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HomeMy WebLinkAboutPD-80-93 UNFINISHED BUSINESS THE OF THE OF DN: OPA41-10.GPA PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, May 17, 1993 Res. # 9 #: PD-80-93 #: OPA 90-87/D/Ni NPA 92-001/CW # Subject: MODIFICATIONS TO AMENDMENT #41 TO THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE - COURTICE WEST HIGHWAY 2 CORRIDOR NEIGHBOURHOOD PARK FOR COURTICE WEST NEIGHBOURHOOD 1B ~ Recommen~MENT #10 TO THE COURTICE WEST NEIGHBOURHOOD PLAN It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-80-93 be receivedi 2. THAT the Region of Durham be requested to adopt the proposed modification to Amendment #41 as contained in Attachment #4 to this report. 3. THAT the Region of Durham be requested to modify Amendment #259 to the 1976 Durham Regional Official Plan and to modify the 1991 Durham Regional Official Plan appropriately. 4. THAT Amendment #10 to the Courtice West Neighbourhood Plan be approved as contained in Attachment #5 to this report. 5. THAT the Region of Durham Planning Department, the Ministry of Municipal Affairs, the City of Oshawa and the Ontario Municipal Board be advised of Council's decision and forwarded a copy of this report. 6. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. PURPOSE 1.1 This report is written to address four matters: · to address the comments from the Ministry of Municipal Affairs with respect to Regional Council-adopted Amendment #41 to the Town of Newcastle Official Plan- Courtice West Highway 2 Corridor. I Ii " 1 J,J I RECYCLED PAPIER PAPER RECYCLE REPORT NO.: PD-80-93 PAGE 2 2. 2.1 2.1.1 2.1.2 . To resolve the Neighbourhood Park issue east of Darlington Blvd. in the Courtice West Neighbourhood. . To deal with an Official Plan Amendment application by Valiant Property Management for an 8100 sq.m. (87,000 sq.ft.) commercial centre on the east side of Townline Road between Highway 2 and Nash Road. . To deal with an Official Plan Amendment application by 656150 ontario Limited (Dinnerex Inc.) to redesignate their lands from "Special Purpose Commercial" to an appropriate designation to permit a broad range of commercial uses. The area under consideration is shown in Attachment #1. BACKGROUND Amendment #41 In April 1990, the Planning Department completed a study of the Highway 2 Corridor Area in the Court ice West Neighbourhood to address major land use and urban design issues affecting this area. The issues at that time related primarily to numerous applications to change the designation of lands from 'Special Purpose Commercial' to appropriate designations to permit general retail and personal service uses. After consideration of the comments at the Public Meeting, staff brought forward recommended amendments to the Town of Newcastle Official Plan and the Courtice West Neighbourhood Plan, together with a number of other recommendations, to the General Purpose and Administrative Committee on September 17, 1990. Committee and subsequently Council, adopted the recommendations of staff. Regional Council considered the Courtice West Corridor Study on May 15, 1991 and adopted with modifications Amendment #41 to the Town's Official Plan (Attachment #2). The Amendment to the TO~in'G Official Plan was accommodated through Amendment · "2 :) :J REPORT NO.: PD-80-93 2.1.3 2.1.4 PAGE 3 #259 to the 1976 Regional Official Plan which designated a Sub-Central Area. The Ministry of Municipal Affairs has written to the Region and the Town with regard to proposed Amendment #41 to the Town of Newcastle Official Plan and the related Amendment #259 to the Region of Durham Official Plan. A number of concerns were identified which are discussed in section 4 of this report. In June 1991 Regional Council adopted a new Regional Official Plan. The 1991 Durham Regional Official Plan identifies a sub- Central Area in the vicinity of Townline Road and Highway 2. The Plan permits 40,000 sq.m. (430,000 sq.ft.) of gross leasable area (GLA) for the retailing of goods and services. This allocation is split equally, between city of Oshawa and the Town of Newcastle with 20,000 sq.m. (215,000 sq.ft.) of gross leasable area allocated in Newcastle. The boundaries of the Sub-Central Area are to be determined in the local official plan. The designation of a Sub-Central Area in this location alters the general planning framework with which the Courtice West Hiqhwav No. 2 Corridor Study was undertaken. The original planning study reviewed the planning options for the area in the context of a linear corridor. The mix of commercial activity and other land uses was reviewed in the context of creating a "gateway" to the Town along a linear corridor. The major planning objective was to develop this gateway with higher profile uses which would reinforce Courtice's identity as a distinct community. The designation of this area as a Sub-Central Area in the 1991 Durham Plan implies the development of a major "destination centre" in the Regional framework of Central Areas. It is a I l,~i -~ JJJ REPORT NO.: PD-80-93 PAGE 4 2.2 2.3 2.3.1 2.3.2 2.'3.'3 "node" rather than a "corridor". Therefore, it now requires some reconsideration of the concept e~tablished through Amendment #41. Neiqhbourhood Park ~t the same meeting in September 1990, Town Council considered a separate but related amendment to the Town of Newcastle Official Plan and the Court ice West Neighbourhood Plan. These amendments also included recommendation to designate a Neighbourhood Park for Neighbourhood lB. Council adopted the amendments proposed by staff "save and except for the park east of Darlington Boulevard". This matter was referred back to staff for "review of further options and negotiations and preparation of a subsequent report". Valiant Property Manaqement Application On January 1992, Valiant Property Management submitted an application to permit an 8,100 sq. metre (87,000 sq.ft.) shopping centre on the east side of Townline Road between Nash Road and King Street (Highway #2). Some of these lands were included in a commercial designation in the Gateway Corridor Area whereas the majority of the site was designated for medium density residential uses. In addition, it is noted that Valiant Property Management has requested referral and/or appeals of the following matters to the ontario Municipal Board: . Amendment #41 to the Town of Newcastle Official Plan . Amendment #259 to the 1976 Durham Regional Official Plan . The 1991 Durham Regional Official Plan as it applies to the Townline Sub-Central Area . Zoning appeal as related to Valiant's zoning application. . Appeal of By-law 91-63 which rezoned certain C5 lands including portions of the Valiant site. A separate planning report PD-81-93 haa been prepared on the Official Plan Amendment application by Valiant Property '504 REPORT NO.: PD-80-93 PAGE 5 2.4 2.4.1 2.4.2 3. Management but this application has been integral to the reconsideration of the planning framework for this area and therefore is referenced in this Report. Application by 656150 ontario Ltd. (Dinnerex Inc.) In June 1992, 656150 ontario Ltd. submitted an application. to amend the Town of Newcastle Official Plan and Zoning By-law 84-63 to permit a broader range of commercial uses than permitted under current policies with respect to a 2309 sq. metre (24,850 sq.ft.) existing commercial buildings on the south side of King street (see Attachment #1) A separate planning report PD-82-93 has been prepared on the Official Plan Amendment and Rezoning applications but the proposed changes to the Official Plan have been incorporated into the modification to Amendment #41. COMMERCIAL HIERARCHY STUDY A component part of the Town of Newcastle Official Plan Review has been a background study by Arthur Anderson and Company on the existing and future commercial structure of the Town. This study has been important to staff's reconsideration of the Courtice West Highway 2 Corridor study Area and the resultant suggested modifications to Amendment #41 to the Town of Newcastle Official Plan. Some of the background findings of the Commercial Hierarchy study which are particularly relevant leading to the proposed modifications to Amendment #41, are as follows: . At a population threshold of 28,000 (approximately by year 2011) , the Courtice Urban Area could support between 42,000 and 55,000 sq.m. (450,000 and 590,000 sq.ft.) of ~ross leasable floor8p~r.p for rpr.