HomeMy WebLinkAboutPD-253-90 r
TOWN OF NEWCASTLE
DN: IMPERIAL.REP REPORT F I # 3 4,- ,
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Res. #
PUBLIC MEETING By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: Tuesday, September 4, 1990
REPORT #: PD-253-90 FILE #: DEV 90-050
SUB.-CT: REZONING APPLICATION - IMPERIAL OIL LIMITED
PART LOT 13, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
FILE: DEV 90-050
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose &
Administration Committee recommend to Council the following:
1. THAT Report PD-253-90 be received;
2 . THAT the application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, submitted by
E. Wayne Carter on behalf of Imperial Oil Limited, be referred
back to Staff for further procession and the preparation of
a subsequent report pending the" receipt of all outstanding
comments; and
3 . THAT the interested parties listed in this report and
delegation be advised of Council's decision.
BACKGROUND AND COMMENT:
1. APPLICATION
1 . 1 Applicant: Imperial Oil Limited
1 .2 Rezoning: From "General Industrial - Special Exception (M2-
6) " to an appropriate zone category to permit the
existing petroleum sales and storage warehouse to
r) 01
REPORT PD-253-90 PAGE 2
be renovated and expanded and to provide site specific zone
regulations including a 1.5 metre front yard setback and a 1.5
metre interior side yard setback.
1. 3 Area: .21 hectares ( .538 acres)
2. BACKGROUND
2 . 1 On May 24, 1990, the Town of Newcastle Planning and
Development Department received an application to amend the
Town of Newcastle Comprehensive Zoning By-law 84-63 in order
to permit the existing petroleum sales and storage warehouse
to be renovated and expanded.
2 .2 The subject site is a rectangular shaped parcel approximately
.21 hectares ( .538 acres) in size and is located on the north
side of Sturrock Road, approximately 45 .72 metres ( 150 feet)
west of Scugog Street, but is more formally described as Part
of Lot 13, Concession 2, in the former Town of Bowmanville.
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.
3.2 As of the writing of this report, no written submissions have
been received. However, Staff did receive one counter inquiry
from an area resident who requested more detailed information
with respect to the proposed zoning by-law amendment.
4. OFFICIAL PLAN CONFORMITY
4. 1 Within the Durham Regional Official Plan, the subject property
would appear to be designated as a Residential Area.
Residential uses are intended to be the predominant use of
lands so designated. It would appear that the application
does not conform with the Durham Regional Official Plan.
5 02
REPORT PD-253-90 PAGE 3
4 .2 Within the Town of Newcastle Official Plan, the subject
property would appear to bbedesignated Industrial . Industrial
uses are intended to be the predominant use of land so
designated. Therefore, it would appear that there is a
conflict between the Durham Regional Official Plan and the
Town of Newcastle Official Plan. Section 1. 1.3 of the Town
of Newcastle Official Plan states that in the event of a
conflict between the provisions of this Official Plan and the
provisions of the Durham Regional Official Plan, the
provisions of the Durham Regional Official Plan shall prevail
to the extent of that conflict. Therefore, it would appear
that the application does not conform to the Town of Newcastle
Official Plan.
4 .3 Nevertheless, Section 16 .6 .5 of the Durham Regional Official
Plan allows municipal councils to pass a zoning by-law to
permit the continuation, expansion or enlargement of existing
uses which do not conform to the Regional Official Plan,
provided that such uses:
a) have no adverse effect on the present uses of the
surrounding lands or the implementation of the provisions
of this Plan;
b) have regard for the Agricultural Code of Practice as
amended from time to time, if applicable;
c) are accessible by a public road which is maintained by
the appropriate authority as open to traffic on a year-
round basis and is of a standard construction adequate
to provide for the additional traffic generated by the
proposed use; and
d) are subject to any conditions that may be contained in
a district plan.
