HomeMy WebLinkAboutPD-348-90 TOWN OF NEWCASTLE
, REPORT f{ f`t
DN: DEV90088 File
Res. #
By-Law #
P U B L I C M E E T I N G
MEETING: General Purpose and Administration Committee
DATE: Monday, December 3, 1990
REPOT #: PD-348-90 FILE #: DEV 90-088 (X-REF OPA 90-93/N)
a ECT: REZONING AND SITE PLAN APPLICATION - PETRO CANADA INC.
PART LOT 31, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 90-088 (X-REF O.P.A. 90-93/N)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-348-90 be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law 84-63, as amended, submitted by Petro Canada Inc. be
refered 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: Petro Canada Inc.
1.2 Official Plan Amendment: from "Residential" to "Special Purpose
Commercial.
1. 3 Rezoning Application: from "Urban Residential Type ' One (R1) "
and "Environmental Protection (EP) " to an
appropriate zone to permit the development
of a fuel bar.
1.4 Site Plan Application: to permit the development of a self serve
fuel bar.
1.5 Land Area: 3197 m2 (0 . 789 Acre) . . .2
REPORT NO. : PD-348-90 PAGE 2
2. LOCATION
2 . 1 The subject property is located in Part Lot 31, Concession 2,
former Township of Darlington more specifically on the north west
corner of Highway No. 2 and Trulls Road. The property is
municipally known as 2840 Trulls Road.
3. BACKGROUND
3 . 1 The subject rezoning and site plan application was received by the
Town of Newcastle Planning and Development Department on October
5, 1990 . The related Official Plan Amendment file was not received
until November 2, 1990. The applications have been circulated
concurrently to the various commenting agencies in order to
expedite the review process.
3 .2 The applications as submitted propose to redesignate and rezone
the subject lands to permit the development of a self serve fuel
bar with two access points on Highway No. 2 and one access to
Trulls Road. The proposal is to develop the table land portion of
the subject property with minimal encroachment on the existing top-
of-bank at the north end of the site.
4 EXISTING AND SURROUNDING USES
4 . 1 The existing site is curently vacant although it is occupied with
some large trees . The lands slope to the north and are traversed
by a tributary of the Black Creek.
4.2 Surrounding land uses are as follows:
South: Highway No. 2 a convenience commercial facility and
existing residential fronting on Highway No. 2;
East: Trulls Road and an existing commercial establishment and
place of worship;
North: a place of worship and limited existing residential
fronting on Trulls Road;
West: limited existing residential fronting of Highway No. 2 .
.3
REPORT NO. : PD-348-90 PAGE 3
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 objections or concerns 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 "Residential" and "Major Open Space" with indications
of "Environmentally Sensitive Areas" . The residential policies
state that the predominant use of land shall be for housing
purposes . In addition, limited retail and personal service uses
may be permitted in Residential Areas as an exception, subject to
the inclusion of appropriate provisions in the respective
restricted area by-law (zoning by-law) . In accordance with the
"Special Purpose Commercial Area" policies, existing and new
automobile service stations shall be zoned by Council of the
respective area municipality, without amendment to this plan,
provided that in the opinion of the local Council, the location
does not create a nuisance to adjacent residential areas, they are
located abutting an arterial road and such locations are nor
adjacent or opposite schools . The application would appear to
comply.
6 .2 Within the Town of Newcastle Official Plan (Courtice Urban Area)
the subject lands are designated "Residential" and "Major Open
Space with Hazard Land" . The residential designation allows
housing as the predominant use within said designation. In
accordance with the Official Plan policies the Major Open Space
system is to be delineated as those lands below the topographic
break in slope of the associated Creek. The Hazard Land policies
state that lAndg dAsTanated as such s a e primari z tor t o
. . . .4
REPORT NO. : PD-348-90 PAGE 4
preservation and conservation of the natural land and/or
environment. Development and redevelopment of these lands shall
be subject to the regulations of CLOCA and MNR. The proposed fuel
bar use would not appear to be permitted within the existing
designations .
6 .4 Within the Courtice South Neighbourhood Plan the subject property
is designated "Residential" and "Major Open Space" with "Hazard
Lands" indications . The residential designation encourages a range
and type of housing form. The Major Open Space and Hazard Lands
policies echo those of the Newcastle Official Plan. The proposed
fuel bar would not appear to be permitted within said desigation.