~il 118P8. i r\-- ~) U j REPORT NO.: PD-80-93 PAGE 6 · To date, Court ice has developed several convenience centres but needs a "destination" centre or centres to recapture outflows of dollars for higher order goods. To this end, the consultant recommends that retail development be concentrated in the designated Main and Sub-Central Areas. · The opportunity to build upon the existing commercial uses at Townline Road in Oshawa establishes the Townline Sub-Central Area as the focus of commercial growth in the immediate future. · Due to competing centres in Oshawa and the proposed expansion to the Bowmanville Main Central, the opportuni ty to develop a viable main central area at Trull's Road and Highway 2 will be significantly postponed. · In order to permit the two major Central Areas to develop and prevent dilution of the retail potential, the Town should avoid further strip commercial development particularly along Highway No.2. In light of these findings, the proposal by Valiant Property Management offers certain positive benefits to the development of a Sub-Central Area. · It would establish a synergy (combined action or operation) with the Kingsway Village Plaza across the road to create a stronger "destination centre" for shopping than previously envisioned in the Court ice West Highway 2 Corridor Study. This would help to establish more of a commercial node for the Central Area. · with the redevelopment of these lands, there is the , ~) 06 REPORT NO.: PD-80-93 PAGE 7 opportunity to provide a stronger incentive for the redevelopment of the corner parcels at Highway No. 2 and Townline Road. Previously, staff had considered that the existing service stations provided a major impediment to establishing a focal point at Townline Road. Consequently the planning initiative focussed at the Varcoe Road/Darlington Blvd. intersection. The Valiant proposal is sufficiently scaled to provide a strong incentive to redevelop the corner lands. Furthermore, the recommended modification specifically requires that an off ice component be located in the general area, possibly including portions of the Valiant lands. staff's support of the Valiant proposal necessitated that a number of revisions be undertaken to ensure that the urban design principles are consistent with the requirements for Central Areas. This includes the establishment of an office component and a greater street front orientation to the proposal. I I I I I I I I I I I I I I I r I I It also necessitates a review of the allocation of floorspace previously incorporated into Amendment #41. This is detailed further in Section 4.3. 4. MINISTRY OF MUNICIPAL AFFAIRS CONCERNS In reviewing Amendment #41 to the Town of Newcastle Official Plan, the Ministry of Municipal Affairs has raised a number of concerns which are summarized below: 4.1 Concern #1: Affordable Housing Requirements The Ministry considered that Section 6.5.3.3 (iii) is insufficient with respect to the Land Use Planninq for Housing POlicy Statement. This policy section was written prior to the completion of the Town of Newcastle Municipal Housing Policy statement and the adoption of Alllelldlll~llL #51 to the Town of Newcastle Official Plan. Consequently, the relevant policy , "7 J U I REPORT NO.: PD-80-93 PAGE 8 contained in Amendment #41 was very general stating only that Council would seek to achieve Local, Regional and Provincial bonusing objectives with regard to Policy Area C (Mixed Use Area) in the Gateway Commercial Area. The Ministry requested that the Amendment specifically include a policy commitment to ensure that 25% of the units are affordable according to the provincial affordability guidelines. The Ministry's request is now redundant since a new "Housing" section has been added to the Official Plan through Amendment #51. This includes the provision requested by the Ministry. In view of the general provisions on housing, it is recommended that section 6.5.2.2 (iii) be deleted from Amendment #41. 4.2 Concern #2: Parkland Requirements The Ministry noted that parkland requirements are to be provided in yet to be developed park facilities. The Ministry requests clarification on the commitments for these facilities and whether they are in adequate proximity to the residential development proposed in the corridor. At the time of the preparation of the Amendments 41 and 47, the issue of parkland was comprehensively reviewed. The Courtice West Neighbourhood, as amended, has a target population of 7300 persons. SUb-neighbourhood 1A and 1B have 4500 and 2800 persons respectively. The Town of Newcastle Official Plan states that Neighbourhood parks shall not normally be less than 3.0 hectares in size and shall be provided on the basis of 0.8 hectares per 1,000 residents. On this basis Sub-neighbourhood 1B (south of Highway NO.2) has a deficiency of 1.59 hectares (3.9 acres). Staff's recommendation in 1990 was that this deficiency be met through the designation of a new 2.1 ha (5.0 acre) park adjacent to , ,'" 8 ; ~', j \ / "J J REPORT NO.: PD-80-93 PAGE 9 the Farewell Creek, east of Darlington Blvd., immediately south of the lands fronting onto Highway No.2. Staff further recommended that the proposed expansion to the Foxhunt Park not be considered since the lands were poorly configured for active recreation uses, not well situated to suit the majority of residents in neighbourhood 1B and would not have any linkage with the Open Space System as provided by the Farewell Creek valley. Consequently, staff recommended that the Foxhunt Park site be changed to parkette status to reflect its current size and use. As a result of the concerns raised by residents with properties on Darlington Blvd. and by Delbert Development Corporation, Council requested staff to examine alternative locations for the proposed new Neighbourhood Park. Council did, however, concur with staff's recommendation to not pursue any further expansion of Foxhunt Park. Delbert Developments, the owner of the majority of the vacant land east of Darlington Blvd., agreed to provide staff with several al ternati ve locations subsequent to some land assembly acti vi ties. Staff contacted both the Delbert Developments and the subsequent owner Ghods Builders Inc., on several occasions but to date they have not provided any alternative sites for this park facility. Staff understand that neither party currently has an interest in the property between the row of houses on Darlington Blvd. and Farewell Creek. Staff also examined an alternate location (Site B as shown on Attachment #3) and conclude site A as originally recommended has several advantages. . It is well located relative to the bulk of the future population, which will be located in higher density uses along Highway No.2 to the northeast of the site.. , ~J:] 9 REPORT NO.: PD-80-93 PAGE 10 . The shape of the park can be appropriately configured for active sports use with appropriate buffers. . The park abuts to the Farewell Creek valley, and can be linked to future trail system and open space network. It is also noted that the Recreation/Leisure Services Master Plan suggested the need for a park and the general location adjacent to the Farewell Creek valley. . The park provides a buffer between the higher density residential uses along Highway No. 2 and the lower density uses to the south. with regard to the concerns of the existing residents, it is noted that there are five properties directly affected. The Town would need to acquire the rear portions of these lots. The general practice is to establish the market value based on appraisal prior to acquisition. Funds for acquisition of