HomeMy WebLinkAboutPD-69-82 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO 1_013 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MAY 3, 1982
REPORT NO.: PD-69-82
SUBJECT: OBJECTION TO BY-LAW 82-26 - A BY-LAW
TO PERMIT THE RE-OPENING OF AN EXISTING
SERVICE STATION ON PART OF LOT 20, CONCESSION
2, FORMER TOWNSHIP OF DARLINGTON
OUR FILE: Z-A-1-3-4
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-69-82 be received; and
2. That the following Resolution be forwarded to
Council for adoption and for submission to the
Ontario Municipal Board along with By-law
82-26:
"WHEREAS the Council of the Corporation of the
Town of Newcastle has approved By-law 82-26 in
response to a request by Petrofina Canada
- Ltd.;
AND WHEREAS the effect of By-law 82-26 will be
to allow the applicant to reopen an existing
Service Station fronting onto Highway 2 in the
former Township of Darlington;
AND WHEREAS the Council of the Town of
Newcastle is satisfied that By-law 82-26 is in
conformity with the Durham Regional Official
Plan;
4 t,
Report No. : PD-69-82 . . ./2
BE IT NOW THEREFORE RESOLVED that the
Corporation of the Town of Newcastle hereby
requests the Ontario Municipal Board to approve
By-law 82-26, notwithstanding the objection
received and further requests the Ontario
Municipal Board to convene any required public
hearing in respect of By-law 82-26 at the
earliest opportunity and further hereby
authorizes Town staff and/or the Town Solicitor
to represent the Municipality at any such
hearing that may be convened."; and
2. That the applicant and objector be advised of
Council 's actions.
BACKGROUND:
As outlined in Report PD-4-82, By-law 82-26 was passed by
Council in response to a request by Petrofina Canada Ltd. to
rezone a 4671 square metre parcel of land located on the
north-east corner of Preston Road and Highway Number 2. The
applicants intend to re-open an existing service station.
Rezoning is required because the site is zoned
"A-Agricultural " and a service station is not a permitted
use in that zone. The service station was apparently
operated for a number of years as a legal non-conforming
use, however this status was lost when the business was
discontinued in July of 1980.
COMMENTS:
During the required circulation the Town Clerk received one
letter of objection to the approval of By-law 82-26. The
objection was submitted by Mr. and Mrs. Gregory Gallello. A
* copy of their submission is attached to this Report.
Report No. : PD-69-82 . . ./3
The concerns expressed by the Gallellos are primarily
related to the maintenance of the property. According to
the objectors, the previous operator failed to contain
refuse and failed to maintain the yard areas.
Staff can appreciate the concern expressed by the objectors,
however we feel that these matters could be addressed
through the enforcement of a property standards by-law.
Provided that Council is now in a position to proceed with
the adoption and enforcement of a property standards by-law,
staff believe that it would be appropriate to advise the
objectors that their concerns regarding the maintenance of
the property will be dealt with within the context of such a
by-law.
Staff are therefore recommending that By-law 82-26 be
forwarded to the Ontario Municipal Board for their approval
and that Council give serious consideration to passing a
property standards by-law.
Respectf01 y",,submi tted,
T T. Edwards, M.C.I .P.
Director of Planning
Mr. R. J. Benson
FA*TTE*mjc Petrofina Canada Inc.
April 21 , 1982 Ste. 601 , 1 Yorkdale Rd
TORONTO, Ont., M6A 3A3
Mr. & Mrs. G. Gallello
R.R. # 6
BOWMANVILLE, Ontario
L1C 3K7
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