HomeMy WebLinkAboutPD-89-93
DN:
THE
89093.GPA
OF THE TOWN OF
PUB L I C
. (jIJl.~i .09 3/P
File # D \ ~ D ~v 3'1. 10 I
Res. ~/J;J-3:!i2-
NPA 90-01jCS & DEV 89-101 #1'.3-$3
M E E TIN G
Meeting: General Purpose and Administration committee
Date:
Monday, June 7, 1993
PD-89-93
Report #:
89-093jN,
File #:
OFFICIAL PLAN AMENDMENT APPLICATION NEIGHBOURHOOD PLAN AMENDMENT
AND REZONING APPLICATION - 89-093jN, 90-01/CS AND DEV 89-101
PART LOT 28 CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON
FILE: 89-093/N, DEV 89-101 & 90-01/CS
It is respectfully recommended that the General Purpose and
Administration Committee recommend to council the following:
1. THAT Report PD-89-93 be received;
2. THAT the Official Plan amendment application submitted by Gay
Property Management on behalf of R.H. Gay Holdings Ltd. to
amend the Town of Newcastle Official Plan be Approved as per
Attachment # 1 to this report;
3. THAT the necessary by-law, attached hereto, to adopt the
Official Plan Amendment #53 be passed and the Amendment be
forwarded to the Ministry of Municipal Affairs and the Region
of Durham Planning Department;
4. THAT the Neighbourhood Plan Amendment Application NPA 90-0ijCS
submitted by Gay Property Management on behalf of R.H. Gay
Holdings Ltd. to amend the Neighbourhood Plan from "Special
purpose Commercial" and "Residential" to "Local Central Area"
be approved;
5. THAT the application to amend the Town of Newcastle
Comprehensive zoning by-law 84-63 as amended (DEV 89-101) be
APPROVED and that the amending by-law with the "Holding (H)"
symbol be passed at such time as the Ministry of Municipal
Affairs has approved Official Plan Amendment application 89-
093jN;
6. THAT the amending by-law attached hereto be forwarded to
council for Approval;
7. THAT the application for site plan approval (DEV 89-101) be
closed; and
8. THAT all interested parties listed in this report and any
delegation be advised of Council's decision.
. . . . 2
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RECYCLED PAPIEIl
PAPER RECYCLE
REPORT NO. PD-89-93
PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Gay Property Management
1 . 2 Owner:
R. H. Gay Holdings Limited
1.3 Rezoning:
From "special Purpose Commercial Exception (C5-5)", "Urban
Residential Type One (R1)", and "Holding - Urban Residential
Type One ((H) R1)" zones to a zone appropriate to permit a
2,348.46 square metre retail commercial plaza with 771. 5
square metres of office space on the second floor for a total
of 3120 square metres of mixed-use commercial space
((Holding) General Commercial (H)C1).
1.4 Official Plan Amendment:
From "Special Purpose Commercial Node" and "Residential"
within the Courtice Urban Area to "Local Central Area" having
mixed office and commercialjretail space.
1.5 Neighbourhood Plan Amendment:
From "special Purpose Commercial" and "Residential" to "Local
Central Area" having mixed office and commercialjretail space.
1.6
Area:
1.24 hectares
2. LOCATION
2.1 The subject property is located in Part of Lot 28, Concession 2,
former Township of Darlington. The lands are situated at the south
east corner of Courtice Road and Highway No.2. A total of 6
residential lots have been amalgamated to create this property.
These lots are respectively 2703, 2715, 2721 courtice Road and
1753, 1755 and 1757 Highway No.2.
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REPORT NO. PD-89-93
PAGE 3
3 BACKGROUND
3.1 On August 3, 1989, the Town of Newcastle Planning Department
received applications to amend the Town of Newcastle Comprehensive
zoning By-law 84-63, amend the Neighbourhood Plan, and an
application for site plan approval to permit a retail commercial
development.
3.2 The Town of Newcastle received notification from the Region of
Durham Planning Department on August 18, 1989, that an application
to amend the Regional Official Plan and the Town of Newcastle
Official Plan had been submitted for this same property. The
Region has since advised the Town and the applicant that an
amendment to the Durham Region Official Plan is not required.
