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HomeMy WebLinkAboutPD-20-91 TOWN OF NEWCASTLE DEV90093 REPORT File # �'a , k�,, a Res. # By-Law # P U B L I C M E E T I N G MEETING: General Purpose and Administration Committee DATE: Monday, January 21, 1991 REPORT #: PD-20-91 FILE #: DEV 90-093 (X-REF 18T-90048) SUBJECT: REZONING AND SUBDIVISION APPLICATION - P. L. LEE INVESTMENTS LTD. PART LOT 25 AND 26, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-093 (X-REF 18T-90048) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-20-91 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Engineering International on behalf of P. L. Lee Investments Ltd. be referred back to Staff for further processing. 3 . THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1. APPLICATION DETAILS 1 . 1 Applicant: P. L. Lee Investments Ltd. 1 . 2 Agent: Engineering International 1 . 3 Rezoning Application: from "General Industrial (M2) " to "Light Industrial (M1) " to permit the development of an industrial subdivision and eliminate outside storage as a permitted use. 1 .4 Subdivision Application: to permit the development of a 41 lot industrial subdivision. 1 . 5 Land Area: 19 . 27 Ha (47 . 58 Acres) .) J I . . .2 REPORT NO. : PD-20-90 PAGE 2 2. LOCATION 2 . 1 The subject property is located in Part Lot 25 and 26, Broken Front Concession, former Township of Darlington. The property is a somewhat triangular shaped parcel of land located on the south side of Baseline Road, west of Solina Road and north of the Canadian Pacific Railway. The southern third of the property is currently bisected by an Ontario Hydro easement running parallel with Baseline Road. 3. BACKGROUND 3. 1 The subject rezoning application was received by the Town of Newcastle Planning and Development Department on November 20, 1990 . The related subdivision application was forwarded to the Town from Regional Planning on December 4, 1990 . The application for zoning by-law amendment proposes to rezone the northern portion of the applicants holdings from "General Industrial (M2) " to "Light Industrial (M1) " . The applicant is proposing to create a more 'prestige' industrial development and therefore wishes to eliminate "outside storage" as a permitted use. Through the subdivision application the proponent is proposing to develop 41 industrial lots in compliance with the "M1 " minimum lot area and lot frontage requirements of 4000 mz and 30 m. respectively 3 . 2 The subject lands are in the South Courtice Industrial area which is currently not serviced by municipal water or sanitary sewer. In light of this the applicant has submitted a Preliminary Geotechnical Investigation Report in support of the applications. The subject lands also fall within the Ministry of Transportation's "Oshawa/Newcastle Freeway Link Route Planning and Environmental Study Area" (Schedule 3 and 4) . 4 EXISTING AND SURROUNDING USES 4 . 1 The existing site is currently occupied by a single family - dwelling unit and accessory farm structures (to be removed) , the balance of the lands are vacant with limited vegetation as the land has been used in agricultural production. . . . 3 REPORT NO. : PD-20-90 PAGE 3 4 .2 Surrounding land uses are as follows: South: the Canadian Pacific Railway, south of the tracks, the lands to the southeast are vacant, while the lands to the southwest are occupied by B.F. I . , further south is the 401 Highway; East: vacant agricultural land with a residence; North: limited industrial (Durham Bumper Service) , vacant agricultural land and limited residential; West: The B.F. I. site as well as existing industrial operations on Courtice Court. 5 PUBLIC MEETING AND RESPONSE 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 appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance. As of the writing of this report no letters of objection or concern with regards to the applications have been received. 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated "Industrial" . In accordance with the Plan policies Industrial areas shall be fully serviced by municipal water and sewage systems prior to industrial development occurring. However, limited development may occur prior to the availability of municipal services if the industry is of a dry nature. In accordance with the policies, the applicant is required to provide an engineering report, indicating that there is an adequate supply of potable water, the method to be used for adequate fire protection, and that the soil conditions shall permit the installation of a temporary waste disposal system in compliance with the Ministry of the Environment standards, as administered by the Health Department. 1 . . .4 REPORT NO. : PD-20-90 PAGE 4 6 .2 The individual uses of the proposed lots can not be determined at this stage, however, conditions would be imposed through the subdivision agreement in terms of all future development being of a 'dry nature' . The applicant has submitted a preliminary Hydrogeological Report, however both the Fire Department and the Health Department have requested further information to adequately address the issue of water for fire protection, soil conditions and water supply. 7 ZONING 7 . 1 The current zoning on the subject property is "General Industrial (M2) " and "Light Industrial (M1) " . The proposed lots would appear to comply to both lot frontage (30 m) and lot area (4000 m 2) requirements of the current zones . 8 AGENCY COMMENTS 8. 1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. To date comments remain outstanding from Regional Public Works, Ministry of Transportation, Ministry of the Environment, Ontario Hydro, and the Canadian Pacific Railway. 8 .2 The Town of Newcastle Public Works Department has advised they have no objection with the principle of development subject to the applicant satisfying various conditions of approval . All internal streets must have a minimum 26 .0 m. wide R.O.W. and be constructed to an urban standard; that the appropriate road widening and 0. 