this neighbourhood park is included in the 10 year capital work forecast for the purpose of establishing development charges. The date of acquisition and park development will be determined by Council in conjunction with all the proposed capital works prepared in each subsequent budget years. The balance of the land to make up the entire park will be acquired through parkland dedication when the property adjacent to the residential lots on Darlington Blvd. is developed in the future. In summary, staff reiterate the need for a new park in Neighbourhood 1B and recommend the location previously considered. The identification of a Park site as proposed would satisfy the concerns of the Ministry of Municipal Affairs and the requirements of the Town's policies for parkland. , ~) ] 0 REPORT NO.: PD-80-93 PAGE 11 4.3 Concern #3: Floorspace Allocation The Ministry raised questions with respect to the allocation of floorspace wi thin the Sub-Central Area. It noted that while the entire area was allocated 20,000 sq. metres, Policy Area C itself allocated 14,000 sq. metres. The Ministry questioned whether the remalnlng 6,000 sq. metres was sufficient for the balance of the lands in the Sub-Central Area. In reconsidering Amendment #41, to create a destination focus and create a larger Sub-Central Area, Staff are proposing to eliminate the Special Purpose Commercial designation and to reassign the floorspace allocation under general commercial use. A comparison of the floorspace allocation by type of use is indicated on the following chart. Current Proposed Modification Official Plan Amendment #41 to Amendment #41 Area Floorspace Area Floorspace Area Floorspace (ha) (sq.m.) (ha) (sq.m.) (ha) (sq.m.) General 2.31 6,300 2.31 6,300 7.64 18,000 Commercial Special 9.23 22,000 4.19 8,500 - - Purpose Commercial Mixed-Use - - 5.35 14,000 5.35 8,000 Cffi ce - - - - 0.60 2,000 Commercial TOTAL: 11.54 28,300 11.85 28,800 13.59 28,000 (28.5 ac) (304,600 sq.ft.) (29.3 ac) (310,000 sq.ft.) (33.6 ac) (301,400 sq. ft.) Retail and Personal Service Gross leasable Floorspace In supporting the Valiant proposal, which represents the best opportunity to establish a "destination centre" in the Newcastle portion of the Sub-Central Area, the potential Special Purpose Commercial lands is reduced from 4.19 ha (10.4 : Jl 1 REPORT NO.: PD-80-93 PAGE 12 acres) to 2.14 ha (5.3 acres). This is a limited land base with fragmented ownership for generally land-extensive uses. The rationale for the Special Purpose Commercial designation in the central portions of urban areas is becoming increasingly questionable. The land-extensive commercial uses (car dealerships, lumber yards, etc.) usually cannot afford these locations, nor are they desirable uses in a Central Area. Many of the other uses, like restaurants, beer, and liquor, furniture and appliance stores can just as easily be accommodated in Central Areas. Unless more closely defined, the dist'inctions between the general commercial and special purpose commercial designations increasingly blurred, especially to the public. Special Purpose Commercial Areas should be utilized in very specific instances (ie. retail warehouses along Highway 401). Accordingly, the proposed modification to Amendment #41 would eliminate the Special Purpose Commercial category and designate these lands for General Commercial uses. It would also generally maintain the same level of total floorspace permitted. However, within the boundaries of the Sub-Central Area, as revised to incorporate the Valiant Property Management lands, there is a general shift of retail allocation to Townline Road and a reduction of retail potential within the Mixed-Use Area at Varcoe Road/Darlington Blvd. However, this area would receive slightly greater residential allocation (See section 4.7). In summary, the proposed modification does not represent an increase the total commercial floorspace. previously, special Purpose Commercial Areas were excluded from the floorspace allocations. The proposed modification eliminates the Special Purpose Commercial category and allocates retail floorspace as I . ,^ JIL REPORT NO.: PD-80-93 PAGE 13 4.4 Concern #4: Retail Analysis policy The Ministry raised concerns with Policy 6.5.2.2 (v) which requires a retail analysis be prepared for proposals exceeding 1400 square metres (15,000 sq.ft.) prior to rezoning. The basic thrust of the Ministry's concern was that a retail analysis should be undertaken prior to the designation of the Sub-Central Area and then individual site specific analysis may not be necessary. It is noted that this policy was inserted by Regional planning staff and was not proposed by the Town. Nevertheless, section 6.5.3 (iii) of the Town of Newcastle Official Plan contains a similar policy that enables Council to require a Market Analysis prior to rezoning for any commercial proposal except a convenience commercial facility (less than 500 square metres). This existing policy provides the Town with the opportunity to ensure that retail uses proceed without serious impacts on existing uses. In light of the existing section 6.5.3 (iii), it is recommended that the proposed policy 6.5.2.2 (v) be eliminated. 4.5 Concern #5: Service Lanes The Courtice West Highway 2 Corridor Study discusses the need for the establishment of a rear service land to interconnect all properties within the Sub-Central Area. The purpose of this lane is to provide opportunities for customers to move between stores within the corridor area without creating additional vehicular movements on Highway 2. This concept has been widely supported by Public Works staff at the Town and the Region and by the Ministry of Transportation. Although the Neighbourhood Development Plan actually designates the lanes on the map schedule, the references in the text of the Official Plan Amendment are general, referring to "common internal traffic circulation". In addition, there is a specific reference in Policy Area A where the laneway concept would need to be retrof i tted with redevelopment. The Ministry's comments s11ggest that the rationale, location t access pointa and status (ie. ., 7" JIJ REPORT NO.: PD-80-93 PAGE 14 public road versus private lane) should be clarified in the text of the amendment. In addition, in the review of development applications, staff have noted that there is a misunderstanding that this laneway system is only for service vehicles (ie. delivery trucks and garbage collection vehicles). As a result, it is recommended that the word "service" be deleted. staff are recommending that the following modifications would clarify the intent: i) Section 6.5.2.2 (v) is revised to create separate points on consolidation of entranceways and common internal traffic circulation. ii) References to "service lanes" is revised to "laneway system". iii) A new policy 6.5.2.2 (vi) is added as follows: "6.5.2.2 (vi) An integrated private laneway system shall be provided to permit east of movement between adjoining commercial properties. Such a laneway shall be dedicated to adjoining landowners by means of easements registered on title. It shall have with a minimum width of 8 metres." 