, as
stated in Paragraph 1.3 of this Report, and have no objection to the
rezoning/site plan application. Works Staff have noted a few minor
items will need to be finalized prior to Site Plan approval (i.e
sodding as opposed to seeding) .
3.6 Verbal conversations with the Ministry of the Environment Staff has
provided the following insight into approvals for new facilities as
proposed. The applicant is required to ma k e application to the
Ministry for approval of the new facilities. Providing approval is
granted, these would be inspected for compliancy, once installed. For
example, the three (3) stage settling tank, wash and filter system will
be checked randomly by Ministry Staff for proper usage. Creek water
would also be monitored during random inspection for proper P8 balance.
3.7 The remainder of the agencies comments remained unchanged from the
previous report (PD-99-88) and generally proposed no objection to the
rezoning and site plan.
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4" BEC OMMO0DATION:
Staff have attempted to review all major issues previously identified,
and are satisfied that the rezoning application can be approved with a
"Holding" provision. The removal of the "Holding" provision will be
undertaken as aouo as the applicant has entered into a Site Plan Agreement
with the Town and provided sufficient financial guarantee to warrant the
improvement works stated in this Report.
REPORT WO. : PD-152-88 PAGE 6
_______________________________________________________________________________
Respectfully submitted, Recommended for presentation
to the Committee
---------------
Franklin Wu Lawrence taeff
Director of Planning 6 Development Chief &dmlu tzative officer
` U
CP*IW* 'ip �
*Attach.
June 27, 1988
CC: A.D. 0ordatcum' P. Eng. 0C: D.S. Jones
Doffecio Concrete Products 780 Simcoe Street N.
1185 Martin Grove Road 0SB&WA, Ontario LlG 4V8
BEXDAL8v Ontario M9W 4W7
y0c. John 8Dxborougb
James 6 Doreen Gray 133 West Beach, Box 135 �
113 West Beach Road B(WMANVILLE' Out. LIC 3K9
BOWMAKVZLLE' Ontario LlC 3D3
C. Follett
Mc. Robert Carr Box 273
1I6 Cove Rood BOWM&0VILLE, Out. LlC 3L1
R.R. #8
BC00M&0VILLE, Ontario LlC 3K3 Mrs. Vivian Pickard
D.B. #2, 127 West Beach
Mo. Glenda Gies B{00MAVVZLLE, Out. LIC 3K3
Box 36' R.R. #2
80WM&5R/ILLB' Ontario LIC 3K3 Mrs. B.V. TaiIlefer
�
123 Cove Road
Albert 6 Rosa Nash Box 42, R.R. #2
1054 Lillian Street 8{WMJUN7ILLE, Ont. LIC 3K3
VTILL[DW}&L8, Ontario M2M 3Q4
Mc. John H. Fox, P.Bug.
Mr. Robert Nash Box 349
1058 Lillian Street 80WDQ&0VILL8" Ont. LIC 3L1
WILL0W}ALE, Ontario M3M 3Q4
W.T. Bailey Bird
Catherine & C. Grey Bacriok l Clarendon Ave. Apt. 202
63 Lyndhurst Avenue TORONTO, Ontario
TORONTO, Ontario M5D 3D7 M4V lB8
James 6 Bonnie Bishop Mrs. Betty 8ocoou
I07 Cove Road, R.R. #2 1357 Avoubridge Dr.
B[&VMAKPJZLL8' Ontario LlC 3K3 MZSSISS&UG&, Ont. L6G 3G6
ATTACHMENT NO. 1 TO
REPORT PD-152-88
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PROPOSED READY-MIX OPERATION TO BE
SIMILAR IN DESIGN TO ABOVE CONCEPTS
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DN: DUFFER
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 88-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law 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. Schedule 114" to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from "General Industrial (M2)" and
Environmental Protection (EP)", to "Holding-Extractive Industrial Exception
((H)M3-3)" and "Environmental Protection Exception (EP-6)" Zone as shown on the
attached Schedule "X" hereto.
2. Notwithstanding Section 25.1, those lands zoned "(H)M3-3" on the
Schedules to this By-law may only be used for a ready-mix cement manufacturing
plan in accordance with the zone provisions of Section 24.2 hereof.
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3. Notwithstanding Section 3.19(a) and 5.1, those lands zoned 11EP-6" on the
Schedules to this By-law may only be used for a two (2) bay garage. The
placement of buildings and structures shall be subject to the zone regulations
set out in Section 24.2 and the following special zone regulations:
a. Minimum elevation of any door, window
or other structural opening 79.4 metres C.G.D.
4. Schedule "X" attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1988
BY-LAW read a second time this day of 1988
BY-LAW read a third time and finally passed this day of
1988.
MAYOR
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CLERK
This is Schedule X to By-law -8 8- ,
passed this —. day of , 1988 A.D.
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