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Home My WebLink AboutPD-3-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: POKORSKI.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File# Late: Monday, January 6, 1991 Res. #(,L 1 1-17c PD-3-92 DEV 91-050 & OPA 91-044 By-Law# �--� Deport#: File#: Subject: REZONING APPLICATION & OFFICIAL PLAN AMENDMENT PART LOT 24, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 91-050 & OPA 91-044 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 3 -92 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 be referred back to Staff for further processing and preparation of a report subsequent pending receipt of all outstanding comments; and, 3 . THAT the 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 "Service Station Commercial (C6) " . 1. 4 Site Area: 1.58 hectares (3 .90 acres) to be severed from a 8.31 hectare (20. 54 acre) parcel 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 nU us i eun co cN aecui i urr rc¢ REPORT NO. PD-3-92 PAGE 2 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 Town of Newcastle, on behalf of Matthew and Mary Pokorski, to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 . The purpose of the application is to change the present "Agricultural (A) " zoning to "Service Station Commercial (C6) " thus facilitating the development of a gas bar with a 90 m2 kiosk and convenience store on private services. 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" designation to permit the aforementioned uses. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Non-farm related rural residential 4 .2 Surrounding Uses: East: Vacant agricultural land and scrub forest North: Rural residential uses West: Rural residential uses and scrub forest South: Commercial and residential uses 5. OFFICIAL PLAN POLICIES 5. 1 Within the existing 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 J70 . . . . 3 REPORT NO. PD-3-92 PAGE 3 space separator between urban areas. The predominant uses of such lands shall be agricultural and farm-related uses (in accordance with Section 11. 2. 3) , conservation and other uses such as reforestation cemeteries, allotment gardens, nursery gardening, golf courses, campgrounds, riding and boarding stables, dog kennels, mink farms and fairgrounds. Recreational uses may also be permitted by the local zoning by-law provided they are compatible with surrounding uses and the intent of the Plan. 5.2 The Town of Newcastle Official Plan 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 Town of Newcastle Comprehensive Zoning By-Law 84-63 . 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. A "Service Station Commercial (C6) " zone would be appropriate in this instance. This category permits development on private services. 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. 7 . 2 As of the writing of this report, no written submissions or counter inquiries have been received. REPORT NO. PD-3-92 PAGE 4 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: Town of Newcastle Building Department Town of Newcastle By-Law Enforcement Department Ontario Hydro 8. 3 The following agencies have no objections to the proposal provided that their comments and/or concerns are taken into consideration: Town of Newcastle Community Services Department Town of Newcastle Fire Department Town of Newcastle Public Works Department Durham Region Health Services 8.4 The Ministry of Consumer and Commercial Relations requires more information before providing a complete assessment. The applicant is required to follow the provisions as detailed in the Gasoline Handling Code, Section 439. 8. 5 Comments still remain outstanding from the following agencies: Central Lake Ontario Conservation Authority Durham Regional Planning Department Durham Regional Public Works Department Ministry of Agriculture and Food Ministry of Environment Ministry of Natural Resources Ministry of Transportation 9. STAFF COMMENTS 9 . 1 Staff have several comments relating to the proposal. The subject site is located within the Oshawa/Newcastle Freeway Link Study Area REPORT NO. PD-3-92 PAGE 5 which is investigating the preferred alignment for a link between Highways 401 and 407. The Ministry of Transportation has indicated that a decision on this matter is forthcoming. 9. 2 Further comments from Staff note that an abandoned service station site which is zoned and designated is located approximately 1680 m (5, 500 ft. ) east of the subject lands on the northeast corner of Holt Road and Highway #2 . 9. 3 The assessment records indicate that Ontario Hydro owns a strip of land along the front portion of the subject site. Comments received from the utility acknowledge that they no 'longer own these lands as of October 30, 1991. 9.4 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and considering the number of outstanding comments, it is respectfully requested that the report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E. Kotseff Director of Planning Chief Admi istrative and Development Officer RH*FW*cc *Attach 11 December 1991 Interested parties to be notified of Council and Committee's decision: Matthew and Mary Pokorski PMG Planning Consultants and R.R. #6 Engineers Bowmanville, Ont. L1C 3K7 95 Bridgeland Avenue Toronto, Ontario M6A 2V3 Penny Fuels Inc. Attention: Ms. S. Desautels 339 Westney Road South Suite 202 Ajax, Ontario L1S 7J6 Attention: Mr. D. McEachran 573 ® SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 26 LOT 25 LOT 24 LOT 23 AS ROA A EP i EP C6 0 c � y ° N v ( Z WqY No a Z a I ��-42 0 = o _ J ' I A_3 ! Z w I c z f ! 0 U � I I f I RC f ! BLOOR STREET DARLINGTON KEY NEAP 5007 O 50o 1000 m Dev. 91 -050 574 2l li 26 J, XEV NA► SCALE r20 000 RELEVANT NFOIWATKIN s!TE OEVaI>:ioN .m %loch/RebM 90.0 O b' • AapnaN/Cerrp<I< bS? IEO L2_@831 e>s Te W Ale Arw i5>66• i60.0 _ y 8 pnanac _ prlell (I ao./30.ml p� 2Sp, � Tolal nor p 3 ap 9 so. J W i �•^I � = W U] r SILL_1!11111'U�� NOTES `\ NOT[ OniE —:Fl it T-I TIT IT l�, I I I I I rrI"f+l�llllll�l . -�•� '�� ® �ICI I I I�Ti'I 711n�111`iililil r I I 111 LU -- Ho. pEVi510N DATE The King's_ Highway No. 2 SITE PLAN PART OF LOT Yt CO CONCEEEI 2 ExiSnNG E x 1 5 i r N G TOWN NEWCASTLE AGp2uE TVpE it L o nl M E p c I A E NEOIONA N N L YNhe To TTT OF DURHAM C—ty O h the TowNMp of ONrWlEton, County of DurMm) mm r \ We 820 CADO "LG>,1441 y S.