4.6 Concern #6: Floorspace Indices Policy 6.5.2.2 (xi) establishes that in Policy Area C, buildings are permitted a maximum floorspace index of 0.85 and a maximum height of 5 storeys. The Ministry notes that Policy Areas A and B do not have similar height or floorspace restrictions. The Ministry also questions whether a five storey height restriction is realistic to achieve the high density residential designation. As a rule, the Town of Newcastle Official Plan policies for the Courtice Urban Area define "High Density" as residential buildings with a density between 40 and 80 units per net hectare. The Plan, howevel, is y~n~Ldlly silent. as t.o: JI4 REPORT NO.: PD-80-93 PAGE 15 . the height of buildings (usually a matter contained in the implementing zoning by-law); . the calculation of density for mixed use developments. with regard to the density and height restrictions for Policy Areas A and B, the existing C1 zoning permits a 3 storey building (12 metre height restriction) and the existing C5 zoning permits a 2 storey building (10 metre height restriction). Generally, existing buildings are built as single storey plazas. It is anticipated that the existing zoning by-law provisions would be sufficient for single purpose uses. with regard to mixed-use proposals, it is felt that the floorspace index is a better indication of density for this type of development. (The floorspace index is a ratio of the gross floor area to the site area). The primary reason for including the height and floorspace index in this amendment is to provide a more workable means of calculating density for mixed use developments and high density residential development alike. Both of these are permitted uses in Policy Area C but are not in the other two areas. In addition, gi ven the concern raised by residents regarding the original Rosebridge- Newcastle proposal in Policy Area C (a 15 storey condominium tower), a height restriction was considered appropriate to ensure that they will not be adversely impacted by the built form of higher density uses. In summary, staff reiterate that the use of floorspace indices and height limits in Policy Area C is appropriate given the intended development as a Mixed-Use Area. These limits were established in consultation with development interests and adjacent residents, providing enough mass to create a focal point, and not overwhelming the adjacent residential areas. The use of the same provisions in 'J15 REPORT NO.: PD-80-93 PAGE 16 Policy Areas A and B is not necessary given the types of permitted uses. 4.7 Concern #7: Bonusing provisions Under section 37 of the Planning Act, R.S.O. 1990, Council may authorize increases in height or density of development in return for the developer providing facilities, services or other matters of public benefit. In order to pass such a zoning by-law, appropriate provisions must be incorporated into the Official Plan. Amendment #41 was the first time the Town utilized the bonusing provisions of the Planning Act. The amendment contemplated "bonusing" for the following matters: . non-profit or co-operative housing component . dedicated space for day-care centre, senior citizens centre or other similar use . contribution for the purpose of streetscape improvements or valleyland trail development The "bonus" involved the opportunity to increase the floorspace index from 0.8 to 1.00 and the height from 5 to seven storeys. The Ministry raised four concerns with respect to the use of the bonusing provisions: . the policy should indicate the value of the bonus to be provided relative to the provision of the public benefit . the policy should indicate whether the benefit had to be located on-site and/or the general area . the "intent, workings and product" of the last clause related to possible streetscape improvements needed to be clarified . the Town needed to consider the cumulative effect of bonusing in Policy Area C. In general terms, the Ministry's concerns stem from the experience of the application of bonusing in other jurisdictions. Some of these concerns were also noted by the Sewell Commission which noted in its Draft Report that "ad-hoc, site by site bonusinq qenerally has not worked well, and the public does not like it: 'J16 REPORT NO.: PD-80-93 PAGE 17 it smacks of 'let's make a deal' planning". The Sewell Commission is recommending some changes to the Planning Act to clarify the use of bonusing in general policies in defined areas for stated public benefits with specific criteria. with regard to the use of bonusing provlslons under Amendment #41, Council expressed some concern at the time of the Public Meeting on July 15, 1991 with regard to the Rosebridge-Newcastle Inc. rezoning application DEV 91-022. Although Rosebridge-Newcastle did not propose to utilize the bonusing provisions, residents were concerned that the provision of some "public benefit" to the municipality would result in a bonus to the developer which would be detrimental to the resident's interests. Report PD-83-93 will address the Rosebridge-Newcastle Inc. rezoning application in detail. Having reviewed the matter further, it is staff's recommendation that the use of the 'bonusing' provisions be eliminated from Amendment #41 and that reconsideration be given to the height and density limits within Policy Area C. There are other provisions provided in the proposed modifications which state that the location and form of buildings should minimize adverse impacts, including shadowing, on low-density residential areas. 4.8 Concern #8: Technical Matters The Ministry noted a number of discrepancies in the cross- referencing of policies. Virtually all of these were a result of the insertion of the retail analysis policy at the Regional level. The proposed modification addresses these concerns. 5. MINISTRY OF THE ENVIRONMENT CONCERNS In January 1993, the Ministry of the Environment wrote to the Ministry of Municipal Affairs to indicate a concern with lands in Policy Area C as shown in Amendment #41. Specifically, fill has been deposited on lands owned by Aloise Construction Ltd. (see Attachment No.1). No information is available about the quality JI7 REPORT NO.: PD-80-93 PAGE 18 of this fill or the degree of contamination. Prior to development, there is a need for analysis of the nature and extent of any contamination. The Ministry requires that appropriate policies be incorporated into the Official Plan to "trigger" this type of review. Specifically, they requested that all applications proceed by "plan of subdivision" since this mechanism offers the best legal assurance which binds any clean up operation through conditions of draft approval. Staff, however, cannot support the use of a plan of subdivision procedure when, in effect, there is no land to subdivide. Accordingly, we recommend a modification that would require the soils contamination report be submitted to the Ministry of Environment "prior to approval of any development". 6. CONCLUSION 6.1 The original Amendment #41 sought to achieve a higher quality urban environment as a gateway to the municipality, reinforcing the identity of Courtice and enhancing retail and office job opportunities. At the same time, it also sought to ensure the eventual full development of a Court ice Main Central Area at Trull's Road and Highway #2. Staff are of the opinion the general thrust of the proposed modifications is consistent with these original objectives but also with the Regional designation of this area as a Sub-Central Area, the findings of Commercial Structure Study. 6.2 As a Sub-Central Area, the creation of a "destination centre" for retail and service uses is important. The proposal by Valiant Property Management enables the development of such a node as envisaged under the Sub-Central Area designation. There is a synergy created due to its relationship with the Kingsway Village centre in Oshawa. This provides the focus of commercial growth in Courtice in the immediate future. The development of a Main " 8 ~) i .' REPORT NO.: PD-80-93 PAGE 19 Central Area at Trull's Road/Highway 2 is a longer term objective for which the municipality should strive to lay the groundwork through mixed uses including commercial, office, institutional and residential uses. 6.3 The proposed modification maintains the same total amount of commercial floorspace as permitted under the current Official Plan (approximately 28,000 sq.m. or 300,000 sq.ft.). There are, however, several structural adjustments to the commercial framework for the area as follows: . elimination of the designation of lands for Special Purpose Commercial uses and incorporating these lands into the General Commercial designation. . a redistribution of commercial floorspace within the Sub- Central Area which has the net effect of reducing the commercial potential in Policy Area C and adding commercial potential along the Townline Road frontage. . identification of an office block on the northeast corner of Townline Road and King Street East (Highway 2). 