7 ZONING
7 . 1 The current zoning on the subject property is "Urban Residential
Type One (Rl) " and "Environmental Protection (EP) " . The proposed
fuel bar use is not permitted in either the IRlI or the 'EP' 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.
Todate comments remain outstanding from the Central Lake Ontario
Conservation Authority, the Regional Public Works Deaprtment, the
Ministry of Transportation, the Ministry of Natural Resources, the
Ministry of the Environment, and Ontario Hydro.
8 .2 The Community Services Department provided no objection subject to
the following conditions. The applicant will be responsible for
a 2% cash-in-lieu of parkland dedication, the applicant will submit
a landscape plan and tree preservation plan and the proponent will
dedicate to the Town gratuitously the lands zoned environmental
protection.
I
8 . 3 The Public Works Department have reviewed the application and
adytse that a 5 . 18 metre road wMening is required
5
JUG; . . . . .
REPORT NO. : PD-348-90 PAGE 5
to the Town along Trulls Road; that the applicant provide a cash
contribution equivalent to $84 . 00 per metre of frontage ($3780 .00
total) for future sidewalk construction along Highway No. 2; that
the applicant provide a master drainage and lot grading plan; that
a performance guarantee for the external works to be completed be
posted with the Town ($6315.00) ; and that all the other standard
conditions be imposed.
8 .4 The Town of Newcastle Fire Department responded with no objection
to the proposal. The Durham Regional Planning Department advised
that they will liaise further during the processing of the related
Official Plan Amendment.
9 STAFF COMMENTS
9 . 1 The subject application proposes to redesignate and rezone the
subject lands in order to develop a self serve fuel bar. The
proponent is in the process of submitting an application for
Neighbourhood Plan Amendment. Comments received to date from the
circulated agencies have not indicated any objection to the
application, however, conditions to be implemented through Site
Plan Agreement have been requested.
9 .2 The application as submitted requires a minimal encroachment on the
Black Creek tributary valley lands through a cut and fill proposal.
Comments from the Conservation Authority and the Ministry of
Natural Resources have not been received. In addition, the
applicant has been requested to submit a master drainage and lot
grading plan for the review and approval of the Town's Public Works
Department.
9 . 3 The Official Plan policies with regard to automobile service
stations or fuel bars are found in the Special Purpose Commercial
designation. The policies state that they shall be permitted on
arterial and collector roads, only where, in the opinion of
Counctl, there is no un ue adverse a ec on anv adiacenE uses.
. . . .6
REPORT NO. : PD-348-90 PAGE 6
In addition to the Official Plan policies the applicant will be
required to comply with the Town of Newcastle Landscape Design
Guidelines for Site Planning. The landscape policies suggest a 4.5
metre landscape strip between the site and the street, the
application currently proposes 4 . 0 metres . The guidelines also
note that special landscape treatment is required at the
intersections of public roads .
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 area of concern regarding the subject
application. It is recommend the application be referred back to
Staff for further processing upon receipt of all outstanding
comments and required revisions .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrenc Kotseff
DIrector of Planning Chief 'nistrative
and Development Officer
CP*FW*cc
*Attach
26 November 1990
Interested parties to be notified of Council and Committee's decision:
Jack Irwin
Senior Development Representative
Retail Marketing
Petro Canada Products
5140 Yonge Street, Suite 200
NORTH YORK, Ontario
M2N 6L6
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PLOT PLAN
PETRO-CANADA
TITLE LAYOUT FOR 4 LANE SELF SERVE GAS BAR DEPARTMENT ENGINEERING
THIS DRAWING PREPARED FROM A SURVEY TITLED AREA Na
TOPOGRAPHICAL SURVEY OF 1 WITH 427 x 6.54 KIOSK
PART OF LOT 31, CONCESSION 2 CLASS NO.
FORMERLY IN THE TOWNSHIP OF DARLINGTON
COUNTY OF DURHAM, NOW IN THE HIGHWAY No. 2 AND TRUCES ROAD PROJ,N4 01307
TOWN OF NEWCASTLE SEPTEMBER 26, 1990
REGIONAL MUNICIPALITY OF DURHAM DATE
NEWCASTLE -- ONTARIO
RE- DATED JUNE 13 1990
SCALE
AG DVG.NO.
DWN AT NYCC CHK'D ENG APP'D BY 0501-818