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Home My WebLink AboutPD-70-93 THE DN: DEV93001.GPA PUB L I C OF THE TOWN OF NEWCASTLE M E E TIN G Pb!j . ~l Meeting: General Purpose and Administration Committee File # Date: Monday, May 3, 1993 Res. # PD-70-93 #: File #: DEV 93-001 (X-REF: 93-001jN & 9~Y.-&8~fcs) Subject: REZONING APPLICATIONj NEIGHBOURHOOD PLAN AMENDMENT- RICK GAY PART LOT 29 & 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 93-001, 93-001jN & NPA 93-004jCS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-70-93 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Rick Gay on behalf of Rick and Harry Gay, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 3. THAT the applicantjowner submit a Retail Impact Study; and 4. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 4 OPA: Rick Gay Rick and Harry Gay From "Holding Urban Residential Type One ((H) R1) " to a zone appropriate to permit the establishment of 2300 square metre commercial complex. From "Residential" to "Local Central Area" 1.1 Applicant: 1.2 Owner: 1.3 Rezoning: 1.5 Neighbourhood Plan Amendment: From "Residential" to "Local Central Area" 1.6 Area: 0.695 hectares ....2 I1ECYCLED PAP[Jl nr~~~IZ~[ O-HS IS PRinTED ON RECYCLED PAPER REPORT NO. PD-70-93 PAGE 2 2 . LOCATION 2.1 The subject property is located at 1687, 1697, and 1701 Highway #2 in Part of Lots 29 and 30, Concession 2, former Township of Darlington. This same parcel was described as Block 22 - Future Development, in Revised Plan of Subdivision 18T88060. 3 BACKGROUND 3.1 An application to amend the Town of Newcastle Official Plan, Court ice South Neighbourhood Plan, and the comprehensive Zoning By- law 84-63 were received on January 19, 1993. A single dwelling unit and garage are located on the subject lands. In order to accommodate the 2300 square metres, the applicant has proposed that an addition on either side of the house is to be built, and the existing house converted to accommodate commercial uses. We have been advised that the additions will reflect the architectural style of the house. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: residential 4.2 Surrounding Uses: East - existing residential West - proposed local road to accommodate 18T88060, and existing residential South - proposed plan of subdivision 18T88060 North - existing residential and Court ice community Park 5 OFFICIAL PLAN POLICIES 5.1 Schedule A5 of the 1991 Durham Region Official Plan shows that the lands are designated "Living Area". Residential is the predominant use of lands having this designation. This Plan does state that with the inclusion of appropriate provisions and designations in the area municipal official plan, a "Local Central Area" may be permitted in "Living Areas". Commercial developments exceeding 2500 square metres of floor area must provide justification for their development through the submission of a retail impact study. 502 ....3 REPORT NO. PD-70-93 PAGE 3 However, this plan provides local Council with the opportunity to waive this for developments proposing less than 2500 square metres. This application proposes 2300 square metres of commercial space. As such Council may wish to waive this requirement. This issue will be addressed later on in this report. 5.2 According to the Town of Newcastle Official Plan, the lands are designated "Residential". In order for a "Local central Area" to be established, this plan must be amended. The policies within this plan further reiterate the Regional Plan stating that Council may require the submission of a market analysis. This analysis would evaluate the potential impact upon existing and future development and justify development of the lands commercially. 5.3 within the Courtice South Neighbourhood Plan the site is designated "Residential". As with the Town Plan, in order for the subject site to develop as a "Local Central Area" amendment this secondary plan is also required. 6 ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Holding - Urban Residential Type One ((H) R1) ". Residential uses are permitted within this zone category. Prior to the establishment of commercial enterprises, the zone must be amended to reflect such uses. 7 PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 A letter signed by 13 area residents has been received. The letter states that these residents object to this proposed amendment as they believe this proposal is indicative ur piecerILeal plalll1illg. r. (\ 7 J :,.J J ....4 REPORT NO. PD-70-93 PAGE 4 They request that if this application is to be approved, then all the lands located on the south side of Highway #2 between Trulls and Courtice Roads be designated commercial. