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Home My WebLink AboutPD-40-88 DN: 40-88 yf \ TOWN OF NEWCASTLE REPORT File # t' . Res. #,,,�e xx By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, February 15, 1988 REPORT #: PD-40-88 FILE #:OPA 87-92/D/N, DEV 87-100 SMECT: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION - TERRY KLAWITTER Part Lot 15, B.F.C., former Township of Darlington Files: OPA 87-92/D/N and DEV 87-100 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-40-88 be received; and 2. THAT -the rezoning application submitted by Mr. Terry Klawitter to rezone a parcel in Part Lot 15, B.F.C. , former Township of Darlington, to permit the construction of a motel/hotel restuarant and fuel bar, be referred back to Staff for a subsequent report pending Staff's receipt of all comments from outside agencies. 3. THAT the application to amend the Official Plan be approved and that the Region be so advised. 4. THAT the applicant be so advised. I, BACKGROUND AND COMMENT: On November 25, 1987, the Planning Department received an application for rezoning submitted by Mr. Terry Klawitter to rezone a 7.4 hectare parcel of land located in Part of Lot 15, Broken Front Concession, in the former_ Township of Darlington. The purpose of the rezoning is to permit the construction of a motel/hotel, restuarant and fuel bar. Staff would note for the Committee's information that the site is also subject to an amendment to the Durham Regional Official Plan as well as the . . .2 _! l,- ) REPORT NO. : PD-40-88 PAGE 2 Town's Official Plan. The purpose of the amendment would be to extend the Urban Area of Bowmanville to include the subject site. Within the Town of Newcastle's Comprehensive Zoning By-law 84-63, as amended, the subject lands are presently located within the "Holding-Light Industrial ( (H)Ml)" zone, "Light Industrial (Ml)" zone and "Environmental Protection (EP)" zone. Staff would note that the applicant's proposal would require a zoning change to allow a commercial use permitted by the Official Plan should the Urban Area be extended. Staff would note for the Committee's information that 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 accordance with departmental procedures, the applications were circulated to obtain comments from other departments and outside agencies. In consideration of the intent and scale of the rezoning apaplication and through the review of various files, it became apparent that the current floodplain regulations which affect the property would have an impact on the applicant's proposal. Given this, although the Central Lake Ontario Conservation Authority had objected to the proposal initially, they have, however requested the applicant to undertake a Watershed Study to establish the 1:100 Year Floodplain for the Darlington Creek. Staff would note for the Committee's information that the Study would indicate how much the lands could be considered free of development restrictions. It would appear that approximately two thirds (2/3) of the subject land are within the " (EP) " zone, although a considerable portion of the development would take place within the remaining lands that are zoned as " ((H)M1)" and " (Ml)". Staff would note however, that the Study has not been completed as yet. In addition, to the requirements in respect of the Floodplains, comments from Ontario Hydro have not been received, noting for the Committee's information that there is an Ontario Hydro easement over that portion of the lands zoned as " (EP)". In summary, the following agencies offered no objection to the application as filed: - Newcastle Hydro Electric Commission - Newcastle Building Department . . .3 REPORT NO. : PD-40-88 PAGE 3 In reviewing the application these agencies submitted the following: Town of Newcastle Public Works Department 1. That the owner contribute to the upgrading of South Service Road; 2. That a +/- 18.0' road widening abutting the South Service Road be dedicated to the Town; 3. That the owner enter into a Site Plan Agreement with the Town and that this department be kept informed of the status of same at all times; 4. All of the other requirements re: Lot Grading, Performance Guarantees, etc. , should be included in the Agreement. The Newcastle Fire Department This Department would note an objection to this plan. It is of concern to us, how this part-time Fire Department (4 full time) will be able to maintain a high level of efficiency, given the amount of development going on in the municipality. Should this plan proceed, it is recommended that no building permits be issued until access routes comply with subsection 3.2.5.2 (6) of The Ontario Building Code and sufficient