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HomeMy WebLinkAboutPD-1-93 Tt~ C0~0H~1°I®tJ 0. ` ~'F[ l°OiV 0 t~CAS7"L DN:0PA91024.GPA ® PUBLIC MEETING ~ ~ ~~~~-~~~~~`"f a ~ l~ ` ~ C`` ~ , L _i. Meeting: General Purpose and Administration Committee ~iie ~ 4~ ~ ~ ~ ~~=-!~' ~ % f, ` ~ }ate; Monday, January 4, 1993 13es. G P/~ -3- 93 ~y-Lam ~ ~ - ~ Ftep®~. PD-1-93 File OPA 91-024/N (x-ref DEV 91-019 and 18T-88046) Subject; OFFICIAL PLAN AMENDMENT - MARTIN ROAD HOLDINGS PART LOT 15, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: OPA 91-024/N (x-ref DEV 91-019 and 18T-88046) rn sntio~~: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-1-93 be received; 2. THAT the revised application to amend the Town of Newcastle Official Plan, submitted by Design Plan Services Inc. on behalf of Martin Road Holdings Ltd. be Approved as per Attachment No. 1 to this report; and 3. THAT the necessary by-law, attached hereto, to adopt the above- referenced Official Plan Amendment be passed and the Amendment be forwarded to the Ministry of Municipal Affairs and the Region of Durham Planning Department; 4. THAT the interested parties listed in this report and any °°delegaton °be advised of Council's° decsion. - _ 1. APPLICATION DETAILS 1.1 Applicant: Martin Road Holdings Ltd. 1.2 Agent: Design Plan Services Inc. 1.3 Official Plan Amendment: to introduce a "Local Central Area (LCA)" symbol having a maximum 1200 m2 of retail commercial floor space and 650 m2 of day care floor space. 1.4 Land Area: 0.8 ha (2.0 acres) 2. LOCATION 2.1 The subject property is located in Part Lot 15, Concession 1, former Town of Bowmanville. The property incorporates portions of the property included in the Draft Approved and partially RiIS IS PRINlEOI ECYIXED PAPER REPORT NO.: PD-1-93 PAGE 2 Registered Plan of Subdivision 18T-88046 and 40M-1686 respectively. The subject lands are located west of Regional Road 57 on the north side of Hartwell Avenue. 3. BACKGROUND 3.1 The subject application for Official Plan Amendment was originally received by the Town of Newcastle Planning and Development Department in May of 1991. The application for' zoning by-law amendment had previously been received in April of the same year. The application for amendment to the zoning by- law includes additional blocks and parcels of land beyond those subject to the application to amend the official plan. The official plan amendment application originally proposed to redesignate a block of land in the draft approved plan of subdivision for Medium and High density development, introduce a Local Central Area designation for up to 5,500 square metres of. floor space in conjunction with a second high density block and increase the population target of neighbourhood "3B". 3.2 After numerous meetings and discussions with. staff and in response to comments received from circulated agencies the application has been amended to delete the request for additional Medium and High density blocks and a population target adjustment. As well the commercial component has been reduced to 1200 square metres of retail and personal service floor space and 650 square metres of floor space for day care use, to be located on the northwest corner of~Hartwell Avenue and Regional Road 57. 3.3 In support of .the various aspects of the application for official plan amendment the proponent has submitted a market study suggesting that through appropriate phasing, retail mix up to 55,000 square feet (5100 square metres) of commercial floor space could be supported. In addition, a traffic study was submitted to address concerns with regard to site access. 'J REPORT NO.: PD-1-93 PAGE 3 4 EXISTING AND SURROUNDING USES 4.1 The existing site is currently vacant save and except the sales pavilion associated with the first phase of the development (4oM- 1686) . 4.2 Surrounding land uses are as follows: South: residential development associated with 40M-1686, and existing residential development on Penfound Drive. East: Regional Road 57 and existing residential fronting thereon. North: the Canadian Pacific Railway, new development associated with the Canadian Tire store and vacant land subject to development applications. West: residential development associated with 40M-1686 and vacant lands subject to development applications. 5 PUBLIC MEETING AND RESPONSE 5.