HomeMy WebLinkAboutPD-71-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: SCANGA.GPA REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, April 8, 1991 Res. #(
PD-71-91 _ DEV 88-126 By-Law#
Report File #:
Subject: REZONING APPLICATION - NINO SCANGA
PART LOT 19/20, CONC. 2, FORMER TWP. OF DARLINGTON
FILE: DEV 88-126
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report PD-71-91 be received;
2 . THAT rezoning application DEV 88-126 submitted by Nino Scanga on
behalf of Anthony Jacobelli and Mirella Scanga, to permit a fuel
bar and eating establishment be DENIED.
3 . 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: Nino Scanga
1. 2 Owner: Anthony Jacobelli and Mirella Scanga
1. 3 Rezoning: From - "Residential Hamlet (RH) " and "Residential
Hamlet Exception (RH-10) "
To - a zone appropriate to permit the development
of a fuel bar and eating establishment.
1.4 Area: 0 .456 ha ( 1. 126ac)
2 . LOCATION
2 . 1 The subject lands are found in Part of Lot 19 and 20, Concession
2 , in the Former Township of Darlington. The lands in question
consist of two separate, but abutting parcels fronting on the north
side of Highway No. 2 .
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REPORT NO. PD-71-91 PAGE 2
3 BACKGROUND
3 . 1 On November 15, 1988, the Town of Newcastle Planning Department
received an application to amend the Town of Newcastle
Comprehensive Zoning By-Law 84-63, to permit the development of a
motor vehicle fuel bar and an eating establishment. The
application was duly circulated to interested agencies, and a
Public Meeting was held on March 20, 1989 .
3 .2 The Staff report presented at this Public Meeting noted that a
Hamlet Development Plan for Maple Grove was being prepared. As a
result, it was determined that it would be appropriate to review
Mr. Scanga's application when a Maple Grove Hamlet Plan has been
adopted by Council. On January 28, 1991, Council approved the
Maple Grove Secondary Plan.
3 . 3 For information purposes only, it is noted that the western portion
of the property had a Minor Variance Application submitted in 1987 .
This application was to permit a 195 m2 (2100 sq. ft. ) addition to
the existing legal non-conforming commercial workshop. The
Committee of Adjustment granted approval to this application on
June 18, 1987 . Staff would note the addition was not constructed.
4 EXISTING AND SURROUNDING USES
4 . 1 Existing Uses: A single dwelling unit exists on both the
subject properties .
4 . 2 Surrounding Uses : East - existing residential
West - motor vehicle retail sales establishment
South - existing residential
North - active farm operation
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5 OFFICIAL PLAN POLICIES
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5 . 1 The properties, being located within the Maple Grove area, are
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identified as "Hamlet" in the Durham Region Official Plan. It is
noted that in the Durham Region Official Plan, Section 8 . 3 . 3. 3
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REPORT NO. PD-71-91 PAGE 3
permits the establishment of service stations without amendment
to the Regional Official Plan. However, Staff note that
regardless, a modification to the Maple Grove Secondary Plan to
permit a service station would be required if this application is
to be considered for approval .
5 . 2 The Regional Official Plan permits municipalities to delineate the
limits of hamlets and to define the land uses within these hamlets.
With respect to the Maple Grove area, Staff have completed a hamlet
study which Council approved at its January 28, 1991 Meeting.
5 . 3 The Maple Grove Secondary Plan did not deal specifically with Mr.
Scanga's application, but did recognize the current land uses,
proposing a designation of "Existing Residential" .
6 ZONING BY-LAW PROVISIONS
6 . 1 According to the Town of Newcastle Zoning By-law 84-63, the subject
properties are zoned "Residential Hamlet (RH) " and "Residential
Hamlet Exception (RH-10) " . Residential uses are permitted within
both of these zones .
7 PUBLIC MEETING AND SUBMISSION
7 . 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
within the prescribed distance.
7 . 2 A public meeting was held on March 20, 1989 and during this
meeting, three residents voiced concerns about this application.
The concerns included; an increase in traffic, the possibility of
the site becoming an eyesore, and the potential of fuel
contaminating existing wells and septic systems .
7 . 3 In addition, a letter was received by the Planning Department on
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REPORT NO. PD-71-91 PAGE 4
April 3, 1989 from two concerned citizens. It was stated in the
letter that they were opposed to this development for the following
reasons; concern for the safety of children, and a potential
increase in traffic.
8 AGENCY COMMENTS
8 . 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:
- Town of Newcastle Fire Department
- Ministry of Natural Resources
8 .2 The Town of Newcastle Public Works Department requested that this
proposal does not proceed until such time as a site grading plan
addressing the existing watercourse and the proposed grading have
been submitted and reviewed by Works Staff. It has also been
requested that the applicant satisfy the Director of Public Works
financially or otherwise.
8 . 3 The Durham Region Health Department had no objection to the
establishment of a fuel bar on the lands . The Health Department
did request that a site plan showing the tile bed location and a
hydrogeologic assessment including percolation rates will have to
be submitted prior to the approval of the restaurant. At the time
of writing this report these requirements have not yet been
fulfilled.
8 .4 The Central Lake Ontario Conservation Authority will not support
this application until such time as the following concerns have
been adequately addressed: lands will not be prone to flooding; the
proposed development will not negatively impact the water quality
of the adjacent watercourses; assurance that leachate from septic
systems will not adversely impact the watercourses; that a
hydrogeologic assessment be prepared which addresses septic
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REPORT NO. PD-71-91 PAGE 5
loadings for an eating establishment; and that all spills be
contained on site and will not impact the watercourses .
