HomeMy WebLinkAboutPD-244-90 :"'°"'"'y ,� TOWN OF NEWCASTLE
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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
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