6.4 The proposed modifications addresses the concerns outlined by the Ministries of Municipal Affairs and the Environment. Concerns regarding retail impact analysis, service lanes and floorspace indices have been clarified. The affordable housing provisions are redundant in light of other amendments. Bonusing provisions have been eliminated. The matter of parkland requirements is proposed to be resolved through the designation of a new park site east of Darlington Blvd. ,)19 REPORT NO.: PD-80-93 PAGE 20 6.5 Staff have made a number of minor modifications to the text to clarify the intent of the wording. Due to the extent of the changes, both major and minor, the entire text and maps related to the Actual Amendment have been replaced. (Attachment #4). In addition, an amendment to the Court ice West Neighbourhood Plan is proposed to implement the modifications to Amendment 41 of the Official Plan (Attachment #5). 6.6 The proposed modifications now layout the planning frameworks for development applications to be considered. Report PD-81-93 and PD-82-93 will address the specific official plan amendment applications made by Valiant Property and by Dinnerex Inc. respectively. Respectfully submitted, Recommended for presentation to the Committee o (~~~.~ Franklin Wu, M.C.I.P. Director of Planning and Development ,[n,'," ",_", '",''''' "~/"" / ~l- .,4 / ,,(r BV\;tW.Lt1..l\~M Lawrence E. Ko~~eff Chief Adminis~~~tive Officer ( \J DC*FW*df 11 May 1993 Attachments: 1. Location Map 2. Amendment #41 3. Alternate Park Locations 4. Proposed Modification to Amendment #41 5. Proposed Amendment #10 to the Court ice West Neighbourhood Plan ~) 2 0 REPORT NO.: PD-80-93 PAGE 21 Interested parties to be notified of Council and Committee's decision: Mr. Bob Hann Valiant Property Management 177 Nonquon Road, 20th Floor, Oshawa, ontario. L1G 3S2 Margaret Noble 45 Darlington Blvd. South Courtice, ontario. L1E 2J8 Wayne J. Bolahood Quantum Homes Ltd. 10 Mary Street South Oshawa, ontario. L1H 8M3 Raymond J. Cooke 48 Whitecliff Drive Courtice, ontario. L1E 1T2 Landawn Shopping Centre Ltd. 11 Polson Street Toronto, ontario. M5A 1A4 John Wilson 1421 King Street East, (Hwy. #2) Courtice, ontario. L1E 2J6 W. Kay Lycett Barrister and solicitor Box 87, 5367 Main Street Orono, ontario. LOB 1MO Mr. Ray Abbott Abbott Drafting and Design 172 King Street East, suite 303 Oshawa, ontario. L1H 1B7 D.G. Biddle & Associates 96 King Street East Oshawa, ontario. L1H 1B6 Andrew Percewicz 13 Mulholland Drive Courtice, ontario. L1E 1T9 Glenn Genge Planning Consultant Greer Galloway Group Inc. 1415 King Street (Hwy. #2) Courtice, ontario. L1E 2J6 Mr. and Mrs. Ken Dawson 7 Darlington Blvd. South Courtice, ontario. L1E 2J8 Val Choloniuk Valeo Draperies 1145 King Street East Courtice, ontario. L1E 2J6 Ronald R.M. strike Strike, Salmers and Furlong 38 King Street West P.O. Box 7 Bowmanville, ontario. L1C 3K8 John M. Clarke Clarke Freeman Miller Solicitor 789 Don Mills Road, #310 Don Mills, ontario. M3C 1T5 Delbert Development corporation 5460 Yonge Street suite 212 North York, ontario. M2N 6K7 Glen White 11 Bridle Court Courtice, ontario. L1E 2B1 Harold Gascoigne 13 Darlington Blvd. South courtice, ontario. L1E 2J8 '~) ,( ,JL I REPORT NO.: PD-80-93 PAGE 22 Theodore Filntissis Peter Floros Andreas Galanis 1269 Danforth Road Scarborough, ontario. M1J 1E6 T.M.J. Rytwinski 44 Whitecliffe Drive Courtice, ontario. L1E 1T2 David Fine Rosebridge-Newcastle Inc. 4300 Steeles Avenue West unit 17 Woodbridge, ontario. L4L 4L2 Gordon J. Dinning 1514 Nash Road Courtice, ontario. L1E 2K8 Mr. & Mrs. Tom Reynard 11 Kingsway Gate Courtice, ontario. L1E 1Y1 A. Appleby 41 Cherry Blossom Crescent Courtice, ontario. L1E 1G9 Glennys Simmons 41 Old Kingston Road R.R.#6 Bowmanville, ontario. L1C 3K7 Mr. E. Coke 14 Darlington Blvd. Courtice, ontario. L1E 2J7 Joe Wood Dinnerex Inc. suite 420, Yonge Street North York, ontario. M2P 2A9 Greg Soyka COURTICE, ontario L1K 1A5 J22 Lynda Townsend Pallett Valo suite 2300 The Standard Life Centre 121 King Street West Toronto, ontario. M5H 3T9 Judy Posteraro 26 Bridle Court Courtice, ontario. L1E 2B1 Ms. Irene catsibris Ghods Builders Inc. 3292 Bayview Avenue, suite 300 Willowdale, ontario. M2M 4J5 William and Judith Campbell 25 Bridle Court Courtice, ontario. L1E 2B1 Dorothy and Charles Breward 25 Bridle Court Courtice, ontario. L1E 2B1 Maurice Lenihan 1417 Nash Road courtice, ontario. L1E 2J9 Michael Deeb 24 Bridle Court courtice, ontario. L1E 2B1 Christine Frechette 666 Antigua Crescent Oshawa, ontario. L1J 6B4 Heather Schneider 23 Bridle Court courtice, ontario. L1E 2B1 Neil Palmer Caseworker, Planning ontario Municipal Board 180 Dundas Street West Toronto, ontario. M5G 1E5 ~I (\ ,1 \ I-' >-- _ (f) I-- r--- -3 - w -~- -w - I I -6-- - d - IN3::>S3tl::> ~= ~ I ~~ o I - ~ ~II ~~ o <l: o 0:: I-- I-- ::r;1-- I ~I- Z I--- I I I I I I I I Ll 1 , 3^Il:JO 0131::ll:J31N3::> :\. ~~\;i I ~(!) 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'. .;H 1>'7 ~ i'f. ~~ r<.J~1~ . ~"".l'~' .) ,i'~' , ';: )j.:....1;" , ." '~~. ,:ffl' S S:,.(. ~'.L: .;;:..b ~ :::>en I-W z~ <(0 :::>:I: o ( ~i-= _ en . ozo ...101-; <(u..... Ww c.!l..J 01- -en 0::<( ffiu en 3= . Owu o::Z~ 3~O[ill ~ 0:: ::> 0- u w ...I o 0:: CD I lLi ;' "vm~OI N01"NIl"VG ~ ~~~ In J I ~ ~ 'g ~~ , "- C\J E ~~ ~ ".:- Y 0 ~l : I JJll:tBtaB ;:: $ I / --! I- IN3::>S3l:J::> 3l:JldW3..,L. fE, ~18L U1 \\ / ~ u..'L-,..- wt-- ~~:=~:== r / ::= ~~ 1-.<' , ~t-- f-- (!)I--- f--Zt-- I~I ovoL ~ ;:~ 1 n ~ II ~ Q NMY1ISY3 I r- luB: > ..:~ 71 ..,......." ~ >-w :-. !z~~ ::! ~ ~ ~' :-. ...I 0 Z '\.' octa::<( ,,\~ ~~ ~ :\: s:: j :I: ~ n~> OW _0 ~ .-J """I'~""""". 1.11. I ~.I- ~f-- <{ I-' c........- c> r-- fij~ - ::- en 0 '----: at r- o Ut--1 J IS lu 0:: A>- 31V^,H3" -,-L f- I- 1/)/ IS 1 <:>r ::r :,,:( / I - C- m :E c o .- ..... m (.) o ..J IJJ ...J I- CJ) <( <( ~ u ~ ::c IJJ (f) Z 0 I I >- >- a::: a:: <( <( Cl 0 Z Z :J ::J 0 0 CD OJ <( <( IJJ IJJ a::: a:: <( <( ...J ...J <( <( a::: a::: l- I- Z Z W IJJ U U Cl (.!) IJJ Z CJ) I- 0 (f) a.. 0 X a::: IJJ a.. '" I '" '" '" '" '" . """-I- '" '" --~ '" '" '" ATTACHMENT #2 ( APPROVED BY REX;IOOAL COUNCIL MAY 15,1991 AMENDMENT NO. 41 TO THE TOWN OF NEWCASTLE OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to redefine the types of uses permitted in the corridor area along Highway No. 2 (King Street) east of Regional Road No. 55 (Townline Road) to the Farewell Creek. BASIS: This Amendment is based on a planning study undertaken by the Town of Newcastle known as the Court ice West Highway No. 2 Corridor Study. ACTUAL AMENDMENT: The Town of Newcastle Official Plan is hereby amended by: i) adding a new subsection 6.1.2 vi) as follows: "vi) In the processing of medium and high dens i ty res idential developments, consideration shall be given . to the requirements of appropriate on- site indoor and outdoor recreational amenity areas." ii) renumbering the subsections in 6.5.2 as follows: 6.5.2 (i) to 6.5.2.1; 6.5.2 (i) (a) to 6.5.2.1(i)i and so on; iii) adding a new Section 6.5.2.2 as follows and renumbering the subsequent Sections: "6.5.2.2 Gateway Commercial Area i) The Gateway Commercial Area recognizes the variety of existing commercial uses and the unique location opportunity along the Highway No.2 corridor at the entranceway to the municipality. It is the policy of Council to seek to ensure the comprehensive development and redevelopment of this area for an appropriate range of commercial uses and at appropriate locations higher density residential uses that can be satisf~ctorily integrated into the predominant commercial character of the area. The Gateway Commercial Area is comprised of three separate policy areas. 