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Home My WebLink AboutPD-28-90 TOWN OF NEWCASTLE €' �f N69641.GPA s REPORT File # 0 "5,: ".� Res. PU BLIC MEETING By-Law # MEETING: General Purpose and Administration Committee DATE: January 22, 1990 REPORT #: PD— 28 —90 FILE #: SUB.ECT: REZONING APPLICATION - 669641 ONTARIO LTD. (SALVATORE MASTRANGELO) - PART LOTS 17 & 18, CONCESSION 51 FORMER TOWNSHIP OF DARLINGTON - OUR FILE: DEV 89-21 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 28 -90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Salvatore Mastrangelo on behalf of 669641 Ontario Limited be referred back to Staff for further processing and the preparation of a subsequent report upon 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: Salvatore Mastrangelo 1.2 Owner: 669641 Ontario Limited 1. 3 Rezoning: From "Residential Hamlet (RH) " to a zone appropriate to permit a 800 sq.m. commercial/ retail plaza 1.4 Area: 0 . 93 ha ...2 REPORT NO PD- 28 -90 PAGE 2 2 . LOCATION: 2 . 1 The subject lands are located on the north-east corner of Regional Road No. 4, being Taunton Road and King Street; being Part Lots 17 and 18, Concession 5, in the former Township of Darlington, within the Hamlet of Hampton. 3. BACKGROUND: 3 . 1 On February 28, 1989 the Planning and Development Department received an application to amend By-law 84-63 submitted by Salvatore Mastrangelo of 669641 Ontario Limited. This original application proposed a commercial plaza with nine (9) store units, totalling 1600 sq.m. and nine (9) two-bedroom apartment units . 3 .2 A Public Meeting addressing this application was held on May 15, 1989 . As a result of this meeting, the applicant revised the application. Since this revision was substantially different from the original submission, it was necessary to have another Public Meeting. 4 . EXISTING AND SURROUNDING USES: 4 . 1 Existing Uses: Vacant 4 .2 Surrounding Uses: To the north: New residential development on private services To the south: Open Field To the east: Town of Newcastle Public Works Depot and the Bowmanville Creek To the west: Hobbs Senior Public School and Darlington Arena 5 . OFFICIAL PLAN POLICIES: 5 . 1 Within the Durham Region Official Plan the subject property is located within the designated Hamlet of Hampton. The predominant use of lands shall be for residential purposes, however, limited . . .3 REPORT NO. : PD- 28 -90 PAGE 3 commercial uses serving the hamlet and the surrounding agricultural community may be permitted. 5 .2 The Town of Newcastle Official Plan will permit limited commercial uses within a Hamlet. However, the commercial uses must be of a size and character which are consistent with and complimentary to the Hamlet. The uses shall meet the needs of the residents within the Hamlet and surrounding areas. 5 . 3 On November 1, 1989, Durham Regional Council approved the Hampton Secondary Plan. According to this Plan, the subject property is designated "Residential Infilling" . If this application is approved at some future date, the Town will initiate an amendment to the Official Plan. 6 . ZONING: 6 . 1 Schedule 7 of the Town of Newcastle Comprehensive Zoning By-law 84- 63 reveals that the subject property is zoned "Residential Hamlet (RH) " . Land so zoned shall be predominantly used for residential purposes . 7 . PUBLIC MEETING AND RESPONSE: 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 During the Public Meeting held on May 15, 1989, Mrs. Jane Smith, 5113 Old Scugog Road, Hampton, Ontario, LOB 1JO, presented a petition with approximately 150 names, objecting to the proposed development. She was concerned about the strain the project would . . .4 �� 3 REPORT NO. : PD- 28 -90 PAGE 4 create on the water table and the creek. She also noted that this proposal would increase traffic close to the public school. 7 . 3 As of the writing of this report, no written objections, other than the petition, have been received. 