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HomeMy WebLinkAboutPD-118-99 . . ~ ~;"",r:e.. THE CORPORATION OF THE MUNICIPALITY OFCLARINGTON - ~, REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File# P/t./Z81l Res. fIfofJ Il- tf?3 -.11. Date: Monday, November I, 1999 Report #: PD-118-99 File #: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021 By-law # Subject: OFFICIAL PLAN AMENDMENT, REZONING & SITE PLAN APPLICATIONS APPLICANT: 1319164 ONTARIO LIMITED PART LOTS 26 & 27, CONCESSION I, FORMER VILLAGE OF NEWCASTLE - 337 & 361 KING STREET EAST FILE NOS.: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-118-99 be received; 2. THAT the official plan amendment and rezoning applications submitted by John Shuki Lau Architect Inc. on behalf of 1319164 Ontario Limited be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comment; and o 3 . THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1319164 Ontario Limited 1.2 Agent: John Shuki Lau Architect Inc. 1.3 Official Plan Amendment Application: Parts 1 and 3 (COPA 99-002): To redesignate the subject areas from "Urban Residential" to ''Main Central Area" to permit the development of retail commercial uses. 6G1 > '" REPORT PD-118-99 PAGE 2 1.4 Newcastle Village Secondary Plan Amendment Application: Parts I and 3 (COPA 99-002): To extend the "Strip Commercial Area" designation onto the subject lands to permit the development of retail commercial uses. 1.5 Rezoning Application: Parts I and 2 (ZBA 99-027): To rezone the subject lands from "General Commercial (CI) Zone", "Special Purpose Commercial Exception (C4-2) Zone", and "Holding - Urban Residential Exception ((H)RI-43) Zone" to permit the development of a two storey retail commercial plaza containing 2,112 m2 (22,733 fe) of floorspace on Part I and a two storey nursing/retirement home with 88 rooms and 175 beds on Part 2. Part 3 (ZBA 99-030): To rezone the subject lands from "Holding - Urban Residential Type One ((H)RI) Zone" to ''Holding - Urban Residential Exception ((H)RI-43) Zone" to permit the development of a gas station and 329 m2 (3,542 If) of retail commercial uses. 1.6 Site Areas: Part I - Part 2 - Part 3 0.62 hectares (1.53 acres) 0.89 hectares (2.20 acres) 0.32 hectares (0.79 acres) 2. LOCATION 2.1 The subject lands are located at 337 and 361 King Street East in Newcastle Village (See Attachment No.1) Parts 1 and 2 are located on the east side of the future Brookhouse Drive while Part 3 is located on the west side of the future Brookhouse Drive. Brookhouse Drive is the future extension of Arthur Street south of King Street East. The land holdings subject to these applications total 1.83 hectares (4.52 acres). The property in legal terms is known as Part Lots 26 and 27, Concession 1, in the former Village of Newcastle. 602 ~ REPORT PD-118-99 PAGE 3 3. BACKGROUND 3.1 On April 28, 1999, John Shuki Lau Architect Inc. submitted a site plan application (SPA 99- 021) on behalf of 1319164 Ontario Limited to the Municipality of Clarington. The applicant proposed a 1,116 m2 (12,013 tt2) retail commercial plaza on a portion of the Part 1 site that is zoned "General Commercial (C1) Zone". A review of the proposal indicated that the proposal did not comply with the zone provisions in a number of areas. These issues were discussed with the agent. 3.2 Subsequent to further meetings, the applicant increased both the area and scale of the proposal to a 2,112 m2 (22,733 tt2) retail commercial plaza on the Part 1 lands. The proposal was also expanded to include a 264 m2 (2,842 tt2) retail pad for a restaurant and a 65 m2 (700 tt2) retail area in association with a gas station on the Part 3 lands. As the size and scale of the application changed from the original submission, the applicant was informed that an official plan amendment was required. 3.3 On August 31, 1999, John Shuki Lau Architect Inc. submitted an official plan amendment application (COPA 99-002) on behalf of 1319164 Ontario Limited to the Municipality of Clarington. Within the Clarington Official Plan, the application would redesignate the Part 1 and 3 lands from "Urban Residential" to "Main Central Area". Within the Newcastle Village Main Central Area Secondary Plan, the application would designate the subject lands "Strip Commercial Area" to permit the proposed retail commercial development. 3.4 Rezoning applications to permit the retail development and nursing/retirement home on Parts 1 and 2 (ZBA 99-027) as well as the retail uses and gas station on Part 3 (ZBA 99-030) have also been submitted by John Shuki Lau Architect Inc. on behalf of the applicant. 