Loading...
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 E 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 J3/ 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 .. Dev. 9 1 �05 7 z 0 w 0 z 0 ic I SITE PLAN OF PART OF LOT 24 co-E.... I To" OF HEWCASTLE EGIONAL MUNICIPALITY OF OLN.A. IF. "I =r KEY MAP SCALE 1:20 000 RELEVANT INFORMATION NOTES REVISIONS ic I SITE PLAN OF PART OF LOT 24 co-E.... I To" OF HEWCASTLE 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 'r 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. 4� ' --- ' ---------- �a '* - .`* / � ��J ' - ^)^t^f /