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HomeMy WebLinkAboutPD-83-93 DN: DEV91022.GPA Meeting: General purpose and Administration committee File # Date: Monday, May 17, 1993 Report #: PD 83-93- File #: DEV 9-1-022 Subject: REZONING APPLICATION - ROSEBRIDGE NEWCASTLE INC. PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 91-022 It is respectfully recommended that the General purpose and Administration committee recommend to council the following: 1. THAT Report PD-83-93 be received; 2. THAT application to amend the Town of Newcastle comprehensive Zoning By-law 84-63, as amended, submitted by Rosebridge Newcastle Inc. to permit a mixed-use development be approved for a maximum 3200 sq/m of retail commercial floor space, 929 sq/m of office commercial floorspace and 110 apartment units; 3. THAT the amending by-law attached hereto be forwarded to council for approval; 4. THAT the "H" _ Holding symbol in the amending by-law will not be removed until such time all applicable Official plan Amendments and modifications are approved by the Ministry of Municipal Affairs and the applicant has entered into a site plan agreement with the Town; and 5. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 6. THAT the interested parties listed in this report and any delegation be advised of council's decision. 1.1 1.2 APPLICATION DETAILS Applicant: Rosebridge Rezoning Application: 1. Newcastle Inc. from "special purpose commercial Exception (CS-3)" to permit the development of 929 square metres of office commercial and ~:::L square met.!es._ of retail commercial totalling 4646 ~ '; A ,j . RECYCI.El) PAPIER PAPER RECYCLE REPORT NO.: PD-83-93 PAGE 2 1.4 Land Area: square ~etres of commercial office and retail floor space and 110 residential apartment units having 9136 square metres of floor area. 1.62 ha (4.0 acres) 2. LOCATION 2.1 The subject property is located in Part Lot 34, Concession 2, former Township of Darlington. The lands are on the north-east corner of King street (Highway NO.2) and Varcoe Road. The site includes all parcels municipally known as 1450 to 1468 King street (Highway No.2), and 7 and 9 Varcoe Road. 3. BACKGROUND 3.1 The subject rezoning application was received by the Town of Newcastle Planning and Development Department on May 7, 1991. The rezoning application was submitted concurrently with an application for site Plan approval. The site as described above falls within the Courtice Highway No. 2 Corridor study area. The applicant had previously submitted an Official Plan Amendment application (O.P.A. 90-072/N). staff considered this application in the preparation of the Courtice Highway #2 Corridor study and subsequent Official Plan Amendment #41. 3.2 The application for zoning by-law amendment and site plan approval currently being considered by the Committee proposes to develop the 1.62 ha parcel with essentially two building masses. The first building is to be located in the south-east corner of the site, providing a street front oriented building paralleling both King street and Varcoe Road. Said building is proposed to have two floors with a ground floor retail floor space area of 1117 sq/m and a second floor office space of 929 sq/m. '-------3-;-9 The seee~,~:H:4ing mass is-~osed to be an I.-shaped "structure paralleling the north and east property lines of the site. The proponents are currently seeking~approval of a five (5) storey - 'J I J PAGE 3 REPORT NO.: PD-83-93 structure with a total of 2600 m2 of retail commercial on the ground floor and four (4) floors of residential with a total of 110 apartment units, and a residential floor area of 9136 sq/m. 3.4 The applicant has prepared and submitted a retail market analysis prepared by Clayton Research in support of the application. A traffic impact assessment study prepared by Cansult Engineering Limited was submitted to address commenting agency and staff concerns. In addition, a report detailing preliminary stormwater management and site servicing issues was forwarded to address concerns raised by the commenting agencies. 4. EXISTING AND SURROUNDING USES 4.1 The existing site is currently occupied with a sales .centre for lands located north of Nash Road between Trulls Road and court ice Road. The site also contains vacant and boarded residential structures and two residential structures which have been subject to fire and vandalism. The applicant has advised staff that they have recently taken steps to make the site more secure. 