HomeMy WebLinkAboutPD-153-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: CARHOLME.GPA
REPORT
Meeting: General Purpose and Administration Committee File# �
Gate: Monday, July 8, 1991
Res. #
By-Law#
Report#: Filet: REV 91-014
Subject:
REZONING APPLICATION AND PART LOT CONTROL
CARHOLME INVESTMENTS LTD.
PART LOT 8, B. F. CONCESSION, FORMER TOWN OF BOWMANVILLE
NOW KNOWN AS BLOCK 6, REGISTERED PLAN 10M 831
FILE• DEV 91-014
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-153-91 be received;
2 . THAT the request submitted by Carholme Investments limited for
removal of Part Lot Control on Block 6 in Registered Plan 1OM-
831, be APPROVED;
3 . THAT the attached part lot control by-law be approved and
forwarded to the Regional Municipality of Durham pursuant to
Section 49 (7) of the Planning Act;
4 . THAT the application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, in order to
permit the establishment of a lube warehouse and office for bulk
sale and storage of petroleum be APPROVED;
5 . THAT the attached amendment to By-law 84-63 be APPROVED and that
the "Holding (H) " symbol be removed by By-law upon the execution
of a Site Plan Agreement; and
6 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Carholme Investments Ltd. , on behalf of Imperial
Oil Ltd.
1. 2 Agent: Alina Bridgeman
. . . .2
r- 7 t
PAPIEn
R PAI'ELRU 11—LE
D IIS)5 PRIITLDV RLCY—DPAPFR
REPORT NO. PD-153-91 PAGE 2
1. 3 Zoning Amendment:
From "Light Industrial (M1) " to an appropriate zone
category in order to permit a 363 square metre lube
warehouse and office for bulk sale and storage of
petroleum.
1.4 Part Lot Control Application:
Seeking exemption from Part Lot Control on Block 6, in Plan
10M 831 in order to create a .4 hectare parcel and a .6
hectare parcel from the 1. 0 hectare parcel .
1. 5 Area: . 60 hectare ( 1.47 acres)
2 . BACKGROUND
2 . 1 In April of 1991, the Town of Newcastle Planning and Development
Department received an application, submitted by Carholme
Investments Ltd. on behalf of Imperial Oil Ltd. , to amend the
Town of Newcastle Comprehensive Zoning By-law 84-63, in order
to permit the establishment of a 363 square metre Lube Warehouse
and Office for the bulk sale and storage of petroleum.
2 . 2 For the Committee's information, Imperial Oil Ltd. have
previously submitted a zoning amendment application to the
Municipality on lands located in Part Lot 13, Concession 2,
former Town of Bowmanville (Sturrock Ave. ) . However, due to
opposition from area residents, Imperial Oil Ltd. has elected
to explore the possibility of relocating the Sturrock Avenue
facility.
2 . 3 Imperial Oil Ltd. intends to develop the subject property with
bulk underground storage tanks and a 363 square metre Lube
Warehouse and Office. Approximately two-thirds of the warehouse
is enclosed and is used to store barrels of various fuels . The
applicant has advised that legislation governing the storage and
handling of certain fuels requires open air ventilation. . . . . 3
r-
REPORT NO. PD-153-91 PAGE 3
Therefore, the remaining portion of the warehouse will contain
3 outer walls and a roof and will be used to store fuels which
require open air ventilation.
2 .4 The lands subject to the current application is a rectangular
shaped parcel approximately . 60 hectare ( 1.5 acre) in size and
is located at the north-west corner of Butler Court and Lake
Road but is more formally described as part of Block 6 in
Registered Plan 10M 831.
3 . PUBLIC NOTICE AND SUBMISSIONS
3 . 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.
As of the writing of this report, no written submissions have
been received.
4 . OFFICIAL PLAN CONFORMITY
4 . 1 Within both the Durham Regional Official Plan and the Town of
Newcastle Official Plan, the subject property would appear to
be designated Industrial. As the primary use of lands so
designated is intended to be for industrial purposes, the
application would appear to conform with both the Durham
Regional Official Plan and the Town of Newcastle Official Plan.
5 . ZONING BY-LAW COMPLIANCE
5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63,
the subject property is zoned Light Industrial (M1) . The
current zone category does not recognize bulk storage tanks as
a permitted use and the applicant has therefore, applied to
amend the zoning by-law accordingly.
. . . .4
j �
REPORT NO. PD-153-91 PAGE 4
6 . AGENCY COI-IMENTS
6 . 1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and
agencies . The following provides a brief synopsis of the
comments received relating to the proposal.