1 -- J24 c ~ ii) iii) iv) v) ~ Council will seek to achieve an integrated urban design of development that is oriented to Highway No. 2 and that is appropriate having regard to the planned function of the area as a major gateway to the Courtice Urban Area and the Town of Newcastle. It is the policy of Council to seek achievement of Local, Regional provincial housing objectives with development in Policy Area C of Gateway Commercial Area. the and new the It is the policy of Council to seek to achieve the provision of appropriate public amenities, services and. facilities in conjunction with new development on lands in the Gateway Commercial Area. Prior to the passing of an implementing Zoning By-law, Council shall require, for commercial development- exceeding 1400 sq. m., a retail analysis which will demonstrate the need in order to ensure, that the application does not unduly effect the viability of any existing development or designated Central Area. vi) Subject to the provisions of Sections 6.5.2.2(x)(e) and Section 6.5.2,'.2(x)(f), in order to assist in the achievement of its major objectives for the Gateway Commercial Area,and pursuant to the Planning Act, 1983, Council may pass by-laws to permit increases in the height and density of buildings or structures in excess of the height or density otherwise permitted, in return for the provision of facilities, services and matters as are set in such by-law and secured by means of one or more agreements with the owners, which are registered against the title to the land to which they apply. vii) In exercising its powers of regulation, review and approval under the Planning Act, 1983, for the development of lands in the Gateway commercial Area, Council objectives: 2 - ' ~)25 . the integration of development to create an image and character for ( the area appropriate to this major :, entranceway to the Courtice Urban Area and the Town of Newcastle; . sidewalks within the public street, pedestrian walkways and open spaces within new development should be designed with appropriate landscaping; furniture, pedestrian scale lighting and surface treatment complementary to a common theme for the area; . entranceways should be consolidated to approximately 80 metre intervals with common internal traffic circulation; . appropriate provision should be made for public transit shelters; . use of common themes in signage; and . the rationalization of lot boundaries, where possible, to (.,.' achieve a more efficient development pattern. viii) Council shall seek to ensure thpt smaller parcels are incorporated into compr~hensive development schemes. To achieve this, Council may require that proponents prepare comprehensive block plans to demonstrate that development proposals do not negatively impact the development potential of adj acent lands. ix) Policy Area A: Commercial Node a) Lands designated as Policy Area A recognize the consolidation of a pre-existing commercial strip which was permitted under Section 8.3.2.2 of the Durham Region Official Plan. Landi; 80 des'ignated shall be used for retail and personal service uses which serve the day-to-day needs of residents. (' 3-- ''J26 ( ( \ r' \. b) Council will endeavour to encourage the redevelopment of land to improved urban design standards. c) Where appropriate, as a condition of any future redevelopment of land within this designation, the consolidation of access points in accordance with Section 6.5.2.2(v), the provision of a rear service lane and improved landscaping shall be required. x) Policy Area Commercial Special Purpose B: a) Lands designated as Policy Area B shall serve the needs of residents on an occasional basis with services and facilities which consume larger parcels of land, are larger in floor area, require exposure to traffic and are similar in kind to automotive sales and services, drive-in restaurants, motels, hotels, furniture and major appliance stores. The zoning by-law shall specify a minimum floor area for individual retail and personal service stores. ~ b) The uses shall be strictly defined in the zoning by-law to ensure that the - quality, continuity and integration of the Gateway Commercial Area is consistent with the function as established in the Plan. c) Notwithstanding Section 6.S.2.2(ix)(a), retail and personal service uses with lesser floor area than the specific uses referred to in the aforesaid Section and second- storey office uses may be permitted provided that lands have been consolidated into parcels with grea,ter than 80 metres of frontage on ~Highway No.2. Retail and' .personal service uses shall not exceed 30 percent (30%) of the ground floor area. 4 ' :J27 xi) Policy Area ,C: Mixed Use Development Area ( a) The lands designated as Policy Area C - Mixed-Use Development Area are to be the focal point of activity and architectural interest in the Gateway Commercial Area. The following uses will be permitted: . mixed-use commercial/ residential buildings with retail and personal service uses on the ground floor; . office buildings in with the policies 6.5.2.7; accordance of Section . high density residential buildings not exceeding 80 units per net hectare. b) The maximum gros s retail and personal service floorspace which may be constructed and usedln the whole of Policy Area C shall be 14,000 square metres. ( " c) Lands within Policy Area C shall be permitted to develop up to a~maximum floor space index of 0.85 and up to a maximum height of 5 storeys. d) Notwithstanding Section 6.5.2.2(iv) (a), retail, personal service, office and community uses may be permitted on the second floor of mixed-use commercial/residential buildings provided that the lot on which the building is located has a minimum frontage of 80 metres on Highway No.2 and that buildings are sited with a street-front orientation. e) Notwithstanding Section 6.S.2.2(x)(c), and in accordance with Section 6.S.2.2(iv), Council may pass by-laws to increase the maximum density up to a floor space index of 1.25 and a maximum height 5 '~J28 i \ of seven storeys provided that the owner enters into an agreement with the Town of Newcastle which provides for one or a combination of the following facilities, services and matters: . a non-profi t or housing component; . dedicated space \<lhich is to be completed with interior finishes required for community service use as a day~care centre, a senior citizen's centre or similar uses deemed appropriate by Council for a term of up to 99 years and not less than 25 years; and cooperative . that the developer enter into an agreement wi th the Town of Newcastle with respect to the value of new construction of the project, including landscaping, parking and on-site amenities, for the purpose of public improvements, to the Courtice streetscape or the development of valley land trail systems. f) In order for Council to eval~ate the suitability of density increases pursuant to Section 36 of the Planning Act, 1983, the applicant must demonstrate to the satisfaction of Council that the proposed development is appropriate having regard to, amongst other things, such issues as: . servicing capacity; and infrastructure . school facilities; . Provincial, Regional and Town housing policies; . parks and open space; . transportation and traffic; and \ . compatibility with adjacent land 'F) , :J29 g) In exercising its available powers of regulation, review and approval under the Planning Act, 1983, for the development of lands in Policy (~ Area C, Council shall have regard for the following objectives: . The location and form of buildings should contribute, where possible, to the creation of an attractive environment for pedestrians. . Buildings should be sited in a manner which clearly define the edges of streets with appropriate setbacks and heights. . The location and buildings should adverse impacts, shadowing, on residential areas. form of minimize including low-density . Retail and service uses should provide an attractive streetfront fagade although primary entrances may be provided from rear and side fagades of the buildings. ( . pecl,estrian ameni ties and appropriate landscape features should be provided for the areas between buildings and public sidewalks. . The residential