HomeMy WebLinkAboutPD-24-94Subject: OFFICIAL PLAN AMENDMENT & REZONING APPLICATION
MATTHEW AND MARY PORORSRI
PART LOT 24, CONCESSION 21 FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 91 -050 AND OPA 91 -044/D
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -24 -94 be received;
2. THAT the application to amend the Town of Newcastle
Comprehensive Zoning By -Law 84 -63 submitted by PMG Planning
Consultants and Engineers on behalf of Matthew and Mary
Pokorski to permit a fuel bar and convenience commercial kiosk
be DENIED;
3. THAT the application to amend the 1991 Durham Region Official
Plan submitted by PMG Planning Consultants and Engineers on
behalf of Matthew and Mary Pokorski to permit a fuel bar and
convenience commercial kiosk be DENIED; and,
4. 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: Matthew and Mary Pokorski
1.2 Agent: PMG Planning Consultants and Engineers
1.3 Rezoning: From "Agricultural (A)" to an appropriate zone
to permit a fuel bar and convenience
commercial kiosk.
1.4 Official Plan Amendment:
From "Major Open Space" to an appropriate
designation to permit a fuel bar and
convenience commercial kiosk.
D30 ....2
RECYCLEP
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PAPER PER YCLE
THIS IS PRIRIED IDN RECYCLED PAPER
REPORT NO. PD -24 -94 PAGE 2
1.5 Site Area: A 1.58 hectare (3.90 acres) site to be severed
from the larger 8.31 hectare (20.54 acre)
holding.
2. LOCATION
2.1 The subject proposal consists of a 1.58 hectare (3.90 acre)
parcel located at the northeast corner of Solina Road and
Highway #2. Should the applicant receive the appropriate
approvals, the applicant would sever this parcel from a larger
8.31 hectare (20.54 acre) holding and retain the balance of
the lands. The application is not situated within a
designated urban or hamlet area. The property in legal terms
is known as Part Lot 24, Concession 2 in the Former Township
of Darlington.
3. BACKGROUND
3.1 On September 9, 1991, PMG Planning Consultants and Engineers
filed an application with the former Town of Newcastle, on
behalf of Matthew and Mary Pokorski, to amend the former Town
of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose
of the application is to change the present "Agricultural (A)"
zoning to a zoning which would facilitate the development of
a gas bar with a 90 m2 kiosk and convenience store on private
services. Penny Fuels of Ajax, Ontario wishes to develop the
site for these purposes.
3.2 An application to amend the Durham Region Official Plan was
filed by PMG Planning Consultants and Engineers on the owners'
behalf on September 10, 1991. The application's purpose is to
change the current "Major Open Space" Official Plan
designation to permit the aforementioned uses.
4. EXISTING AND SURROUNDING USES
4.1 Existing Site Uses: Non -farm related rural residential
....3
REPORT NO. PD -24 -94 PAGE 3
4.2 Surrounding Uses:
East: Vacant agricultural land and forest
North: Rural residential uses
West: Rural residential uses and forest
South: Commercial and residential uses
5. OFFICIAL PLAN POLICIES
5.1 Within the 1991 Durham Region Official Plan, the subject lands
are designated "Major Open Space ". One of the goals of this
designation is for the provision of a continuous open
space separator between urban areas. The predominant uses of
such lands shall be for conservation, recreation,
reforestation, agricultural and farm - related uses. As a
result, the applicant has applied for amendment to the Durham
Region Official Plan.
Gas stations may be permitted in the Major Open Space System
by amendment under Section 16.3.35 subject to the following
requirements:
• the provision of safe access;
• the maintenance of the traffic - carrying capacity of the
adjacent arterial roads;
• the compatibility of surrounding land uses;
• visibility; and,
• preferably being located at the intersection of two
arterial roads.
However, this section has been referred to the Ontario
Municipal Board and is therefore technically not in force.
Discussions with the Durham Region Planning Department have
indicated that the 1976 Durham Region Official Plan policies
remain in effect in this situation. Section 8.3.3.3 states
that local municipal Councils may approve new automobile
....4
REPORT NO. PD -24 -94 PAGE 4
service stations within a specific zoning category without
amendment to the Plan subject to the following criteria:
• That in the opinion of local Council the proposed
location does not create a nuisance to the adjacent
areas;
• That the proposal is abutting an arterial or collector
road as defined in the local plan and that the
appropriate authority grants access; and,
• That the location is not opposite or adjacent to a
school.
5.2 The Official Plan of the former Town of Newcastle is not
applicable to this application as it does not contain policies
covering rural areas.
