HomeMy WebLinkAboutPD-90-82 - _r�
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MAY 31 , 1982
REPORT NO. : PD-90-82
SUBJECT: PROPOSED REZONING - R.M. HOLLINGSHEAD PLANT
PART OF LOT 13, CONC. 2, FORMER TOWN OF
BOWMANVILLE, OUR FILE: Z-A-2-1-8
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 • That Report PD-90-82 be received; and
* 2. That the attached amendment to Restricted Area
By-law 1587, as amended, rezoning part of Lot
13, Conc. 2 (Bowmanville) from "R-General
Residential " to "SPECIAL CONDITION 22" to
recognize the existing industrial uses of the
property be approved.
BACKGROUND:
On February 22nd, 1982, the General Purpose and
Administration Committee considered and approved the
recommendations of staff Report PD-30-82 in respect of a
Town initiated rezoning and Official Plan Amendment for
lands presently occupied by the Bowmanville Foundry, the
former Hollingshead Plant and Sturrock Fuels.
v`
Report No: PD-90-82
.. ./2
Following therefrom staff advertised the proposed
modification to the Official Plan for the Bowmanville Urban
Area, and circulated a draft By-law amendment to the
property owners and various affected agencies. On May 17th,
1982, the General Purpose and Administration Committee
considered and approved the recommendations of staff Report
PD-79-82, which dealt with further modifications to the
Bowmanville Urban Area Plan, including the change from
Residential to Industrial of the subject lands.
As a result of our public notice and circulation of the
draft zoning by-law, the following input was received:
Region of Durham
(March 22nd, 1982)
"We note that the subject site is designated Residential in
the Durham Regional Plan. Section 8.1 .2.1 (b) of the Durham
Plan stipulates that industrial uses which are not obnoxious
in nature may be permitted in residential areas, subject to
the inclusion of appropriate designations and policies in
the respective District Plans or existing local Official
Plans.
In the Official Plan of the former Bowmanville Planning
Area, the subject site is designated Residential . The
proposed industrial uses do not conform. The proposal also
does not conform to the provisions of the Official Plan of
the Bowmanville Major Urban Area as adopted by the Council
of the Town of Newcastle on December 14th, 1981 , and
presently under review by this Department."
(April 26th, 1982)
"Further to our comments dated March 22nd, 1982 on the
above, we note that Section 16.6.5 of the Durham Plan
stipulates that:
"At their discretion, the councils of the area muncipalities
may zone to permit the continuation, expansion or
enlargement of existing uses provided that such existing
uses have no adverse effect on the present use of the
surrounding lands, or the implementation of the provisions
of this plan. Each case will be considered on its own
merits by the council of the respective area municipality or
the authority having jurisdiction."
;Ac,
Report No: PD-90-82 /3
If you have determined that the above provisions are
applicable to the subject proposal , and in the event that
your Council is favourably disposed to this application, it
is respectfully suggested that a reference to Section 16.6.5
of the Durham Plan be included in the amending By-law."
"May 7th, 1982"
Further to yesterday's meeting involving yourself and staff
of the Durham Planning and Works Department, I wish to
confirm that we have no objection to the proposed zoning
amendment provided that the permitted uses will not result
in an increase from the previous level of water consumption
and discharge into the sanitary sewer system when the former
industrial uses were in operation. However, we would object
to the amendment if the proposed development will intensify
deficiencies in the existing servicing systems.
We trust the above will help to expedite your disposition of
the zoning amendment application, and should you have any
further questions, please do not hesitate to contact us."
Central Lake Ontario Conservation Authority
"The above site is subject to Ontario Regulation 161/80.
Approximately the west 21 metres (70 feet) of Block 3 in
Schedule "B" is within the fill and construction limit of
the Regional Storm Floodline Mapping and partially within
the flood-plain of the Regional Storm. The Authority
requests that the west 21 metres of Block 3 be zoned "Open
Space" and then there would be no objection to the remainder
of the area being amended to SPECIAL CONDITION 22."
Newcastle Public Works Department
Have advised verbally that they have no objection to a
rezoning to recognize the existing uses. However, should
expansion be contemplated, a site plan agreement will be
required to address possible changes to access and site
grading and drainage.
Report No: PD-90-82 . . ./4
Town of Newcastle Fire Department
"The existing proposed use, industry dry light, would be
acceptable providing storage for use of hazardous materials
or explosives are not permitted. The building is protected
by a sprinkler system, booster fire pump and fire alarm
system. Water supply for fire protection is serviced by
municipal six inch and eight inch watermains, with supply
lines from two directions. I would recommend consideration
be given to installing a pumper port on fire hydrant No. 197
immediately to the south of the former Hollingshead factory.
The proposed rezoning area is located within an acceptable
distance in response time for emergency fire service from
Station 1 , Bowmanville."