3.3 This application has been revised a number of times. The original
submission proposed two buildings for retailjcommercial uses having
approximately 3260.8 square metres of floor space and a self serve
gas bar. The plan which is before us now is for a 3120 metre
square officejretail plaza. All the floor area has been contained
within one building and the gas bar is no longer in the proposal.
4 EXISTING AND SURROUNDING USES
4.1 Existing Uses:
The subject site presently has four single family dwellings
located on it, 3 garages, and numerous sheds. On occasion,
the existing vacant land has been used as a parking area by
Roy Nichols Car dealership. A number of off-site directional
signs have also been erected on the subject lands.
4.2 Surrounding Uses:
East - Vacant lands and existing Residential
West - Roy Nichols Car Dealership
South - Vacant land
North - Motor Vehicle Auto Body Shop
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REPORT NO. PD-89-93
PAGE 4
5 OFFICIAL PLAN POLICIES
5.1 within the 1976 Durham Region Official Plan the subject lands are
designated "Residential". section 8.i.2.1 c. of this plan states
that "Limited retail and personal service" uses may be permitted in
Residential Areas as an exception.
5.2 Schedule A5 of the 1991 Durham Region Official Plan shows that the
lands are designated "Living Area". Residential is the predominant
use of lands having this designation. However, section 10.3.1 of
this plan allows limited office development and limited retailing
of goods and services as components of mixed use developments
provided that the local municipal plan possesses the appropriate
provisions and designations. Another prerequisite for
establishment of a "Local Central Area"is that the functions and
characteristics of Central Areas are not adversely affected.
The Regional Plan also requires those commercial developments
exceeding 2500 square metres of floor area to provide justification
through the submission of a retail impact study. This requirement
has been met as a "Market Analysis and Impact Study" was prepared
for this application by Emrik H. suichies and Associates in
November 1989.
5.3 within the Town of Newcastle Official Plan, the lands are
designated "special Purpose Commercial" and "Residential". Lands
designated "special Purpose Commercial" shall serve the needs of
residents on an occasional basis. Lands so designated shall be for
uses requiring a large parcel of land and excellent exposure to
high volume traffic routes. As the applicant proposes a mixed
office - commercial use, he has made application to amend the Town
of Newcastle Official Plan to designate the lands "Local Central
Area" . This Plan states that "Local Central Areas" shall serve the
day - to - day needs of nearby residents.
5.4 According to the court:ice--south Ne.ighbourhood Plan, the subject
....5
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PAGE 5
REPORT NO. PD-89-93
lands are designated "special purpose Commercial" and
"Residential". In order for the subject site to develop as a
"Local Central Area" amendment to this secondary plan is also
required.
6 ZONING BY-LAW PROVISIONS
6 . 1 The property in question is presently zoned "special Purpose
Commercial Exception (C5-5)", "Urban Residential Type One (R1)" and
"Holding _ Urban Residential Type One ((H) R1) . In areas zoned
residential, commercialjretail uses are not permitted. within the
"Special purpose commercial Exception (C5-5) zone, retail sales and
or service establishment for furniture, major appliances,
recreational vehicles and motor vehicles are permitted uses.
6.2 Staff suggest zoning the subject lands "Holding General
Commercial [(H) Cl]" as this zone allows uses which would be
desirable in a Local Central Area. The existing uses may continue
until such time as a site plan agreement is registered, the
"Holding" symbol lifted, and construction proceeds.
7 PUBLIC MEETING AND SUBMISSION
7.1 pursuant to council's Resolution of July 26, 1982 and the
requirements of the Planning Act the appropriate signage
acknowledging the application was installed on the subject lands.
In addition, the appropriate notice was mailed to each landowner
within the prescribed distance.
7.2 A Public Meeting was held on January 8, 1990 discussing this
application. No one spoke in objection to this application, and
there has been no other forms of concerns or objections received
from any residents.
8 AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies.
The following departmentsjagencies III providing comments, offered
no objection to the application as filed: ....6
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REPORT NO. PD-89-93
PAGE 6
Town of Newcastle Fire Department
Durham Region Planning Department
Ministry of Natural Resources
ontario Hydro
8.2 The Town of Newcastle community Services Department noted that this
location has prominence within the Town and should receive tasteful
treatment through both architectural style and landscape design.