3.5 The original site plan application (SPA 99-021) has been revised to include the proposal on Parts 1 and 2. 603 REPORT PD-118-99 PAGE 4 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Part 1 of the subject area contains a new home sales office. Parts 2 and 3 are currently vacant, generally flat, and slope southwards. Some earth has been stockpiled on Part 3 from previous activity. 4.2 Surrounding Uses: East: Urban residential North: Urban residential and commercial West: Urban residential South: Vacant lands (future urban residential) 5. OFFICIAL PLAN POLICIES 5.1 Although the Durham Region Official Plan designates Main and Sub-Central Areas, their precise limits are defined within local official plans. Ai; a result, the subject lands are designated "Living Area", which only permits the nursing/retirement home. The applicant has submitted the official plan amendment application for consideration. 5.2 The subject lands contain the following land use designations in the Clarington Official Plan. Part 1: These lands are designated "Urban Residential" which precludes retail commercial development. An application has been submitted to extend the Main Central Area to permit the proposed retail commercial development. Part 2: These lands are designated ''Medium Density Residential" which permits development of a nursing/retirement home. . Part 3: These area is designated "Urban Residential". Although a gas station is permitted within this designation, the retail store associated with the gas station and the free- standing retail commercial pad are not petmitted. An application has been submitted to extend the Main Central Area to permit these uses. 5.3 As the subject lands are currently not contained within the Secondary Plan for Newcastle Village Main Central Area, the application proposes to designate the Part 1 and 3 lands "Strip Commercial Area" to permit retail commercial uses. The Part 2 area will not be included within the Secondary Plan Area. 604 REPORT PD-118-99 PAGE 5 6. ZONING BY-LAW CONFORMITY Part 1: These lands are currently zoned "General Commercial (Cl) Zone" and "Special Purpose Commercial Exception (C4-2) Zone". A rezoning application has been submitted to permit the proposed uses. Part 2: This area is zoned "Special Purpose Commercial Exception (C4-2) Zone" and "Holding Urban Residential Exception ((H)RI-43) Zone". As the zoning does not permit a nursing/retirement home, a rezoning application was submitted for consideration. Part 3: These lands are zoned ''Holding - Urban Residential Type One ((H) Rl) Zone" and ''Holding - Urban Residential Exception ((H) RI-43) Zone". The zoning does not permit retail commercial development or a gas station. As a result, a rezoning application was submitted for consideration. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on each property. 7.2 As of the writing of this report, two telephone inquiries for general information have been received. The individuals question the need for a development of this size. 7.3 A letter of objection has been received from the owner of the plaza across the street at 282 King . Street East. It states that sufficient commercial development already exists in Newcastle Village to serve area residents. Approval of this proposal would also create hardship on existing tenants. 8. AGENCY COMMENTS 8.1 The Clarington Fire Department has no objections to the proposal 8.2 Comments remain outstanding from the following agencies: . Clarington Public Works Department . Durham Region Planning Department . Durham Region Public Works Department . Durham Region Police Force 605 "' f REPORT PD-118-99 PAGE 6 . Ganaraska Region Conservation Authority . Clarington Hydro . Canada Post Corporation . Bell Canada 9. CONCLUSION 9.1 The applicant has been advised that a retail impact study will be required to assess the impact of the expansion of the Main Central Area Given projected growth rates in Newcastle Village, the study will examine the following issues: . Need for additional commercial lands in Newcastle Village . Impact of the proposal on existing and proposed retail development . Determine whether the proposal would delay the introduction of development on lands currently designated for retail uses . Appropriateness of the proposed location The Municipality will retain the consultant to prepare the study at the applicant's expense. The Planning and Development Department will initiate this process. 