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HomeMy WebLinkAboutP-113-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 I i REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JUNE 22, 1981. REPORT NO. : P-113-81 SUBJECT: Proposed Rezoning of Part of Lot 27, Concession 3, former Township of Darlington - Courtice Auto Wreckers Our File: Z-A-1-9-1 RECOMMENDATIONS: It is respectfully recommended that Planning and Development Committee recommend to Council the following: 1. That Report P-113-81 be received; and that 2. Application for Rezoning File Z-A-1-9-1 be denied and i the applicant so advised. BACKGROUND: On March 19, 1980, staff received the above-noted application for an amendment to Restricted Area Zoning By-law 2111, as amended. Said application requested that the subject site be rezoned to recognize the existing use of the property as an automobile wrecking yard with associ- ated uses. The site is designated as Urban-Residential in the Durham Regional Official Plan and as such the said use is not permitted. However, Section r�' i - 2 - 16.6.5 of the Regional Plan would permit Council to pass zoning by-laws to permit the continuation of an existing use, provided that Council is satisfied that such existing use would have no adverse affects upon the use of surrounding lands or the implementation of the provisions of the Durham Regional Official Plan. The Darlington Official Plan designates this area as Urban-Residential and as such the existing use does not conform. Said Official Plan also identifies this particular site and the surrounding areas as being environmentally sensitive. In that regard, the compatibility of the use with and its impact upon the sensitive features would require further investigation. However, a recent study of the sensi- tive features conducted by the Town indicate that the particular sensitivity of this area is in respect of shallow water table conditions. Said study recommends that this area be subject to special policies requiring an inte- grated Hydrogeological Study to define "surface" and "ground" water impacts of development. Furthermore, in January of this year, the Town was advised by the Ministry of the Environment, that the subject site had been subject of a preliminary investigation, which tested for the presence of gas and leachate. This investigation indicated that while there appeared to be no major environmental problems, given the physical nature of the water table, the on-site presence of combustible gas, the presence of petroleum products on the ground and the evidence of possible ground water contamination, further study would be required. COMMENT: In accordance with the Department's procedures for processing by- law amendments, the subject application was circulated to a number of Depart- ments and agencies for comments. Only the Durham Regional Planning Department expressed any concern in respect of the proposed zoning. Their concerns mirror - 3 - our own and are in respect of the non-conformity of the use with the intent of the Official Plans now in effect and the negative impacts of such use upon the future uses of adjacent properties and the local environment. Staff, therefore, recommend that the subject application be denied as contrary to the intent of the Official Plan. Respectfully submitted, TTE:lb D. N. Smith, M.C.I.P. June 4, 1981 Director of Planning MEMORANDUM TO: E. Pella, Planning Department FROM: J. Hayman, Fire Chief DATE: April. 17th, 1980 SUBJECT: Courtice Auto Wreckers Limited, Part Lot 27, Concession 3, Darlington - File No. Z-A-1-9-1, By-law /2111 i i I would submit the following recommendations in regards to the above application for rezoning. That the fire safety requirements for the yard bein accordance as required under the National Fire Code and the proposed Ontario Fire Code. Authority would be under Section 19 , Fire Marshals Act. �. Hayman. I i i March 20, 1980 r DURHAM ��, r. Don '�+�� t1a r 1 � .r . Planning Director Town of Newcastle The Regional x-,..-. Municipality �iaYft�`itc�IZ Municipal fJffJ..