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, notice of this meeting was advertised. in hree local papers on,December,2,.,:1992..,. In addition, public meetings have previously been held for the rezoning application. The appropriate signage acknowledging the application was installed on the subject lands and notice was mailed to each landowner and tenant within the 120 metre prescribed distance. As of the writing of this report no letters of objection with regards to the applications have been received. However, a number of neighbouring residents have made inquiries with regards to the circulation. 6 OFFICIAL PLAN POLICIES 6.1 Within the 1976 Durham Regional Official Plan the lands subject to the Official Plan Amendment application are designated "Residential". The predominant use of lands so designated shall be for a variety of housing styles, type and tenure. Local 1-~e ps~~:it~a~ .:h__~ _s~g~a-ter- -. , i _ ...4 REPORT NO.: PD-1-93 PAGE 4 amendment to the plan subject to conformity with other plan policies. Within the 1991 Durham Regional Official Plan the subject lands are designated "Living Area". The policies of this designation are generally similar to those of the Residential designation noted above. The application would appear to conform. 6.2 Within the Town of Newcastle Official Plan the subject property is designated "Low Density Residential" within neighbourhood "3B" of the Bowmanville Major Urban Area. The applicant is proposing to introduce a "Local Central Area" symbol to the neighbourhood. .Should the application for a Local Central Area be approved the amendment would permit the development of up to 1200 m2 (12920 ft2) of retail and personal service floor space, 650 m2 (7000 ft2) of floor space for day care use. As well the designation would serve to include the 500 m2 of neighbourhood commercial uses approved, and zoned "(H)C2", on the south west corner of Hartwell Avenue and Regional Road 57. 7 ZONING 7.1 The current zoning of the property subject to application proposed for the Local Central Area use is "(H)R2", "(H)C2" and "A". The current zoning is generally in keeping with the draft approval on plan 18T-88046. However, should the Official Plan be amended as proposed the lands would need to be rezoned to implement the Local Central Area designation. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject revised application was circulated to a number of agencies and departments for comment. Newcastle Fire Department and Central Lake Ontario Conservation Authority officials offered no objection to the application as revised for 1200 m2 of commercial floor space and 650 m2 of floor space .for day care use. ~J~+ ...5 REPORT NO.: PD-1-93 PAGE 5 8.2 Regional Planning Staff advised that the subject lands are designated "Residential Area" in the 1976 Durham Regional Official Plan. They further commented that as the subject application in combination with the 500 m2 neighbourhood commercial to the south totals 1700 m2 of commercial floor space, the option of establishing a Local Central Area should be examined. 8.3 Regional Works Staff commented that they have no objection in principle with the proposed application for official plan amendment, subject to access being restricted to the abutting local streets. No access to Regional Road 57 will be permitted. 8.4 Newcastle. Community Services Staff commented that the proposed application would eliminate five draft approved residential lots for the commercial development. As a result Staff have advised that the applicant be provided credit for the difference between the 5% cash in lieu of parkland dedication for the lots and the 2% cash in lieu of parkland dedication for the commercial uses. 8.5 Newcastle Public Works Department advised they did not object to the principle of the application for a Local Central Area. However, as a result of Regional Works comments with respect to not permitting access from Regional Road 57, Public Works staff have a concern with the proposed development proceeding with only a single access point on Hartwell Avenue. They recommended the application for rezoning and site plan approval does not proceed until such time this matter is addressed to the satisfaction of the director of Public Works. 