Newcastle Building Department
"No comment"
Bowmanville Foundry Company Limited
"Our present facilities were rebuilt in 1960 on the site of
the old plant which had been destroyed by fire. At the time
of reconstruction, our property and that of R.M.
Hollingshead Company and A. Sturrock and Sons was zoned as
light industry. Some time in the past twenty years, this
area was rezoned to residential . We have been aware of this
change for several years. Now we are planning on adding a
small expansion of about 4,500 square feet to our present
33,000 square foot floor area. Without the rezoning back to
a light industry designation for our lands, it would be
necessary to go to the Committee of Adjustment every time
that a minor or major alteration was to be considered. This
type of arrangment would not be good for us or for any
possible new owner of R.M. Hollingshead Co. We feel
strongly that this rezoning should be finalized with the
minimum of delay, as it governs whether there is any future
in our expanding in Bowmanville this year, or at all ."
C.C.L. Industries Inc.
(March 25th, 1982)
"Your letter of March 11th addressed to our Mr. Terry Whyte
was forwarded to the writer for comment. We wish to advise
that we have no objection to the proposed rezoning of the
above-noted land. We note that on your Schedule "B" that
was attached to the proposed By-law, that Block 3 in the
sketch does not extend to Rheder Avenue. It was our
understanding that the property involved did border on the
southern portion of Rheder Avenue. Your comments on this
Report No: PD-90-82 „ _�5
point would be appreciated."
Staff note that by letter of April 1st, 1982, C.C.L. was
advised that it was not our intention to redesignate or
rezone that portion of the lot presently abutting Rheder
Avenue, inasmuch as comments have been received from
residents of the area opposed to such rezoning.
C.C.L. Industries Inc.
(March 30th, 1982)
"Further to my letter of March 25th concerning the above
application, I have enclosed a copy of survey of the parcel
of land in question, along with a copy of the legal
description. I would request that the proposed By-law be
amended and that Block 3 on the sketch reflect the true size
and location of the property."
Staff note that the aforementioned comment was received on
April 2nd, 1982, subsequent to our April 1st letter, and
that to date there has been no objection to our explanation
of the limits of the rezoning.
Letter of Objection - J. H. Walkey and J. W. Canrinus
"We, the undersigned residents of Rheder Avenue, do not
agree that the land designated residential be changed to
industrial . The land in question is between Rheder Avenue
and Sturrock North and South."
COMMENTS:
Staff note from the foregoing that two areas of concern have
been identified relative to this application. The first,
being the extent of the area to be rezoned, and the second,
the existing servicing constraints.
Report No: PD-90-82 . ../6
In the case of the former, we note that the Central Lake
Ontario Conservation Authority, area residents and C.C.L.
Industries Inc. have all expressed concerns relative to the
actual limits of the rezoning. In that regard, staff note
that the zone limits respect C.L.O.C.A. 's concerns, and have
advised C.C.L. Industries that it is not our intention to
rezone the entire site inasmuch as the land abutting Rheder
Avenue would more appropriately be developed for residential
purposes, thus respecting the concerns of area residents.
With regard to the latter, the existing servicing
constraints identified by the Region are relative to water
supply and sanitary sewer servicing. Due to supply and
pressure problems in the water distribution system north of
the Canadian Pacific Railway, no major new development may
be permitted in this area of Bowmanville. Similarly,
sections of the existing sanitary sewer system on Queen
Street and Scugog Street that service the subject lands are
operating under surcharge during high-flow periods, and
cannot accomodate any additional flow.
Bearing this in mind, staff note that the By-law effectively
limits the site to existing uses only, and restricts water
consumption and sanitary waste discharge to present levels
or lower.
We note however, that during our review, discussions were
held with representatives of the Bowmanville Foundry, who
indicated the possibility of a limited expansion which, in
their opinion, would not add to present servicing problems.
Report No: PD-90-82
The By-law, in its present form, would not preclude such
expansion, however it is essential to note that prior to
such expansion taking place, a site plan agreement will be
required and issuance of building permits must be made
conditional upon satisfying the Region of Durham servicing
requirements or providing satisfactory evidence that the
proposed expansion will not result in increased water
consumption or sanitary waste discharge. This, of course,
can be adequately addressed through the Town's present site
plan control By-law, which requires site plan approval prior
to expansion or redevelopment of any industrial use.
Based on the foregoing, staff would have no objection to the
approval of the subject By-law amendment.
Respectfully.-sum ed,
T. T. Edwards, M.C.I.P.
Director of Works
TTE*mjc
,May 20, 1982
Mr. George Proulx
CCL Industries Inc.
235 Yorkland Blvd.
Suite 500
WILLOWDALE, Ontario
M2J 4W9
Mr. T. F. Rehder
The Bowmanville Foundry Co. Limited
172 Wellington Street
Box 69
BOWMANVILLE, Ontario
L1C 3K8
Imperial Oil Ltd.