9.2 The applicant has submitted a revision to draft plan approval for subdivision l8T-8806l to the south, which, among other things, replaces four semi-detached lots at the northeast comer of Brookhouse Drive and Bloom Avenue with Block 249. The site plan has been revised to incorporate this block (see Attachment No.2). As a result, the nursing/retirement home has been expanded from 60 rooms with 120 beds to 88 rooms with 175 beds. Prior to public notification, the public meeting notice was amended to include these lands. Therefore, a further public meeting will not be required to accommodate this revision. 9.3 As the purpose of this report is to satisfY the requirements for the public meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to staff for further processing and the preparation of subsequent report. 606 'REPORT PD-118-99 PAGE 7 Respectfully submitted, Reviewed by, D'~~ Director of Planning & Development ", ( ) f' ~ke.. 0 J.~ . Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer RH*DJC*cc October 22,1999 Attachment No.1 Attachment No.2 Attachment No.3 Key Map Site Plan Proposed Clarington Official Plan Amendment Interested parties to be notified of Council and Committee's decision: Mr. Ian Roher 1319164 Ontario Limited 1050 Finch Avenue West Suite 201 Downsview, Ontario M3J 2E2 Mr. Joel Hirsch Mandel Hirsch Barristers & Solicitors 180 Steeles Avenue West Suite 218 Thornhill, Ontario L4J2Ll Mr. John Shuki Lau John Shuki Lau Architect Inc. 350 Highway 7 East Richmond Hill, Ontario L4B 3N2 Mr. Marty Levinson M.S.M. Construction Limited 180 Steeles Avenue West Suite 210 Thornhill, Ontario L4J2Ll 607 ATTACHMENT .1 608 I . ~ ~. 1. ~ l:~~~ IJg r '.'1 ~~ 3 ~~! F'~ , -:. . '" I l .j.n, 11!n!~~ ! i~9~~ wi n~i I ! ,. " i ~9, ~ ~~ 0= ; if' U-1;hi " ,'I, <. !.I~ n ,g!~ z 1 j . <;,{ ..~ 0L~-m -+- , . ~ j """'''''''''''''''' I I .--------1 " i r----------------l i i i i i i ATTACHMENT .2 .. -; ~ ~ i . ~i'" I ~~ ~l tt " - --. ~ ._! 1. ~ .. ell, II'" 'I < ~!rg I ._' ~~ <l ~ I lid! ~i! !~!i , i'iH. I ~u !I l~!iE ' ',@. . . :J i~'>x Il'i' I ~ ! ' I i;b I i! i I j L.\ ; . X . I . I ,~ a. t ~ Ii i9 ~ ... ~ ~ -. i if i i l! ~ i ~ ~ ~ IIIH: i : n l.: ; I!! I ; ! ' ! ~ i ~ i ~ II -~ n. , 6 l!.~810 ~ I~ HnHiH~ " ii:, i j~ H . :0 'i 11 H :l i , I g 1. ~.. ;!! y g ~~. ~ l!' ':' 1 ":.. ~:; '" ~ l: . i ~ ! :11 ~ i i it a J d ~~ hi , ! ! h ~ ~ ~ m i E ~ 0 ~nh . . p~ ~ ~ I L! L r---~-~T--r~-T--l--I----- ! i i i i 'I ! i i i i , Iii i i I '"" , ~ _II_~ _Il~_~ I I ~-------l ! 'i i ! II' i i ( ," ,______-1____L___L__ 609 ATTACHMENT.g L: JOHN SHUKI LAU ARCHITECT INC. 350 Highway 7 East PH3, Richmond Hill, Ontario. L4B 3N2 Tel: (905) 707-0818 Fax: (905) 707-9716 PROPOSED AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN Purpose: The purpose of this amendment to the Clarington Official Plan is to extend the Newcastle Village Main Central Area by re- designating land from urban residential to retail commercial. Location: The subject site is located between the King Sf. E, and Brookhouse Drive on the Lots 26 & 27, Concession 1, former Village of Newcastle. Basis: The proposed change will permit 2,441 sq.m. of commercial uses to be interacted with the neighborhood and to reinforce the adjacent commercial development acting as a gateway to serve the vicinity area. Actual Amendment: The Newcastle Village Urban Area Map A4 is amended by re- designating the subject lands from "Urban Residential" to "Main Central Area". The Newcastle Village Main Central Area Secondary Plan is hereby amended by extending the Main Central Area Boundary and designating these lands to "Strip Commercial Alea" as indicated on shaded area on Map A as attached to this amendment. Implementation: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this Amendment. Interpretation: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 610 -_. --'-,----- LAKE ONlA'R/O - - - URBAN BOUNOAAY t ~ D rn:J - - - - MURE URBAH RESlDENTW. URa,.u.l RESlOENTW. ~roll.lM OENSlT'f R"""""" WJN CENTRAL. ARfA LOCAL COiTAAL AREA """' INDUSTRIAL AAEA unUlY ~ RETAIl. COMMeRc.IAl.. ~ _ I.QO 800.. _. U~l --, ~ EtMRONI.IENTAL ., PROTECTION AREA - GREO! SPACE .. WATERfRONT GRt(NWAY - COI.IWNITY PARK . DISTRICT PARK . Hf1GH60URHOOO PARK " PU6UC SECONOAAY SCHOOL 5' SEPAAATE. SECOHOAA'l'SCHOOl ,;; PUBUC El..DlENTARY SCHOOL IS SEPAAATE ElELlENTARY SCHOOL SPf;Cw... 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