9 STAFF COMMENTS 9.1 The Official Plan Amendment application currently before Committee and Council is to permit the establishment of a Local Central Area having a maximum retail and personal floor space ~J ...6 REPORT NO.: PD-1-93 PAGE 6 area of 1200 sq/m, 500 sq/m of office floor space and 650 sq/m of floor space for day care use. Staff note that 500 sq/m of office floor space referenced above, was previously approved by Council through the original draft approval of 18T-88046 and the implementing zoning by-law and will be integrated as part of the Local Central Area designation should the application be approved. 9.2 The applicant has submitted a market analysis in support of the original application for 5500 m2 of commercial floor area. The revised application proposes to down scale the commercial component to 1200 m2 of retail and personal service floor space plus an additional 650 m2 is suggested to be utilized for a day nursery. The applicant has also recently submitted an analysis regarding site access options for the proposal. Access considerations will assist in determining the ultimate orientation and lay out of the development. Site plan and zoning details will continue to be dealt with by staff should the official plan amendment be approved. 9.3 Both the existing (1976) and the Council approved (1991) Durham Regional Official Plan policies permit the local plans to designate Local Central Areas (LCA) in the Residential and Living Area designation respectively. All three applicable official plans, two Regional and Town, state that LCA's should develop as the focal point of activity serving the day to day needs of the residents of the surrounding community. The Town's policies also encourage community, cultural, institutional and recreational opportunities be incorporated in a LCA. As well the applicant is required to provide a market analysis, regardless of scale, to justify the need for and to identify the effects of such proposed LCA upon the viability of any existing Central Area designation. 9.4 The Market Study submitted concluded that ultimately 55,000 c.~„arc ~'I n~ m7 ) of rn~Prr-i a ~,f 1 nnr Cn»r.P rnuld be 1 ...7 506 REPORT NO.: PD-1-93 PAGE 7 supported on the subject property by 1996. Staff had concerns with aspects of the market study as submitted to support 5100 m2 of floor area, including the selected trade area boundaries, both primary and secondary; the lack of rationale or .support for the location of the proposed development at the of edge of the neighbourhood and the natural primary trade area; and the lack of detail on the possible impact such a development would have on the main central area, as expanded and other approved or designated central areas. 9.5 Staff have reviewed the study findings as submitted for the 5100 m2 of commercial and personal retail floor space, and it would appear the market study supports the application as revised to 1200 m2 of retail and personal service floor space and 500 m2 of office space. In addition to the reduced size of the proposed Local Central Area, the type of commercial uses will be limited to convenience type uses to serve the new neighbourhood of Aspen Springs and surrounding areas. 9.6 The variety of uses to be incorporated in the proposed LCA will provide opportunity for the site to function as a focal point of activity for residents of the area. The location of the proposal, although not central to the neighbourhood, is at an entrance way to the neighbourhood and therefore accessibility to the development should not prove difficult. 9.7 This report deals with the principle.of the Official Plan .Amendment to permit the Local Central Area designation. Should the amendment be approved aspects such as access to the site, site configuration, orientation of the development, landscaping, parking and design issues will all be further examined in a subsequent report to Committee and Council dealing with the proposed zoning by-law amendment. ...8 ~J~ REPORT NO.: PD-1-93 PAGE 8 10 CONCLUSION In consideration of the above comments, Staff would recommend approval of the subject application for Official Plan Amendment, as contained in Attachment No. 1 hereto, for a maximum of 1200 sq/m of personal service and retail uses, 500 sq/m of office space and 650 sq/m of floor space for day care use. Respectfully submitted, Recommended for presentation to the Committee a Franklin Wu, M.C.I.P. Lawrence