4.2 surrounding land uses are as follows: South: an EssO Service station, PegasuS Motor Vehicle Sales, oshawa Monument and vacant lands subject to a development application for a mixed use proposal. East: existing single family residential dwellings and a parkette. North: vacant lands subject to residential development applications. West: A motor vehicle repair garage and Adam's Warehouse (which occupies the former Kingvar Car dealership site) and existing residential fronting on Varcoe Road. 5 PUBLIC MEETING AND RESPONSE 5.1 pursuant t2~~ounci~'s resolution of July 26, 1982, and the requirements of the Planning Act, the approprtate signage acknoWledging the application was installed on the subject lands. :)76 PAGE 4 REPORT NO.: PD-83-93 In addition the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance. 5.2 One neighbouring land owner presented committee members with a letter which summarized her concerns. The first objection was to the height bonusing clause contained in the original Amendment #41. They also have concerns with the density of the development, in that the subject proposal has virtually the same number of units as the previous 15 storey submission. Should the application be approved they requested that a 8 to 10 foot high concrete sound barrier be installed by the developer abutting the existing residential dwellings. 6. OFFICIAL PLAN POLICIES 6.1 The 1976 Durham Regional Official Plan designates the subject property "Residential". Amendment #259, approved by Regional council in 1990, redesignated the property as being within a newly designated "sub-central Area". The proposed mix-use development conforms to Amendment #259. 6.2 The 1991 Durham Regional council approved Official Plan designates the lands as part of a "sub-central Area". The policies of the sub-central Area designation encourage areas designated as such to be planned similar to, but generally smaller than a Main central Area. SCA's are to serve large segments of urban areas with uses complementary to those offered in the Main Central Area. Typical uses shall include an array of shopping, personal, recreational and residential uses. The proposal appears to conform. 6.3 within the Town of Newcastle Official plan the subject property is designated "special purpose commercial Node". However, Amendment #41 redesignates the subject property to allow mixed uses within the newly created "Gateway sub-Central Area" designation. The policies of the Gateway COliOllercial--aUempt to 77 REPORT NO.: PD-83-93 PAGE 5 achieve an appropriate range of commercial uses and higher density residential uses in relevant locations that can be well integrated with the commercial character of the area. The lands designated as "Mixed Use Development Area" are to be the focal point of activity and architectural interest in the Gateway Commercial Area. The proposed development conforms to Amendment #41. 6.4 Modification to Amendment #41 (see Report PD-80-93) as it affects the subject property, reduces the retail commercial floor space allocation from 3717 sq/m as proposed to a maximum allowable 3200 sq/m while maintaining the office commercial of 929 sq/m. Furthermore, it deletes the bonusing provision (that would increase the building height from 5 to 7 storeys) by fixing the height restriction at 6 storeys. However, it would also permit a development to achieve a floor space index of 1.00. These modifications have been discussed with the applicant who concurs. 6.5 In the courtice West Neighbourhood Development Plan the subject lands are identified as being within the "Gateway Commercial Area" and further designated as a "Mixed Use Area" in Amendment 10 to the courtice West Neighbourhood Plan. The policies are similar and consistent with those contained in the modification of Amendment #41 to the Town's Official Plan. The proposal conforms to the Neighbourhood Plan. 7. ZONING 7.1 The current zoning on the subject property is "Special Purpose Commercial Exception (C5-3)". This special exception zone category would permit all the uses in the parent "C5" zone. These use however, would not permit the residential component of the application or the office commercial uses, hence this application to amend the zoning by-law. i.l r: ) D REPORT NO.: PD-83-93 PAGE 6 8. AGENCY COMMENTS 8.1 In accordance with departmental procedure the subject application was circulated to a number of agencies and departments for comment. 8.2 The Public Works Department reviewed the subject application in conjunction with the supporting documentation submitted (traffic study and stormwater management report) and advised they have no objection in principle with this development. Staff have reviewed the stormwater management options and have no objection to either option. Should the second option, proposing a storm sewer easement from King Street to the Creek be implemented, the easement must be located abutting the future park as outlined in neighbourhood plan Amendment #10 (PD-80-93). Furthermore, the final design of the storm sewer must be such that it is capable of accommodating all upstream development in accordance with the Town approved neighbourhood plan. Public Works further advised that should the application be approved the applicant will be required to bear the costs (100%) of any works required on Varcoe Road necessitated as a result of this development as well as a road widening on said road. That any lands beyond the Ministry of Transportation road allowance required for a sidewalk on King street be dedicated to the Town. The future sidewalk shall be located 1.5 m from the curb line and 0.75 m from the property line. The proponent is responsible for, pipe crossing agreement and encroachment permits from M.T.O. and access permits from the Town. Furthermore, a lot grading plan must be prepared to the satisfaction of the Director of Public Works and include relevant information required from other reviewing agencies (ie. C.L.O.C.A. and M.N.R.). 