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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO 1_013 1 JO TEL. (416)263-2231
REPORT TO THE COUNCIL MEETING OF JUNE 7, 1982
REPORT NO. : PD-96-82
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:
1 . That Report PD-96-82 be received; and
2. That Report PD-90-82 be received for
information; and
* 3. That the attached amendment to Restricted Area
By-law 1587, as amended, rezoning part of lot
13, Concession 2, (Bowmanville), from
"R-General Residential" to "Special Condition
22" to permit the use of the subject lands for
industrial purposes be approved.
BACKGROUND:
At the General Purpose and Administration Committee Meeting
of May 31st, 1982, there was considerable discussion held
relative to the draft By-law amendment attached to staff
Report PD-90-82.
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Report No. : PD-96-82 . . ./2
In particular, concerns were identified relative to Section
1 .3 Permitted Uses Subsection c) (i ), which would restrict
the use of Block 3 (Hollingshead site) to "dry light
industrial uses housed within an existing industrial
building".
Following on the Committee's discussion of this* particular
section of the By-law, staff have discussed the implications
of deleting the words "housed within an existing industrial
building" with staff of the Durham Regional Planning
Department. They advised that provided the definition of
"Industry dry light" remains unchanged, and provided the
following additional clause were added:
"h) any expansion which will result in additional sewage
flow will require the approval of the Regional
Municipality of Durham Works Department prior to the
issuance of a Building Permit"
they would have no difficulty with the proposed deletion,
although preferably it should be retained to reinforce the
intent of the By-law.
Staff have reviewed this requested addition, and discussed
same with the Town Solicitor, who concurs with our opinion
that the addition of such a clause within a Restricted Area
(Zoning) By-law is not appropriate and is legally
questionable, inasmuch as it confers upon a department of
the Regional Municipality a discretionary approval power,
something which the Town does not have the legislative
authority to do.
Report No. : PD-96-82 . . ./3
In addition to our discussions with the Regional Planning
Department, staff discussed the implications of removing the
word "existing" with the Durham Regional Works Department,
who concurred with Town staff that the deletion of the word
"existing" would be acceptable, provided existing sewage
flows and water consumption could somehow be quantified in
the Zoning By-law. We note, however, that although peak
water consumption can be easily quantified through metering
records, there is no available information relative to the
levels of sewage flow leaving the lands in question and in
order to quantify this, we would require data in respect of
the amount of water utilized in the industrial process, the
amount of water that left the site as part of a manufactured
product, the amount of water discharged into the sanitary
sewers as a result of the manufacturing process, the amount
of water leaving the site by way of storm drainage, and the
amount of waste water leaving the site by way of plumbing
connections such as showers, washrooms and other such
facilities. This would require a great deal of assistance
from the property owners, assuming of course that they have
in the past maintained such records, otherwise it would be
difficult, if not impossible, to establish at this point in
time.
Given the dialogue that has taken place between Town staff
and the staff of the Region of Durham, we feel that there
are two options available at this point in time.
1 . To approve the attached amendment to By-law 1587, which
limits the site to existing buildings, existing uses and dry
light industrial uses; or
Report No. : PD-96-82 .. ./4
2. To refer the matter back to staff for further discussion
with the Region of Durham, C.C.L and the Bowmanville Foundry
in an attempt to somehow establish limits to everyone's
satisfaction upon the amount of water consumption and
sanitary sewage waste disposal to be permitted by the
By-law.
* The attached revised amendment to By-law 1587 is submitted
for Committee's consideration and approval in lieu of the
draft By-law attached to staff Report PD-90-82, inasmuch as
it contains a minor correction to Section 1 .3, subsection
c)(i ).
Respectul.l submitted,
1.T. T. Edwards, M.C.I .P.
Director of Planning
TTE*mjc
June 4, 1982
June 3, 1982 LPUNNING Mr. T. Edwards
DURHAM Planning Director N 4 1982
Town of Newcastle
Hampton Municipal Office 0, r,The Regional Hampton, Ontario f)t ?`;"'t,
Municipality
of Durham Dear Mr. Edwards:
Planning
Department Re: Rezoning Application Z-A-2-1-8
Box 623 C.C.L. Industries
105 Consumers Dr. Pt. of Lot 13, Conc. II , Bowmanvi 1 le
Whitby, Ontario
Canada,UN 6A3 Town of Newcastle
(416)668-7731
This letter is further to my correspondence dated May 7, 1982. I
DR. M. R MICHAEL. M.c.I.P. understand that you are in the process of drafting a revision to
Corrrnssioner of Planning the By-law.
As I mentioned in my letter, our only concern is that the
permitted uses will not result in an increase from the previous
level of water consumption and discharge into the sewer system,
from when the former uses were in operation.
The revision to the By-law has been discussed with Works
Department staff and it was agreed that in order to insure the
Region's servicing concerns are met, it is recommended that the
following clause be inserted in the By-law under the heading "Zone
Provisions":
h) Any expansion which will result in additional sewage flow will
require the approval of the Regional Municipality of Durham
- Works Department prior to the issuance of a building permit.
With respect to the alternative wording of this section you
suggested in conversation with Mr. Gerry Cameron, I am concerned
that any attempt to deal with this matter in more specific terms
could make it very difficult for industrial development to exist
in this area. Since we are committed to allow the industrial area
to continue as before, I would appreciate that clause h) be
added.
