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Home My WebLink AboutPD-94-88 D0: 94-88 TOWN OF NEWCASTLE` REPORT F i I e Res. By-Law n MEETING: General Purpose and Administration Committee DATE: Monday, April 18, 1988 �^ �X� � 8^ uc�-l��| " . FILE ". {DPA /n/0 6 D8\/ 87-100 SUR-JEC/ : OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION TERRY DIAWITT8R PART LOT 15v 8.F.C"' FORMERIWP. OF DARLINGTON OUR FILES: OfA 87-33/D/0 AND DEV 87-100 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report DD-40-88 be lifted from the table and be received for information; and 2. THAT Report PD-94-88 be received; and 3. THAT the application to amend the Durham Regional official Plan and the Town of Newcastle Official Plan, submitted by Mc. Terry Klawittec^ to include the lands Pact Lot 15, B.F.C., in the former Township of Darlington, in the Buvmauville Urban Area boundary to facilitate the connection to municipal water, be approved; and 4. THAT the application for rezoning, to permit the development of a fuel bar and restaurant be deferred pending resolution of concerns of the Health Department and the Conservation Authority; and 5. THAT the Region of Durham Planning Department and the applicant be so advised. REPORT NO. : PD-94-88 PAGE 2 ------------------------------------------------------------------------------- BACKGROUND AND COMMENTS: On February 15, 1988, Committee considered Staff Report PD-40-88 (copy attached) , in consideration of an application to amend the Town of Newcastle Official Plan and the Durham Regional official Plan as well as an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The official Plan amendment, if approved, would include the subject site within the Bowmanville Urban Area boundary, thereby facilitating the hook-up of municipal water which runs along the South Service Road. The Zoning By-law amendment would change the present zoning, 11 ((H)Ml)", IVMVI, and "EP", to allow the hotel/motel and gas bar as permitted uses. Staff would note that the restaurant use is permitted in the "M111 zone. At the General Purpose and Administration Committee meeting, concerns were heard by St. Mary's Cement, regarding the incompatibility between the extracting industry and the proposed motel/hotel use. Subsequently, on February 22, 1988, Council passed Resolution #C-148-88, tabling Report PD-40-88 in order that the Mayor and Planning Staff meet with St. Mary's Cement to address their concerns. On March 16, 1988, the Deputy Director of Planning and Members of Council met with representatives from St. Mary's Cement and from Ministry of Natural Resources and Ministry of the Environment. As Members of Council are aware, St. Mary's Cement Corporation operates a substantial quarry operation on the lands immediately to the south of the subject site. The basic concern, as expressed by legal counsel for St. Mary's, was the potential conflict that arises when "incompatible" land uses are situated in close proximity to an extractive industry. Specifically, the extraction takes place within 230m (750 ft.) to 300m (1000 ft.) of the area where the proposed motel/hotel was to be situated. In that regard, mineral extraction, by nature produces dust and noise precipitated by the blasting and crushing process. St. Mary's is of the opinion that an industry of this magnitude is not compatible with a "quasi-residential" use. 3 go REPORT 08. : PD-94-88 PAGE 3 _______________________________________________________________________________ As contained within Staff Report PD-40-88, Staff muted that the actual use of the lands will be determined at the zoning stage, further noting that the purpose of the official Plan amendment application would permit the lands to be included in the Urban Service boundary thereby facilitating the book-up of municipal water. However, St. Mary's Cement Corporation is concerned that the expansion of the boundary on a piecemeal basis will only encourage the establishment of more incompatible laud uses in proximity to the extractive industry. Staff would note, however, that the subject lands as well as the lands to the west are designated "Industrial" in the Regional Official Plan and the local Official Plan. Furthermore, the lands are zoned for industrial use therefore, it is Staff's opinion that the intent of the above-noted