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IV
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
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL
13, 1981.
REPORT NO. : P-56-81
SUBJECT: Proposed Rezoning - Part of Lots 31 and 32, B.F.C.,
former Township of Darlington - R. Amyotte
BACKGROUND:
On August 2, 1979, the Town received the above noted application
for an amendment to Restricted Area By-law 2111. The subject appli-
cation requests a change in the zoning, from "Agricultural" to
"Industrial" for approximately 3.9 ha (9.5 ac) of land located on
the south side of Baseline Road, being part of Lots 31 and 32, Broken
Front Concession, former Township of Darlington.
The subject lands are designated for Industrial purposes by both
the Durham Regional Official Plan and the Official Plan for the former
Township of Darlington. The Regional Official Plan specifies that only
uses of a dry nature shall be permitted and shall be subject to an en-
gineering report indicating an adequate supply of potable water, method
to be used for fire protection, and soil conditions which would permit
the installation of a private sanitary waste disposal system which com-
plies with the standards of the Ministry of the Environment. Such a
report has been submitted in support of this application. f?�
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The Darlington Plan, Amendment 9, also restricts the use of
this site to industrial uses of a dry type which can properly function
on private water supply and sewage disposal systems. In addition, prior
to approving a rezoning, the Town must approve a site plan covering the
whole of the subject site and enter into a development agreement concerning
all relevant matters.
The proposed rezoning is intended to implement the provisions
of the applicable Official Plans and, therefore, appears to conform.
Pursuant to the Department's procedures for processing amendments
to Restricted Area By-laws, the subject application was circulated to a
number of agencies for their review and comment. The results of our cir-
culation are summarized below:
Town of Newcastle Works Department
"It appears that, upon development of these lands, additional
industrial accesses would be created, directly off the Baseline
Road and, if no other alternatives are possible, the Baseline
Road would require widening.
Drainage is a matter of concern but, presumably, this can be
resolved."
Town of Newcastle Fire Department
"Access for fire department equipment, vehicles, by means of a
street, private roadway or yard, should be provided to all areas
and buildings.
A water supply for fire service should be provided in accordance
with the type and area of buildings (reservoir) .
Fire safety design for all buildings in accordance with occupancy
requirements."
Ministry of Transportation and Communications
October 1, 1979 - M.T.C. would have no objections to the proposed
rezoning application subject to a building setback as per C.A.H.
standards.
No access to Hwy. 401.
March 2, 1981 - The Ministry will require a 13.05 metre building
setback from the property line (abutting 401) .
We will also require submission of a site plan and a drainage plan
for review purposes prior to the issuing of Ministry permits.
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Ministry of the Environment
"Recognizing that the lands are proposed for services with
individual wells and septic tank systems, only "dry" industries
(those requiring water only for domestic use of their employees)
should be permitted. In addition the comments on the suitability
of the site for septic tank installation should be obtained from
the Durham Health Unit.
The subject site is visible to the travelling public on Hwy. 401.
For this reason, consideration should be given to requiring visual
separators along the southern property line.
In summary, we have no objections to the approval of this appli-
cation, subject to favourable comments being obtained from the
Health Unit."
Durham Regional Health Unit
(Oct. 15, 1979) "The Durham Regional Health Unit offers no objection
to this rezoning application.
However, a report from a qualified soil consultant will be required
before any approvals for private sewage disposal systems can be
granted."
(Sept. 17, 1980) "The Durham Regional Health Unit approves of
this application in principle. However, because of heavy soil
conditions in the area, imported granular fill will be required
over tile bed areas, to the depth recommended by our Public Health
Inspector at the time of installation.
Because of extra space requirements associated with raised tile
beds, an installation of a Class 6 (Aerobic) sewage disposal
system may be a better alternative."
l Central Lake Ontario Conservation Authority
The Central Lake Ontario Conservation Authority advised us on
two separate occasions that the subject site was possibly affected
by the flood plain of the Robinson Creek and that consideration
should be deferred pending completion of flood plain mapping.
On Feb. 3, 1981 C.L.O.C.A, forwarded a copy of the flood plain
mapping relevant to this application. Our review of this information
indicates that the site is not located within a flood plain.
Durham Regional Planning and Works Departments
Regional staff advised that the site is designated as "Industrial"
by the Durham Regional Official Plan and that Section 8.4.3.3,
requiring an Engineering report, could apply.