6 . 2 The Public Works Department has reviewed the applications and
advise that they have no objection to the zoning amendment and
part lot control applications . However, the Public Works
Department has noted that Site Plan Approval cannot proceed
until such time as the applicant/owner submits a storm water
management plan satisfactory to the Director of Public Works .
The plan should include all storm sewer/drainage design sheets .
Storm water flow will be limited to a maximum of 25
litres/second/hectare as per the terms of the subdivision
agreement.
6 . 3 The Town of Newcastle Fire Department has advised that they have
no objection to the proposal but note for the applicant's and
Committee's information that the application will have to comply
with the Gasoline Handling Act since the application proposes
the storage and distribution of petroleum products .
6 .4 The Central lake Ontario Conservation Authority has advised that
the subject lands are located within the drainage area of a
small unnamed creek and that site specific stormwater management
requirements have not as yet been determined. However, the
Authority has acknowledged that these issues can be addressed
through Site Plan Approval and therefore, offer no objection to
the zoning amendment and part lot control applications .
6 .5 The balance of the circulated agencies which have provided
comments were the Ministry of Transportation, Regional Planning
Department, Regional Works Department and Town of Newcastle
. . . .5
REPORT NO. PD-153-91 PAGE 5
Community Services Department. None of the aforementioned
agencies provided objectionable comments with respect to the
application. The Ministry of the Environment has responded
verbally that they do not respond to zoning amendment and part
lot control applications and that any concerns of the Ministry
have been addressed previously through the circulation of the
Plan of Subdivision.
7 . STAFF COMMENTS
7 . 1 The applicant intends to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63 in order to permit the
development of a . 60 hectare parcel ( 1 .47 acre) with a 363
square metre Lube Warehouse and Office. The current zone
category would not permit the proposal since the site is to be
developed with bulk storage tanks .
7 .2 In addition, for the Committee's information, Carholme
Investments Ltd. has also submitted an application on behalf of
Imperial Oil Ltd. to remove Part Lot Control from Block 6 of
Registered Plan 1OM-831. Block 6 is currently 1 hectare (2 .47
acres) in size, however, Imperial Oil Ltd. requires only .6
hectare ( 1. 47 acres) for the proposed Lube Warehouse and Office.
Therefore, Carholme Investments Ltd. is also seeking the removal
of Part Lot Control in order to create a .4 hectare ( 1 acre)
parcel and a . 6 hectare ( 1 .47 acre) parcel . Staff note that
both of these parcels would satisfy the zoning by-law with
respect to lot area and lot frontage.
7 .3 With respect to the proposed amendment to the Town of Newcastle
Comprehensive Zoning By-law 84-63, the Planning and Development
Department considers the application as reasonable since the
proposed use is similar in nature to the uses permitted in the
current zone category. It may appear that the amendment to the
zoning by-law would permit the placement of large bulk storage
. . . .6
LI n
REPORT NO. PD-153-91 PAGE 6
tanks on a high visibility site which is contrary to planning
principles . However, given that the storage tanks are to be
contained underground, Staff are of the opinion that the
proposed use is appropriate and is compatible with the
surrounding area.
8 . CONCLUSION
8 . 1 In consideration of the comments contained within this report,
the Planning and Development Department would have no objection
to the approval of the attached zoning by-law amendment, as
applied for. Staff advise that the removal of the Holding (H)
prefix will require Council approval at such time as a Site Plan
Agreement has been executed.
8 .2 In addition, Staff have no objection to the approval of the
attached by-law exempting the subject lands from Part Lot
Control . Attached hereto is a by-law to exempt the subject
lands from Section 49 (5) of the Planning Act, pursuant to the
provisions of Section 49 (7) of the Act.
Respectfully submitted, Recommended for presentation
to the Committee
/_ I
Franklin Wu, M.C.I .P. La renc Kotseff
Director of Planning Chief KdmYLstrative
and Development Officer
WM*FW*cc
*Attach
27 June 1991
Interested parties to be notified of Council and Committee's
decision:
E. Wayne Carter Alina Bridgeman
Esso Petroleum Canada Carholme Investments Ltd.
55 St. Clair Avenue West 805 Lakeshore Blvd. East
TORONTO, Ont. M5W 2J8 TORONTO, Ont. M4M 1B2
DN: CARHOLME.GPA
THE CORPORATION OF
BY-LAW
being a By-law to amend By-law I _
law for the Corporation of the T� �-
WHEREAS the Council of the Corpo:
it advisable to amend By-law 84-6
the Town of Newcastle to permit t
and Office for the bulk sale anc
with DEV 91-014.
