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Home My WebLink AboutPD-164-86 TOWN OF NEWCASTLE REPORT File #1"6 f5-. Res. #�; •d�. r� a -5 � By-Law # (STING: General Purpose and Administration Committee DATE: Monday, June 16, 1986 REPORT #: PD-164-86 FILE #: 86-24/D SUBJECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN MARK TOMINA PART LOT 26, CONCESSION 2, FORMER TWP. OF DARLINGTON FILE: 86-24/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-164-86 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 86-24/D submitted by Mr. Mark Tomina be denied; and 3. THAT a copy of Council ' s decision be forwarded to the applicant and the interested * parties attached hereto. BACKGROUND: On April 3, 1986, the Region of Durham advised the Town of Newcastle of an application submitted by Mark Tomina to amend the Durham Regional Official Plan to permit the development of an 800 square metre (8600 square foot) restaurant and motel operation on a 1.93 hectare (4.77 acre) parcel of land in Part Lot 26, Concession 2, former Township of * Darlington (see key map attached). The subject site is designated "Major Open Space" by . . .2 v �L) REPORT' NO. : PD-164-86 page 2 the Regional Official Plan and zoned "A" by By-law 84-63. The lands subject of the application are part of a 9.05 hectare (22.36 acre) parcel owned by the applicant. In accordance with Departmental procedure, the application was circulated by Planning Staff to Town departments for comment. As well , the Regional Planning Department has provided copies of comments received through their circulation of the application . The following is a summary of the major comment received: Town of Newcastle Fire Department "No objection. Response to this location is from Station 4 located on 1rul1 's Road north of Nash Road and water supply is by Fire Department tanker truck." Central Lake Ontario Conservation Authority "The site of the above application is situated within a small woodlot, north i! of Highway L. The woodlot is separated from the balance of the forested lands in Lot 26, by a cleared easement located at the northern limit of the proposed rezoning area. Bound by existing development at the east and west and Highway 2 at the south, the woodlot is of an isolated nature. The property is subject to the Authority' s Fill and Construction. Prior to the actual development of the lot, the Authority will require a lot grading plan to be submitted for approval . i The Authority staff have no objection to the approval of the proposed amendment." Region of Durham Works Department "The Regional Works Department has reviewed the above-noted amendment application and wish to provide comments as follows: Municipal water supply and sanitary sewer services are not available to the subject land and the Regional Works Department has no plans within its capital budget to extend said services into this particular area of the Town . . .3 I I i i REPORT NO.: PD-164-86 Page 4 Ministry of Transportation and Communications (Cont d) As a condition of permit approval , we will require that a 0.3 Metre Reserve be conveyed to this Ministry across the entire frontage of the property with the exception of the entrance. Building setback distances of 14 metres (45 feet) will be required from this Ministry for all buildings. Permits will be necessary for all buildings, signs, illumination and entrance prior to any construction being undertaken." Signs advising of the application were posted on the Highway 2 frontage and the Hancock Road frontage of the subject property. As of the writing of this Report, one letter and two petitions with a total of 46 signatures have been submitted to the Region and the Town in objection to the subject application. The two petitions did not state any reasons for objection. The following reasons for objection were given in the one letter: - proposed redesignation from Rural to Commercial is too drastic; - not compatible with existing land use; - would set a precedent for future commercialization of the intersection of Highway No. 2 and Hancock Road. COMMENT: The subject property is designated "Major Open Space" by the Regional Official Plan. Section 12.2.2 of the Official Plan states that lands so designated shall be used for agriculture and farm-related uses, and other uses compatible with a rural environment. A motel and restaurant are not listed as permitted uses. The applicant has requested that the subject lands be redesignated to "Special Purpose Commercial " to permit the development of a restaurant and 32 unit two-storey motel . The Regional Official Plan (Section 8.3.2.1) states that Special Purpose Commercial areas shall serve those specialized needs of the residents on an occasional basis with services and facilities . . .5 REPORT NO.: PD-164-86 Page 5 I I which consume larger parcels of land and require exposure to traffic. A motel and restaurant are included as Special Purpose Commercial uses. i The Regional Official Plan states that Special Purpose Commercial areas shall not be permitted to create or extend an existing strip of commercial development. In