Loading...
HomeMy WebLinkAboutPD-4-82 i 4 i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO 1_0131,10 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 11, 1982 REPORT NO. : PD-4-82 Subject: Application for Rezoning Z-A-1-3-4 Part of Lot 20, Concession 2, former Township of Darlington Petrofina Canada Limited. i i i Recommendation: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following:- 1. That Report No. PD-4-82 be received; and 2. That Application for Rezoning Z-A-1-3-4 affecting part of Lot 20, Concession 2 be approved; and 3. That the attached By-law Number 82- be forwarded to Council for approval at such time as the applicant has satisfied the requirements of the Town of Newcastle Work's Department relative to access , grading and drainage Background: The subject application requests an amendment to Restricted Area (zoning) By-law 2111 of the former Township of Darlington to rezone a 4671. 7 square metre (1. 15 acres) parcel of land located on the north- east corner of Preston Road and Highway Number 2. The applicants intend to rezone the subject lands in order to permit the re-opening of an existing service station. vetl I V 660 Report No. : PD-4-82 . . . .2 The site is designated "Major Open Space" by the Region of Durham Official Plan. Generally, uses such as automobile service stations are not permitted to locate within this type of landuse designation. How- ever, the Regional Plan addresses automobile service stations as being "Special Purpose Commercial" uses and implies that this specific use is permitted within any landuse designation of the Regional Plan without an i amendment to same, provided that such use is recognized in the Restricted Area (zoning) By-law of the municipality. Therefore, the proposed rezoning to allow the re-opening of an existing automobile service station would ( appear to conform with the policies of the Durham Official Plan. The site is presently zoned "A-Agricultural" by Restricted Area (zoning) By-law 2111, of the former Township of Darlington. The proposed By-law amendment would apply a "Special Provision" to this site in order to permit its use for an automobile service station. r In accordance with departmental procedures, the subject application has been circulated to various departments and agencies for comment. The following comments were received:- The Durham Region Planning Department "Please be advised that the proposed zoning amendment to permit the re-opening of a service station on the site would appear to conform provided that it is zoned within a Special Zoning Category in the Restricted Area By-law and that the requirements of Section 8.3.3.3 of the Durham Plan are satisfied, i .e. 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." Report: PD-4-82 . . . .3 The Durham Regional Health Unit "no objections" Ministry of Transportation and Communications "Please be informed, this location when constructed met all requirements from the Department of Highways. The M.T.C. would not object to the proposed rezoning (C2 - Highway Commercial) . Due to the proposed Highway construction, the Entrance Standard would have to be modified to tie in with the widening of the Darlington 10th. line road." r Ministry of Agriculture and Food "no objections" Newcastle Public Works Department 111. That the Applicant be required to enter into a Site Plan Agreement. 2. That access be from Highway No. 2, in accordance with M.T.C. apecifications and approval. 3. That the Applicant stop up and remove the existing access from Preston Road. 4. That the applicant be advised of the Town of Newcastle/M.T.C. proposed reconstruction of Preston Road and Highway No. 2, and that the Applicant dedicate the required road widening. 5. That the applicant indicate future plans for the use of the land indicated as "surplus" on the Plan. (Staff note that only the site of the existing service station shall be re- zoned the balance of the site shall remain in the 'A' - Agriculture zone. 6. That the Applicant indicate on the Site Plan the existing grades and direction of storm water runoff." Newcastle Building Department "no objection" f Newcastle Long Range Planner "The lands in question are designated Major Open Space in the Durham Regional Official Plan. Highway Commercial type uses are not permitted within this designation. However, Section 16.6.5 of the Regional Plan would suggest that Council may only zone to -IV--5 Report: PD-4-82 . . . .4 permit the continuation, expansion, or enlargement of a "service station". As such, the request to zone the lands C-2 highway commercial would be beyond the intention of the Plan, given that the C-2 zone would permit a variety of other uses. I would have no objection to the processing of a by-law amendment which would recognize the service station. However, I feel that to permit any other highway commercial uses, as are permitted in the C-2 zone, would not be in conformity with the Official Plan." Newcastle Fire,Department "The Fire Department has no objection to the application for rezoning. Storage tanks and dispensing equipment to be installed in accordance to the Gasoline Handling Act and Code-0. Reg. 29/70 Highway access to property under the authority of Department of Transportation and Communications." Comments: Staff have reviewed the -application for rezoning submitted by Petrofina Canada Limited and note that since the proposed re-opening of this existing automobile service station appears to conform with the policies of the Region of Durham Official Plan, we would have no objection to the approval of the subject application. In addition, staff note that the applicant has not indicated the addition of any new buildings or substantial expansions to the existing r facilities, therefore, a site plan agreement will not be required for this property. We note however, that the Public Works Department has expressed a number of concerns relative to access, grading and drainage. In that regard, we would suggest that prior to approval of the requested rezoning the applicant be requested to submit lot grading and drainage plans to the Public Works Department for their review and approval and that the applicant also satisfy that Department's requirements in respect of access to Preston Road (Road Allowance between lots 20 and 21, Con. 2) . The question of access to andwidening of Highway 2 is a matter of Provincial concern and M.T.C. has indicated that some modification may be required at the time of Report: PD-4-82 . . . .5 Highway reconstruction. In view of the foreoging it would be appropriate to forward the attached by-law to Council for approval at such time as the applicant has satisfied the Public Works Department's requirements relative to access and drainage. Respectfully.-5'6bmitted, T. T. Edwards, M.C.I.P. , EP/TTE•cc Deputy Director of Planning. December 21, 1981 }