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HomeMy WebLinkAboutPD-302-86 TOWN OF NEWCASTLE REPORT File #t� ; Res. `' ✓ ,� `� �� �• By-Law # hEETING: General Purpose and Administration Committee DATE: Monday, December 15, 1986 REPORT #: PD-302-86 FILE #: DEV 86-63 SUBJECT: REZONING APPLICATION - CLAUDE HARNESS PART LOT 5, CONCESSION 2, FORMER TWP. OF CLARKE OUR FILE: DEV 86-63 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-302-86 be received; and 2. THAT the Committee table the application to permit Staff to receive comments from the Ministry of the Environment, the Ministry of Commercial and Consumer Relations, and the Ministry of Agriculture and Food. BACKGROUND: On October 20, 1986 the Planning Department received an application submitted by Mr. Harness for rezoning. The application was filed in order to request a change in the zoning to recognize an existing Waste Oil Transfer Station. The applicant is the owner of approximately 40 hectares of land located in Part of Lot 5, Concession 2, in the former Township of Clarke. The property is currently zoned "Agricultural (A-1) " in the Town' s Comprehensive Zoning By-law 84-63, as amended. The comments from the Durham Regional Planning Department concur with the interpretation of Staff that this site is designated as "Permanent Agricultural Reserve" in the Durham Regional Official Plan. . . .2 REPORT NO.: PD-302-86 Page 2 This situation was brought to the attention of Staff by a letter from the Ministry of Environment, dated September 15, 1986. This was a request for comment on the certification of a Transfer Station. A letter from the Director of Planning dated October 3, 1986, informed the Ministry that Council would make a decision with respect to the stance of Council regarding this certification, at its meeting of October 14, 1986. Report PD-240-86 was approved by Council and a copy of the Report was sent to the Ministry of Environment on October 17, 1986. A request to issue a temporary certification , until the question of Zoning By-law conformity had been resolved, was also sent. On October 20, 1986 the applicant filed his application for rezoning. 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. Staff would note that no objections to the proposal were received, at the writing of this Report, with respect to the amendment requested. We note, however, one telephone enquiry was received relative to certification procedures. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted with Staff Report PD-240-86. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Town of Newcastle Community Services Department - Town of Newcastle Building Department - Ganaraska Region Conservation Authority - Regional Health Services Department - Ontario Hydro Concern was raised by the Newcastle Fire Department. They had no objection to the use, but did raise the following issues: "I would note that the property is beyond the recognized five mile response limit from a fire station. Water supply for firefighting is by fire department tanker trucks. . . .3 REPORT NO.: PD-302-86 Page 3 The Waste Oil Transfer Station is to meet existing Ministry of Environment regulations and the Gasoline Handling Code, in regard to regulations for underground and above ground storage tanks. There is a large pond on the property, in close proximity to the storage area, which possibly should be considered with regard to contamination by product spills or leakage." Planning Staff is similarly concerned and has requested comments from the appropriate agencies. As of the writing of this Report no response has been received regarding these issues. After conversing with the Conservation Authority it was determined that the "pond" is not part of the Ganaraska system and the Authority is not concerned about the pond. Staff is concerned more about possible infiltration and contamination of the groundwater more than surface run-off. The Regional Planning Staff has provided the following comment: "Further to your request for comments, we note that the subject property is designated "Permanent Agricultural Reserve" in both the Durham Regional Official Plan and the Town of Newcastle Official Plan. Section 16.6.5 of the Durham Regional Official Plan provides for the continuation, expansion or enlargement of existing uses. Area Councils at their sole discretion may zone to permit the continuation of existing uses. Therefore, the Durham Regional Official Plan provides for the municipality to pass a zoning by-law to recognize the existing waste oil transfer station and agricultural use. Regarding Regional services, the Durham Works Department has advised that water and sewer services are not available and are not intended to be extended to these areas and no regional roads are involved in the application." It is apparent from these comments that the proposal may be deemed to Inform to the Official Plan , provided that Council recognizes the use in the Zoning By-law. . . .4 1 REPORT NO.: PD-302-86 Page 4 Staff will bring forward a report with a recommendation once all of the applicable comments have been received from the appropriate Provincial agencies. Respectfully submitted, Recommended for presentation to the Committee r . dwar s, M. .P. Lawrence tsef Director of Planning Chief Adm' i rative Officer TFC*TTE*jip *Attach. December 4, 1986 CC: Mr. C. Harness R.R. #1 NEWTONVILLE , Ontario LOA 1J0 AREA OF PROPOSED REZONING 10 9 8 7 6 5 4 3 2 1 CONCESSI0N ROAD 4 A-1 � 0 1 ' A p A-� I z a A -j ' _, 1 0 o a V � , A w 1 EP 0� ' I I CONC ROAD, 3 ' P I 1 1 i I I N I A ' 1 I 1 EP i I V I I Z SEE tiWY. NQ -2 EP I' O SCHEDULE 'IT' , 1 1 V RC (NEWTONVILLE) A �3 EP ; r H Y'N? 4d EP, P . A-1 . A . o 0 LSO 500 IOOOm i KEY MAP *m 00 �► I '