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Home My WebLink AboutPD-143-89DN: Veltri Wo TOWN OF NEWCASTLE REPORT File # 6- o, J, 6-- V(cl, Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, June 19, 1989 REPORT #: PD-143-89 FILE #: DEV 88-124 SUBJECT: APPLICATION FOR REZONING - VELTRI AND SONS LTD. PART LOTS 7,8 AND 9, CONCESSION 6, FORMER TOWNSHIP OF CLARKE. .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-143-89 be received; 2. THAT the application for rezoning submitted by Veltri and Sons Ltd. to permit a fuel bar, be approved; 3. THAT the amending by-law be forwarded to Council for approval, and the "Holding" symbol be lifted once the Site Plan Agreement has been executed; and 4. THAT those persons, on the list attached hereto be so advised of Committee and Council's decision. 1. BACKGROUND 1.1 On March 6, 1989, Committee considered Staff Report PD-53-89 in consideration of an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63. The application would amend the existing "Agricultural" zoning to permit the development of a fuel bar and service station. - 1- 564 ...2 REPORT NO.: PD-143-89 PAGE 2 1.2 The subject property is 1.8 hectare of a larger 74.20 hectare parcel, located on the southeast corner of Regional Road 9 and Regional Road 18, being part of lots 8 and 9, Concession 6, former Township of Clarke, in the Hamlet of Kendal. 1.3 Committee endorsed Staff recommendation to refer the application back for a subsequent report pending receipt of outside agency comments. 2 PUBLIC MEETING AND SUBMISSION 2.1 Pursuant to the requirements of the Planning Act, a Public Meeting was held on March 6, 1989. 2.2 Mr. Nick Boothman, appeared before Committee in opposition to the proposal, stating that the approval of the gas station would ruin the aesthetics of the area. Mr. Bootham. ownes 130 acres north of the proposed site. 2.3 Mrs. Van Der Veen who also appeared before Committee, owns a 10 acre parcel to the east of the proposed site. Mrs. Van Der Veen is concerned that the fumes and gas leakage would contaminate the adjacent river. 2.4 Staff have received a letter of objection from Mr. & Mrs. Youngman, whose property abuts the subject lands to the south. The Youngman's are concerned with contamination of the well as a result of runoff, spills and the leakage of gasoline storage tanks. They are also concerned with the increase in traffic and related hazard on area. 2.5 In addition to the foregoing, Staff have received a number of telephone and counter inquiries. Most of the concerns relate to the traffic problems and the necessity of gas bar/service station in the village. ...3 r, Z F- J U J PAGE 3 3.1 As stated in the previous planning report PD-53-89, there were no objections from any of the circulated agencies although comments were outstanding from Regional Works and Regional Planning. These agencies have now provided their comments which are summarized as follows: 3.2 The Region of Durham Planning Department noted that the subject site is designated "Major open Space in the Durham Region Official Plan. Section 8.3.3.3 states that existing and new service stations may be permitted without an amendment to the Plan provided that the local council is satisfied it is located in an area which does not create a nuisance to the adjacent residential uses, and that it is located abutting an arterial or collector road and that such uses are not adjacent to school sites. The Region noted that the proposal would be considered with this context. 3.3 The Region of Durham Works Department will only allow access onto Regional Road 9 at the east limit of the site. one proposed access must comply with the Region's Entranceway Policy for commercial establishments. The applicant must supply the Works Department with site plans for approval. 4 STAFF COMMENTS 4.1 Staff have reviewed the proposal with respect to the criteria noted in the Durham Region official Plan. The Plan indicates that the uses shall not create a nuisance to adjacent uses. Staff would note that the lands to the south, north and east are currently vacant. Lands to the west are zoned as "Residential Hamlet (RH)". The lands which are zoned I(RH)I, at the south west corner of Regional Road 9 and Regional Road 18 are currently vacant, although building permits for the lands would be available, subject to the submission of the relevant applications. ...4 566 4.2 There is a school site in the vicinity of the proposed site, however the elementary school is currently closed, and is not intended to be reopened within the near future. 4.3 The site is located on the corner of two major arterial roads. These Regional roads carry the majority of traffic across the northerly portion of the Region, particularly during the summer months and therefore appears to be a reasonable location for a gas bar and service station. 4.4 Staff is of the opinion that the proposal represents a reasonable usage of land within a hamlet area and does not offend any of the policies noted in the Durham Region official Plan. The applicant will be required to enter into a Site Plan Agreement with the Town of Newcastle, to address such matters as landscaping, fencing, screening etc. 4.5 Accordingly, Staff respectfully recommend that the application for rezoning, to permit the motor vehicle fuel bar and service station be approved with a Holding Prefix, which will be removed by such time as the Site Plan Agreement has been executed. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning & Development CRV*FW*cc *Attach. May 26, 1989 Recommended for presentation to the Committee ---------------------------- Lawrence E. Kotseff Chief Administrative Officer NW" The Purpose and Effect of 89- is to amend Zoning 84-63, as amended, of the Tmmz of Newcastle by changing the zone designation of the lands identified by Schedule nD/' hereto from "Agricultural (A)w to "Holding - Service Station Commercial The ao6ieot would permit the development of a motor vehicle service station. [-/0 J U U REPORT NO.: PD-143-89 PAGE 5 --------------- ------------------------------------------- ------------------ Interested parties to be notified of Committee and Council's decision: Veltri and Sons Ltd Mrs. VanDerVeen 68 King St. West R.R. #1 BOWMANVILLE, ONTARIO NEWTONVILLE, Ontario LLN 2H3 LOA DO G. M. Sernas & Associates Ltd. Mr. Nick Bootham 185 Brock St. N., R.R. #1 Suite 207 KENDAL, Ontario WHITBY, Ontario LOA 1EO LlN 4H3 Mr. & Mrs. Robert Youngman Julian Rowan General Delivery R.R. #1 KENDAL, Ontario NEWTONVILLE, Ontario LOA 1EO LOA DO Gerry Klein Mr. Don Prout, General Delivery R.R. # 1 KENDAL, Ontario KENDAL, Ontario LOA 1EO LOA 1EO DN: A /HC6 THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 89- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule 113" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Holding - Service Station Commercial ((H)C6)" Zone as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1989 BY -LAW read a second time this day of 1989 BY -LAW read a third time and finally passed this day of 1989. W MAYOR CLERK This is Schedule- REGIONAL to . • passed N71°37 10 °E - 1989 ® ZONING CHANGE FROMIAI TO'(H)C6' 0 10 20 40m Mayor 10m 5 0 Clerk 0 KENDAL i LOT 10 9 A -A REGIONAL I ROAD RH 8 REGIONAL ROAD 9 ti N71°37 10 °E - ----- - - - - -- z ---- - - - - -- A 0 a0ti N I I � I IUN Oa I I cv LU °w I 3 ui 1 ° O J Z I Ig m W 0 W W a I pz z co 1 z W I I1 -C N71 37 10 E 1100! 0 I o _ I J �-- 2.94 � I i a o LOT 9 CONC, 6 0 ® ZONING CHANGE FROMIAI TO'(H)C6' 0 10 20 40m Mayor 10m 5 0 Clerk 0 KENDAL i LOT 10 9 A -A REGIONAL I ROAD RH 8 ti z P ) A u CO II EP I_ �a A H ,z U I y z W 4i %AA1 RH i� A li z 1 0 it U I li - A 60m 0 60 100 200 300m