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Comments remain outstanding from the following agencies: Town of Newcastle Public Works, Durham Region Planning Department, Durham Region Works Department, Central Lake ontario Conservation Authority, Ministry of Natural Resources, ontario Hydro, and Bell Canada. 8.2 The Town of Newcastle Fire Department stated that detailed drawings must be submitted in order to determine compliance with Fire and Building Codes. 8.3 The Town of Newcastle Community services Department asked that a landscape plan be submitted and that the applicant/owner provide a cash contribution equalling 2% of the market value of the property to be credited to the Parks Reserve Account. 8.4 The Ministry of Transportation stated that all access to Highway #2 would be restricted and that access would only be allowed on the proposed local street. An 8.2 metre road widening and a 0.3 metre reserve are required to be dedicated as public highway. Also, all buildings must be setback a minimum distance of 14 metres from the property line. Permits must also be issued for all buildings located within 46 metres of the highway. 9 STAFF COMMENTS 9.1 Existing retail development in Courtice has gravitated along Highway # 2. This proposal is indicative of strip commercial development and approval of this application would further p:ropagate this forIlI of developlllel1t. f' (, 4 JJ . . . . 5 REPORT NO. PD-70-93 PAGE 5 9.2 Although Council can waive the necessity of a retail impact study, Staff request Council to require the applicant/owner to provide a retail impact study to the satisfaction of the Town. 9.3 9.4 10 10.1 The submission of a retail impact study will determine if need exists for this type of development, if there is enough population to support this commercial enterprise, will the proposal serve commuters/travellers or the needs of the community, and lastly if this development will impact the viability of existing retailers or the commercial potential of lands already designated. The site plan submitted shows access to a proposed local road located at the west side of the subject lands. During the review of the development application to the south it has been determined that the location of this local road may interfere with an area identified by the Central Lake ontario Conservation Authority as environmentally sensitive. If the road requires realignment, the site plan will require revision. The consultants that conducted the Main Central Area Study on behalf of the Town have also worked on the Commercial Hierarchy Study addressing commercial needs throughout the Town of Newcastle. When this study is released, Staff will review this application wi thin the context of the hierarchy study and will apply those recommendations which would pertain to this development. CONCLUSION The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments dud r~ql1i:t.~d L~visiOl1s. ....6 r- J REPORT NO. PD-70-93 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee c1 r~..~' ~ Franklin Wu, M.C.I.P. Director of Planning and Development HB*FW*cc Attachment # 1 - Attachment # 2 - Key Map Preliminary site Plan 23 April 1993 Interested parties to be notified of Council and Committee's decision: Rick Gay & Harry Gay Box 2065 Oshawa, ontario L1H 7V4 06 ATTACHMENT #1 ~ SUBJECT SITE LOT 31 LOT 30 LOT 29 . . -~ NASH ROAD Rl R4 (H)R2 ci :0:: :(J) ,..J I..J I:) '0:: II- II COURTICE KEY MAP o 100 200 300 m r""- . 50m ~ .'#,- DEV. 93-001,93-001~~,NPA. 93-04/CS ATTACHMENT #2 I _~.-1 ]1~'~f PROPOSED STREE T I . l' r--~J [E --S),_ \)0 IT & & 0' ' ~i ~ ~ ~ 10 j ~ Q ~ < f ~~ 1 ~ r ~ ~ l' 8 3: I"~ II ;:: I "':1 ~ I j ~ I I c- ~8 III \l - ~ \) ~ ~ + \5- 8 ,---'" '" G) H i \ f ~ 3 ..g 0)' ~ ",I'l f ~ '" 0", c- ;~ ~ ~ ~ ~ ~ .::t . ~ " " ~ < j r ~ :r 15 ~ - ~ ~ '\ ~ ~ I ~ ~ ~ f\.) ~ ~ 6 r---: ~ \7 r--. ~ ~ t\ <: ij' 'i -t (\ ~B !!! . s: , [ ~ ~ t~ -~l 'ti 'r ;!! 'i h : ~ . eOURnte .. 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