component of integrated commercial/ -residential buildings should have separate and secure entrances, a separate parking area and appropriate indoor and outdoor amenity areas." iv) deleting subsection 6.5.2.4 (vi) as renumbered (formerly 6.5.2(iv)(f); v) in subsection 6.5.2.7(ii) as renumbered, (formerly 6.5.2 (iv) (c) ), adding the words "and the Gateway Commercial Area" after the words "Central Areas" in the second line; ,. \, 7 , ~j 3 0 ( vi) deleting the words "those areas restricted to Special Purpose Commercial Uses" from subsection 6.5.3(iv) and replacing them with the words "the: area designated as Gateway Commercial Area"; ,vii) adding a new policy 6.7.3(iii) as follows: "iii) In areas of commercial development and redevelopment in the Community ,Central Area and the Gateway Commercial Area, entranceways to commercial uses from arterial roads shall be limited to 80 metre intervals." viii) amending Schedule 6-1 as shown on Exhibit 'At to this Amendment as follows: i) identify "Gateway Commercial Area" and various policy areas contained therein; and ii) adjust population in Neighbourhood lA from 4,200 to 4,500 persons and Neighbourhood lB from 2,400 to 2,800 persons. IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. ~ INTERPRETATION: The provisions set forth in the Town of Newcastle Official Plan,. as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. B , ~) 3 1 EXHI8IT 'A' TO AMENDMENT NO. 41 TO THE TOWN OF NEWCASTLE OFFICIAL PLAN (Courtice Urban Area) ADJUST POPULATION FROM "2400" TO "2800" CHANGE FROM "SPECIAL PURPOSE COMMERCIAL" TO "GATEWAY COMMERCIAL AREA" AND IDENTIFY POLICY AREAS CHANGE FROM "RESIDENTIAL" TO "GATEWAY COMMERCIAL AREA" AND IDENTIFY POLICY AREAS , f J.) ATTACHMENT #3 ALTERNATE PARK SITES FOR NEIGHBOURHOOD 1B (Courtice Urban Area) Jill ~ ;!RIDlt CDURT == ~--- ~ ___!!'GHV;Ay---__ l I -- ~r-__ No. 2 -----.r-, '---l l ~r-- ----- =:. fL __ NJlliIr-r-- i-- __ ?)l10XHUNT -....]17- --- r--- ---, l~ I- ~L- ~ ~ ;-~.(I ~,~~ '.', I II t= ~ -- ~I:: . ~~fir~~~~ SITE .. I 0:: - __ ;~~~?~ 'j~t'~"1J')e;~.,,~ V KINGSWAY GATE (.) __ - :;"_~':'o';?};~,~);~,:~ I II -- " '.,v' -ti:)" ')'3.'':: ..' ..~ ____ ~.. ..,~ rf'l~ .. t'. _ w _ - '''.'i'0'P' ":')'lIoa:J. ~'~/" 'j- a:: _ ." ",;'''F-I.) .,,~.~ . -a. - ==---- ~:l~~~q:~~~~~'t" - 15 _ :::w~.JJ, rM~1,i1>,'~~ -':;~('" ,~""i.."',~~" ~~.!'" iA. t e-- - . ..~ /1,. ~ ~':';'''''' . ...... ..J _ ~ s:::.:.;~{:X~Y:::~ ~o:: - A SI T'J::" "0" FoxliiJN.!. - I- - ~ I r:;;, IJ ~~~lijlt.t~ I- == -.J / "":';':';":;'. - 5 - ~ ','!/-,"''X ~ "~':]:'~ k / tv "':z: ::....~ ',:-' .if'., ,.~.~~\: W Gsv/~ ~ ,~~;!;; ~ti'~ z <.;; W U. ' '-.'V,"'" "'I1'.);rr. ~-.Jz _~)JN CRt: ==_ 'w'~~H:i~;g.~~~:1~r,9x:. ~. .:.~J: "'~ . ..~.:.'t.., ....~;~l"':\ lJ. iL,a.~"""',::1.? ';..,...;:~:~ .~ ,;,t.-.f-.. r---...... ' r~ 9~7......''-,,;I~ "'.2';.~~ o -I ........, '........ ") '..._,~ ';"",t\ .~. ~~i;);. I- _ ---i .............. ""'--- . ., L}~tl'i:z~ ~~~1~ ----.,; _ ~ I:.i.:':;......:~..:;)..~ ,\-;:,':-\, -- - ---..:. EDINBOROUGH L ME WI L~bl im~t BLOSSOM m g 0 PARKETTE >- m ~ 6:8RIARH\LL r =~WJJ~ GYE ~ ~'\ c-~; '~" V M ~/ ~ty.~?;~~~i- G~ ,/ o <( o 0:: ~ ~~ , '-- - - - - - r-- - - ~ tJ-- !(!J it; ~ - ~ )l -= - -- - - f----' I-- r--- I-- ~ I -.- I = KINGSWOOD DRIVE ~-- I I I / ( ~- - tDX~T TRi'l _ V ~ -- r ,;;(~ /~ "Z/./i'> r- ATTACHMENT #4 MODIFICATION TO AMENDMENT #41 TO THE TOWN OF NEWCASTLE OFFICIAL PLAN 1. Delete IIBasisll of Amendment and replace it with the following: l'This Amendment is based on a planning study undertaken by the Town of Newcastle known as the Courtice West Highway No. 2 Corridor Study, the designation of a Sub-Central Area in the Durham Regional Official Plan at Townline Road and Highway No.2 and an application submitted by Valiant Property Management. II 2. Delete IIActual Amendment" and replace with the following: The Town of Newcastle Official Plan is hereby amended by: 1. Adding a new subsection 6.1.2 vi) as follows: IIvi) In the processing of medium and high density residential developments, appropriate on-site indoor and outdoor recreational amenity areas shall be provided. II 2. By adding a new subsection 6.4.2 (v) as follows: IIV) Soil Contamination Assessment Areas a) Sites with potentially contaminated soils identified by the Ministry of the Environment are identified on Schedule 6-2. Prior to approval of any development, a report shall be prepared by a qualified consultant characterizing the soils and recommending a remediation plan in accordance with the Ministry of the Environment's policy and/or guidelines. b) For those sites identified as contaminated, a qualified engineer shall be on-site throughout the duration of excavation and soil handling activities to ensure that the site is cleaned up in accordance with the Ministry of the Environment's policy and/or guidelines. c) Prior to any development occurring, a qualified person shall undertake a verification sampling program and shall certify to the satisfaction of the Ministry of the Environment and the Town that the site has been made suitable for the use proposed. II Jj4 - 2 - 3. Renumbering the existing Sections as follows: From: Section 6.5.2 (i) Section 6.5.2 (i) (a) Section 6.5.2.(i)(b) Section 6.5.2 (i)(c) Section 6.5.2.(i)(d) Section 6.5.2.(ii) Section 6.5.2.(ii)(a) Section 6.5.2.(ii)(b) Section 6.5.2.(ii)(c) Section 6.5.2. (iii) Section 6.5.2.(iii)(a) Section 6.5.2.(iii)(b) Section 6.5.2.(iii)(c) Section 6.5.2. (iii)(d) Section 6.5.2.(iii)(e) Section 6.5.2.(iv) Section 6.5.2. (iv)(a) Section 6.5.2.(iv)(b) Section 6.5.2. (iv)(c) Section 6.5.2. (iv)(d) Section 6.5.2.(iv)(e) Section 6.5.2. (iv) (f) Section 6.5.2. (v) Section 6.5.2. (vi) Section 6.5.2. (vi)(a) Section 6.5.2.(vi)(b) To: Section 6.5.2.1 Section 6.5.2.1 (i) Section 6.5.2.1 (ii) Section 6.5.2.1 (iii) Section 6.5.2.1 (i) Section 6.5.2.3 Section 6.5.2.3 (i) Section 6.5.2.3 (ii) Section 6.5.2,3 (iii) Section 6,5,2.4 Section 6.5.2.4 (i) Section 6.5.2.4 (ii) Section 6.5.2.4 (iii) Section 6.5.2.4 (iv) Section 6.5.2.4 (v) Section 6.5.2.5 Section 6.5.2.5 (i) Section 6.5.2.5 (ii) Section 6.5.2.5 (iii) Section 6.5.2.5 (i) Section 6.5.2.5 (v) Section 6.5.2.5 (vi) Section 6.5.2.6 Section 6.5.2.7 Section 6.5.2.7 (i) Section 6.5.2.7 (ii) 4. Adding a new Section 6.5.2.2 as follows: 116.5.2.2 Sub-Central Area i) The Sub-Central Area, in conjunction with lands identified in the City of Oshawa, shall serve as a focal point of activity providing an integrated array of shopping, personal and business service, office, residential and community uses serving portions of the Oshawa and Courtice Urban Areas. It shall be planned and developed similar to Main Central Areas. In Newcastle, it is recognized that this area provides a unique loeational opportunity at the entranceway to the municipality. " J7 J[- ,J - 3 - ii) A maximum of 28,000 square metres of gross leasable floorspace shall be permitted for the retailing of goods and personal services as follows: Policy Area A - 2,000 sq. m. Policy Area B - 18,000 sq. m. Policy Area C - 8,000 sq. m. iii) Council shall seek to achieve an integrated urban design having regard to the planned function area as a Sub-Central Area and a major gateway to the Town of Newcastle. iv) Council shall require the provIsion of appropriate public amenities, services and facilities in conjunction with new development on lands in the Sub-Central Area. v) In exercising its powers of regulation, review and approval under the Planning Act, for the development of lands in the Sub-Central Area, Council shall implement the following objectives: . the integration of development to create an image and character for the area appropriate to this major entranceway to the Courtice Urban Area; . provision of direct street pedestrian access, wherever possible; . implementation of a comprehensive streetscape improvement strategy; . the consolidation of entranceways at 80 metre intervals; . common internal traffic circulation with an integrated laneway system; . appropriate provision for public transit including shelters; . use