They also advised that; "in order to expedite the future develop-
ment of this property, the applicant should be made aware of the
Durham Planning Committee's policy that all industrial plans of
subdivision be presented to the Planning Committee and that the
developer inform the Committee as to the method by which he chooses
to proceed and that in the event of severance, it is understood
that the developer will enter into a site plan agreement with the
municipality."
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Due to the industrial nature of this proposal, there are
no financial planning implications with respect to current
development policies of the Region.
The following agencies offered no objection to this application:
Ministry of Agriculture and Food
Ministry of Natural Resources
Bell Telephone
Ontario Hydro
COMMENTS:
Based upon our review of the subject application and the fore-
going comments obtained through circulation, and the fact that this
rezoning is in conformity
Plans; we have no objection to it. We would, however, note that there
are a number of concerns, which have been identified, and which should
be addressed through the terms of a development agreement. These con-
cerns are primarily related to; an adequate supply of water for fire
fighting purposes; road widenings; visual buffering; storm run-off and
surface drainage; a potable supply of water for domestic use by employees;
and installation of satisfactory sanitary waste disposal systems. Subject
to the execution of a development agreement, incorporating appropriate
provisions for addressing these concerns, we would have no objection to
approval of the necessary amendment to Restricted Area By-law 2111. A
Copy of the proposed By-law amendment is included as Attachment 1 to this
report.
RECOMMENDATION:
That the Planning and Development Committee recommend to Council
the following:
1. That Report P-56-81 be received; and that
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2. The attached amendment to Restricted Area By-law 2111,
as amended, be forwarded to Council for approval upon
execution of a Development Agreement, between the appli-
cant and the Town of Newcastle, which shall include, but
shall not be specifically limited to, provisions in respect
of the following:
(i) That the owner dedicate to the Corporation of the
Town of .Newcastle a 3.0 metre (10 ft.) road widening
along the entire frontage of the property abutting
Baseline Road;
(ii) That a site grading and drainage plan be approved by
the Town's Director of Public Works, the Central Lake
Ontario Conservation Authority and the M.T.C. prior to
the issuance of any building permit on the subject lands;
(iii) That the Town shall require site plan agreements as a
condition of development of all or part of the subject
lands;
(iv) That such easements as may be required for utility or
drainage purposes shall be granted, free and clear of
all encumbrances, to the appropriate authority;
(v) That the owner agrees to provide, on site, one or more
reservoirs for fire fighting purposes, to the satisfaction
of the Fire Chief for the Town of Newcastle;
(vi) That no Occupancy Permits shall be issued for any build-
ing until such building is connected to and serviced by
a potable supply of water and a sanitary sewage disposal
system approved by the authority having jurisdiction; and
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(vii) That an overall site plan incorporating visual buf-
fering of the future industrial uses adjacent to Hwy.
401, has been approved by the Town of Newcastle.
Respectfully submitted,
064'Ir
TTE:lb D. N. Smith, M.C.I.P.
March 12, 1981 Director of Planning
THE_.coRPORATION OF THE
TOWN OF NEWCASTLE
By-law No. 81-
Being a By-law to amend Restricted Area
By-law Number 2111, as amended, of the former
Township of Darlington, now in the Town of
Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
'P�
d Be ricted
DEEMS-lit-a-dvisab-Le to amen Area By-law Number 2111, as
amended, of the former Township of Darlington.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. By-law 2111, as amended, is hereby further amended by adding
to Section 9, Subsection (c) the following subsection (4) :
"(4) M2-4; Part of Lots 31 and 32, B.F.C.
Notwithstanding any provision of this by-law to the
contrary, that part of Lots 31 and 32, Broken Front
Concession, designated as "M2-4" on the attached Schedule
"A" hereto, shall be used only in accordance with the
following provisions.
(i) Definitions For the purposes of this sub-section;
(a) "FACTORY OUTLET" shall mean a building or part
of a building, accessory to a permitted industrial
use, where the products manufactured by that in-
dustry are kept for wholesale or retail sale.
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(b) "GARAGE, COMMERCIAL" shall mean an establishment
or premises where vehicles owned by the general
public are repaired or maintained.
(c) "GARAGE, MAINTENANCE" means an establishment or
premises where vehicles owned or leased by the
occupant of such premises are repaired or maintained.