UJ
REPORT PD-253-90 PAGE 4
4 .4 The Town of Newcastle Planning and Development Department will
continue to assess the application to determine if the
application maintains the intent of Section 16 . 6 .5 of the
Durham Regional 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 General Industrial - Special
Exception (M2-6) . The zoning on the subject property
recognizes the proposal as a permitted use. However, since
the applicant cannot maintain the current zone category
regulations as a result of the proposed expansion, the
applicant has applied to amend the zoning by-law in order to
provide for site specific zone category regulations including
a front yard setback of 1.5 metres and an interior side yard
setback of 1.5 metres.
6. AGENCY COMMENTS
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 to date relating to the proposal.
6 .2 The Regional Works Department has reviewed the subject
application and note that municipal water is presently
available to the property from an existing 200 mm watermain
on Sturrock Road. However, municipal sanitary sewers are not
available fronting the subject property. Nevertheless, the
Regional Works Department has no objections to the proposal
subject to the following conditions:
1. That the applicant enters into a servicing agreement for
the extension of a sanitary sewer on Sturrock Road with
the Durham Region should said services be required for
the site.
04
REPORT PD-253-90 PAGE 5
2 . That the applicant submits six (6) copies of detailed
servicing drawings to the Development Approvals Division
of the Regional Works Department for site servicing
approval prior to the issuance of a building permit by
the local authority.
6 . 3 The Ministry of Natural Resources has reviewed the application
and note that the proposed area of expansion is located to the
east of Bowmanville Creek. Precautions should therefore be
taken during the construction stage to mitigate against
erosion of the subject lands and the subsequent sediment flows
from the site into the creek. Increased sedimentation of the
creek will result in degradation of water quality which in
turn will have a detrimental impact on the existing fisheries
habitat. However, the Ministry of Natural Resources offered
no objection to the application,
6 .4 The balance of the circulated agencies which have provided
comments were the Town of Newcastle Fire Department, the Town
of Newcastle Public Works Department and the Town of Newcastle
Community Services Department. None of the aforementioned
agencies have provided objectionable comments. The Central
Lake Ontario Conservation Authority have yet to respond.
7. STAFF COMMENTS
7 . 1 The applicant intends to amend the zone category of the
subject property in order to provide site specific zone
category regulations which would facilitate the expansion of
the existing use of the subject property. The current zone
category (M2-6) requires a front yard setback of 7 .5 metres
(24 .6 feet) and an interior side yard setback of 5 metres
( 16 .4 feet) whereas the applicant is proposing to reduce both
the front yard setback requirement and the interior side yard
setback requirement to 1.5 metres (4 . 9 feet) .
D0
REPORT PD-253-90 PAGE 6
7 .2 In addition, the applicant intends to increase the size of the
existing storage warehouse from 95 .48 square metres ( 1027 .77
square feet) to 138 . 32 square metres ( 1488 .91 square feet) ,
an increase of 42 .84 square metres (461. 14 square feet) . In
addition, the proposed site plan indicates that the applicant
intends to remove a dilapidated shed from the subject property
as well as several steel storage tanks .
7 . 3 The current use of the subject property, which is recognized
as a permitted use by the M2-6 zone consists of the bulk
storage of fuel, gas and oil, which is subsequently delivered
to various commercial and residential consumers. In addition,
approximately three (3) delivery/storage trucks are stored on
the premises overnight. For the Committee's information, the
applicant has advised that the processing of fuel, gas and
oil does not occur on the subject property.
7 .4 As the purpose of this report is to satisfy the requirements
of the Planning Act with respect to the Public Meeting, and
in consideration of the comments outstanding, it would be in
order to have the application referred back to Staff for
further procession and the preparation of a subsequent report.
Respectfully submitted, Recommended for presentation
to the Committee
V
Franklin Wu, M.C. I .P. Lawrence Kotseff, M.C. I .P.
Director of Planning Chief A nistrative
and Development Officer .
WM*FW*lp
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S
DECISION:
E. Wayne Carter
Esso Petroleum Canada
55 St. Clair Avenue West
TORONTO, Ontario
M5W 2J8
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PART OF LOT 13, CONCESSION 2(RESERVE ON REWTEPZD PUN 62)
TOWN OF NEWCASTLE
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