HomeMy WebLinkAboutPD-169-82 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF OCTOBER 12, 1982
REPORT NO. : PD-169-82
SUBJECT: APPLICATION FOR REZONING AND SITE PLAN
APPROVAL BY MUTT ENTERPRISES LIMITED
PART OF LOT 14, CONC. 1 , FORMER TOWN
OF BOWMANVILLE - Z-A-2-4-11 & S-P-2-33
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PO-169-82 be received; and
* 2. That the draft Zoning By-law amendment attached
to the Report be forwarded to Council for
approval ; and
* 3. That the attached By-law authorizing execution
of an Agreement between Mutt Enterprises
Limited and The Corporation of the Town of
Newcastle be approved ; and
* 4. That the attached Development Agreement between
Mutt Enterprises Limited and The Corporation of
the Town of Newcastle be approved for i
execution; and
5. That a copy of this Report be forwarded to the
Region of Durham and that the Region be
requested to review the posted speed limit on
Waverly Road (Regional Road 57), north from
Baseline Road to the intersection of Martin
Road, and if warranted to reduce the present
speed limit in order to apply a consistent
limit from Baseline Road north to Highway 2.
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Report No: PD-169-82 „ ./2
BACKGROUND:
An application for site plan approval and rezoning was
submitted by Mutt Enterprises Limited in late July of 1982.
The applicants are seeking approval to permit the
construction of a gas bar on a one (1 ) acre parcel of land
located on the corner of Liberty and Base Line Roads in
Bowmanville. The lands are designated "Industrial " in the
Durham Region Official Plan and in the Official Plan of the
Bowmanville Urban Area.
In accordance with our Department 's standard procedures , the
applications were circulated to a number of affected
departments and agencies . The following is a summary of the
comments received:
Regional Planning
"Further to your request for comments we note that the site
is designated "Industrial " in the Durham Regional Official
Plan and the Official Plan of the Bowmanville Urban Area
(adopted by Regional Council on July 7, 1982). Section
8.3.3.3 of the Durham Plan states that:
"Existing and new automobile service stations shall be zoned
by the Council of the respective area municipality within a
special zoning category in the zoning by-laws without
amendment to this Plan provided that :
a) In the opinion of the Council of the respective area
municipality such locations do not create a nuisance to
the adjacent residential areas;
b) They are located abutting an arterial road, or a
collector road as may be defined in a district plan, and
have access from these roads, subject to the approval of
the authority having jurisdiction; and
c) Such locations are not adjacent or opposite to
schools."
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We will provide you with further comments when our
investigation on Regional services has been completed."
Report No: PO-169-82 .. ./3
Regional Works
"The Regional Municipality of Durham Works Department has
reviewed the above noted site plan and wish to provide our
comments as follows:
Municipal water supply is available to the site through the
existing watermain on Baseline Road.
There is sanitary sewer abutting the Baseline Road frontage
of the subject land. However, due to the capacity
constraints of the receiving Bowmanville Creek Sewage
Pumping Station and some sections of the downstream sanitary
trunk sewer, the necessary sewer capacity is not available
to accommodate this proposal .
Provision has been made in the Region 's 1982 Capital Budget
and Four Year Forecast for construction of a trunk sewer to
alleviate the aforementioned problems. However, the actual
scheduling for construction will be subject to Regional
Council Approval of the 1983 Capital Budget.
For the above reason, we had considered the related rezoning
application under File 7_-A-2-4-11 to be premature until
Regional Council Approval is received to proceed with the
construction of the required trunk sewer. Accordingly, we
are not in a position to provide favourable comment to this
site plan application at this time."
Newcastle Fire
"The fire department has no objection to the proposed
application.
Adequate municipal water supply for fire protection is
available within the area; fire hydrants are required to be
located within 300 feet of buildings to be protected.
Fire emergency response time and travel distance are within
an acceptable limit from Station ##1 .
Underground storage tanks and dispensing equipment to be
installed in accordance to the Gasoline Handling Act and the
Ontario Gasoline Handling Code.
Restriction in regards to Highway 401 and interchanges to be
complied with."
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Report No: PD-169-82 .../4
Newcastle Works
"I have reviewed the subject applications and submit the
following comments :
1 . That the entranceways to Waverley Road, all site
drainage to Waverley Road, the sewer and water
connections on Base Line Road, all be subject to the
approval of the Regional Municipality of Durham, and
that the sewer and water connection on Base Line Road be
outside the limits of the Base Line entranceway.
2. That the Applicant submit a proper lot grading and
drainage plan, for the approval of the Director of
Public Works, and that the drainage plan conform to the
Town of Newcastle's Design Criteria and Standard
Drawings, showing existing and proposed elevations,
drainage swales , ditches and outfalls.