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A)" by
the Comprehensive Zoning By -Law 84 -63 of the former Town of
Newcastle. Uses permitted in this category include
residential, agricultural, existing cemeteries and places of
worship, conservation and forestry, wayside pits and quarries,
commercial kennels, fur farms, riding and boarding stables,
public fairgrounds, seasonal farm produce sales outlets and
private kennels. As service station commercial uses are not
permitted within this category, the applicant has applied to
rezone the subject lands to facilitate this proposal.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and
requirements of the Planning Act, the appropriate signage
acknowledging the application was erected on the subject
lands. The required notice was mailed to each landowner
within the prescribed distance.
....5
REPORT NO. PD -24 -94 PAGE 5
7.2 Prior to the writing of the Public Meeting report, no written
submissions or counter inquiries had been received. However,
a number of area residents appeared at the Public Meeting on
January 6, 1992 to voice their objections to the proposal.
Their concerns included the following issues:
• proximity of hazardous materials to adjacent residences;
• potential impacts of development on quality and quantity
of ground water in the area;
• decreasing property values;
• noise and hours of operation;
• traffic safety around the curve at Highway 2 and Solina
Road; and,
• need for the proposal in view of the competing
facilities.
A petition signed by 58 adjacent residents was presented at
the Public Meeting and forwarded to the Planning and
Development Department. A copy has been attached for
information purposes.
8. AGENCY COMMENTS
8.1 According to departmental procedures, the application was
circulated to solicit comments from other agencies.
8.2 Comments indicating no objections have been received from the
following agencies:
Municipality of Clarington Building Department
Ministry of Agriculture and Food
Ontario Hydro
8.3 The following agencies have no objections to the proposal
provided that their comments and /or concerns are taken into
consideration:
Municipality of Clarington Community Services Department
Municipality of Clarington Fire Department ....6
REPORT NO. PD -24 -94 PAGE 6
- Municipality of Clarington Public Works Department
Durham Region Health Services
8.4 The Durham Region Planning Department has indicated that the
application requires an amendment to the Durham Region
Official Plan. Their sole request is that the zoning by -law
not be passed until the Official Plan Amendment has been dealt
with.
8.5 The Durham Regional Public Works Department has indicated that
the development will have to proceed on private services as no
Capital Works Plans exist to extend services to this area.
8.6 The Ministry of Consumer and Commercial Relations requires
more information before providing a complete assessment.
However, this request could be accommodated at the site plan
approval stage. The applicant is required to follow the
provisions as detailed in the Gasoline Handling Code, Section
439.
8.7 The Ministry of Environment has no objections to the proposal
based on the initial hydrogeological report and subsequent
revisions prepared in support of the application. The
information has indicated that a sufficient quality and
quantity of ground water is available to meet the needs of the
development. Ground water contamination is also not
anticipated to be a problem.
8.8 The Ministry of Natural Resources has no objections to the
development subject to the following conditions be
incorporated into the site plan agreement:
• That prior to site grading and construction the Ministry
has approved reports documenting erosion and
sedimentation control, site conditions and site grading
plans; ....7
REPORT NO. PD -24 -94 PAGE 7
• That the owner agrees to implement these control
structures and keeps them in good repair; and,
• That the Ministry is notified 48 hours prior to the
initiation of any on -site development.
8.9 The Ministry of Transportation is responsible for
administering access provisions onto this portion of Highway
2. Initially, the Ministry had concerns with the original
property access configuration. As the property is located on
a 5 degree curve on Highway 2 in an 80 Km speed zone, the
original entranceway which was approximately 95 m (310 ft)
east of the centreline of the Highway 2 and Solina Road
intersection was deemed unsafe.
A revised plan was presented to the Ministry for approval
which has moved the access from Highway 2 to approximately 190
m (625 ft) east of the centreline of construction of the
Highway 2 and Solina Road intersection. This access is now
acceptable to the Ministry. Further comments include the
following:
• that any access onto Solina Road must be located at the
north of the property as far away from the Highway 2 and
Solina Road intersection as possible; and,
• that the canopy associated with the gas bar be located
14m from the property line.
It should be noted for Committee's information that the access
from Highway 2 is not on the property as shown on the attached
site plan. An easement over the adjacent lands would be
required to permit the access. In addition, Solina Road is a
local road for which access policies are administered through
the Municipality of Clarington Public Works Department.
