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HomeMy WebLinkAboutPD-82-93 UNFINISHED BUSINESS THE DN:DINNEREX.GPA OF THE TOWN OF NEWCASTLE Meeting: PUBLIC MEETING General Purpose and Administration Committee File # Res. # Date: Monday, May 17, 1993 I'D 82 93 File #: DEV' 92-032 & OPA 92-011/N # Report #: Subject: OFFICIAL PLAN AMENDMENT and REZONING APPLICATION 656150 ONTARIO LTD. (DINNEREX INC.) PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILES: DEV 92-032 & OPA 92-011/N Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-82-93 be received; 2. THAT the application to amend the Town of Newcastle Official Plan submitted by Joe Wood on behalf of 656150 ontario Limited (Dinnerex Inc.) be APPROVED in the context of the modification to Amendment #41 to the Town of Newcastle Official Plan and Amendment #10 to the Courtice West Neighbourhood Plan as contained in Report PD-80-93; 3. THAT the application to amend the Comprehensive Zoning By- Law 84-63 be APPROVED and the amending by-law be forwarded to Council at such time when Amendment #41 has received approval from the Ministry of Municipal Affairs; 4. THAT the Region of Durham Planning Department and the Ministry of Municipal Affairs be advised of Council's decision and forwarded a copy of this report; and, 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 656150 ontario Limited (Dinnerex Inc.) 1.2 Agent: Joe Wood 1.3 Official Plan Amendment: From "special Purpose Commercial Area" to an appropriate designation to permit general commercial uses RECYCLED PAPIER PAPER RECYCLE ll-IIS IS PRIIHED ON RECYCLED PAPER REPORT NO.: PD-82-93 PAGE 2 1.4 Rezoning: From "Special Purpose Commercial (C5)" to an appropriate zone to permit general commercial uses 1.5 site Area: 0.91 hectares (2.25 acres) 2. LOCATION 2.1 The 656150 ontario Limited (Dinnerex Inc.) site is located on the south side of Highway 2 in Court ice between Townline Road South and Darlington Boulevard. The property currently contains a 2,309 m2 (24,850 ft2) commercial development. The legal description for the site is Part Lot 35, Concession 2, Former Township of Darlington. 3. EXISTING AND SURROUNDING USES 3.1 Existing Uses: An existing 2,309 m2 (24,850 ft2) commercial facility containing several eating establishments 3.2 Surrounding Uses: East: North: West: South: Car lot Vacant commercial space Residential Residential 4. BACKGROUND 4.1 On June 12, 1992, the Town of Newcastle received an application from Joe Wood representing 656150 ontario Limited (Dinnerex Inc.) to amend the Town of Newcastle Official Plan and Comprehensive Zoning By-Law 84-63 to permit additional commercial uses in addition to the special purpose commercial uses currently permitted. Because of the recessionary economic climate, Dinnerex Inc. has expressed difficulty in leasing floorspace to potential tenants because the current zoning limits the types of uses to ~J 65 REPORT NO.: PD-82-93 PAGE 3 special purpose commercial uses. He is therefore seeking to increase the types of commercial uses permitted on the site. 4.2 A Public Meeting under the Planning Act was held on September 8, 1992 for this latest application at which time no member of the public came forward. Council referred the application back to Staff for further processing. Prior to the meeting, no submissions or inquiries were received. 4.2 The initial application for the existing development was received by the Town during 1990. site plan approval was granted by the Town on December 12, 1990. 