Loading...
HomeMy WebLinkAboutP-56-81 if 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?� 2 - 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. - 3 - 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." - 4 - 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 i - 5 - 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 6 (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. i (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. iv - 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 - vi - (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. - vii - (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. - viii - 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. M Z Q O M ROAD ALLOWANCE BETWEEN CONCESSION B.F. AND 1 200 155369 73° 4 �.. .. ...2 2��7fi .. ...: 203.244m 3-048m E- r r J �n W W i— W 7 n: m Iz ! J J ZONE CHANGE Q TO M2- 4 to I � G.B. Rickard ,Mayor 0 50 loom 50 J.M. Mcllroy , Clerk LOT LOT L r' I LOT - OT- -_-LO-T- --LOT " _—LOTS—LOT LO 35 I 34 I 32 I 31 30 j 29 28 27 I 25 _ --- I - --- I I - I�= IY I coulvict ! 5 I I I I I I I I I I I o; I I I I I I I I 1 I I i I I I I I I GIONAL I ! I I I I I I ( I ( SUB�'ECT SITES I ��,� � I m JL' U LAKE ONTARIO I KEY MAP FOR BY- LAW 81 --. FORMER TOWNSHIP OF DARLINGTON 0 500 1000M cam [Em IBM 500