<'f:f� of Durham Hampton, Ontario Planning n Department Dear Mr . Smith; Box 623 105 Consumers Or. r{e b Application for Rezoning Whitby, Ontario Pp Canada,UN 6A3 Courtice Auto Wreckers (04 668-7731 Part of Trot 27 , Conc . II (Darlington) 'own of Newcastle DR. M. R. MICHAEL, M.C.I.P. Your File : l-A--1-9-1 Commissioner of Planning In response to your request, we wish to provide you with the fo l.1 owing comments . The subject site is designated "Residential." in the Durham Regional Official Plan, being part of the Courtice urban Area . dousing is to be the predominant use of land in this designation. A wrecking yard is not permitted . Section 16 .9 . 5 of the Durham Plan, however , allows Councils of area municipalities to zone to permit the continuation, expansion, or enlargement of existing uses provided that such existing uses have no adverse effect on the present rases of the surrounding lands or the imp.lomentation of the prdvisions of the Durham Plan . i In this regard, the desirability of zoning for the wrecking yard, a use which would likely be incompatible with the :Future residential use of the surrounding lands, should be examined . With re;:pect to the provision of regional services , municipal water and sanitary services are not available to the ;Ubj ect site and there are no plans at the present ti,(tae to extend services to the area . Furthermore, because the proposal is commercial in nature, W.re are no financial planning implications with r rehPic"t to the Region' s current development polities , Yours vor. u# truly, /1.7 . . C amerwn Manager Current Operations Branch JJ Ontario Ministry of 416/965- Legislative Buildings Agriculture Queens Park and Food Toronto, Ontario I .March 25, 1980 ' , f�_raYlilit�� I � `t1Rl�liE�1T ! MEMO TO : Mr . D. N. Smith Director, Planning and Development Town of Newcastle Municipal Buildings Hampton , Ontario I FROM : Gonna Sharp , Project Officer Flans Review Food Land Development Branch Re : COURTICE AUTO WRECKERS LTD. APPLICATION FOR REZONING Flt . of Lt . 27, , Con . .3, Darlington File No . Z - A - 1 - 9 - 1 Staff of the Ontario Ministry of Agriculture and Food have reviewed the above plan , and consideration Has been given to it in view of the present goals and objectives of the Ministry and the guidelines on land use which support these goals and objectives . Please be advised that we have no objection to the proposal at this time. II ' ' , / 5 Eli 0 THE RE /~ !ON /� | MUNICIPALITY �� � ��| |� �� /t �� � _ � . _ . , . _ . . ' `� . ^ ^ `^ . �� �/ ,�/ // �''� ~ DURHAM REGIONAL ns^c|nUNIT HEADQUARTERS:xo/ GOLF STREET,nn*AwA,ONTARIO unwoz<wu) 7ca-8001 1980 03 17 Mz. D. N. Smith, Director -----' Planning and Development Town of Newcastle / Municipal DoiIJ1ug Hampton, Ontario Dear Mr. Smith: Re: Application for Rezoning ±Z-A-1-9-1 Pt. Lot T27 , Conc. TTown-of Newcastle (DaLr,4-.- - Applicant: Courtice Auto Wreckers.. Ltd. - The Durham Regional Health Unit otteca no objection to the above-mentioned application, Yours truly` / / ` J . D. �Vat�, D.V.M� , 0.V.P.V. B1rector` Environmental BeoILb Services JDW/jo C.C. yowmonvilIe Office Z. M E M 0 R A N D U M To: D.N. Smith, M.C.I.P. , Director of Planning. From: J. Dunham, Director of Public Works. J. Ferguson, C.E.T. , Deputy. Subject: Application for Rezoning. COURTICE AUTO WRECKERS LIMITED. Part Lot 27, Concession 3, Darlington. Your File Z-A-1-9-1. Date: March 12, 1980. With reference to your enquiry dated March 10, 1980, it is our understanding that the applicant, Court-ice Auto Wreckers Limited, has requested the subject rezoning in order to make his operations and lands a 'legal use' , and does not intend to change, or alter in any way, the existing wrecking yard. If the above Is the case then this Department does not have any comment on the matter; however. , if the Applicant intends ,to change any aspect of the wrecking yard in the future (e.g. drainage, entrances, etc. ) then it is felt that a Site Plan Agreement between Courtice Auto Wreckers Limited and the Town, will be necessary. J J. DUNHAM ^s J FERC ON . I I I ` ^ . ` CUMNUU/[AT/OH� ( - g / ' Information of)kmo ' miUiSky OfthR Envi[Onn)c/)| *~ ~ � ! 