planning documents is to discourage conflicting land uses. Staff mooL give due consideration to any application that is submitted. In that regard, Staff is of the opinion that including the lands in the Urban Services boundary does not initiate m conflicting laud use. Staff would note for the Committee's information, that on March 29' 1988, Staff recevied a letter from the applicant . noting that, after discussions with 8t. Mary's Cement, Mc. KIe*itter does not wish to pursue the motel/hotel as permitted oaea' but only wishes to pursue the fuel bar and restaurant as permitted uses. Given this, Staff must notify the departments and outside agencies of the obouge in the initial rezoning proposal therefore, Staff are not in a position to offer a recommendation on the rezoning application. In consideration of the above" Staff have prepared an appropriate amendment to the Town of Newcastle official Plan for Committee's consideration, which would include the subject lands within the BovnnooviIle Urban Area. Foctbecnmce' a provision would be incorporated within the Town's Official Plan which would state that, notwithstanding Section 8.4.2.7 of the Durham Regional Official Plan, a hotel or motel shall not be permitted on the lands bounded by the South Service Road, Symons Road, the C.N.R. Bail Line, and Martin Road and designated "Industrial" by Schedule 7-I. / N \p/ 8OP0IYT NO. : PD-94-88 PAGE 4 ^ _______________________________________________________________________________ In consideration of the above-noted information, Staff would respectfully recommend that the official Plan Amendment to include the subject lauds in the Urban Service boundary be approved. Respectfully submitted, Recommended for presentation to the Committee F-�~`=rirector------------ r�- --- ------------ ��. Iawze Kotoeff �e�uty of Planning Chief mi istrative Officer CRV*LDT*jip " *Attach. April lI' 1988 CC: Mc. Terry Klawitter 8 MazyIeob Court B0RMANVILLE' Ontario LlC 3K2 Mr. Cliff Meta / St. Mary's Cement Corp. P.O. Box 68 BOWM&0VILLE, Ontario LIC 3K8 Mr. Paul Britton Mao0aogbtou, Ber0oeu Planning Ltd. 171 Victoria Street North KITC88N8G, Ontario DOlH 5C5 Mc. R.D. Cbaeoemau Weir and FouIdo Barristers & 8oIioitpco Suite 1600, Exchange Towers | | P.O. Box 480' 2 First Canadian Place ` TORONTO, Ontario M5X lJ5 DN: N0. 27 AMENDMENT NO. 27 TO THE OFFICIAL PLAN OF THE FORMER PLANNING AREA OF THE TOWNSHIP OF DARLINGTON NOW REFERRED TO AS THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE PURPOSE: The Purpose of the Amendment is to extend the Urban Service Boundary of the former Town of Bowmanville to permit the hook- up of municipal water. LOCATION: The subject lands are located in Part of Lot 15, Broken Front Concession, in the former Township of Darlington, south Service Road, west of Waverley Road. ACTUAL AMENDMENT: The Official. Plan of the former Planning Area of the Township of Darlington is hereby amended by: i) adding the following new paragraph to Section 7.2.7.2(ix) : "7.2.7.2 (ix) Notwithstanding Section 8.4.2.7 of the Durham Regional Official Plan a hotel or motel shall not be permitted on the lands bounded by the South Service Road, Symons Road, the C.N. Rail Line, and Martin Road and designated "Industrial" by Schedule 7-1 hereto." ii) amending Schedule 7-1 - Land Use Structure, Bowmanville Major Urban Area by extending the Urban Services Boundary to include the lands bounded by the South Service Road, Symons Road and the CN Rail Line and Martin Road. IMPLEMENTATION: The provisions set forth in the Official Plan of the former Planning Area of the Township of Darlington regarding implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Official Plan of the former Planning Area of the Township of Darlington regarding the interpretation of the Plan shall apply in regard to this Amendment. i i 1 Amendment No. 27 to the Official Plan of the Former Planning Area of the Township of of Darlington now referred to as the Official Plan of the Town of Newcastle WIN LOT 16 LOT 15 LOT 14 LOT 13 }u r' S1! r :Y 'r 1. �':•::•:::: • .f r, F r ! r ar4 r r. � y r ,�I. h V x. B f. z.. Population 00:� r ft.fff f i .i•. ,. ... F.. Y, ....... . . . .. ..... z }; aid; •:.5. .::: :::::::::::::::::: ::::::..::::::.: ... �. .'.p.:';1yw;`>`f f#.E%��;v,:.ff aerS�:L'�. 3,h1,•.• > . z LIJ rA tiF.•.