It was recommended that the structure be oriented to the street,
with parking in the rear. Several attempts were made requesting
the reorientation of the proposed structure however the applicant
has insisted that future tenants would not be agreeable to a street
front orientation. Staff were also informed as to the increased
cost of constructing a building possessing two store fronts opposed
to a building having only one store front. As a result, the
orientation of the structure has not changed and the parking area
still has prominence. Architectural style, landscaping and siting
of the structure are elements which are dealt with through site
plan. Staff suggest that when a new site plan application is
submitted these issues be re-addressed. Lastly, the
applicantjowner must provide a 2% cash-in-lieu parkland dedication
to be contributed to the parks reserve account to be collected upon
entering of the site plan agreement.
8.3 Town of Newcastle Public Works noted that the expenditure of funds
for the provlslon of a sidewalk and illumination along Highway No.
2 must be approved as these works have not been included within the
Town Development Charges By-law and Development Charges Policy
Report. Therefore, the applicant must bear the cost of
construction of this 90 m sidewalk and illumination. The applicant
must provide information with respect to grading, drainage and a
Stormwater Management Report. These requirements may be finalized
prior to site plan approval.
8.5 Durham Region worR:s Department notes that wdtel:: allcr-san-:i:-'ea-ry sewer
....7
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REPORT NO. PD-89-93
PAGE 7
services will be available to service the lands shortly. A
servicing agreement will have to be entered into with the Region
for extension of municipal services. This agreement must be
entered into prior to final site plan approval. The Region also
requires a road widening along courtice Road in addition to a 0.3
metre reserve. The widening is shown on the site plan and the 0.3
metre reserve can be described and transferred prior to site plan
approval.
8.6 The Central Lake ontario Conservation Authority is presently
satisfied that the site is not prone to flooding. However, they
note that the site grading may require minor revisions, ensuring
that overland flows are conveyed from the site in an acceptable
fashion. This requirement can be dealt with prior to site plan
approval. Lastly, the applicant must be granted written permission
from the Authority prior to any filling or grading taking place on
the lot.
8.7 The Ministry of Transportation finds the application acceptable.
However, they do require the "right-out throat width" to be 4.75
metres. Detailed drawings have yet to be submitted for their
review, and they advise that more specific comments with respect to
the entrance may be made upon the submission of these drawings.
9 STAFF COMMENTS
9.1 A Commercial Hierarchy study is being undertaken by Arthur Anderson
and Company as part of the Official Plan Review. The background
data and some of the preliminary findings are complete and relevant
to this development proposal.
i) Many of the uses currently permitted within the special
purpose commercial zone can be accommodated within other
commercial zones. However, some uses such as building
supply outlets, motor vehicle sales establishments and
retail superstores are mul::e 5uit~cial ....8
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REPORT NO. PD-89-93
PAGE 8
Purpose Commercial Zone, as these uses prefer large sites
with ample parking, high visibility, easy accessibility
to high traffic routes and limited competing uses nearby.
These siting requirements make location of these uses
along the urban areas of Highway #2 and within built up
areas inappropriate. The subject lands, which are
located in the Courtice Urban Area, are designated and
zoned Special Purpose Commercial. Amending the
designation and zoning .of the lands would be in keeping
with the above concepts.
ii) By the year 2011, it is expected that the population of
the Courtice Urban Area will be 28,000 people. It is
anticipated that this population base will be able to
support between 42,000 and 55,000 square metres (450,000
and 590,000 square feet) of gross leasable retail
floorspace. However, this is premised on the creation of
one or more "destination centres". A destination centre
provides a focus point or node where a wide array of
retail and personal service floorspace is available. The
Town should concentrate on developing a destination
centre at the Sub-Central Area located at Townline Road
and Highway #2. After which, focus should be directed to
the Courtice Main Central Area.
iii) In Courtice, approximately 19,509 square metres (210,000
square feet) of commercial floor space have received
planning approval. If all this floor space develops by
1996, the consultant estimates that the amount of retail
space in Court ice would slightly exceed that which is
supportable by the expected 1996 population. In light of
this, it is appropriate to offset development of these
lands until the population base of Courtice grows to a
level which could support this development.
