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HomeMy WebLinkAboutPD-134-90 TOWN OF NEWCASTLE OODYEAR �� t REPORT File #6, 0 ., 3 Res. # By-Law # NESTING: General Purpose and Administration Committee DA-E: April 23, 1990 REPORT #: PD- 134-90 FILE #: DEV 88-119 Ci. REZONING APPLICATION PART LOT 31, CONCESSION 1, FORMER TOWN OF BOWMANVILLE 83 QUEEN STREET - GOODYEAR OF CANADA INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 134-90 be received; 2 . THAT rezoning application DEV 88-119 submitted by Goodyear of Canada Inc. to permit the widening and upgrading of the existing access known as Devitt's Lane be APPROVED; 3 . THAT the amending by-law be passed at such time as the applicant has entered into a site plan agreement with the Town, has purchased Devitt's lane from the Town, and has satisfied the Director of Public Works financially and otherwise. 4 . THAT a copy of this report be forwarded to the Region of Durham Planning Department; 5 . THAT the Region of Durham Planning Department and those interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Goodyear of Canada Inc. 1.2 Owner: Goodyear of Canada Inc . - . . .2 �) J .. REPORT NO. : PD- 134-90 PAGE 2 1. 3 Rezoning: From: "Urban Residential Type One (Rl) " To: "General Industrial Exception (M2-10) " 1.4 Area: 913 . 6 m2 (9834 sq. ft. ) 2. LOCATION 2 . 1 The subject property is located in Part Lot 12, Concession 1, former Town of Bowmanville, otherwise known as 83 Queen Street and Devitt's Lane. 3. BACKGROUND 3 . 1 On November 9, 1988, the Planning and Development Department received an application submitted by Mr. Angelo Centofanti on behalf of Goodyear, of Canada Inc . to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. 3.2 Goodyear has purchased the property known as 83 Queen Street. Presently a single family house and an accessory building occupy this site. Both these structures are vacant and proposed to be demolished. Goodyear is currently negotiating with the Town to close and purchase Devitt's lane. It is intended that both the residential property and the road allowance will be used to improve an entrance way to the Goodyear Plant including landscaping and fencing. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Single family residence and open road. 4 .2 Surrounding Uses: East: Residential West: Residential South: Goodyear Plant North: Residential . . . 3 �. � r REPORT NO. : PD-134 -90 PAGE 3 5 . OFFICIAL PLAN POLICIES 5 . 1 According to the Town of Newcastle Official Plan, the subject lands appear to be designated "Main Central Area" . The predominant use of lands designated as such shall be for shopping, personal and business services, offices, residential, social, cultural and recreational activities . However, Section 16.6 .5 of the Durham Region Official Plan permits the "expansion or enlargement of uses which do not conform to the designations and provisions of this Plan" and that "Councils . . . . may zone to permit the continuation, expansion or enlargement of existing uses" . In consideration of these policies, the application complies with the Official Plan. 6 . ZONING 6 . 1 The parcel in question is zoned "Urban Residential Type One (R1) " . Lands so zoned shall be used for residential purposes. The applicant intends to amend the zoning by-law to "General Industrial Exception (M2-2) " zone to permit a private entrance to the Goodyear Plant. 7 . PUBLIC NOTICE AND SUBMISSIONS 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 On February 6, 1989, a public meeting was held in which this application was addressed. At the meeting, Mrs . Beverly Ferguson (85 Queen Street) requested that Goodyear be responsible for the erection and maintenance of fencing which abuts her property. Mr. Bill Whyte (79 Queen Street) stated at the meeting that although he supported Goodyear's amendment, he was concerned that his access . . .4 J , REPORT NO. : PD-134 -90 PAGE 4 to the back of his lot would be affected by this change. No other people spoke in support of, or in opposition to this application at the public meeting. 7 . 3 Letters have been received from Mrs. Beverly Ferguson. In these letters she was concerned about what types of safety measures will be taken, and she requested that she be notified of any meetings and/or decisions regarding this application. 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 Durham Regional Health Unit Ministry of Natural Resources 8 .2 The remaining circulated agencies had no objection to the application provided that their concerns are dealt with. The Town of Newcastle Public Works Department did not object to the application provided that: - Goodyear initiate and execute a road closure of Devitt's Lane; apply for an access permit; provide a performance guarantee for any works on the Queen Street road allowance; that a site plan application be submitted and approved by the Director of Public Works; and that Goodyear satisfy the Public Works Department, financially or otherwise. Durham Regional Planning Department has no objection provided that the Zoning By-law will permit only the landscaping and parkland uses that are associated with the proposed access . . . .5 REPORT NO. : PD-134 -90 PAGE 5 Central Lake Ontario Conservation Authority noted that the site is subject to Ontario Regulation 161/80 and that written permission from the Conservation Authority must be obtained prior to any filling or grading on the site. 9 . STAFF COMMENTS 9 . 1 This proposal will not only direct truck traffic away from Bowmanville Senior Public School, but will upgrade the existing plant access making it more accessible and aesthetically pleasing. For these reasons, Staff have no objection to this application to amend the zoning by-law. 9 .2 Staff note that Mrs . Beverly Ferguson's concerns can be dealt with when the site plan agreement is prepared. 9 . 3 It should be noted that an amending by-law will not be forwarded to Council until such time as the Director of Public Works is satisfied that Devitt's Lane has been closed and conveyed to Goodyear, and the site plan agreement is registered. 10. CONCLUSION Considering the above noted comments, Staff respectfully recommend that this application be APPROVED, and that the amending By-law will be forwarded at such time as the issue of road closure is disposed of by Council, and that the site plan approval is granted. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E,. otseff Director of Planning Chief Adm strative and Development Officer t HM*FW*cc *Attach 5 April 1990 - c ;i . . . . 6 REPORT NO. : PD- 134-90 PAGE 6 Interested parties to be notified of Council and Committee's decision: Nathan Casteel Goodyear Canada Inc . 45 Raynes Avenue BOWMANVILLE, Ontario. L1C 1J3 Beverly Ferguson 85 Queen Street BOWMANVILLE, Ontario L1C 1M5 Bill Whyte 79 Queen Street BOWMANVILLE, Ontairo L1C 1M5 Pat O'Hagan Goodyear Canada 10 Four Seasons Place ETOBICOKE, Ontario M9B 6G2 Angelo Centofanti Goodyear Canada Inc . 45 Raynes Avenue BOWMANVILLE, Ontario. L1C 1J3 = SUBJECT SITE ® LANDS OWNED BY GOODYEAR LOT 13 LOT 12 LOT II (N)M1 / y�. CONCESS STREET yiy o EP �,. ? Ri c, h y. i " '? 7 9 I I u LIBERTY R1 ' % •R�/? CAR IS E WE. I N St. W Rr RA/? W �RF I Q STRIKE AVE. 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