8.3 The Community Services Department staff reviewed the subject ap~~ication and provided no objection in principle to the development advising that the proposed population may be accommodated in the existing cherryblossom Parkette and a future )79 PAGE 7 REPORT NO.: PD-83-93 park north of Nash Road and west of Varcoe Road. community Services staff further advised they require cash-in-lieu of parkland be calculated on the basis of 1 ha per 300 dwelling units for the residential component and a 2% dedication for the retail and office commercial component. The applicant must provide indoor and outdoor recreational opportunities on site for future residents. The applicant is to provide safe access to the parkette from the apartment and furthermore, that the site plan reflect the streetscape approved in the courtice Corridor study Landscape Plan. 8.4 The Fire Department advised that response will be from station #4, courtice. Concern was expressed regarding the location of available fire hydrants, either on the south side. of King street or at the north east corner of King street and Varcoe Road. private hydrants are recommended in the area of the north west and south east corners of the property. The location of parking spaces, directly in front of the proposed retail stores provides restricted accessability, this will be further reviewed through the site plan approval process. 8.5 The public School Board has advised that the 110 units proposed would generate 35 students at S.T. Worden P. s. which is currently over capacity with four portables on site. Although the school board staff provided no objection, they require sidewalks be constructed on Varcoe Road as a condition of approval. planning staff note, this requirement will be reviewed further with public Works staff in light of the Development Charges By-law. 8.6 The Separate School Board's review of the proposal also raised no objections. students from this development will attend Mother Teresa Elementary School in courtice, while secondary students bussed to st. stephen's in Bowmanville. ~QO ,j LJ REPORT NO.: PD-83-93 PAGE 8 8.7 Central Lake ontario conservation Authority Staff have reviewed the application and supporting documentation and are prepared to support the proposal in principle. The applicant in conjunction with other land owners along King Street, at the request of CLOCA, undertook a study to address the cumulative impacts of the developments on an outfall to the Farewell Creek. CLOCA supports option #2 presented in the report which proposes that the outfall, just west of the watercourse, be enclosed. The municipality will be required to accept an easement over the enclosed storm sewer proposed south of King Street. site specific details regarding on-site stormwater management are still being reviewed and will be incorporated in comments on site plan approval. 8.8 Ministry of Natural Resources Staff requested a preliminary stormwater drainage and erosion control report prior to commenting. Such a report was submitted and found to be acceptable in principle. As such conditions of approval were forwarded to be incorporated in the Town's site plan agreement. The applicant must detail for the Ministry's approval a final and to be implemented report describing, the intended means of conveying stormwater flow form the site in accordance with provincial policy, and the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with provincial policy. 8.9 The Ministry of Transportation provided no objection in principle to the development. Ministry Staff advised that the proposed single access location was acceptable as per the latest submission. However, all new multiple family residential/commercial buildings require a minimum setback of 16.4 (54 feet) from property line abutting King street. This is discussed in the Staff comments. The stormwater management plan, including the construct outfall, is considered acceptable. )81 REPORT NO.: PD-83-93 PAGE 9 8.10 Region of Durham Planning Staff provided comments based on the proposals conformity with Amendment #41 as approved by Local and Regional Council. It was noted that any zoning by-law amendment passed prior to Ministry approval of the Amendment #41 should be passed pursuant to section 34(19) of the Planning Act,1983, as amended. 