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 Community Services Ontario Hydro Northumberland & Newcastle Public School Board 8.2 A number of agencies did not object to the application in principle, however, these agencies did offer some comments which will be taken into consideration during Staff's review of this application. The Town of Newcastle Public Works Department has approved the Lot Grading/Site Drainage Plan, however, the applicant/owner is still required to contribute to the cost of reconstructing King Street, and the owner/applicant will bear the costs of any works necessitated by this development on King Street. In addition, a road widening at the corner of King Street and Regional Road No. 4 shall be dedicated to the Town. Durham Region Works Department requested that: a 3 .05m road widening be required along the property's Regional Road No. 4 frontage; a 19m x 7m site triangle be created; a 0.3 metre reserve be placed along Regional Road No. 4 frontage; that the southern . . .5 REPORT NO. : PD- 28 -90 PAGE 5 King Street access be located not closer than 20m from Regional Road No. 4; and that a site plan indicating the proposed accesses be submitted to the Region at the time of development. Some of these requirements have been met, however, the Works Department has yet to submit comments for the revised plan. Durham Region Health Department stated that they have no objection to this proposal provided that "only low water usage businesses are located in the proposed plaza" , and that "daily sewage flow must not exceed 4500 litres ( 1000 gallons) " . Central Lake Ontario Conservation Authority also offered no objection, however, would note that the application is subject to Ontario Regulation 161/80 and approval from the Authority is required prior to any filling or grading on this site. The Ministry of Natural Resources had no objection to the proposal in principle, however, requested that erosion control measures be used throughout the grading and construction period in order to ensure that no sediments are carried out to the Bowmanville Creek watercourse. 8 . 3 The Town of Newcastle Fire Department noted a concern with the proposal, indicating that the growth of areas serviced by Station #1 are strained, and it may be difficult to maintain a high level of service to this area. 8.4 Staff would note that the following agencies have not submitted comments to the revised proposal to date: Durham Region Planning Department Durham Region Works Department Ministry of the Environment . . .6 REPORT NO. : PD- 28 -90 PAGE 6 9 . STAFF COMMENTS: 9 . 1 Staff note that this application has been substantially revised since the public meeting held on May 15, 1989 . The original application had 1600 sq.m. of commercial/retail area and nine (9) residential units. Since this meeting, the application has been revised to delete the residential units and reduce the commercial/ retail area to 800 sq.m. (8,640 sq.ft. ) . 9 .2 Section 9 of the Town of Newcastle Official Plan requires the applicant to submit a Hydrogeologic Study based on test drilling to prove adequate, potable water is available, soil conditions are suitable for private waste disposal system, and that contamination between water and septic system is limited. We are awaiting the applicant to submit this report to enable Staff to evaluate this proposal properly. 9 .3 Staff request that the applicant/owner provides adequate fencing to the satisfaction of the Planning Department. 10 . RECOMMENDATIONS: 10 . 1 The purpose of this Report is to facilitate a Public Meeting in accordance with the Planning Act. In view of several outstanding issues as noted above, Staff would respectfully recommend that the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E,: Kotseff, M.C. I .P. Director of Planning Chief Admibn} strative Officer and Development HM*FW*jip January 9, 1990 REPORT NO. : PD- 28 -90 PAGE 7 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: 669641 Ontario Limited c/o S. Mastrangelo 1920 Stevenson Road North OSHAWA, Ontario L1H 7K4 Harry Zosik 4520 Anderson Street R.R. #1 BROOKLIN, Ontario LOB 1C0 Jane Smith 5113 Old Scugog Road HAMPTON, Ontario LOB 1J0 � f SUBJECT SITE LOT 16 LOT 17 LOT 16 RH A- 1 =� AI If � ' \ C3 I RH5 � W EP V � .. RH 1 RH A �., RH . _ EF, , ag) REGIONAL ROAD 4 TAUNTON RD. t- C6_4 O 50 *0 ZOO 300M KEY MAP Dev. 89-21