....8
REPORT NO. PD -24 -94 PAGE 8
8.10 The Central Lake Ontario Conservation Authority has no
objections to the development based on the recommendations of
the hydrogeological report. As a condition of approval, a
permit to conduct site preparation will be required. The
applicant must ensure that appropriate sediment control is
used to prevent sediment from washing off the site and into
adjacent watercourses.
9. STAFF COMMENTS
9.1 There are several issues relating to the appropriateness of
the proposal's location. The 1991 Durham Region Official Plan
envisions lands within a Major Open Space designation as urban
separators between the Courtice and Bowmanville urban areas.
Section 14.3.23 states that:
"the lands designated as Major Open Space to the east and
west of the Whitby /Courtice /Oshawa urban area form an
integral part of the Major Open Space System and shall be
maintained for its ecological functions and as urban
separators ".
An urban separator provides a rural relief between urban areas
and help to differentiate the Courtice and Bowmanville urban
areas. An introduction of urban type uses into this area
would be contrary to the intention of this policy.
9.2 The proponent has prepared a market study in support of the
application indicating a need for this development. This
proposal appears to primarily serve the travelling public as
well as the immediate vicinity between Maple Grove Road and
Trull's Road. However, the study in its analysis did not
address the existing gas stations within Courtice and
Bowmanville.
While it could be argued that this location would serve the
travelling public, there are many other intervening
....9
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REPORT NO. PD -24 -94 PAGE 9
opportunities within reasonable distances which retail
gasoline and convenience items. In Bowmanville, there are 8
gas stations, some of which offer convenience items, located
throughout the downtown and at interchanges with Highway 401.
In addition, Canadian Tire has plans to construct a gas bar at
its present location on Highway 2. Finally, Courtice has a
total of 3 gas stations to serve the travelling public along
Highway 2.
9.3 Should a gas bar and convenience store be permitted at this
location, pressure may be placed both on these and adjacent
lands to introduce other forms of commercial development.
With the existence of the nursery on the south side,
commercial stripping could occur along this area of Highway 2,
a process which would not be in compliance with the Official
Plan and should therefore not be promoted.
9.4 The entranceway configuration as approved by the Ministry of
Transportation is awkward because the proposal is located
along a curved portion of Highway 2. The long entranceway
required from Highway 2 creates difficulty in gaining access
to the remainder of the property fronting along Highway 2.
This entranceway would either require an easement over the
remaining frontage or clear title to the required strip of
land.
In addition, many patrons may actually miss the Highway 2
entrance completely because it extends so far east of the
actual gas bar location. This could lead to an intensive
utilization of the Solina Road entrance. In addition, people
travelling eastbound on Highway 2 would also utilize the
Solina Road entrance. This may create additional traffic
congestion, safety and noise concerns for residents in
proximity of the Highway 2 and Solina Road intersection.
....10
REPORT NO. PD -24 -94 PAGE 10
9.5 There are a number of abandoned sites along Highway 2 between
Bowmanville and Courtice which are zoned to permit these uses.
The site at the northeast corner of Highway 2 and Holt Road
located approximately 0.5 km east of the subject lands is
zoned for service station commercial uses. A site known as
Fred's Garage on the north side of Highway 2 between Solina
Road and Hancock Road is also zoned for service station
commercial uses. These potential locations should be
investigated first prior to any further redesignation of
additional lands for these purposes.
10. CONCLUSIONS
10.1 Based on the previous comments and overall policy intentions,
it is respectfully recommended that the applications to amend
Zoning By -Law 84 -63 of the former Town of Newcastle and the
application to amend the 1991 Durham Region Official Plan be
DENIED.
Respectfully submitted, Recommended for presentation
Franklin Wu, M.C.I.P.
Director of Planning
and Development
RH *FW *cc
Attachment # 1 -
Attachment # 2 -
Attachment # 3 -
February 24, 1994
to the Co ittee,
Mare Marano, Acting
Chief Administrative Officer
Key Map
Site Plan
Residents' Petition
Interested persons to be notified of Council and Committee's
decision:
Matthew and Mary Pokorski PMG Planning Consultants & Engineers
R.R. #6 95 Bridgeland Avenue
Bowmanville, Ont L1C 3K7 Toronto, Ontario M6A 2V3
Attention: Ms. S. Desautels
Penny Fuels Inc.
339 Westney Road South
Suite 202
Ajax, Ontario L1S 7J6
Attention: Mr. D. McEachran
SUBJECT SITE
OTHER LANDS OWNED : APPLICANT
LOT 26 LOT 25 LOT 24 LOT 23
BLOOR STREET
DARLINGTON
0 KEY MAP .. 10001
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SITE PLAN
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KEY MAP SCALE 1:20
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RELEVANT INFORMATION
NOTES
REVISIONS
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SITE PLAN
OF PART OF LOT 24
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EGIONAL MUNICIPALITY OF OLN.A.