8.11 Region of Durham Works Staff advised that municipal water and sanitary sewer is available on both Varcoe Road and King Street. Any existing service connections which are not required to service the proposal must be abandoned to the satisfaction of the Region. 9. STAFF COMMENTS 9.1 The submission proposes to develop 929 sq/m of office commercial and 3717 sq/m of retail commercial floor space as well as 110 apartment units over 9136 sq/m of floor area. This application was filed in consideration of, and in conformity with the policies contained in Amendment #41. The retail market analysis prepared by Clayton Research, supported the proposed retail floor space within the context of Amendment #41. The application is also supported by the work being completed in The Commercial Hierarchy Study by Arthur Anderson and Associates. 9.2 Staff has reviewed the application in consideration of the policies contained in the modification to Amendment #41, as per report PD-80-93. The modification to Amendment #41 allows a maximum of 8000 sq/m of retail commercial floor space in Policy Area "C", which includes the subject property. This has been reduced by 6000 sq/m from the original Amendment #41. As a result, a reduction to the retail commercial floor space contained within this proposal is appropriate. The subject lands are the largest consolidate land parcel in Policy Area "c" and as staff can a maximum retail commercial floor space of 3200 sq/m down from 3717 sq/m as proposed, while maintaining the office commercial at 929 sq/m. :J 8 f~ REPORT NO.: PD-83-93 PAGE 10 9.3 Staff have discussed some of the proposed modifications to Amendment #41 with the applicant. Specifically, the bonusing provision that would allow the residential building to increase from 5 to 7 storeys, which has been eliminated. In lieu of this change, the modification contained in report PD-80-93 will allow the residential component of a proposal, in Policy Area C, to achieve a maximum height of 6 storeys. Should the proponent wish to pursue the possibility of increasing the building height to six storeys, a rezoning application will be required. 9.4 The amended Gateway Official Plan policies, dealing with the Court ice corridor area stress the importance of creating an attractive environment for pedestrians, siting of buildings in such a manner which will clearly define edges of streets, and providing pedestrian amenities and appropriate landscape features between buildings and public walkways. As such staff have stressed a street front oriented building is required at the Varcoe Road and King Street intersection. This is contrary to Ministry of Transportation comments, although consistent with the Ministry's own "Transit supportive Land Use Planning Guidelines" as released in April of 1992. Said policy documents strongly encourages street front oriented buildings, creating a more pedestrian and transit supportive streetscape. 9.5 The applicant submitted a traffic study in support of the application which dealt with access, trip distribution, on-site queuing and parking requirements. Although the applicant proposed two access points on King Street, the Ministry of Transportation has recommended that one access only be permitted for the development. Through the rezoning application, the applicant requested parking requirements be reduced by 33 spaces for the office component. Staff are not able to support this request and the applicant is required to re-examine the layout of the proposal to provi~e adequate parking. As a result the proposed amending by-law does not provide for a reduction of the parking requirements. f\ ~~ ~;~ REPORT NO.: PD-83-93 PAGE 11 9.6 The landscaping for the development will be revised through final site plan submission to conform with the Council approved Landscaped Design Guidelines. Mixed commercial/residential developments require 4.5 m landscaped strip abutting public roads and parks and a 3.0 m strip abutting residential areas. Further landscape details such as species type, size and number will be established at a latter date. The proponent will also be responsible for contributing to the King street and Varcoe Road streetscape improvements as per council resolution from approval of the Corridor study. 10. CONCLUSION 10.1 In consideration of the comments contained within the report, the supporting documentation submitted by the applicant, the Commercial Hierarchy study prepared by Arthur Anderson and Associates, and the modification to Official Plan Amendment #41, as contained in PD-80-93, staff would have no objection to council adopting the attached zoning by-law amendment, subject to the by-law being passed pursuant to section 24(2) of the Planning Act, which means the by-law could not come into effect until all amendments to the Regional Plan, Local Plan and the proposed modifications thereto are approved by the Ministry of Municipal Affairs. Respectfully submitted, Recommended for presentation to the Committee cJr~,-O~.