NOW THEREFORE BE IT RESOLVED THI
the Town of Newcastle enacts as
1. Section 23.3 "Special Excep
is hereby further amended by a,
23.3.7 as follows:
"23.3.7 SPECIAL EXCEPTION
In addition to the uses pi
zoned "Ml-71' on the schedu
for underground bulk fuel 1
Office in accordance with t
zone and the following:"
a) Maximum floor space
2. Schedule 113" to By-law 8
amended by changing the zone des
to "Holding - Light Industrial
as indicated on Schedule "A" at—.—
3. Schedule "A" shall form part of this By-law.
4. This By-law shall come into affect on the date of the passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1991.
BY-LAW read a second time this day of 1991.
BY-LAW read a third time and finally passed this day of
1991.
MAYOR
CLERK
5 4 2
DN: CARHOLME.GPA
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-
law for the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend By-law 84-63, as amended, of the Corporation of
the Town of Newcastle to permit the establishment of a Lube Warehouse
and Office for the bulk sale and storage of petroleum in accordant
with DEV 91-014. 1
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corpor ion of
i
the Town of Newcastle enacts as follows:
V �
1. Section 23.3 "Special Exceptions - Light Industri (Ml) " zone,
is hereby further amended by adding thereto the Sp cial Exception E
23.3.7 as follows:
1123.3.7 SPECIAL EXCEPTION LIGHT INDUSTRIAL M1) ZONE
In addition to the uses permited in the 1 zone, those lands
zoned (H) "M1-7" on the schedules to this -law may also be used
for underground bulk fuel tank storage, Lube Warehouse and an
Office in accordance with all applicab provisions of the 11M1"
zone and the following:"
a) Maximum floor space 400 square metres
2. Schedule 113" to By-law 84-63 as amended, is hereby further
amended by changing the zone desig tion from "Light Industrial (M1) "
to "Holding - Light Industrial Special Exception ((H)M1-7) " Zone,
as indicated on Schedule "A" tached hereto.
3. Schedule "A" shall fo part of this By-law.
4. This By-law shall come into effect on the date of the passing
hereof, subject to t provisions of Section 34 of the Planning Act.
BY-LAW read a f'rst time this day of 1991.
BY-LAW read second time this day of 1991.
BY-LAW r d a third time and finally passed this day of
1991.
MAYOR
CLERK
4
This is Schedule "A" to By-law 91 - -,
passed this —. —day of , 1991 A.D.
3g 9/
o �N�90
sy 4�W
N
�O
b
�O
4v �N
01 BLOCK 110 -831
o°
O tom/
N !�
�1'1 00 k =
?0 11 sDy'
'Y040 F /200 ,� r
® ZONING CHANGE FROM'MI' TO '(H)M1-7'
0 10 20 40m
Mayor 2015 105 0 Clerk
LO_T 9 _ LOT 8 LOT 7
BASELINE ROAD
M2 I ` M2
11
a
M2 A MAC00ig10 CARTIER RREAY _ M 1 O
K R �'` � ��''• � N
° M1
o i1 M1 (H)MI U
Z Z
0 0
z M2 M2 i U
o (H)M2 Z
SUBJECT 0
SITE p�
P
A ILL
II Z A
M2 2 1 W
O
A a
; m
RS
^�/�
RS-2 EP 0 50 100 200 300m
BOWMANVILLE LAKE ONTARIO y1mm0
DN: CARHOLME.GPA
THE COJZPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
being a By-law to designate a certain portion of a registered plan as
not being subject to Part Lot Control.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it desirable to exempt from Part Lot Control, BLOCK 6 on Plan 10M 831
registered at the Land Registry Office for the Land Registry Division
of Newcastle (No. 10) on November 7, 1989,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. THAT Subsection (5) of Section 49 of the Planning Act shall not
apply to those lands described in Paragraph 2 within this By-law.
2, This By-law shall come into effect upon being approved by the
Regional Municipality and thereafter Subsection (5) of Section 49
shall cease to apply to the following lands:
Block 6 on Plan 10M 831
BY-LAW read a first time this day of
1991.
BY-LAW read a second time this day of
1991.
BY-LAW read a third time and finally passed this day of
1991.
MAYOR
CLERK
l
4 4
N Igo
0 r'ly
0
?3-60
0
0
Q N
b
�O
z �
o
CK
a
0
J
N
N Igo t8 00 a
wo
}z�
L q NB jo Oq f7,� 9g 00 }y 1
kE R 0
OT CONTROL
LOT AFFF-C-Teo 8Y PART �
40M
0
t0 20
20 15 105 0 `_