of common themes in signage; and . the rationalization of irregular lot boundaries, where possible, to achieve a more efficient development pattern. ':)36 - 4 - vi) An integrated private laneway system shall be provided to permit ease of movement between adjoining commercial properties. Such a laneway system shall be dedicated to adjoining landowners by means of easements registered on title. It shall have a minimum width of 8 metres. vii) Council shall seek to ensure that smaller parcels are incorporated into comprehensive development schemes. To achieve this, Council may require that proponents prepare comprehensive block plans to demonstrate that development proposals do not negatively impact the development potential of adjacent lands. viii) Policy Area A: Office Commercial Area a) Lands designated as Policy Area A shall be used for professional and business offices. Ground floor retail and personal services may be permitted but shall generally not exceed 20% of the gross leaseable floor area. ix) Policy Area B: General Commercial a) The predominant use of lands in Policy Area B shall be retail, personal service uses, and professional and business offices. In addition, community and residential uses are encouraged in association with commercial facilities, b) Council shall encourage existing commercial development to co- operate in the implementation of integrated development plan. As a condition of redevelopment of any land within this designation, the proponent shall be required to consolidate access points, incorporate the development of a rear laneway system, and improve landscaping. x) Policy Area C: Mixed-Use Development Area a) The lands designated as Policy Area C are to be the focal point of architectural interest in the Sub-Central Area. The following uses are permitted: . mixed-use commercial/residential buildings with retail and personal service uses on the ground floor; . office buildings in accordance with the policies of Section 6.5.2.2 (viii); :J 3 7 - 5 - . medium or high density residential buildings not exceeding 80 units per net hectare, b) Lands within Policy Area C shall be permitted to develop up to a maximum floorspace index of 1.00 and up to a maximum height of 6 storeys. c) In addition to the policies of 6.5.2.2 (v), in exercising its powers of regulation, review and approval under the Planning Act, Council shall implement the following objectives for the development of lands in Policy Area C: . The location and form of buildings shall contribute, to the creation of an attractive environment for pedestrians. . Buildings shall be sited in a manner which clearly define a prominent corner and the edges of streets with appropriate setbacks and heights. . The location and form of buildings shall minimize adverse impacts, including shadowing, on low-density residential areas. . Retail and service uses shall provide an attractive streetfront facade and direct street access. . Pedestrian amenities and appropriate landscape features shall be provided at the intersection. . The residential component of integrated commercial/residential buildings should have separate and secure entrances, a separate parking area and appropriate indoor and outdoor amenity areas. II 5. Deleting subsection 6.5.2.5 (vi) as renumbered (formerly subsection 6.5.2 (iv)(f). 6. Deleting the words IICommunity and Local Central Areasll and replacing it with the words IICentral Areasll in subsection 6.5.3 (i). ':.)38 - 6 - 7. Adding a new policy 6.7.3(iii) as follows: "iii) In areas of commercial development and redevelopment in Central Areas, entranceways to commercial uses from arterial roads shall be limited to 80 metre intervals. II 8. Amending Schedule 6-1 as shown on Exhibit 'A' to this Amendment as follows: i) Identify "Sub-Central Are a" and various policy areas contained therein; ii) Adjust population in Neighbourhood 1 A from 4,200 to 4,500 persons and Neighbourhood 18 from 2,400 to 2,800 persons; and iii) Identify neighbourhood park. 9. Amending Schedule 6-2 as shown on Exhibit '8' to this Amendment to identify "Soil Contamination Assessment Areas", . ~J 3 9 r MODIFIED EXHIBIT "A" TO AMENDMENT NO. 41 TO THE TOWN OF NEWCASTLE OFFICIAL PLAN (Courtice Urban Area) CHANGE FROM "RESIDENTIAL" TC "SUB-CENTRAL AREA" AND IDENTIFY POLICY AREAS CHANGE FROM "SPECIAL PURPOSE COMMERCIAL" TO "SUB -CENTRAL AREA" AND IDENTIFY POLICY AREAS CHANGE FROM "RESIDENTIAL" TO "SUB-CENTRAL AREA" AND IDENTIFY PCLlCY AREAS ADJUST POPULATION FROM "2400" TO "2800" . ,- J4Ll EXHIBIT "B" TO AMENDMENT NO. 41 TO THE TOWN OF NEWCASTLE OFFICIAL PLAN (Courtice Urban Area) ::4 ' I I,',e, '~'"T.' b~ , " (I . '\ co .,~ ,~ CQ C g .e ~ ::l03 I I ., u o ).. '" ~ :;; ~ C:-Oc..t: " c" O<E~ Io..Ea:;: o .!.~ 'v; -. "" > c: ~~JiJ; )..'" -0 0" ]< E !' co:; ,g.; > c c" wVl r ("\1 :~) W; .. ....]1J <!w Oi ~ ~ !!! W Z .: ~<! ffi ..- lD m 0:: a:: ~ ;:);:) o 0 :g u ...J ~ ffi >- ::!: !: z > o'!:: ~ I/) > z zw WI/) W ...J =>(\J C I ~w () I/) , ~t +.~ '.. J~ -e'~ '"il . I ~'~ '~ ;.~. '~ t ~ . . t , II "'Y-""l, " / - --t ,~ " w ..So i "..' ;.~ tf . ,~ ~ r-.....,..-n , ~) 4 1 ATTACHMENT #5 AMENDMENT # 10 TO THE COURTICE WEST NEIGHBOURHOOD ,DEVELOPMENT PLAN PURPOSE: The purpose of this amendment is to implement modifications to Amendment # 41 to the Town of Newcastle Official Plan and to recognize lands in the vicinity of Townline Road and Highway No.2 as a Sub-Central Area in accordance with the 1991 Durham Regional Official Plan and Amendment #256 to the 1976 Durham Regional Official Plan. BASIS: This amendment is based on the planning study undertaken by the Town for the Courtice West Highway No. 2 Corridor area, the designation of a new Sub-Central Area in the Durham Regional Official Plan, and an application by Valiant Property Management Ltd. for a commercial centre with approximately 8,000 square metres of retail and personal service floorspace on the east side of Townline Road between Highway NO.2 and Nash Road. ACTUAL AMENDMENT: The Courtice West Neighbourhood Development Plan is hereby amended as follows: ' 1. Delete all references to "Gateway Commercial Area" and "Gateway Commercial Policy Area" and replace it with 'Townline Sub-Central Area". 2. Delete the first paragraph in section 2.5.3 (ii) and replace it with the following paragraph: "ii) The Townline Sub-Central Area is comprised of three policy areas: General Commercial Area; Mixed-Use Area and Office Commercial Area." 3. Delete subsection 2.5.3 (ii)(a) and replace it as follows: "a) General Commercial Areas shall be developed for retail, personal service and office uses. Community and residential uses are encouraged in association with commercial development. 4. Delete Subsection 2.5.3 (ii)(b) and renumber the following subsections. { :J 42 - 2 - 5. Add new subsections 2.5.3 (ii)(c) as follows: "c) Office Commercial Areas shall be redeveloped in accordance with Section 2.5.6 of this Plan. Buildings shall be a minimum of three storeys in height, be sited to clearly define the edges of streets, and provide a point of architectural interest at the entranceway to the municipality. 6. In Section ~.5.3 (iii) replace the words "maximum of five storeys" with "maximum of six storeys". 7. Amend Section 2.6.5 by changing all references from IIService Lanesll to "Internal Lanesll. 8. Amend Schedule 1 to the Courtice West Neighbourhood Development Plan as shown on Schedule 'A' to this Amendment. IMPLEMENTATION: The provisions regarding implementation, as set forth in the courtice West Neighbourhood Development Plan shall apply in regard to this amendment. INTERPRETATION: The provisions regarding interpretation, as set forth in the Courtice West Neighbourhood Development Plan shall apply in regard to this amendment. ':J43 r SCHEDULE IIAII TO AMENDMENT NO. 10 TO THE COURTICE WEST NEIGHBOURHOOD DEVELOPMENT PLAN RELOCATE "INTERNAL LANEWAY SYSTEM" 1~111&_' .:.:.: ..... ::::: ,',', ii1i! .:.: .... :.:. .:.: CHANGE FROM IISPECIAL PURPOSE COMMERCIAL" TO "OFFICE II ::::::: :::::::::::: :::: ~:;:~