IF. "I
=r
r ATTENTION: MAYOR �IAArF HAMRE Attachment
CC MR. FRANK WiJ
Re: File No. DAV 91 -050
OPA 91 -044
f;
We the undersigned ratepayers wish to make you personally aware of our
concern and objections to the above proposed Amendment to Zoning concerning a
gas station and variety store at the corner of Solina Road and Highway No.2.
This proposed development is considered by us to be undesirable because of:
1. Location of hazardous incendiary material in an essentially residential
area -in the event of an explosion people could be injured or killed and there
could be considerable property damage.
( 2. Effect on area wells could be twofold:
a) installation of this station could cut off our underground springs
leaving our wells dry.
b) possible contamination of wells from toxic substances stored at gas
station .
3. Devaluation of Real Estate in immediate area- could conceivable drop the
value of our homes anywhere from $50.000.00 to $100.000.00. In all honesty,who
would want to live next door to a gas station and variety store.
4. Lower our quality of life- hearing cars and trucks rolling in and out of a
gas station conceivable 24 hours a day would not be most peoples idea of a
good time.
5. Traffic Safety Hazard- There several reasons why we feel this would be a
dangerous location for a gas station, First of all the speed limit here is
80 kilometers. At the present time by actual count there are 24 school buses
,which pass by here in the morning and afternoon carrying our children. There
is also a steady flow of trucks from Oshawa Sand and Gravel, entering and
leaving Solina Road and moving along HWY 2.. Several hundred yards down the road
is Van Belle Nursery which has a steady flow of traffic in and out all day.
In the past this was a very dangerous corner and there were many serious
accidents. The road has been improved since it was widened to 5 lanes, however
it still has the potential to cause problems.
I have consulted with the traffic department in Toronto and there were 13
accidents within 100 meters of this corner since the widening.
We believe with a gas station on this corner that there is the potential
for an increase in accidents and some could be of a very serious nature.
Would such a gas station and variety store be economically viable? Lets
review the historical perspective of gas stations in this area. There has been
over time between Prestonville Road and Maple Grove Road approximately 6
locations and there may be more that originally had gas stations. Today none
of these locations have pumps. They all went out of business for lack of
profit. The Fina Station at Holt Road has been sitting empty for years.
542
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Page 2
Jan 3, 1992
What is the present day reality.
On the Wbt End of the Town of Newcastle
are four gas stations which have baaninwpoeof them alsoehave car washesthese
a
stations are operating 24 hours Y . T
Most of the local residents In Bow anv l myself
them competitive
and are adequate for the area. n B
and they are quite competitive too. When new Canadian Tire Plaza is built,
at some point in time they will have a g PUMP too
The evidence suggest that there is already a surplus of gas stations and a
new one would be totally unnecessary.
PAST GAS STATIONS NOT IN OPERATION TODAY
1. ANDY'S GARAGE, NEAR PRESTONVILLE ROAD.
2. FOOD WORTHS VARIETY, TRULLS ROAD.
3. FREDS GARAGE, BETWEEN SOLINA AND HANCOCK ROAD.
4. FINA STATION, HOLT ROAD
5. URBO ELECTRIC, BETWEEN HOLT AND MAPLE GROVE ROAD.
6. MARIGOLD FORD, BETWEEN HOLT AND MAPLE GROVE ROAD.
What about the profitability of a Variety Store at this location. and
here
The major population in this area it Courtice
Food WorthsdonTTrulls
are 5 variety stores west of Court ce Road
Road a short distance from Courtice Road. T e next major aRoad upning north and
south Prestonville Road has a Checkers Variety
Prestonville Place. The next roatPlaza with storehe
corner of Highway 2 is the West C astle
At the Town Line of Oshawa on the west istanotherrcheckerlvarietynst reeacOn
side of the highway. On the south side
the north side is another variety store called Rave variety store.
These plazas on the east end of Oshawa banand next door in th fast of Newcastle
offer- many services. These range from g
regular restaurants, Loblaws, Zellers, Coin Laundry etc.
I believe the major draw for the people in the Courtice Area will be
westward to these stores and plazas.
The Canadian Tire Plaza to the east is zoned CI and at some point in time
they conceivable could have a variety store.
There are several variety stores in Bowmanville, and I dont see any people
from this location shopping in this store.
I think this gas station and variety store proposed would have about as
much chance to be successful as a snowball in hell.
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