3 m. reserves be dedicated to the Town on Baseline Road and Solina Road; that the applicant bear the costs ( 100%) of any works on Baseline Road which are required as a result of this development; that the applicant reconstruct Solina Road to Town standards from Baseline Road southerly to the limit of this development; that the applicant/owner provide the Public Works Department with a Master Drainage Study and Lot Grading Plan satisfactory to the Director; and that all other standard Town conditions be applicable. . . .5 REPORT NO. : PD-20-90 PAGE 5 8. 3 The Ministry of Natural Resources has no objection to the application for zoning by-law amendment, however they have identified a resource concern in terms of the subdivision application. The subject lands are located close to a tributary of the Tooley Creek. The Ministry is concerned with the protection and/or conservation of fisheries habitat and therefore request proper stormwater management and erosion and sediment control activities measures be placed on site by the proponent both during and after construction. In order to ensure this occurs the Ministry recommends the owner prepare a preliminary stormwater drainage and erosion control report for the review of both this Ministry and the Conservation Authority. 8 .4 The Central Lake Ontario Conservation Authority has advised that the subject lands are, for the most part, situated within the Tooley Creek watershed. Authority Staff wish to reserve comment on development proposals within this watershed until the issue of post-development stormwater run-off has been resolved. To date, no indication that a watershed based stormwater management study will be initiated in the near future has been provided. The Authority considers the applications premature at this time. 8 .5 The Health Department have advised that prior to commenting on the subject application the applicant is required to provide the following information. Two copies of a lot servicing plan; results of a soil sampling program to the specifications of the Health Department; an existing and final grading plan, indicating lot drainage patterns; a hydrogeological report and environmental impact study of the proposed site and adjacent water supplies; positive comments from the Ministry of the Environment must be received pursuant to its 'Reasonable Use Policy 15-08" ; lot sizes will be determined by the "Lot Size Policy" ; and drilled wells are required in accordance with the "Drilled Well Policy" . 8. 6 The Region of Durham Planning Department has advised that in . . .6 � ; , ' REPORT NO. : PD-20-90 PAGE 6 accordance with Section 8 .4. 3 .2 of the Durham Plan, limited Industrial development may be permitted prior to the availability of municipal services if the industry is of a dry nature. The development is also required to provide adequate fire protection, water supply and sewage disposal. An engineering report is to be submitted to ensure these concerns are addressed. 8 .7 The Town of Newcastle Community Services Department has reviewed the applications and have no objection subject to a 2% cash-in- lieu of parkland dedication being received. The Town of Newcastle Fire Department has advised they have concerns with the intent of developing this industrial subdivision, with an area of this size on private services . It is requested that the applicant discuss a means to provide adequate private water supply for fire protection with the Fire Department. 9 STAFF COMMENTS 9 . 1 The subdivision application proposes to create 41, approximately 4000 m2 ( 1 acre) industrial lots . The rezoning application wishes to eliminate outside storage as a permitted use and zone the total lands "M111 . Various concerns have been raised from commenting agencies such as the Ministry of Natural Resources and the Central Lake Ontario Conservation Authority indicating the applications are premature. As well comments requiring further information be provided and revisions to the plan have been expressed by the Durham Health Department, the Town Public Works Department and the Fire Department. 9 . 2 In addition to these comments or concerns the application is located within the Ministry of Transportation identified 407 connecting link study area with, the subject property being bi- sected by alternative 2 . Staff does not believe the merits of the land use application can be properly addressed until such time a preferred alternative is selected by the Ministry. f . . .7 REPORT NO. : PD-20-90 PAGE 7 9 . 3 The Town of Newcastle Planning Staff are currently undertaking a review of the Town's Official Plan Industrial policies. The review proposes to introduce distinctive land use designation policies . These designations will be further detailed through revised land use schedules . The review also proposes to put forth comprehensive zoning by-law changes in keeping with the proposed land use designations . 9 . 4 In consideration of the above comments Staff does not consider it appropriate to proceed with either application until the Ministry has identified their preferred alternative and the Town has completed its Industrial review. 9 CONCLUSION 9 . 1 The purpose of this report is to facilitate the Public 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 recommend 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 . Respectfully submitted, Recommended for presentation to the Committee - Franklin , .C. I .P. Lawrenc Kotseff DIrector of Planning Chief A istrative and Development Office CP*FW*cc *Attach 11 January 1991 Interested parties to be notified of Council and Committee's decision: P. L. Lee Investments Ltd. Engineering International 18 Mossgrove Trail 111 Elizabeth Street, 12th Floor WILLOWDALE, Ontario M2L 2W3 TORONTO, Ontario M5G 1P7 ) I / SUBJECT SITE 31 30 29 28 27 26 25 24 23 22 21 REGIONAL RD.22 BLO R ST. i I A I I I -- o o I I Q° Z l o r 0 Q I Qo ; ' 0 0 � i x cr cl: w JO (f) Z J_ = w I r ' D I O 1 Z 1 J z � Z V I I EP Z 1 N D 1 Z i C.P.R., 1 i I cr I 0 2 BA 1 LIN V E I M A-19 I H�1 r V M2 M�( HWY N° 40! 0 M2 1 Z MI 1 V t 1 1 EP I (�)M 2.QS ocr ' (H)M Al E- A (H) 2 1 o 0 llp A CAR LL. 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