825 Don Mills Road
DON MILLS, Ontario
Objectors
Mr. J. H. Walkey
10 Rehder Avenue
BOWMANVILLE, Ontario
Mr. J. W. Canrinus
7 Rehder Avenue
BOWMANVILLE, Ontario
PD-90-82
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82- v,
being a By-law to amend Restricted Area By-law 1587, as amended, of
the former Town of Bowmanville, now in the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend Restricted Area By-law 1587, as amended, of the
former Town of Bowmanville to recognize the existing Industrial uses
of those parcels of land in part of Lot 13, Concession 2 pursuant to
Section 16.6.5 of the Durham Regional Official Plan.
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows:
1 . Map 1 , Schedule "A" to By-law 1587, as amended, is hereby
further amended by changing to SPECIAL CONDITION 22 the zone
designation of the lands indicated as "Zone Change to Special
Condition 22" on the attached Schedule "A" hereto and by adding to
the lands so indicated cross-hatching and the figure "22" encircled.
2. Schedule "B" to By-law 1587, as amended, is hereby further
amended by adding thereto the following:
SPECIAL CONDITION 22
Those parcels of land in part of Lot 13, Concession 2, shall
be subject to the provisions hereinafter contained and where
there is any conflict between the provisions hereinafter set
out and any other provisions of By-law 1587, then the
provisions of this Special Condition will apply, but in all
other respects the provisions of By-law 1587, as amended,
shall apply.
1 .1 Defined Area
The areas subject to this Special Condition are shown cross-
hatched with the figure "22" encircled on the attached
Schedule "A" to this By-law 82- iC and outlined and
identified as Blocks 1 , 2 and 3 on the attached Schedule "B"
to this By-law 82-
1 .2 Definitions
For the purpose of this Special Condition
a) "Building industrial " shall mean a building which is
used for industrial purposes such as manufacturing,
processing, storage and uses accessory thereto.
- 2 -
b) "Bulk Storage Tank" shall mean a tank for bulk storage
of petroleum and petroleum products, but shall not
include a storage tank which is accessory to another use
on the lot where such tank is located or used for
storage of hazardous or corrosive chemicals, gases or
similar substances.
c) "Foundry" an industrial building the primary use of
which is casting metals.
d) "Industry, dry light" shall mean an industry which is
not offensive or likely to be offensive by reason of the
amount of noise, smoke, odour or vibration produced
therein and may include an assembly, manufacturing or
processing plant which does not require water
consumption or water use as part of the industrial
process and may also include an equipment storage
building and a warehouse.
e) "Open storage area" shall mean land used for the outside
storage of goods, equipment or materials normally
accessory to a permitted use and shall not include; a
storage use located within a building; a salvage yard; a
parking area; a loading space; or a parking space.
1 .3 Permitted Uses
a) No person shall use any of the lands within Block 1 or
erect, alter or use any building or structure on such
lands for any purpose except one or more of the
following:
(i) An existing bulk fuel storage tank;
(ii ) Uses accessory to a permitted use.
b) No person shall use any of the lands within Block 2 or
erect, alter or use any building or structure on such
lands for any purpose except one or more of the
following:
(i ) Foundry;
(ii ) Accessory uses to a permitted use;
(iii) Open storage accessory to a permitted use.
c) No person shall use any of the lands within Block 3 or
erect, alter or use any building or structure on such
lands for any purpose except one or more of the
following:
(i ) Alight industrial use housed within an existing
industrial building;
(ii ) Uses accessory to a permitted use;
(iii ) Open storage accessory to a permitted use.
1 .4 Zone Provisions
a) Lot Area, Minimum
(i ) Block 1 - 0.15 hectares
(ii ) Block 2 - 0.5 hectares
(iii ) Block 3 - 1 .0 hectares
b) Lot Frontage, Minimum
(i) 15.0 metres
- 3 -
c) Front Yard, Minimum
(i ) 7.5 metres
d) Sideyard, Minimum
(i ) adjacent to a residential lot or zone 7.5 metres
ii) adjacent to an industrial lot or zone 5.0 metres
e) Rear Yard, Minimum
(i) 7.5 metres
f) Parking
(i ) 1 space per each 70 square metres
of gross floor area
g) Offstreet Loading
(i) in accordance with Section 7.17 of By-law 1587, as
amended.
3. This By-law shall come into effect on the date hereof,
subject to the provisions of Section 35(1 ) of the Planning Act.
BY-LAW read a first time this day of 1982
BY-LAW read a second time this day of a,U, 1982
BY-LAW read a third time and finally passed this day of
�,J4 1982.
G. B. RICKARD, MAYOR
D. W. OAKES, CLERK
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