5 . COMMENTS 5.1 The original policies contained in Amendment #41 were based on the Courtice West Hiqhwav No. 2 Corridor Study. This envisioned commercial development along Highway 2 to form a "Gateway" to the Town along this linear corridor. The subject property was not considered as part of the "Gateway" and therefore was designated for "Special Purpose Commercial" uses. 5.2 The 1991 Durham Region Official Plan has designated a Sub- Central Area at Townline Road and Highway 2. within the Regional concept of Central Areas, this implies that the area should be developed as a "destination centre" or "node" rather than as a "linear corridor" as previously envisioned. This has prompted a reconsideration of the original planning principles for this Sub-Central Area. In order for the area to develop as a destination centre, Amendment #41 is being modified to permit "General Commercial" uses. These uses have also been extended to the i, b/ 6 ,) REPORT NO.: PD-82-93 PAGE 4 subject lands and hence, the "Special Purpose Commercial Designation" is no longer appropriate. 5.3 Commercial Hierarchy Study The Town has engaged the services of Arthur Andersen to prepare a comprehensive study of the existing and future commercial structure of the Town. Some of the important findings of relevance to this application include the following: . By the year 2011, an anticipated population of 28,000 persons within the Courtice Urban Area could support between 42,000 and 55,000 m2 (450,000 and 590,000 ft2) of gross leasable floorspace for retail purposes. Additional floorspace would be required for office uses as well as personal and business services; . The commercial development currently existing in Courtice lacks focus. A commercial "node" or "destination" centre is required to stem the outflow of consumer expenditures on retail goods and services; . The Town should focus on developing a general commercial base within the immediate future in the Sub- Central Area providing a wider array of retail and personal service floorspace; and, . Special Purpose Commercial uses should be restricted from the Highway 2 corridor in urban areas as most of the uses could be accommodated within a general commercial designation. 67 REPORT NO.: PD-82-93 PAGE 5 6. OFFICIAL PLAN CONFORMITY 6.1 within the 1976 and 1991 Durham Region Official Plans, the subject lands are within the "Sub-Central Area" designation. Generally smaller in size than Main Central Areas, Sub- Central Areas provide an array of shopping, personal and business service, office, institutional, recreational and residential uses. Land uses permitted within these areas are further defined by the Town of Newcastle's Official Plan and Comprehensive Zoning By-Law 84-63. The proposed use appears to conform to the existing commercial policies. 6.2 Under the Town of Newcastle Official Plan, the subject lands are located within Official Plan Amendment #41 which is currently the subject of proposed modifications. This Amendment further defines the types of land uses permitted under the Durham Region Official Plan designation for this area. The site is currently designated "Gateway Commercial Area" which permits special purpose commercial uses. The applicant is seeking to amend these policies to permit a broader range of commercial uses. However, the proposed modifications to Amendment #41 would permit general commercial uses within this development. 7. ZONING BY-LAW COMPLIANCE 7.1 The subject lands are currently zoned "Special Purpose Commercial (C5)". The zone permits land-extensive commercial uses such as furniture/major appliance/motor and recreational vehicle retail establishments, building supply outlets, liquor/beer outlets, garden/nursery sales, fruit and vegetable outlets, catalogue stores, restaurants, places of worship and entertainment, hotel or motel, private clubs, veterinarian clinic and offices. The applicant is seeking an amendment to permit general commercial uses. '8' l~ LI ~)U REPORT NO.: PD-82-93 PAGE 6 8. 8.1 8.2 9. 9.1 9.2 9.3 10. 