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HomeMy WebLinkAboutPD-53-89DN: 16. 1i - 5 (b) TOWN OF NEWCASTLE REPORT File #d, 3,5" .' Res. # By -Law # General Purpose and Administration Committee Monday, March 6, 1989 PD -53 -89 FILE #: DEV 88 -124 REZONING AND SITE PLAN APPLICATION - VELTRI & SONS LTD. PART LOTS 8/9, CONCESSION 6, FORMER TWP. OF CLARKE OUR FILE: DEV 88 -124 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -53 -89 be received; and 2. THAT the application for rezoning, submitted by G.M. Sernas and Associates on behalf of Veltri and Sons Limited to permit the development of a fuel bar, be referred back to Staff for a subsequent report pending Staff's receipt of the outstanding comments; and 3. THAT the applicant and applicant's agent be so advised. 1. BACKGROUND: 1.1 On November 24, 1989, the Planning and Development Department received an application to amend By -law 84 -63, to permit the development of a restaurant, service station and gas bar on 1.8 hectares, being part of a larger 74.20 hectare parcel currently zoned "Agricultural (A)" and "Environmental Protection (EP)". ...2 508 REPORT NO.: PD -53 -89 1.2 On November 27, 1988, the applicant's agent revised the proposal, deleting the restaurant. 2. OFFICIAL PLAN CONFORMITY 2.1 Within the Durham Regional Official Plan the subject lands are located with the "Major Open Space" designation. Section 8.3.3.3 states that existing and new service stations may be permitted without an amendment to the Plan provided the local Council is satisfied it is located in an area which does not create a nuisance to the adjacent residential uses, and provided they are located abutting an arterial or collector road. 3. LOCATION 3.1 The subject lands are located on the south -east corner of Regional Road 9 and Regional Road 18, being Part Lots 8 and 9, Concession 7, former Township of Clarke. Staff would note that the road allowance between Lots 8 and 9, have been closed and conveyed by By -law. 4. SURROUNDING LAND USES 4.1 The existing To the North: To the South: To the East: To the West: land uses adjacent to the proposed development are: 34.3 ha parcel of open field which is currently subject to applications to permit a 33 lot estate residential subdivision 8 ha parcel rural residential development 3 ha parcel rural residential development Village of Kendal 5. PUBLIC NOTICE AND SUBMISSIONS 5.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the 509 ...3 PAGE 3 appropriate notice was mailed to each landowner within the prescribed distance. 5.2 As of the writing of this report, no written submissions have been received. Staff would note however, that a number of inquiries have been received as to the protection of the creek and how the lands will drain. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: - Ganaraska Region Conservation Authority - Regional Health Services Department - Ministry of Agriculture and Food 6.2 The Town of Newcastle Fire Department offered no objection, however, noted the applicant will be required to comply with all aspects of the Ontario Building Code and the Ontario Fire Code. In addition, the proposed use must comply with the applicable sections of the Gasoline Handling Code and Gasoline Handling Act. 6.3 The Town of Newcastle Public Works Department offered no objection to the principle of the proposed use, however, recommends that it not proceed until such time as a site grading plan is submitted which addresses site drainage. In addition, the applicant would be required to enter into the appropriate Site Plan Agreement with the Town. 6.4 The Ministry of Natural Resources offered no objection to the proposal, however, request the lands currently zoned "Environmental Protection (EP)" remain as such since the valleylands and tributary are part of the Ganaraska River Headwaters. ...4 510 REPORT NO.: PD -53 -89 PAGE 4 -- --------- - - - - -- - ®_- .- - - - - -- ----- ® ®__ - - -- -- --.----.--__--_----_----_.-.---.---- 6.5 Staff would note that comments are still outstanding from the following agencies: - Regional Planning Department - Regional Works Department 7. COMMENTS 7.1 Staff have reviewed the application and would note that the area is primary agricultural and non -farm residential use, noting that there is no service station located in the vicinity of the Village of Kendal. 7.2 Inasmuch as the proposal abuts two (2) Regional Roads, Staff cannot provide a recommendation to Committee until such time as comments are provided by the Regional Works Department. 8. RECOMMENDATION 8.1 This report is prepared for the purpose of facilitating a Public Meeting in accordance with the Planning Act requirements. Once all outstanding comments are received, Staff will be in a position to report back to Committee with respect to this application. Respectfully submitted, -------------------------- Franklin Wu, M.C.I.P. Director of Planning & Development CRV *FW *jip *Attach. February 23, 1989 CC: G.M. Sernas & Associates 185 Brock Street North Suite 207 WHITBY, Ontario L1N 4H3 Recommended for presentation to the Committee ---------------- Lawrence Kotseff Chief Admi istrative Officer CC: Veltri & Sons Ltd. 68 King Street W. BOWMANVILLE, Ont. L1N 2H3 De'v. 88� 12 4