8 .5 The Ministry of Transportation of Ontario have indicated that only
one commercial entrance onto Highway #2 will be permitted and that
permits prior to building may be required from their offices . It
is also noted that the subject lands are located within the
Ministry of Transportation Ontario Study Area for the Highway 401 -
407 connecting link, but not situated along a proposed route
alignment. This being the case, the Ministry had no objection to
this proposal .
9 STAFF COMMENTS
9 . 1 Applicable Hamlet Policies
(i) Both the Durham Region Official Plan and the Town of Newcastle
Official Plan permits commercial development within Hamlets.
The Town Official Plan further defines those commercial uses
permitted. For instance, Automobile Service Stations are
permitted as a commercial use in a Hamlet. However,
restaurants are not mentioned in this listing of permitted
uses .
(ii) The Newcastle Official Plan policies state that Hamlet
Commercial development must be of a "size and character which
are consistent with, and complementary, to the character of
the Hamlet" . Also, the proposal must meet the needs of the
surrounding area residents . Being located on Highway # 2,
this type of commercial development would no doubt attract
commuters and other travellers as well as the local residents.
(iii)Section 9 . 6 of the Town of Newcastle Official Plan also states
that:
"proposals for commercial development
within a Hamlet shall be assessed on their
own merit, bearing in mind the character
of the Hamlet, the existing commercial
uses and the necessity for such use. " . . . .6
REPORT NO. PD-71-91 PAGE 6
Maple Grove is located approximately 2 .4 km ( 1.5 miles) from the
built-up area of Bowmanville. Both restaurants and service
stations can be found in Bowmanville. Considering the abandoned
service station located at the north-east corner of Holt Road and
Highway # 2, Staff must question whether another gas station is
necessary.
9 .2 Maple Grove Hamlet Secondary Plan
(i) The subject lands are located within the suggested boundaries
of the Hamlet of Maple Grove. There presently exists two
residential units on the site. The Secondary Plan recognized
these uses and designated the lands "Existing Residential" .
This Plan noted that eventually, the expansion of the
Bowmanville Urban Area will incorporate Maple Grove. Until
this expansion takes place, the approval of any development
or re-development, would only succeed in interfering with the
efficient re-development of this area to urban standards .
For this reason, it was recommended that no growth occur
within the Hamlet of Maple Grove, with the exception of
limited residential infilling opportunities, and that any new
commercial uses should be encouraged to locate in a designated
Major Urban Area such as Bowmanville or Courtice.
9 . 3 Environmental Concerns
(i) The western portion of the subject land is traversed by a
watercourse. In addition, another watercourse is located
immediately north and east of the properties in question.
Both of these watercourses originate in the northern wetland
forest blocks and both represent headwater tributaries of the
Darlington Creek. It is important that the water quality and
quantity of these tributaries are not adversely affected.
(ii) The Central Lake Ontario Conservation Authority, when
addressing this application, had a number of concerns with
this proposal . The Authority noted concerns with respect to
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REPORT NO. PD-71-91 PAGE 7
potential flooding, impacts of septic leachate, water quality
and quantity degradation, and possibility of seepage of fuel
spills into the water courses. The Authority requested that
a hydrogeologic assessment be completed, that grading plans
be provided and that the drainage and delineation of
floodplain lands be clarified. The applicant has yet to
provide this information and until these issues are addressed,
Central Lake Ontario Conservation Authority cannot support
this proposal .
9 .4 Strip Development
(i) The subject lands abut an existing automobile sales
establishment. Approval of a restaurant and fuel bar would
further extend commercial land use along Highway # 2 thus
creating undesirable strip development. In addition, approval
of this proposal would only succeed in increasing the pressure
for more development of this nature.
(ii) Often strip development precludes the efficient development
of land to urban standards . The Hamlet Plan acknowledges the
fact that at some time in the future, Maple Grove will become
a Neighbourhood of Bowmanville. Approval of this development
will make future urbanization of the surrounding lands
extremely difficult.
9 .5 Outstanding Items
There are a number of outstanding items which have yet to be dealt
with. The grading of the property must satisfy Public Works and
Central Lake Ontario Conservation Authority and a hydrogeologic
report addressing the concerns of Central Lake Ontario Conservation
Authority and the Durham Region Health Department must be
submitted.
9 . 6 Summary
With respect to the above-noted comments and outstanding issues,
Staff can not support this application. . . . .8
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REPORT NO. PD-71-91 PAGE 8
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawren;d'gin-istrative
Kotseff
Director of Planning Chief
and Development Officer
HM*FW*cc
*Attach
20 March 1991
Interested parties to be notified of Council and Committee's decision:
Nino Scanga Mrs . Allen Thompson
16 Griffiths Drive R. R. #6
Ajax, Ontario L1T 3J4 Bowmanville, Ontario L1C 3K7
Christy Johnson Lyn Johnson
R. R. #6 R. R. #6
Bowmanville, Ontario Bowmanville, Ontario L1C 3K7
Anthony Jacobelli Terry Mason
Mirella Scanga R. R. #6
24 Trawley Cres . Bowmanville, Ontario L1C 3K7
Ajax, Ontario L1S 3B9
Mrs . A. Conway Mr. C. Pistritto
R. R. #6 R. R. #6
Bowmanville, Ontario L1C 3K7 Bowmanville, Ontario L1C 3K7
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