(d) "FLOOR AREA, GROSS" shall mean the aggregate- of the-- - ---
horizontal area of each storey, measured between
the exterior faces of the exterior walls at the
floor level of such storey.
(e) "FLOOR AREA, NET" shall mean that part of the
gross floor area of a building which is used by
a permitted use defined herein but excluding:
i) any part of such building used by any other
permitted use;
ii) any part of such building used for the parking
or storage of motor vehicles;
iii) any part of such building used for equipment to
heat such building or a portion thereof; and
iv) the thickness of any exterior walls of such
building.
(f) "FRONTAGE, LOT" shall mean the horizontal distance
between side lot lines, measured along a line 7.5
metres back from and parallel to the front lot line.
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definition shall not include an automobile service
station or any other facility for the sale of fuels.
(ii) Permitted Uses
an assembly plant;
• business office accessory to a permitted use;
• commercial garage;
• contractor's yard;
an equipment storage building;
• factory outlet;
• farm implement dealership;
• heavy equipment sales and service outlet;
• maintenance garage accessory to a permitted use;
• manufacturing plant;
an open storage area;
• parking lot;
• private gasoline pump island;
• warehouse.
(iii) Zone Provisions
(a) lot area (minimum) - 0.35 ha
(b) lot frontage (minimum) - 35.0 m
(c) lot coverage (maximum) - 50%
(d) front yard (minimum) - 10.5 m
(e) interior sideyard
(minimum) - 4.5 m, provided that
where a side lot line
abuts a residential zone,
or abuts a lot having a
residential use situated
thereon within 30 m, the
minimum side yard shall
ho In n m
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(m) Gasoline Pump Island
Location - No part of any gasoline
pump island shall be located
in any front yard or closer
than 4.5 m to any side or
rear lot line.
(n) Open Storage Area
Regulations - No open storage area shall
be permitted except in accord-
ance with the following pro-
visions;
i) no open storage area shall be permitted in a front
yard or exterior sideyard;
ii) no open storage area shall be permitted in a side-
yard which abuts a lot having a Residential use
situated thereon within 30 metres.
iii) every open storage area or lot having an open stor-
age area situated thereon shall be enclosed by a
wall or fence not less than 1.5 metres in height and
constructed of a uniform material such as metal or wood,
iv) no portion of any open storage area for combustible
materials shall be located closer than 7.5 metres
to any lot line.
(o) Planting Strip Location
A 3.0 metre wide planting strip shall be required along
any portion of a side lot line or rear lot line which
abuts a lot having a residential use situated thereon
within 30.0 metres of such common lot line, or abuts a
public street or highway.
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(p) Noxious Trade
No use shall be permitted which from its nature or
the materials used therein is declared to be a noxious
trade, business or manufacture under the Public Health
Act or regulations thereunder.
(q) Unserviced Lot Requirements
(t) No more than 45,-500-lttre-sof water per ay shall
be taken from any lake, stream, well or reservoir;
(ii) no water taken from any lake, stream, well or
reservoir and utilized in any way in the manu-
facturing process shall be discharged in such
manner that it flows outside the boundary of the
lot either above or below ground level nor shall
it be discharged into any private sanitary waste
disposal system.
(iii) no privately owned sewage system shall discharge
effluent in such a manner that it flows outside
the boundary of the lot either above or below
ground level.
(iv) the number of persons employed on the lot shall
not exceed the regulations of the Durham Health
Unit and shall be subject to the approval of the
Durham Health Unit."
2. Key Map 25 of Schedule "A" to By-law 2111, as amended, is hereby
further amended by changing to M2-4 the zone designation of the lands
shown as "ZONE CHANGE TO M2-4" on the attached Sdhedule "X" hereto.
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3. This By-law shall come into effect on the date hereof, subject
to the provisions of Section 35 (10) of the Planning Act.
BY-LAW READ a first time this day of , A.D. 1981.
BY-LAW READ a second time this day of , A.D. 1981.
BY-LAW READ a third time and finally passed this day of
A.D. 1981.
G. B. RICKARD, Mayor
(seal)
J. M. McILROY, Clerk
THIS IS SCHEDULE 'X' TO DY-LAS! 810
PASSED THIS - DAY OF A.D. 1951.
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