~, Franklin W,-M.C.I.P. Director of Planning and Development ( CP*FW*ld *Attach 11 May 1993 ATTACHMENT #1 ATTACHMENT #2 ATTACHMENT #3 ATTACHMENT #4 - Key Map , - Location Map - Preliminary site Plan - zoning By-law Amendment ,. O() II .j t REPORT NO.: PD-83-93 PAGE 12 Interested parties to be notified of council and committee's decision: Rosebridge Newcastle Inc. 4300 Steeles Avenue West unit 17 WOODBRIDGE, ontario L4L 4C2 David Johnston Architect Inc. 1110 Sheppard Avenue East NORTH YORK, ontario M5N 1T9 Attn: David Johnston Cathie Percewicz 19 Cherry Blossom COURTICE, ontario Bill Lambert 34 Cherryblossom Crescent Courtice, ontario. L1E 1G8 i P JC ,j u ATTACHMENT #1 W~ SUBJECT SITE LOT 35 LOT 34 LOT 33 I ~O\g ~ 0::0 -- :>\ ' ~ u') (2 ~U') R1 Z W ~u f3Z R1 [0 U .j KEY MAP o 100 200 300m 0-- ~ 50m ~ .----.-...-------,---,--'-gev.-9=1-~? 2,-,--,- :J86 I-' (f) o ..J W LL 0:: W > o ..J o I I I I 3^I~a .J~ a131.:J~31N3:) ..J o <{ o cr: .--- I \::C~ :3.1.;:( I--- ~ a:t9 t--- 'S3~:) l^JOSS01: ACJCJ3HQ V I---- f-- I-- t-- --j t-- I I lN3QS3~:) l^JOSS018 ^~~3IQ ~ ,---- I w > I 0:: I--- 0 I---- >l~'\1d31'\1a '\ Ww (!)..J 01- -en O::<i I-- e30 I-- en3 . oWo - O::Z~ - I - ! OI:JOtJ 3O::>tJ'\1^ .. I I \ JJJ. 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WHEREAS the council of the corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle to permit the development of a mixed-use development having a maximum retail floor area of 3200sq/m (DEV 91-022) . WHEREAS said by-law is passed pursuant to section 24 (2) of the Planning Act, R.S.O. 1990, chapter 13. and shall not come into effect until such time as all applicable Official Plan Amendments have been approved by the Ministry of Municipal Affairs. NOW THEREFORE BE IT RESOLVED THAT the council of the corporation of the Town of Newcastle enacts as follows: 1. section 16.5 "Special Exceptions - General commercial (C1) Zone" is hereby amended by adding thereto, the following new special Exception 16.5.11 as follows: "16.5.11 General commercial Exception (C1-11) Zone Notwithstanding the provisions of section 16.1, 16.2 and 16.3, those lands zoned (C1-11) on the schedules to this By-law shall be subject to the following zone regulations: a) Permitted Residential Uses i) apartment dwelling units as part of a building containing permitted non-residential use(s) . b) Permitted Non-Residential Uses i) ii) iii) iv) v) vi) vii) viii) ix) xi) xii) assembly hall; bakery shop; bank of financial establishment, business, professional or administration office; day nursery; dry cleaners distribution centre; eating establishment; eating establishment, take-out; laundry - coin operated; library; medical or dental clinic; parking lot; Place of entertainment; ~) 8 9 xiii) xiv) xv) xvi) xvii) xviii) xix) xx) xxi) xxii) xxiii) - 2 - Place of Worship; printing or publishing establishment; private club; retail commercial establishment; school, commercial; service shop, light; service shop, personal; shopping centre containing any of the uses listed in this section; supermarket; theatre; and veterinary clinic. Regulations for Residential Uses i) Front Yard (minimum) ii) Exterior Side Yard (minimum) iii) Interior Side Yard (minimum) iv) Rear Yard (minimum) v) Building Height (maximum) vi) Dwelling units (maximum) c) 8.5 metres 8.5 metres 16.5 metres 16.5 metres 5 storeys 110 units d) Regulations for Non-Residential Uses i) Exterior Side Yard (minimum) 4 metres (maximum) 7 metres ii) Front Yard (minimum) 4 metres (maximum) 7 metres iii) non-residential uses within residential buildings shall comply with the residential regulations set out (c) above. iv) retail floor space (maximum) 3200 sq/m v) office and personal service floor space (maximum) 929 sq/m vi) percentage of retail floor space within a building or structure containing a residential component shall not exceed 66% (2100 sq/m) of maximum retail floor space permitted in this zone. 2. Schedule "4" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from "Special Purpose commercial Exception (C5-3)" to "Holding - General Commercial Exception ((H)C1-11)" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4 . This By-law shall come into effect on hereof, subject to the provisions Planning Act. the date of the passing of section 34 of the :J 90 - 3 - BY-LAW read a first time this day of BY-LAW read a second time this day of ,BY-LAW read a third time and finally passed this 1993. MAYOR CLERK 1993. 1993. day of j. 91 .J This is Schedule "A" passed this~day to of By-law 93-_, , 1993 A.D. ~ ZONING CHANGE FROM 'C5-3' TO'(H)CI-II' 0 10 20 40m 1"""\".-- I Mayor 20 15 10 5 0 Clerk LOT 35 LOT 34 LOT 33 _,~,QQU~I!CE,_,,___,,__,__,__,__,_,_,_,_,_,~, o 80 100 Po'.._ - 150m 200 300m , :J92