3. That the entranceways be in accordance with the Town of
Newcastle's Entranceway Policy and By-law, and that they
be constructed as Commercial , Light Industrial , with a
minimum consolidated depth of:
1 -1 /2" H.L.8 Base Course
1 -1/2" H.L.3 Surface
9" Granular 'B'
3" Granular W .
4. That all shubbery, trees and planters be located on
site.
5. That the fuel storage tanks be located with a minimum
set back of 10 ft.
6. That the Applicant dedicate a 10 ft. widening on Base
Line Road, for future road purposes."
COMMENTS:
In accordance with the recently approved procedure, an
information sign which described the rezoning request was
posted on the site in question. The Planning Department
received a number of inquiries, as well as a written
submission, presented by Mrs. S. Lutooze of 80 Roser
Crescent, on behalf of a number of her neighbours.
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Report No: PD-169-82 .. ./5
* The letter prepared by Mrs. Lutooze is attached to this
Report, as is our response. Planning staff have attempted
to resolve the concerns expressed by the area residents, and
believe that the revised proposal being recommended for
approval is a reasonable approach which eliminates many of
the perceived problems relating to the development of this
site. It would appear, from our point of view, that
concerns expressed by local residents have been effectively
addressed in the revised proposal .
The position taken by the Regional Works Department relative
to servicing, has been taken into consideration. However,
Planning staff feel that given the flexibility offered in
the Regional Plan which would allow development to proceed
on the basis of private services on a temporary basis, the
proposal conforms to the Official Plan. Staff feel that
this proposal should be allowed to proceed at this time on
the understanding that connections will be made once
Regional sewage system capacity becomes available. The
draft Agreement attached to this Report addresses the
question of temporary servicing and requires the owner to
agree to connect to sewers once capacity becomes available.
The draft Zoning By-law amendment attached to this Report
has been prepared as a Special Provision and the uses
permitted are limited strictly to a motor vehicle gasoline
bar as defined in the amendment. The Site Plan Agreement
which is proposed and recommended for approval , provides for
the placement of a landscaped berm and clearly indicates the
location of all buildings, structures and other site
development features.
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Report No: PD-169-82 .. ./6
Subsequent to their earlier comments, which are outlined
above, the Regional Works Department have indicated verbally
that the proposed access from Regional Road 57 is
appropriate and in accordance with their standards.
However, notwithstanding the conformity with their standards
staff are suggesting, at the request of the residents, that
the Region be requested to review the speed limits on
Regional Road 57, and if warranted, reduce the limit between
Baseline Road and the Martin Road intersection to the same
limit as presently applicable between the Martin Road
intersection and Highway 2.
Based on our review of the submissions made and the apparent
conformity of the proposal to Official Plan policies,
Planning staff are recommending approval of the draft By-law
amendment attached to this Report, as well as the
Development Agreement, also attached.
Respe tfu11 a tted,
. T. Edwards , M.C.I .P.
Director of Planning
FA*TTE*mjc
September 30, 1982
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO L08 1J0 TEL,(416)263-2231
September 28, 1982
Mrs. S. Lutooze
80 Roser Crescent
BOWMANVILLE, Ontario
Dear Mrs. Lutooze:
Re: Application for rezoning and site plan approval
Part of Lot 14, Conc. 1 , Bowmanville
Our files : Z-A-2-4-11 and S-P-2-33
Further to your letter of unspecified date, and our meeting
of September 16th, 1982, please be advised that the
applicants in respect of the above-referenced applications
have now submitted revised site plans for the development of
the north-west corner of Baseline and Waverly Roads. This
plan has basically the same lay-out as previously submitted,
however the one diesel pump originally shown to the north of
the building has been removed and appears to have been
relocated to the south of the building, thus providing
further separation from residential areas. The major change
to the site plan has been the addition of a berm along the
north and west boundaries , plus the provision of extensive
tree planting which, as can be seen from the cross-section,
will contribute greatly to the visual amenity of this site.
This shall also confirm, as was indicated at our meeting,
that the lands in question are presently designated for
industrial purposes within the Durham Regional Official Plan
and the Bowmanville Urban Area Official Plan. The use of
this site for a motor vehicle gasoline bar would be permitted
within the industrial designation and therefore is in
conformity with the Official Plan, and in fact is, in my
opinion, more compatible with the adjacent residential uses
than would be many industrial uses. For this reason, staff
will be recommending approval of the necessary amendment to
the Zoning By-law in order to permit this proposal to
proceed.
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At the same time, however, the applicant is required to enter
into a Site Plan Agreement which further restricts the use of
the lane' , As with the site plan, a copy of a draft Site
Plan Ar ,ement is it-'uded for your information.
