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Home My WebLink AboutPD-113-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV92019.GPA PUBLIC MEETING Meeting: General Purpose and Administration Committee Tuesday, May 19, 1992 #: PD-113-92 File#: DEV 92-019 :~s## ~~);t.i~;'-~2 # Date: Subject: REZONING APPLICATION -IVAN PORTER ON BEHALF OF KING PIN LTD. PART LOT 14, BROKEN FRONT CONCESSION, TOWN OF BOWMANVILLE 2475 SOUTH SERVICE ROAD FILE: DEV 92-019 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-113-92 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Ivan Porter on behalf of King pin Ltd., be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1 . 2 Owner: 1.3 Rezoning: 1 . 4 Area: Ivan Porter King pin Ltd. From Service station Commercial Exception (C7-2) to a zone appropriate to permit a second eating establishment of approximately 446 m2 floor area. 3.2 hectares 2 . LOCATION 2.1 The subject property is located Front concession, Bowmanville. 2475 South Service Road. in Part of Lot 14, Broken The municipal address is ....2 RECYCLED PAPER RI~ ~I~I g t\: THIS IS PRrWEOON rll:CYCLED PAPER REPORT NO. PD-113-92 PAGE 2 3 BACKGROUND 3.1 The site presently supports an eating establishment, motel, retail store, and two motor vehicle fuel bars (one for automobiles and one for trucks). 3.2 The following development applications have previously been made on the site: A82/017 - Minor Variance to permit a reduction in the front yard to permit a canopy to be built over the fuel bar; DEV 83-012 - To permit the establishment of a motel on the subject lands; DEV 88-120 - To permit the expansion of the fuel bar, relocation of the fuel pump islands and to permit a new canopy to be built. The development proposed in these applications have taken place. 3.3 In conjunction with this application, the applicant has applied to amend the existing site plan agreement to permit a weigh scale for transport trucks. This application has been circulated. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: An eating establishment, motel, retail store, and two motor vehicle fuel bars. 4.2 Surrounding Uses: East - horticultural stock, hydro corridor West - vacant South - C. N. Railways, ontario Hydro Corridor, st Marys Industrial Centre 401, horticultural stock North - ....3 JI::- n ') UL REPORT NO. PD-113-92 PAGE 3 5 OFFICIAL PLAN POLICIES 5.1 According to the 1976 Durham Region Official Plan, the subject lands are designated "Special Purpose Commercial Area". Automotive services, drive-in restaurants, and motels are permitted uses on lands so designated. The 1991 Durham Region Official Plan designates the subject lands as "Employment Area". Transportation facilities and hotels are permitted uses in this designation. Transportation Facilities are interpreted to include fuel bars, motel, eating establishments and can include a retail store. 5.2 According to Schedule 7-1 of the Town of Newcastle Official Plan, the subject lands are designated "Special Purpose Commercial" and "Minor Open Space". Uses permitted within the "Special Purpose Commercial" designation include automotive sales and services, drive-in restaurants, and motels. The lands designated "Minor Open Space" are located at the westerly end of the lands and are not impacted upon by this application. 6 ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Service station Commercial Exception (C7-2)". This zone permits any or all of the following uses to locate on the lands: an eating establishment, retail store, motel and Motor Vehicle Fuel Bar. A zoning application is required to permit a second eating establishment on the lands. 7 PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage . . .4 I~ n --, :Ju5 REPORT NO. PD-113-92 PAGE 4 acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 8 AGENCY COMMENTS 8.1_ In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 8.2 The Town of Newcastle Fire Department requested that detailed drawings be submitted to the Fire Department for review to ensure compliance to the ontario Building and Fire Codes. 8.3 The Town of Newcastle Community services Department requested that 2% cash-in-lieu of parkland be received and put towards the Parks Reserve Account. 8.4 The Ministry of Natural Resources requested that a number of c~:p.Q.JtJ.p-n$~ccltELJJ:1cP-r-PQPh~tl:1i~tbe s i te~p~a,l"hJ;\g~J~nte~ These conditions reflect the requirements of the West Side Creek Master Drainage Plan. 8.5 The Ministry of Transportation stated that permits would be required for new buildings within 14 m of their property line. They also stated that no new entrances will be permitted. 8.6 Canadian National Railways requested that a minimum 30 metre building setback in conjunction with a 2.5 metre high safety berm is required. The berm must not have slopes steeper than a 2.5 to 1 slope. A 1.83 metre chain-link fence must be installed and maintained by the applicant. Additionally, ....5 504 REPORT NO. PD-113-92 PAGE 5 any changes to the existing drainage pattern must be approved by the Railway, and all "surface runoff must be constrained to pre-development levels under Regional or 100 year storm conditions, which ever is most severe". According to the present drawings, this 30 metre setback from the property line to the structure can not be achieved. The drawings will have to be re-worked in order to comply with the Railway's requirements. 8. Comments have yet to be received from the following agencies: Town of Newcastle Public Works Newcastle Hydro Electric Commission Central Lake ontario Conservation Authority Durham Region Planning Department Durham Region Works Department Ministry of the Environment 9 CONCLUSION 9~~'l'h~ur-pose=oJ:~h.is~r~po.kL.-i-s~t~f-aci-l-i-ta-t~h~P-uhl-ic Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. ....6 505 REPORT NO. PD-113-92 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee d~~~ Franklin Wu, M.C.I.P. DIrector of Planning and Development HM*FW*cc *Attach 7 May 1992 Interested parties to be notified of Council and Committee's decision: King pin Ltd. c/o Fifth Wheel Truck stops P.O. Box 160 160 Market Drive Milton, ontario L9T 4N9 Attn: Ivan Porter 506 Attachment 1/: 1 ~ SUBJECT SITE LOT 15 LOT 14 LOT 13. '- BASELINE ROAD (H)C~ EP z 110_ II u; (f) W U z 8 II ------- - -M3~2- ----- - -1= --~--- z o 0::: LL BOWMANVI-L_LE KEY MAP IIZ W ~ o 0::: . m M3-1 ~ !l \11 o 100 200 300m ~ r""- I .... ~; 50 m ~ ~ ~3-1 Dev. 92-019 C (\-7 -j i n o r.. r ~~ v. -j tt' -u r ::;, )> '" 'L ~ '- A L~" . ,~ ~ ~ t~ . . ~ ~ ; i ; ^ ~ ~ ; rp : ~ ~ ' ~ " " , 0 f a ~ ~. ~~~ e: ^..,;:' r , . i~ Q 0, ~ 0 > 'r I I,' < ~:g rf1 ~~; 0- 6:';:' i !:" ~ ,';t" <ji ~ C-, , M A '~d':.~.~;,;,'7 oS~ 0, , f ' I ",' ,'-+ ' ~ o'~.o...." ".. , ..' ~ ~'" 01 . , ~. r:-" '0' c) J' ',J Attachment #2 / ~ ~ 0 rJ o ~ ~ 1:- "II 0 ~ 0 ~ tp ~ ~r iiz:.l"O --('1 ti () t~ i17\ .J> ! 1>": '" < 7' r ~ I" ~ n ~ < ;'1) ~r J> r.. B