1981 01 29 ' Town of Newcastle 40 Temperance Street � 8owmanvillo , Ontario ' LlC ]A6 Attention: J. H. Ncllroy / Dear Sir: | Re: Industrial Waste Disposal Site Siodv /~�/_ Preliminary_ ]nvesti Ci ' In 1980. c/vm/| LmKs for the Ministry carried out a preliminary field investigation study of n oomher of industrial waste disposal sites in Ontario, iocludiog two sites in the Town of Newcastle.sites are located oo the property of Courtice Auto Wreckers at two different sites as shown on the report maps. The sLodics included testing L! ' y m` �o presence of gas and |eadmLe and documenting any apparent impacts arising from the production and migration of these contaminants. The study results have been released to the property owner for the above sites , and, the � o e properLy owner has been requested to inform us of his plan of action on the report recommendations, [nc)os,d [o[ yoor information in a copy of the consultant' s report dealing with LU, above sites, lhe report is also being released to the public. If you have any questions in this regard please contact the writer. Yours b`u|y. ` \ . \ \ � \ C. B. Nelson, |', [oy. District Ui [ic,r Industrial Nw(,m,oL 3cc\ ioo | � C8N/nn/N-H Encl . — — - ----'—.. ` | , | 2 . 2 `relit K — 1/Ua1H11M D I S H I r' 1 k Five sites have been identified in this Industrial Waste District of the Central Region as candida Los for Phase I study , Tire five sites , whose locations are shown the " site l oca t ions " map in the pocket at the back of the report , are discussed in order of the assigned site numbers , r COURT IC AUTQ IiRECKERS ( SITE I � i At this site Courtice Auto Wreckers has been operating for a number of Years . Wastes are generally associated with those from wrecked automobiles , that is metallic9 , rusted parts of cars, glass , batteries ; oils , gasoline , rubber and cloth . In addition , spent foundry sand , coal ash , metallics and phenols have been reported to have been l and f i l l ed in on- site depress ins . The wastes that would cause most environmental concern from this site are metals ( Cr , Cu , Fe , Pb , Mn , Ai , Zn ) ; chlorides , and petroleum Products . This preliminary study indicated that no mayor environmental problems are associated with this site . Nonetheless , the physici I settinq , the shallow nature of the water - table , the on- site presence of combustible gas , the Presence of petroleum products on the ground and the evidence of possible ground w,:rter contamination indicate that further ntudy is required . it is l ikeq that cumousLible gas found on - site may be relawd to the waste peLrol e um i r ro# Products and may therefore be localized and not representatives of a large combustible gas source . Furthermore: , possible ground water contamination may be the result of other factors . To better delineate= the extent , origin and environmental threat posed by the corerbustible gas and potential ground water• contamination , the following recommendations are made ; r 1 . Samples of the combustible gas should be collected and analysed to better define its composition a n d hence i t s o r i g i n . D u r i n g w i n ter months , nearby residences should b6 monitored routinely for the presence of combustible gas unti I �1 y6 s analyses prove the threat to public; safety to be insignificAL . 2 . farther sampling of nearby wateIr wells should be undertaken and water � levels - measured . Along with routine indicator parameters , samples should bo tested for phenols , iron , yaps and oil and heavy metals . Resident;'' should also be interviewed about. possible :I taste , odour and colour in well water used for domes ti c purpo sen . I I The Court io Auto Wreckers site was ' i visited on November 11th , 1980 . Detailed re seal is of information collected during the field visit: are included in the Appendi ,, . Then major site features and sampl in��a locations are shown on the recap provided . f ; 11 � fir. t ime of our I i e 1 d inspect. ion the s i t.e was almost entlr my coverPr.I with wrecked vehicles . No