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Mrs. S. Lutooze 2
September 28, 1982
I would reiterate the points made at the meeting that it is
our intention to zone the lands to permit a motor vehicle
gasoline bar only. If at some time in the future the owners
wish to expand the use of the lands, both a rezoning and an
amendment to their Site Plan Agreement would be required, at
which time further public notice would be provided.
I would also note that following our meeting, Mr. Ivano
Manias contacted Turbo Resources about the possibility of
re-orienting the uses in an effort to eliminate at least one
of the access points from Waverly Road. However, Turbo has
apparently indicated that they would be unable to live with
such a design. Notwithstanding this, Turbo has been most
co-operative and I believe that the presently proposed site
plan goes a long way towards addressing any possible impacts
of this development upon the adjacent residential uses.
In view of this , a staff Report will be presented to the
Town 's General Purpose and Administration Committee on
October 12th, 1982. If not included with this letter, a copy
of the Report may be obtained from the Planning offices on or
before October lst, and should you or any of the other
concerned residents wish to appear as a delegation to the
Committee meeting in respect of this proposal , you should
make arrangements with the Town Clerk, Mr. David Oakes, at
623-3379 prior to noon-hour October 6th.
I trust that this information will be of assistance, however
should you have any questions, or require any additional
information, please do not hesitate to call . Furthermore,
should you wish me to attend a meeting of your residents'
group to discuss this proposal , I am at your disposal .
I would also take this opportunity to remind you of our
request for comments in respect of the possible future zoning
of other lands to the west of this site which are presently
designated as industrial within the Official Plan, and
confirm
nlY understanding that your group may be making a
submission relative to this aspect of the draft Comprehensive
Zoning By-law for the Town of Newcastle.
Yours
T. T. Edwards, M.C. I.P
Director of Planning
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SEP 14
R'n'JVM OF NEWCAsnE
!'CANNING DEPARTMENTJ
BRIEF FRO14 THE CITIZENS OF THE ROSER CRES. AREA
RE : THE RE-ZONING AND SITE APPROVAL,
APPLICATION FOR PART OF PART 19
LOT 14, CONC. 1 BOWMANVILLE, P14 ti
# Z-A-2-4-11 and 9 S-P-2-33
— — — — — — — — — — — — — — -- — — — —
The residents of Roser Cres. , who are concerned about the proposed
service station at the above mentioned location, met Thursday, October 7,
to review the staff report from the planning and Development Department,
# PD-169-82, a copy of which was made available to us by Mr. T. T. Edwards.
The I following ate what, we consider to be valid observations,
concerns, and recommendations, pertinent to the decision to re-zone and
accept the site plan of the above mentioned property in application
# Z-A-2-4-11 and S-P-2-33 , your files.
Not all recommendations, observations, and suggestions are directed
toward the development of a gas bar, but toward future development of the
area in general.
a We agree with the Planning Department recommendation that
the RegiOn be requested to review the speed linit on
Rd. # 57, north from Baseline Rd. to the intersection of
Martin Rd.
b We recommend that the Region not just review and file
this matter, but review and lower the existing speed
limit in order to apply a consistant limit from Baseline
Re. north to highioay # 2.
c We also recommend that approval of this application of
site plan and re-zoning not be implemdnted until the Region
has finished their review.
d We further recommend that approval of the site plan and
re-zoning, be made only when this lowering of speed limit
is actually in force.
P.
ITEM 2:
a ) We agree ioith the position taken by the Regional Works
Department, paragraph 5 of their report, in as much as
any approval is premature at this time.
( b ) We recommend that approval of this application be ieitheld
until sanitary sewers are available to the above mentioned
property. Perhaps this application can be presented to
the General Purpose Committee after the 1983 budget ha.s
been compiled.
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ITEM : RE: THE DEVELOPMENT AGREEMENT BETWEEN MUTT ENTERPTISES LTD
AND THE CORPORATION OF THE TOWN OF NEWCASTLE.
( a ) Re: Development; Agreement #3 - PARKING AND LOADING
We request clarification of this item regarding areas
assigned for parking, in as much as who is expected to
use the parking area and for how long, takinfr into
consideration the nature of the propsed business.
( b ) Re : Development Agreement #6 - GRADING AND DRAINAGE
We are concerned with the drainage of storm, surface and
waste i-ater as it applies to the area east along Baseline
Rd. , past Spry Ave. , toward the flood plain, where
storm sewers are non-existant, only drainage ditches;
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and also, unrest along Baseline Rd. , toward the intersection
of Martin Rd. , and Baseline Rd.
