HomeMy WebLinkAboutPD-62-86 TOWN OF NEWCASTLE �Cc�
REPORT File # (� , r
Res. ,Lip 0 7
By-Law #
SING: General Purpose and Administration Committee
DATE: Monday, March 17, 1986
REPORT #: PD-62-86 FILE #: DEV 85-44
SUBJECT: REZONING APPLICATION - SON RISE CHRISTIAN MINISTERIES
PART LOT 13, CONCESSION 2, BOWMANVILLE
OUR FILE: DEV 85-44
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-62-86 be received; and
2. THAT the application submitted by Rev. B. Reilly, agent on behalf of Son Rise
Christian Ministeries to rezone a parcel of land, being Part of Lot 13, Concession
2 , Bowmanville, to permit the development of an Assembly Hall as defined within
* By-law 84-63, be approved and the attached By-law forwarded to Council at such time
as the Owner of the lands has executed a Development Agreement with the Town to
address compliance with the Ontario Building Code in accordance with the proposed
a:,,NN
change of occupancy of said structure and he�c6mments of the Region of Durham in
respect of sewer easements.
BACKGROUND AND COMMENT:
On December 9, 1985, the Planning Department received an application submitted by Rev. B.
Reilly, agent on behalf of Son Rise Christian Ministeries to rezone a parcel of land
located in Part of Lot 13, Concession 2, former Town of Bowmanville. The submission of
the rezoning application was to permit the development of an Assembly Hall as defined
within By-law 84-63. Staff would note for the Committee's information that the definition
of an Assembly Hall, within By-law 84-63, reads as follows:
. . .2
REPORT NO. : PD-62-86 Page 2
. . . .shall mean a building or part of a building, in which
facilities are provided for such purposes as meetings for civic,
educational, political, religious or social purposes and may
include a banquet hall, private club or fraternal organization.. ."
Within the Region of Durham Official Plan the subject property is located
within the "Residential" designation. Certain recreational and community
uses may be permitted in residential areas subject to the inclusion of
appropriate requirements in the Zoning By-law. In addition, Section 6.2.6
of the Durham Regional Plan states that " . . .notwithstanding any other
provisions in this Plan, to the contrary, Council of the respective area
municipality may recognize in the restricted area zoning by-law, cultural
i
facilities, such as cultural centres, libraries, museums and places of
worship in any area, having first been satisfied that the proposed facility
i
is complatible with its surroundings" .
Staff would note for the Committee's information that pursuant to Council's
resolution of July 26, 1982 and the requirements of the Planning Act , the
appropriate signage acknowledging the application was installed on the
subject lands. Staff would furthermore 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 a pp lication was circulated to �
obtain comments from other departments and agencies as noted within Staff
Report PD-11-86. The following would summarize the comments as received.
Town of Newcastle Buildin g Department
artment j
- See Staff Comments -
Town of Newcastle Works Department
"We have reviewed the above-noted rezoning application and find that we have
no objection to this proposal as submitted."
I
. . .3
REPORT NO. : PD-62-86 Page 3
Town of Newcastle Fire Department
"The Fire Department has no objection to the above-headed application. If
this rezoning is to be granted it will fall under the Retrofit Part 9 of the
Ontario Fire Code, which covers all assembly occupancies. The building in
question at 182 Wellington Street, Bowmanville, will have to conform to all
the regulations in this Part. With this type of occupancy there is no
overnight accommodation to be allowed. If in future a youth hostel is to be
considered, additional Fire Code Regulations will apply to this occupancy.
The only concern that this Department woul have, is to the adjacent industry
within the building, which manufactures a product containing P.V.C. (poly
vinyl chloride) . If this product becomes involved in fire, precautions are
required because of the toxic by-products formed" .
Town of Newcastle Community Services j
"In reference to the above application, our department has no objection to
the proposed amendment to Zoning By-law 84-63" .
i
Central Lake Ontario Conservation Authority
"Authority staff have reviewed the above application and offer the following
comments for your consideration.
I
The entire site is subject to Ontario Regulation 161/80 . That portion below
an elevation of 334.4 C.G.D. is within the Regional Storm floodplain of
Bowmanville Creek. Authority approval is required prior to commencement of
any filling or grading activities on the property and prior to construction
in the floodprone portion. The property directly adjacent to the creek
consists of a very steep, tree covered, coincident valley wall rising 45
feet to the tableland. The slope is heavily vegetated and presently appears
stable. However, erosion hazards can develop as a consequence of
disturbance to the vegetative cover or in a flooding event .
The tableland has previously been developed for industrial purposes and
offers areas that should be of sufficient size to accommodate the
applicant's proposal.
The Authority has no objection to the proposed rezoning providing that it
only includes the tableland and that the area from the top of bank (365'
elevation C.G.D.) to the western property boundary be designated in an
Environmental Protection zoning" .
I
. . .4
I
REPORT NO. : PD-62-86 Page 4
Ministry of Natural Resources
"Ministry staff have reviewed this rezoning application. We have no
objections to this proposal, however, we do have the following comments:
An "Environmental Protection" zone encompassing Mill Pond and Bowmanville
Creek is located west of the property under application. This watercourse
system is important in providing coldwater habitat for trout and is
sensitive to water quality degradation.
