Loading...
HomeMy WebLinkAboutPD-244-90 :"'°"'"'y ,� TOWN OF NEWCASTLE / DN: DEV88128.GPA REPORT File # Z, R�Z L Res. # —-- � � By-Law # MEETING: General Purpose and Administration Committee DATE. Monday, July 23, 1990 REPORT #: PD-244-90 FILE #. OPA 89-17/D & DEV 88-128 SECT: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION KENNETH AND RUTH WRIGHT PART LOT 23, B. F. CONCESSION, FORMER TOWNSHIP OF DARLINGTON FILE: OPA 89-17/D & DEV 88-128 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-244-90 be received; 2 . THAT the Official Plan Amendment application submitted by Ken and Ruth Wright to amend the Durham Region Official Plan to redesignate the subject site Industrial be recommended for DENIAL to the Region of Durham; 3 . THAT the Rezoning and Site Plan Application submitted by Ken and Ruth Wright be DENIED; 4. THAT should the application for Official, Plan Amendment and Rezoning be DENIED, the Town of Newcastle By-law Enforcement take immediate action with respect to the zoning infraction. 5 . THAT the Region of Durham Planning Department, the interested parties listed in this report and any delegation be advised of Council's decision. 6 . THAT the Region of Durham Planning Department be forwarded a copy of Report PD-244-90 . 1. APPLICATION DETAILS 1.1 Applicant: Ken and Ruth Wright 1.2 Agent: Irwin. Hamilton and Associates 1. 3 O.P.A. : from "Major Open Space" to "Industrial" 1.4 Rezoning: from "Agricultural (A) " to an appropriate zone to permit a single family dwelling unit and the storage of trucks and construction equipment. . . . .2 599 1 I. REPORT NO. : PD-244-90 PAGE 2 2 . LOCATION 2 . 1 The subject lands are located in Pt Lt 23, B.F.C. Former Township of Darlington. The property is bounded by the Canadian Pacific Railway line to the south, Rundle Road to the east, Baseline Road to the north and is east of Solina Road. 3. BACKGROUND 3. 1 In October of 1988 the Town of Newcastle Planning and Development Department received an application for Site Plan Approval and amendment to the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended. The application proposed to rezone a 1.9 Ha parcel to permit the outside storage of trucks and construction equipment while retaining a single family dwelling on the subject parcel. 3 .2 The applicant has advised that storage of trucks commenced on the property in 1971, and construction equipment has been stored on site since January of 1988. In 1971 the subject lands were zoned "Agricultural (A) in By-law 2111, as amended, being the Zoning By- law for the Township of Darlington. The permitted uses did included a single family dwelling unit, however did not list truck storage. The current Comprehensive Zoning By-law 84-63, as amended, zones the property "Agricultural (A) " . Section 3 . 14 of said by-law permits a maximum of two (2) commercial motor vehicles within the "A" zone. The number of commercial vehicles on site is in excess of the permitted number in the by-law. This plus the storage of construction equipment etc is in violation of the zoning by-law. By-law Enforcement has advised that action is pending Council 's decision. 4 EXISTING AND SURROUNDING LAND USES 4 . 1 The subject property currently maintains a dwelling while the balance of the property is used for storage of trucks, trailers, various construction equipment, as well as stock piles of gravel and top soil . . . . . 3 599 1 '_ REPORT NO. : PD-244-90 PAGE 3 4 .2 Surrounding land uses include: North: a single family residence and vacant agricultural lands; East: The Oshawa Pigeon Club and vacant agricultural lands; South: The Canadian Pacific Railway Tracks West: Ontario Gypsum Co. Ltd. and additional Agricultural land. 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 within the prescribed distance. 5 .2 The Public Meeting as required under the provisions of the Planning Act was held on February 20, 1989 . One person appeared in opposition to the proposal stating that in his opinion the storage of garbage, mounds of earth, and old machinery made the sight very unsightly and that this could not be considered a quality industrial development. 6. OFFICIAL PLAN POLICIES 6 . 1 The applicant has proposed to redesignate the subject lands from "Major Open Space" to "Industrial" . The Regional Planning Staff has recently presented the proposed Draft Changes to the Durham Regional Official Plan, these changes include expansion to the industrial designation, however, they do not provide for an extension of the Courtice Industrial Area eastward as proposed by the subject application. 6 .2 The Region have proposed a 'Special Study Area' , which would extend from the north limits of the present Courtice Industrial Area boundary to the southern limit of the Courtice Major Urban Area. The Region has indicated that further investigation is required to determine a suitable pattern of land use development and municipal servicing requirements . This investigation of land use patterns will include a review of future industrial areas within this study area. j 9 % �� . . . .4 REPORT NO. : PD-244-90 PAGE 4 6 .3 Totten Sims Hubicki were retained by the Town to conduct a servicing feasibility study for the south Courtice area. The results of the study indicated that development of lands at the easterly limit of the current industrial designation, should be restricted due to difficulties in providing municipal water to these lands. The subject lands are further east than the current industrial designation limits . 7 . AGENCY COMNMENTS 7 . 