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( b--1 ) We wish the works department to clarify in which direction
the waste water from the proposed development will flow.
We feel that due to the surfacing of the service area,
the natural seepage of water into the ground will not
occur and all storm, surface and , -ater will have
p• 3•
to run into the storm sewer system.
We wish to observe two points at this time;
( b-ii ) Firstly, the land on the south side of Baseline Rd. ,
now occupied by the nursery, receives the waste water
from the major part of the subdivision. There are
times when the west end of that land is submerged. The
existing storm sewer along Baseline Rd. , west from # 57,
connects to the storm sewer coming south along Martin Rd. ,
then continues south to a prainage ditch along the
unopened extension of Martin Rd. We feel that if the
flow of excess water from the corner lot development
goes west , the increase would be detremental to the
already soaked nursery lands. When eventual development
of ajoining lands along the north side of Baseline Rd. ,
takes place , thier surfacing of parking and/or loading
areas will add to this flow. The lands now occupied
by the nursery will then be totally unusable.
( b-iii) Secondly, the new storm sewer being placed at this time
east from Rd. 57 to Spry Ave. , is going to stop at
Spry Ave. The excess water will then flow into a
drainage ditch east to the flood plain and the creek.
The existing water already flows over the banks of this
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ditch in the vacinity of Swartz' farm in the spring.
Taking into account the low land in that area, and the
fact that the parking, area of the Shell Station is now
surfaced, we feel that the danger of flooding along
Baseline Rd. is already present.
( b-iv ) We, therefore, recommend that the approval of this
application be witheld until storm drains can be added
P-4.
to Baseline Rd. , east of Spry Ave. , OR to Ma rtin Rd. , S. ,
whichever will be taking; the flow from the proposed
Service Startion and adjoining industrially designated
areas.
( c ) lie: Development Agreement #7 - ILLUMINATION
( c-i ) We recommend t at the identification signs ( TURBO )
not be more that 20 feet tall. To clarify thie, we
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must remind you that there was, at onv time, a tall
Shell identification sign behind the houses on Roser
Cres. This sign was extremely tall, taller ve beleive
than Turbo plans to make their signs. But, none the
less, due to the disturbing nature of that other sign,
the residents are fearful of a repeat. This is why we
request a maximum height of 20 feet.
( c-ii) We also request that the identification sign proposed
for the south west corner of the property, be re-located
to the south east corner of the property.
(d) Re: Development Agreement # 8 - FENCING AND LANDSCAPING
( d-i) We wish to have clarified whether or not there will
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be a fence along the west boundary of the property,
as this is not indicated on Schedule t'Ctt , the Site Plan.
( d-ii )If so, what type has been considered. We respectfully
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suggest that it be tall enough to deter children from
climbing it. _..
( d-iii)If not, we .recommend that there be a 61 ,to 81 fence to
deter children from climbing; it, therefore helping to
keep them a-ay from the service area.
( d-iv) We wish to have clarification on the upkeep of fencing.
P.
Does this include joint upkeep ventures with the owners '
of the existing fencing along the north boundary?
(e) Re : Development Agreemeny 9 - SIDEWALKS
( e-i) Firstly, we wish to know, from the Regional Development
Plan if sidewalks are planned for Rd. 57, from the junc-
tion of Martin Rd. to the intersection at Baseline Rd.
(e-ii) If so, we .recommend approval of the site plan upon
adjustment to allow for future construction of a sidewalk
and grassy boulevard along d
g . , 57• We suggest a grass
boulevard between the sidewalk and the road because of
the heavy traffic on Rd. 57, as it is a main arterial
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- route.
( e-iii) We also recommend that adjustments be made to the site
plan, for not only -future widening of Baseline Rd. , ,test
from Rd. 57 (which has already been allowed for in the
site plan) , but also for the future construction of a
sidewalk and grassy boulvard, As Baseline Rd. , will
eventually be developed as an east west arterial route
and will be eventually commerially developed on both
the north and south sides.
( e-iv) If sidewalks and Boulevards are not sheduled to be
eventually constructed,as has been done along Roenic4 Dr. ,
we recommend t.' at approval of this site' plan be delayed
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until this point h as been implemented by the Region.
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Then, and only then, we would recommend that approval
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be made when recommendations in our items ( e-ii) and
(e-iii) , site plan adjustments, have been met.
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6
H
P.6.
We have respectfully submitted Chid brief, not to
harass those who wish to develope in our area, (we have
resigned ourselves to the fact that progress and develop-
ment will come) , but to ensure for ourselves and future
residents that our neighbourhood be as safe and pleasant
in which to live as possible.
S. Leetooze,
for the citizens
of the Roser Cres. area.
Bowmanville, OcV. 8, 1982.
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