E. Ko s f Director of Planning Chief Adminis w ive and Development Officer CP*FW*jip *Attach 17 December 1992 Attachment No. 1 - Amendment No. 52 to the Official Plan Interested parties to be notified of Council and Committee's decision: Peter R. King George Vice 56_ Alonna ,,Street 3.4 :.::Martin Road.. BOWMANVILLE, Ontario R.R. # 6 L1C 3P8 BOWMANVILLE, Ontario L1C 3K7 Martin Road Holding Ltd. 1029 McNicoll Ave John Vanderkooi SCARBOROUGH, Ontario 46 Martin Road M1W 3W6 R.R. # 6 BOWMANVILLE, Ontario Design Plan Services Inc. L1C 3K7 385 The West Mall Suite 303 ETOBICOKE, Ontario M9C 1E7 ~Jg EXHIBIT "A" TO AMENDMENT No.52 TO THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE i~ a \\\~~~~-r ADD LOCAL CENTRAL AREA ~ , I tt~~ Y• ~Y, C. r ~~L ~1" :~M~~ . e~~ - -. N _ 1., - - -,. ,~~4' ••••.::••:::i::: is::::i::::::: - _r W ~ : i i t::.::~; t ~ ~ i, i::::~:.. h c ~ • iii. !:'i !i :'::'::'i :':•:•::•i _ ~°.C Y t.i .Y ~ Y I 1 2 I ..1 ~I 1 r 1 'f .- T iJr~'r Jr.. L'~ ....::i: •..i. . i J / i ~ 1• IY -1 L. 3 C ::i:: ~ :•~••:'i iii: 'i - .r ~t' .I ~ 1~ ,T v ~ , O r r'f•- P P la Ion 3A -.~y~ r_ -, r T- I• i-4` h~ ~i L L i lotion u 1 r P P ~ ~,>F :.r • F~ r ~- 1 . , r1.~ l i ~ 5 0 3 S t a. t. J.'. ~ 0 I~ 0 •,•r ~ s,: 1 ~ .z~. 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'''r'' ~•Y , -~ c I 00: 8 t• 5 -,~ a .- .t, - _ r, ~.~r. iic~ iti• i:~ 'I i i.~ art.! ~lYf~_ i i_ i i~~ i i i ~ i t : t : t ~ •f ~ i ~~n :~'L~ F r:a.~ ~ { r t- _ ,r ~1 i. ..~- - - \ e3~~-~ ,zip ,Ir. d-~ • ti 0 f y~ M i.1 if 1 ~Y R: 1~ V - ~ ee(( i N ~~Y w 41 ~ iE9EeeeeeBEEE?9E:eEEEB99E9EEE . r.;,~7 ` ~kti HWY ' _ :~y.. \ _ ®~O v?~ SCHEDULE 7-I (BOWMANVILLE ) ~ J.~ AMENDMENT NO. 52 TO THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE PURPOSE: The purpose of this Amendment is to designate the subject lands as a 'Local Central Area'. LOCATION: The lands subject of this Amendment are located in Part Lot 15, Concession 1, former Town of Bowmanville, and more specifically described as a 0.8 ha site in combination with a 0.31 ha site on the west side of Regional Road No. 57 at the intersection of Hartwell Avenue. BASIS: This Amendment is based on Application OPA 91-024/N which seeks to designate the subject lands for commercial .purposes. ACTUAL AMENDMENT: The Official Plan of the Town of Newcastle is hereby amended as follows: 1. By deleting section 7.2.5.2.(ii)(d) in its entirety and replacing it with the following: "As a general guideline, the maximum gross retail and personal service floor space shall be 5,500 square metres, except as follows: - a) t-hat the Local-Central Area -located-on the - west side of Regional Road 57 at the intersection of Hartwell Avenue shall only have a maximum of 1200 square metres of retail and personal service floor space, 500 square metres of office floor space and 650 square metres of day care floor space." 2. By amending Schedule 7-1 (Land Use Structure Plan - Bowmanville) as indicated in Exhibit "A" to this Amendment. Exhibit "A" attached hereto shall form Part of this Amendment. - THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93- being a By-law to adopt Amendment Number 52 to the Official Plan of the Town of Newcastle. WHEREAS Section 17 (6) of the Planning Act, R.S.O. 1990, as amended, authorizes the Town of Newcastle to pass by-laws for the adoption of or repeal of Official"Pfi~ns and amendments thereto. AND WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend the Official Plan of the Town of Newcastle to permit the lands on the west side of Regional Road 57 at the intersection of Hartwell Avenue, be designated as a "Local Central Area" having a maximum of 1200 square metres of retail and personal service floor area, 500 square metres of office floor space, and 650 square metres of floor space for day care use. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. That Amendment Number 52 to the Official Plan of the Town of Newcastle, being the attached Explanatory Text, is hereby adopted. 2. That the Clerk of the Town of Newcastle is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of the aforementioned Amendment Number 52 to the Official Plan of the Town of Newcastle. 3. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 1993. BY-LAW read a second time this day of 1993. BY-LAW read a third time and finally passed this day of 1993. MAYOR CLERK