1 In accordance with Departmental procedure, the subject applications were circulated to various agencies and departments for their review and comment. The following agencies/departments offered no objection to the applications: Town of Newcastle Fire Department; Regional Health Department; Ministry of Natural Resources; Ministry of Agriculture and Food; and Ontario Hydro. 7 .2 The Town of Newcastle Public Works have advised they have no objection with the proposal in principle subject to conditions of approval. The applicant is required to bear the costs (100%) of any works on Baseline Road which are necessitated as a result of this development, the applicant must provide a 3 .05 metre road widening, a 0. 3 metre reserve and sight triangles at the access point. In addition a performance guarantee will be required for external works . 7 . 3 The Central Lake Ontario Conservation Authority advised that the subject site, with the exception of the lands in the immediate vicinity of the existing dwelling, is floodprone during a Regional Storm event. Authority Staff further advised that providing it can be demonstrated that the site or portions of the site can be flood protected, CLOCA would have no objection to the proposed industrial designation, however would provide further comments on the rezoning and site plan. . . . .5 REPORT NO. : PD-244-90 PAGE 5 7 .4 Regional Public Works Department commented that Municipal water supply and Sanitary sewer services are not available to the site. The application therefore would only be able to proceed on private services . 7 .5 Regional Planning have advised that the subject property is within the "Major Open Space" designation and accordingly the storage of trucks and construction equipment in a Major Open Space area is not a permitted use. Comments further advised that if the storage of construction equipment is an existing use, the Town may wish to consider the proposal within the context of Section 16 . 6 .5 of the Durham Plan which permits the continuation of existing uses. The comments further advise that their review of air photographs from 1978 and 1986 do not indicate any use of the property for storage of equipment. 7 . 6 The ministry of the Environment Staff have identified a residence is located 40 metres north of the subject site. The Ministry's guidelines require a minimum 60 metre separation distance between the residential and industrial use. The Ministry would have no objection provided that the application is amended to indicate that no activity would take place within 60 metres of any residential development. B. STAFF COMMENTS 8. 1 Industrial Areas by definition in the Durham Region Official Plan are an urban use and are thus required to be fully serviced by sanitary sewer and municipal water supply. The Courtice Industrial Area has been an exception to this and was so designated in recognition of the previous designation in the Township of Darlington Official Plan. The Courtice Industrial Area has been permitted to develop on private services providing only industrial uses of a dry nature occupy such lands . It has been the position of Staff and Council, that further 5 17 '01 . . . .6 REPORT NO. : PD-244-90 PAGE 6 development of Industrial lands in South Courtice should proceed on full services. As a result the South Courtice Feasibility Study was initiated. The study indicated that the east end of the lands currently designated Industrial are in a separate water pressure zone and are not easily serviced. Furthermore, the subject lands are in the Darlington Creek Watershed and cannot readily be serviced by gravity sanitary sewer. Even if the major servicing scheme for South Courtice outlined in the South Courtice Servicing Feasibility Study is implemented, the subject lands would be very difficult to service. 8 .2 The subject lands front on Baseline Road, which is proposed to be designated an Arterial Road through the Regional Official Plan review. Lands that abut or have a high visibility from Arterial Roads should not be developed with uses containing outside storage. Outside storage in areas of high visibility is undesirable and portrays a negative image for the municipality. 8 . 3 There is currently vacant industrially designated land both serviced and unserviced in the Town of Newcastle, that Staff does not consider the proposed piece meal extension warranted. 9. CONCLUSION 9 . 1 In consideration of the above comments, it is recommended that the application by Ken and Ruth Wright to amend the Region of Durham Official Plan to redesignate the subject lands to industrial, be recommended for DENIAL to the Region of Durham and that the application for Zoning By-law Amendment and Site Plan Approval be DENIED. 9 .2 Should Committee/Council deny the Official Plan Amendment and Rezoning Application, Staff would take immediate action with regards to the zoning infraction. REPORT NO. : PD-244-90 PAGE 7 Respectfully submitted, Recommended for presentation to the Committee �, j i� Franklin Wu, M.C.I .P. Lawrence E' Kotseff Director of Planning Chief A i istrative and Development Officer CP*FW*cc *Attach 17 July 1990 Interested parties to be notified of Council and Committee's decision: Kenneth and Ruth Wright R. R. #2 BOWMANVILLE, Ontario L1C 3K3 Hamilton & Associates Barristers & Solicitors P.O. Box 39 1 Division Street BOWMANVILLE, Ontario L1C 3K8 Hal Whorms R. R. #2 BOWMANVILLE, Ontario L1C 3K3 599 � 0 SUBJECT. SITE' 28 27 26 25' 24 23 22 21 20 19 'BWOR • STREET .Q EPA A.3p O 1 i I I p I I f Q Z 00 X A Ir W W () I U 1 0 w I -!ld I FU- I °Q , N I �A V v - ( � 2 p = I I wz D 1 O O EP = M2 I P Q 1 i '� � I d ASEUNE 1 R A M A-(9 I Z (H} � Mai . CAI O C6 6 M2 I(H)M1 HwY. N$ 401 (�)M 1 ' . AI � Z 1 i 0 Of LL ` q z uj EP 0 m ip) LAKE ONTAR IO 0 250 500 l000fn L M W KEY MAP 5M. 1 � Dev. 88- 128 599 � i