water for firefighting is available in accordance with subsection 3.2.5.3 of The Ontario Building Code. It should also be noted that building plans must be reviewed and accepted by the Office of the Fire Marshall in accordance with the Hotel Fire Safety Act. The Regional Health Unit i A soil analysis report indicating that a sufficient number of representative test holes are excavated to a depth of two metres based on final grades. The number of test holes, preferably test pits, and their locations, is to be determined by representatives of the consultant firm and the Health Department. The report must indicate ground water elevations in all test holes after a 24 hour waiting period. Soil samples taken from each test hole at one metre depths are to be analysed for grain size distribution and co-efficient of permeability. A percolation rate for each sample must be estimated in min./cm. A site plan of the proposed facilities, well and septic system locations will be required. The Ministry of Transportation We have completed our review of the subject rezoning and advise that access to the subject property will be restricted to the Service Raod with no direct access onto the concession road. This Ministry has permit control extending 395m (130101ft) from the centrepoint of the intersection of Highway No. 4011 and the concession road. No access to the local road will be permitted within our area of permit control. . . .4 T REPORT NO. : PD-401-88 PAGE 4 The Ministry of Transportation (Cont'd) This Ministry will require all buildings be setback a minimum distance of 14m (45ft) from our highway property line. Permits are required for all buildings, signs and illumination prior to any construction being undertaken. The Canadian National Railway, in reviewing the rezoning application offered no objection to the proposal, however, requested that the owner address concerns regarding drainage, noting that surface run-off from the site should be constrained to pre-development level. Any increase in flows directed to Railway property must receive their approval in advance. In addition, CN requested that occupants of the motel should be made aware that they are located near a heavily travelled Railway whose plant and/or operations may expand at anytime. The Regional Planning Department acknowledged receipt of the application and requested that the amending by-law not be passed until the related Official Plan amendment has been dealt with by both Town Council and Regional Council. In addition the following agencies must submitt comments: - Ontario Hydro - Regional Works Department The subject site is designated as "Industrial" in the Durham Regional Official Plan. Section 8.4.2.7 of -the Plan states, on lands so designated, that hotels, motels and ancillary commercial uses may be permitted within the respective Urban Areas on parcels abutting the Highway 4011, or, as in this case, on service roads abutting the Highway 401 provided it is recognized in the respective municipalities Zoning By-law. Inasmuch as the application would amend the Urban Area boundary to include the subject site thereby facilitating connection to municipal water for the proposed uses. Inasmuch as the Official Plan is a policy guideline and the Zoning By-law the implementing document, in consideration of the proposal the specific details of the proposal can be dealt with through the rezoning. Furthermore, in reviewing the application, Staff are of the opinion that the availability of water in this. area would be beneficial in consideration of a similar application to the west of the subject site, DEV 86-85, Darlington Wood Products. Given this, Staff would respectfully recommend that the Official Plan Amendment be approved. In addition, . . .5 REPORT NO. : PD-40-88 PAGE 5 and inasmuch as the requested change to the Regulatory Flood Standard for the Darlington Creek is significant to the proposal Staff would respectfully recommend that the rezoning application be referred back to Staff for a subsequent report upon clarification of the above-noted requirements, receipt of outstanding comments from the outside agencies and in consideration of the Regional Planning Staff request. Respectfully submitted, Recommended for presentation to the Committee T.'- . Edwards, M.C.I.P. awrence eAKc �. tseff Director of Planning Chief A? 'Tstrative Officer CV*TTE*bb *Attach. February 4, 1988 SYMONS ROAD GREEN R A D j L IMfNNNfMfMMHNNfNIN1f NI . rn H fI.IN.N.NN..N...N.... Z N ...N N.N..... ...... N .......NN....INN...... 9� IINN..tN.N N.NN..N IN.N.. NNN... N o r �o ca C. ® > < �'y� m m 00 i m 01 MARTIN RD O r^ N ^ o 3 O _ C U WAVERLY ROAD REG.RD.57 BROKEN FRONT CONCESSION Ci