Therefore, we recommend that the proposed recreational/cultural centre be
located above the top of bank. We request this in order that the vegetation
which now stablilizes the slope from erosive factors be maintained and,
thereby, continue to protect this watercourse system from sedimentation".
Region of Durham Planning Department
i) "Further to your request for comments, we note that the subject property
is designated "Residential" in the Durham Regional Official Plan. Certain
recreational and community uses may be permitted in Residential Areas
subject to the inclusion of appropriate requirements in the zoning by-law.
In addition, Section 6.2.6 of the Durham Regional Official Plan states that:
"Notwithstanding any other provisions in this Plan to the contrary,
Council of the respective area municipality may recognize in the
restricted area zoning by-law, . . . .cultural facilities such as cultural
centres, libraries, museums and places of worship in any area, having
first been satisfied that the proposed facility is compatible with its
surroundings. In determining land use compatibility, the Council of the
respective area municipality shall have due regard fror the provisions of
this plan as they apply to the land use designation for the area in which
the facility is to be located. In particular, facilities which would
unduly restrict or conflict with the predominant permitted land use shall
not be encouraged."
Accordingly, the proposed recreational/cultural centre may be permitted in
accordance with the above requirements of Section 6.2.6 .
In the Official Plan for the Bowmanville Urban Area, the subject property is
designated "Industrial" . However, it would appear that the provisions of
Section 6.2.6 of the Durham Regional Official Plan shall prevail.
We will provide you with further comments on Regional services when our
investigation is completed" .
. . .5
REPORT NO. : PD-62-86 Page 5
Region of Durham Planning Department (Cont'd)
ii) "Further to our letter dated January 23, 1986, we wish to add the
following comments on Regional services:
Municipal water supply and sanitary sewer services are available to the
subject property and the proposed assembly hall would not result in a
significant increase of sewage flow.
We note that the Region will require sanitary sewer easements for abutting
proposed residential development which is the subject of consent
applications LD 50/86 and LD 51/86" .
STAFF COMMENTS:
Staff would note for the Committee's information that within the context of
an "assembly hall", the applicant , within the application form, indicated
i
that the request was to permit a recreational/cultural centre featuring
public gatherings (concerts, informational meetings , recreation - games,
I
music, related "coffee house" setting) supervised youth programs in the
areas of sports, music, drama, dance, etc. , skill building programs,
employment training and counselling. Furthermore, the proposal was to
occupy a portion of the existing industrial building on the subject lands .
* As can be noted on the attached floor plan, the majority of the floor area
i
is presently used for industrial - warehouse storage facilities .
As noted within the comments of the Fire Department, concern was raised with
respect to the adjacent industry (ALVAC Limited) within the building, which
manufactures a product containing PVC (poly vinyl chloride) . It was noted
that if this product becomes involved in fire, precautions are required
because of the toxic by products formed. The Building Department advises
that, in consideration of the nature of this industrial use, ALVAC Limited
would be classified as a "Fl Occupancy" within the terms and regulations of
the Ontario Building Code. The proposed change in occupancy of the adjacent
portions of the building, to permit an "Assembly Hall", would require
confirmation that a fire wall (of non-combustible material) with a four (4)
. . .6
REPORT NO. : PD-62-86 Page 6
hour fire separation rating, physically separates the two uses .
Accordingly, Staff would recommend that the Town secure such confirmation as
to the compliance with the terms and regulations of the Ontario Building
Code pursuant to a change in occupancy and other comments received through
execution of a Development Agreement. It is noted that Staff's request for
further clarification is not intended to adversely prohibit/restrict the
Assembly Hall, but rather to ensure that the necessary precautions are taken
to comply with applicable provincial statutes and regulations .
rRespectfull ubmitted,
6
T.T. Edwards, M.C.I.P.
Director of Planning
LDT*TTE*jip
*Attach.
March 3, 1986
cc: Son Rise Christian Ministeries
P.O. Box 485
BOWMANVILLE, Ontario
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OCCUPANCY :
AREA'S=== West Building - Floor I - ALVAC INDUSTRIES
- Floor 2 and 3- STORAGE
AREA°i = East Building - Floor i SONRISE CHRISTIAN MINISTRIES
- Floor 2 and 3- STORAGE
AREA ==3=== Warehouse - INDUSTRIAL and STORAGE
AREA == 2=== Warehouse — STORAGE
Scale = i"a 50
CONCESSION RD. O"AT 50 P.6
NOT OPEN)
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 By-law 84-63 is hereby amended as
follows:
1. Section 24.4.8 is hereby amended by adding the words "and an
Assembly Hall" following the words "a dry light industrial use" in
the third line.
2. Section 24.4.8 (f) is amended by adding the following "- dry
light industrial use" ater the word "Parking" in the first line.
3. Schedule "3" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "General Industrial
Exception (M2-8)" to "Environmental Protection (EP)" as shown on the
attached Schedule "X" hereto.
4. 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 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
This is Schdule "X" to By-law 86—
Passed this day of , 1986 A.D.
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