If you have any questions, please do not hesitate to contact this
office.
Yours very truly,
Dr. M. Michael , M-C.I. .
Commissioner of Planning
=JJ
cc: G. Crawford, Regional Works
V. Silgailis, "
Aft AIM'
Further to your memorandum of March 16, 1982, we are providing
the following comments with regard to the availability of
Regional services to the lands affected by this Rezoning
Application.
1 .0 Water Supply
Water supply is presently provided to the lands subject to
--�— ' this application by the existing watermains on SCU909 Street,
Sturrock Avenue and on easement as shown on Attachment No. 1 .
� � Due to supply and
t pressure problems in the water distribution
z = system north of the Canadian Pacific Railway, no major new
L '5 i development has been permitted in this area of Bowmanv lle.
4 o Z i Some improvement to the system may be realized as a result of
the construction of a 400 to 500 mm diameter watermain on Scugog
W 1c � Street from King Street northerly to the C.P.R.
w o z This work will be done in conjunction with the
ion
w = J of Scugog Street by the Town of Newcastle. Scheduling of r. ¢ CD construction of these works has not been completed to date.
Ultimately, the Region will convert the section of Bowmanville,
north of the C.P.R. , to a Zone II p r
. � major feeder mains and a Zone II essure district by constructing
west of Scugog Street. Pumping station on Concession Street,
Funding for these works has not been provided in the Regional
Capital Budget and Four Year Forecast at this time.
2.0 Sanitary Sewer Servicing/Existing Deficiencies
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 can not accommodate
any additional flow.
.. .2
G. D. C(imoron April 26, 1982
The alignment of the future Rehder Avenue Diversion Sewer which when
constructed will divert the majority of the flow now tributary
to the deficient sewers on Scugog Street and Queen Street to the
existing trunk sanitary sewer on Spry Avenue, is shown on
Attachment No. 2. It is proposed to construct the Diversion
Sewer in four phases.
Phase I was completed in 1978.
Phase II will be installed in conjunction with the reconstruction
of Scugog Street by the Town of Newcastle.
Phases III and IV will complete the Diversion Sewer and will
provide sanitary sewer capacity for future development. At the
present time, no provision has been made in the Capital Budget
and Four Year Forecast for the construction of either Phase III
of Phase IV.
Due to the above noted deficiencies, we cannot provide favourable
comment on any development proposal or rezoning application which
will result in increased flow to the existing sanitary sewer
system.
3.0 Proposed Rezoning Application
For the purpose of this application, the subject lands have been
divided into three blocks as shown on Attachment No. 4.
Block 1
The purpose of the rezoning application, as it relates to a 0.15
hectare parcel of land north of Sturrock Avenue and east of the
railway spur line, is to recognize the existing use for bulk
.storage of petroleum and petroleum products.
Due to the existing constraints in the water supply and sanitary
sewer system, we would not object to the passing of the by-law
subject to a condition that expansion of the operation on Block 1
would be restricted until the deficiencies have been eliminated.
Block 2
The purpose of the rezoning application, as it relates to a 0. 50
hectare parcel of land south of Sturrock Avenue and east of the
railway spur line, is to recognize the existing use as a foundry.
We have no objection to the approval of the by-law as it relates
to the existing operating foundry. However, if the owners are
contemplating an expansion to the Bowmanville Foundry, as indicated
by Newcastle Planning Staff, we would require that a condition be
imposed whereby any renovations or expansion to the foundry that
would add additional loading on the water supply and sanitary sewer
systems would not be permitted until capacity constraints in the
systems are eliminated.
. . .3
G. D. Cameron - 3 - April 26, 1982
Block 3
The purpose of the rezoning application, as it relates to a
1 .0 hectare parcel of land on the west side of the railway
spur line, is to permit light industrial use within the
existing industrial building. Light industrial use is defined
in the by-law as follows :
"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 a.lso
include an equipment. storage building and a warehouse.
Since the purchase of this site from R. M. Hollingshead in
December, 1981 , the existing building has been used primarily
as a storage facility.
Although we are in favour of the "Dry Industrial" designation
for Block 3, we insist that approval be subject to the following
conditions until such time as the capacity constraints are
eliminated in the water supply and sanitary sewer systems :
1 ) Prohibit any expansion to the existing building.
2) Prohibit any modification to the existing plumbing in
the building which would result in an increased loading
on the sanitary sewer system.
3) Prohibit the discharge of cooling water from the building
and/or machinery within the building to the sanitary sewer
system.
There is the possibility that area residents will object to
the approval of any part of the by-law due to the negative
comments we have given on previously submitted new development
proposals in this part of Bowmanville. Therefore, it is our
intention to meet with Newcastle Planning Staff to discuss
our concerns, as soon as possible.
We will inform you of the results of the meeting.
C
GAC/rd G. A. Crawford
Attach.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 82-
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- 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:
M A dry light 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
M Block 1 - 0.15 hectares
(ii ) Block 2 - 0.5 hectares
(iii ) Block 3 - 1 .0 hectares
b) Lot Frontage, Minimum
Ci ) 15.0 metres
3 -
c) Front Yard, Minimum
(i ) 7.5 metres
d) Si deyard, 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 1982
BY-LAW read a third time and finally passed this day of
- 1982.
G. B. RICKARD, MAYOR
D. W. OAKES, CLERK