major onv i ronmen to l lrrrpac t ',gas de terms n e d during this study . However , some concern is noted wi th respect to Lc;s,ilhustlble ga ` and ground Mater contamination . C{.JBrbustible gas was noted at a i levoI towards the northern part of the property some 20 to 30 m from the closest bu11ding . No combustible gas was round in i local buildings although investigators wore refused entry in the closest dwelling . It is possible that the positive reading 00 - site may have been the result of small Oil and petroleum spills which were c. rirtrmon in the wrecking yard . L 'I [hose numerous o i l and pe tro I eum spill r arp a source of potential ground water• cart team i na t ion • they may leach to the water table and by lateral ground WdLer flaw move - Lo adjacent domestic water. wells . One well nearby ( 131 ) revealed nuor° surface water levels and area � dwellings are equipped with sump- pumps indAdting high water table conditions . Tho same well indicated above-- normal conductivity and chloride readings although heater alleged Iy frum a we 1 bo r ween the. site and fat indicated somewhat better water quality . While the elevated chloride and condu( tivity I e v s 4 may be the result of other factors , these pre iimi nary results justify further ground water investigations . The presence 0f 1 , 5 m of foundry sands at the rr'c.rnt � of the property presents a potential source of phenols and metals contaminoti on' , �I z -4t ' 2 ' MY it CL. G 7A V( L l' I l S S At this site , three inactive gravel pits have been used for the disposo I of " stn= s , mainly from the construction industry , The writes include , concrete , bri k , Mood , dry ".`tall , asbestos and ioundry strand . In addi t ion it has been r°uporLed by lucal residerits that a sludqu has been fiber in P i L h . he wasLus LhaL would cause must P N V i Ponlllen to I concern a t th i s s i to aro L h 0;e associated Wi th mutdl I ic m o n a fac turi ng ; tha t i s , foundry sand and other wastus which may include , r.! i1 yrease , chloride > metals , phenuls , PainC , plastics and machininrl anti millinq 'I 0 ' W a n L v products . As Pi t A is no fenced , ' some domestic refuse has a 4o b e u i i dumpad presumably by local re4iclunts . Y +�� At tr1C' LiNI F' of our field inspection no MA i + ` trst ? 11i °OnlEntdl r ' 1111pifiCt 'rl�'1S IlUted i ii Surface and ground water was found to r bp of soLinfactury quality and only a � ( raLc of combustible rlas eras found in onr� au ;er hale . Some waste in ail l three pi is c _ " "red on surtdCe and i s thus sub j ecL v _ Lu rapid leaching from direct precipi Co lion . D w o 0 the sandy nature, o the uverhur don deposits the potential exists for ra ,, id movement of contaminants Lo Lhu wo LP r L a 6 1 o . This preliminary study cold neither cUlii' # rm or refuse Lhe presence rat t S I ud e reported 1y depos i Led i n P i t B a�� ti w tias!:d on our study fi ndi rigs the ful luwIng rer_ummundations are made : I . ih; sludge reportedly disposed in Pit. B Should be located illld r, identified , If it is located ald turarrri to contain noxious compounds , ground water monitoring program is recommended . 2 . All Pits should he cleaned up ,: nd the construction waste buried . The COurtice Gravel Pits site was vii, i i;i d on November 11th , 1980 . Detailed results of information c o I I e c t e d during the field visit are included in the Appendix . The major site features and sampling i- lcr{c.aLions are shown on theImap provided , t No MAj,;rr rIas or I identified . The gravelly sandy nature of the :; urficiGal rrlaterials wciuld ve&t. any generated combustible gas to the 1 atmosphere . A trace arrrount of combust itale as , Teti ; � than Ira , was noted in gas Probe � C2 but sari adjacent. probe , C3, gave a 0` reading . Surface water arrd ground wf:a 0 salrrplr>.s tested indicated a satisv;ict .iry quality . Elevated chlorides were noted in an On- s i to Errand in Pit fi but were we ! I W t1r i n the M. O . E . surface water ob jec t i ves No evidence was found of sludge repoPted to have been deposited in Pit. H , l � 4 x r