this regard, Staff note that the lots immediately abutting the applicant' s lands to the north and east are occupied by non-farm related rural residential dwellings, while the lands to the west and south are agricultural . The closest commercial operation (Fred's Garage) lies 100 metres to the east, with five (5) residential dwellings in between . That use is legally non-conforming. The proposed development would therefore result in the establishment of a new commercial area, contrary to the intent of the Official Plan. The intent of the Official Plan policies with respect to the establishment of new commercial uses is to direct such uses to urban areas and hamlets. The basis of these policies is to discourage the establishment of urban uses in rural areas, thereby protecting the rural land base from further erosion. As well , the establishment of new commercial areas outside of designated urban areas or hamlets is not in accordance with good planning practice. In this regard, Staff note the number of sites along Highway No. 2 in Courtice which have been designated for Special Purpose Commercial uses. The proposed development could prejudice the potential development of these sites. The subject development is proposed to develop on private services and, as noted by the Regional Works Department, there are no plans to extend municipal services to this site. The Regional Official Plan (Section 8.3.3.4) states that Special Purpose Commercial uses may proceed on the basis of private services provided that an Engineering Report is submitted indicating that the soil conditions are suitable for the installation of a private waste disposal system. No such Engineering Report has been submitted with the application; however, Staff reference the comments from . . .6 i r-- REPORT NO.: PD-164-86 Page 6 theg Region of Durham Health Unit recommending that the application not be approved due to a high water table and poor surface drainage. The Ministry of Agriculture and Food has indicated that a dairy operation lies to the southwest of the subject site in Lot 27 on the south side of Highway 2, but that the proposed motel building as shown on the site plan submitted by the applicant would lie beyond the 261 metre (857 foot) setback from the barn as reuqired by the Agricultural Code of Practice. By-law 84-63 (Section 3.19(c) ) further requires new non-farm related residential buildings to be located at least 300 metres from existing agricultural buildings housing livestock. A review of topographic mapping of the area has indicated that the proposed motel building would lie 300 metres (984 feet) from the existing barn. It would appear therefore that the distance of the proposed development from adjacent livestock operations would not appear to be a concern. Staff also reference the concerns expressed by area residents and note that these concerns are shared by Staff as reflected in the above comments. It is therefore recommended that the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment application 86-24/D submitted by Mark Tomina be denied. It is further recommended that a copy of Council ' s decision be forwarded to the applicant and the * Interested Parties attached hereto. Respectfu itted, T. .' Edwards, M.C. I.P. j Director of Planning JAS*TTE*j ip *Attach. June 3, 1986 Applicant: Mr. Mark Tomina R.R. #6 BOWMANVILLE , Ontario L1C 3K7 i � I REPORT NO.: PD-164-86 Page 7 INTERESTED PARTIES Mrs. Marie Knight Hancock Road South R.R. #6 BOWMANVILLE , Ontario L1C 3K701 Mr. Idalo Cappucitti R.R. #6 BOWMANVILLE , Ontario L1C 3001 Ms. Jacqueline Runza R.R. #6 BOWMANVILLE , Ontario L1C 3K719 Mrs. Jane Hodges R.k. #6 BOWMANVILLE , Ontario L1C 300 Mr. J. Muir R.R. #6 BOWMANVILLE, Ontario L1C 3K7(( Mr. Frank Chumbley R.R. #6 BOWMANVILLE , Ontario L1C 3K71( Mr. Noel Rivers R.R. #6 BOW[YANVILLE , Ontario L1C 300 Mr. L. Goodchild R.R. #6 BOWMANVILLE , Ontario L1C 3K79 Mr. Dennis Forret R.R. #6 BOWMANVILLE , Ontario L1C 3K7(( Karen & Robert Campbell R.R. #6 BOWMANVILLE , Ontario L1C 3K70 Isabel and Bob Wright R.R. #6 BOWMANVILLE , Ontario L1C 3K701 Louise and Alan Vaillancourt R.R. #6 BOWMANVILLE , Ontario L1C 3K7N i kEPOR7 NO.: PD-164-86 Page 8 INTERESTED PARTIES Mr. Victor Budai R.k. #6 BOWMANVILLE , Ontario L1C 3K7(( Mrs. Julia Budai k.R. #6 BOWMANVILLE , Ontario L1C 3K70 Mr. Gerald J. Freker R.R. #6 BOWMANVILLE , Ontario L1C 3K7I (sir. James Lloyd R.R. #6 BOWMANVILLE , Ontario L1C 3K70( Robert & Buryl Keene R.R. #6 BOWMANVILLE , Ontario L1C 31<7(( Mr. John Faucett R.R. #6 BOWMANVILLE , Ontario L1C 3K7(9 Mrs. Donna Reid R.R. #2 BOWMANVILLE , Ontario L1C 309 Mr. J. Planeta Group 13, Box 16 R.R. #3 BOWMANVILLE , Ontario L1C 3K4(i Mr. Gerald Marsh Group 13, Box 7 R.R. #3 BOWMANVILLE , Ontario L1C 3K40 y SUBJECT SITE OTHER LANDS OWNED BY APPLICANT 30129 28 27 2625 24 23 22 21 TAI { I E t t A-I o : A I W M3 U z (�i t �EP)l I 0 NASHIA ROAD I tr , - c Q q o I I EP I C6 :EP N d Q A O o� I o SEE x Hwr'NQ Qo SCHEDULE 18' W U° , a 2 (MAPLE GROVE) x z I z can i of o W w , z A I a: z 0 I , U BLOOR STREET 0 280 S00 I000- KEY - MAP `�"'`', """'' � S�m 00