10.1 PUBLIC NOTICE AND SUBMISSION As required by the Planning Act, notice of the Public Meeting was placed in three newspapers 30 days prior to the meeting: the Oshawa Times, the Courtice News and the Canadian statesman. All landowners affected by the proposed modifications of Amendment #41 were mailed a copy of the public meeting notice. No submissions or telephone inquiries have received regarding this application. AGENCY COMMENTS The application was circulated to solicit comments from other relevant agencies. Comments received indicates no objections from any internal department. The Durham Region Planning Department has indicated that the application conforms with Amendment #259 of the 1976 Durham Regional Official Plan and the 1991 Durham Regional Official Plan provided that the development can be accommodated within the 20,000 m2 (215,000 ft2) retail and personal service floorspace target allocated for the area. STAFF COMMENTS AND CONCLUSION The proposed modifications to Amendment #41 to the Town of Newcastle Official Plan would create a "destination centre" within the Sub-Central Area. While creating a focus with an increased retail and personal service selection for Court ice residents, such a node would stem the current outflow of consumer expenditures to the Oshawa portion of the Sub- Central Area. Staff is satisfied that the subject property 'J 69 REPORT No.: PD-82-93 PAGE 7 is part of this sub-central area and that the general commercial designation requested by the applicant would be consistent with the above goal of establishing a sub-central area and that the special purpose commercial description is no longer appropriate. 10.2 Proposed modification to Amendment #41 (subject to a separate report), if approved, will accommodate the applicant's request. It is therefore recommended that this application be APPROVED within the context of the proposed modifications to Amendment #41 and that the lands be rezoned from "Special Purpose Commercial (C5)" to "Holding - General Commercial ((H)-C1)" with the "Holding (H)" provision being lifted by By-Law once Amendment #41 including the proposed modifications has been approved by the Ministry of Municipal Affairs. Respectfully submitted, Recommended for presentation to the committee d r ~-O-Sl. ~ ~ Franklin Wu, M.C.I.P. Director of Planning and Development RH*FW*df *Attach 7 May 1993 Attachment #1 - Location Map Attachment #2 - Key Map '.' 'jl'IU" ) REPORT NO.: PD-82-93 PAGE 8 Interested parties to be notified of council and Committee's decision: 656150 ontario Limited (Dinnerex Inc.) 355 Adelaide street West Second Floor Toronto, ontario M5V 1S2 Attention: Mr. Joe Wood Abbott Drafting Ltd. 172 King Street East suite 303 Oshawa, ontario L1H 1B7 Attention: Mr. Ray Abbott Mr. John wilson 1421 Highway #2 Courtice, ontario L1E 2J6 " '/'1 ) I ~L (1\ \ I-' r-- - _ (/) 1---- -3-- -w->-- _ iL -I--- - ffi - >-- - 6 -I-- - --l _I-- ~= 1 - >--- I I--- ~l-- o a:: I ~ - :r:- ~- z- 0: 0; I ~ ~I~% \ .. . . . . - . . . . .. .. r- ; .. .. .. .. .. .. .. .. .. lN3QS3t1Q V'lOSS018 w > ~f- o >ltl\fd31\fO ..... OVOl:! \ rOJID a:: :::> o () ---, ~ ,,", 0:~ " :--. "","","" ~"0 :--.80. ~ ~" ~ ~ ~ i:'- ~ ~~ .-. I- Z WW o::::z I-W z(!) w4 OZ w4 (!)::z 4>- ..JI- ..Jo:: -W >Q. ~~ 3:Q. 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(/)/ - I : i~ . w > <( . . . . . . 0::: _w I- 2 I::: 0f-c- I :::r ~ I r I };j\f^31n08 N018Nlltl\fO I J ,1m 1mIIlJID ] J~OII.LlW - =-t I- lN3QS3t1:) 3t1ldV'l3.i. - ~!8L =r \\ :~5:\:-~= ~= //\ ~=~= - (9 f----- f-- ~I-- ~ 0"1 ~ ::~ f n -I- :z: o (f) Cl :::> :r: 1S C- eo :E c o -- .... eo o o -I I.LI ...J I-- (f) <( <( ~ (,) ~ :I: I.LI (f) Z 0 I I >- >- a::: a::: <( <( 0 0 z z ::> ::> 0 0 m m <( <( I.LI I.LI a::: a::: <t <( ...J ...J <t <t a::: a::: I-- I-- Z Z W I.LI (,) (,) 0 <.!) I.LI Z (f) I-- 0 0.. (/) 0 x a::: I.LI 0.. . ! . . . . . . . . : I . . , , 7') ~. J L Attachment No.2 ~ SUBJECT SITE LOT 35 LOT 34 NASH ROAD LOT 33 Rl R1 C5 . C\J Z 0 - (H)Rl en en IJJ Q U <l: Z 0 Rl 0:: Rl 0 w U 2: Q:: W Cl Z - ..J Z 3= 0 I- ( ..----.... . KEY MAP o \00 200 300 m r""_ I 50m ~ Dev.92-032 O.P.A.92-011/N . :J 7 3