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Home My WebLink AboutPD-193-88 DN: 193-88 TOWN OF NEWCASTLE REPORT File #(k �� r1 Res. # - - By-Law # (f c ` MEETING: General Purpose and Administration Committee DATE: Monday, October 3, 1988 REPORT #: PD-193-88 FILE #: DEV 88-10 SUBJECT: REZONING AND SITE PLAN APPLICATION APPLICANT: MILLER PAVING LIMITED PART LOT 24, B.F.C., FORMER TWP. OF DARLINGTON OUR FILE: DEV 88-10 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-193-88 be received; and 2. THAT the application submitted by Miller Paving Limited to rezone a 2.08 hectare parcel of land to permit a hot mix asphalt plant be DENIED; and I 3. THAT the applicant be so advised. 1. BACKGROUND: 1.1 On April 5, 1988, Committee considered Staff Report PD-78-88 in consideration of an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The By-law amendment, if approved, would change the present "General Industrial (M2)" zone to permit the installation and operation of a hot mix asphalt and ready mix concrete batch plant with open storage for aggregates. Staff would note that the subject lands would comply to the minimum frontage and lot area of the (M2) zone for lots serviced by a private well and a private sanitary waste disposal system. . . .2 REPORT 00. : PD-193-88 PAGE 2 _______________________________________________________________________________ 1.2 At the Committee Meeting a petition was presented by a delegation, in opposition to the proposal. The basic concerns that were raised by the delegation was a reduction in the quality of life presently enjoyed by area residents; specifically, the increase in trunk traffic, noise, dust and the noxious odour that may iucuce health risks, and in addition, the impact on existing and future supply of well water. 1.3 The Committee, by Resolution #G9A-212-88, endorsed Staff's recommendation referring the application back to Staff for a / subsequent report pending the applicant's submission of the detailed Engineering Report as requested by the Durham Regional Official plan and the submission of a detailed Site Plan. In addition, Committee requested that the applicant meet with the interested parties to discuss and review the impacts of their proposal. Subsequently, Staff of Miller Paving Limited met with the interested parties no May 25, 1988 as per resolutions, efforts were made to explain the nature of the proposal, however, the area residents were still in opposition to the proposal. 1.4 Staff would note for the Committee's information that the proposed � operation of a ready mix concrete batch plant was withdrawn from the proposal leaving the installation and operation of a hot mix asphalt plant. 3. COMMENTS: 2.1 The comments received in respect of the rezoning and revised site plan � � application are summarized below. 2.2 The Town of Newcastle Building Department, Fire Department, Regional 8emItb Department and Regional Wbzha Department offered no objection to the application as filed noting that the relevant permits moot be received. BDP0IT 00. : PD-193-88 PAGE 3 _______________________________________________________________________________ 3.3 The Town of 0enomotIe Public Works Department required a number of conditions be met with respect to a revised site plan prior to the department granting approval. 2.4 The comments of the Durham Regional Planning Department remained the same, noting that an Engineering Report must be submitted in accordance with Section 8.4.3.2 in order to establish conformity with the Durham Regional Official Plan. / 2.5 Ontario Hydro offered no objection to the proposal, however, noted that an Ontario Hydro Easement ocoaoea the rear of the subject property and that the conditions of the related easement agreement apply. 2.6 The Canadian Pacific Railway requested, as conditions of approval, that the applicant euaoce that there aboIl be no increase or change in the direction of natural drainage affecting Railway property without Railway consent. The Railway also requested that any utilities over or under Railway Property would require o standard agreement. In addition, a 1.83 metre high obaiuliuked fence, without openings, be erected at the developer's expense and to be maintained by the ( developer. 2.7 The Ministry of the Environment identified a number of existing residences within I000 ft. of the proposed location. The Ministry guidelines would require a buffer area/separation distance of 1000 feet or greater between residential ooem and uses proposed by Miller Paving Ltd. . The Ministry notes that the existing residential uses would be adversely impacted by this type of industrial use. Given this, Ministry Staff recommended that the application be deemed premature until such time as the residential ooea are no longer in the vicinity of the proposed area. . . .4 REPORT 00. : PD-I93-88 PAGE 4 _______________________________________________________________________________ 3. STAFF COMMENTS: 3.1 Staff have reviewed the proposal with respect to the policies of the Durham Regional official Plan as noted earlier. An Engineering Report was required to determine the suitability of the site to adequately ouDguct a private service. The Report indicated that the soil could adequately support m private waste disposal system and subsequently, o Certificate of Approval for a septic system was issued by the Health Department, July 20, 1988. In addition, the Report also indicated / that water was sufficient for domestic use. 3.2 Staff have also reviewed the proposed location of the asphalt plant with respect to the existing oozc000dlug land uses. In that respect, Staff have noted that there are a number of residents to the north, northeast and northwest of the subject lands. Staff cuuooc with the comments of the Ministry of the Environment that the proposed hot mix asphalt plant is not compatible with the surrounding residential use. 3.3 In addition to the above-noted comments, Staff would note that the subject lands are clearly visible from the Highway 0o. 401. Given the ' size, height, and nature of the proposed hot asphalt mix DIaot' Staff is of the opinion that this type of use would have n negative visual impact from the Highway and would not be the type of industry that � would attract pzestigeoua type industries to locate on abutting lands. 3.4 In consideration of the above-noted comments, Staff would respectfully recommend that the application for a Hot Mix Asphalt Plant be DENIED. REPORT 0O. : gD-I93-88 PAGE 5 _______________________________________________________________________________ Respectfully submitted, Recommended for presentation to the Committee JIT `- ------------------ FrmuhIiu Wu Lawzeu Kntoeff Director of Planning & Development Cbief ��m�uistcative Officer CRV*DW*jip *Attach. September 14, 1988 / CC: Miller Paving Limited 505 Miller Avenue U0Z0KR7ILLE' Ontario L3R 68I CC: Hamilton and Belletoutaioe Barristers 6 Solicitors P.O. Box 39' l Division Street BOWMUN7ILLE, Ontario LlC 3K8 SUBJECT SITE 28 27 26 25 24 -23 22 21 BLOOR STREET 1 — I ° o o o Z 1 O I Y i i w to w 1 0 . ° oz (f)U U z W �.- a 1 cr V D EP = 1 M2 A I P Z . O 1 1 V M2. i I BAS LINE ROAD M2 M2 • I •19 i A z ( 6 ' M2 HI 0 104)MI a GHWAY 401 (MM o A F-- ; Z A i o �H 2 ; O A I LL I Z EP - _ i W LAKE I 0 ONTARIO in i O m soo l000m KEY MAP 50<" 1 Dev . 88 - 10