. . . .9
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REPORT NO. PD-89-93
PAGE 9
iv) since courtice possesses an abundance of approved but
unbuilt commercial floor space, development of any
additional commercial lands shall be delayed until such
time as the Sub-Central Area and the Main Central Area
(in part) are built. Further approval of additional
commercial floor space will only reduce the available
market needed to support these commercial nodes and
therefore should be phased.
(v) It is expected by the year 2001 that the courtice
population will be 20,000. By this time it is
anticipated that the majority of the Sub Central Area
will be built and the Main Central Area will be able to
support almost 30% of its allocated floor space. The
consultants expect that a population base of 20,000 will
be enough to support these commercial developments in
addition to the 50% of the floor area proposed for the
subject lands without compromising growth of the Main
Central Area. By the time the courtice population
reaches 28,000, approximately by the year 2011, enough
consumer spending will be generated to support the
remaining retail office floorspace of this development
and that of the Main Central Area.
Therefore, Staff recommend that additional commercial development
such as this proposal for a Local Central Area be phased with
population growth. This will help to prevent dilution of retail
potential ensuring that the commercial focal points will develop
and become established.
9.2 Amendment No. 53 to the Town of Newcastle Official Plan (Attachment
#1) proposes to create a Local Central Area having a maximum floor
area of 3120 square metres (33,584.5 square feet) at the corner of
Highway No. 2 and Regional Road 34 (courtice Road). 771.5 square
metres of this flouL area shull be for officp. use. The remaining
. . . .10
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PAGE 10
REPORT NO. PD-89-93
9.3
9.4
10
10.1
2385 square metres may be used for retail and personal service
commercial uses. Development of this site shall be phased with a
maximum of 1580 square metres proceeding at such time as the
population of courtice exceeds 20,000. The second phase may go
forward when the Court ice population exceeds 28,000.
staff also recommend that the Court ice South Neighbourhood Plan
(Attachment # 2) be amended to "Local Central Area" permitting
commercial development.
staff suggest that the application for site plan approval be closed
as development of these lands will not occur until such time as the
Court ice population reaches 20,000. As it is difficult to predict
the timing of population growth and the trends in commercial
retailing, the site plan application as proposed may be
inappropriate. Therefore, staff suggest that when the Court ice
population approaches 20,000, an application for a site plan
agreement be made at that time and the existing site plan
application be closed.
CONCLUSION
staff are satisfied that the attached Official Plan Amendment and
Neighbourhood Plan Amendment can be approved. The Zoning By-law
Amendment will not be forwarded for council's approval until such
time as the Minister of Municipal Affairs has adopted this Official
Plan Amendment. Further, the "Holding" symbol shall not be removed
until such time as the applicant has entered into a site plan
agreement with the Town of Newcastle. The existing site Plan
Application should be closed and a new application applied for when
the Court ice urban population approaches 20,000 people.
510
REPORT NO. PD-89-93
PAGE 11
Respectfully submitted,
Recommended for presentation
to the Committee
/'\ '. . (J
(J ra~, y iV~~ ~V,.~_.
Franklin Wu, M.C.I.P.
Director of Planning
and Development
'/l.(i(
awrence E. Kot
Chief Administr
Officer
HB*FW*cc
*Attach
31 May 1993
Interested parties to be notified of council and Committee's decision:
R.H. Gay Holdings Limited
P.O. Box 2065
Oshawa, ontario
L1H 7V4
Gay Property management
P.O. Box 2065
Oshawa, ontario
L1H 7V4
) 1 1
PURPOSE:
LOCATION:
BASIS:
ACTUAL
AMENDMENT:
ATTACHMENT #1
AMENDMENT NO. 53 TO THE OFFICIAL PLAN OF THE
TOWN OF NEWCASTLE
The purpose of this Amendment is to designate the subject
lands as a "Local Central Area".
The lands subject to this Amendment are located in Part
of Lot 28, Concession 2, former Township of Darlington,
and more specifically described as a 1.24 hectare site on
the south east corner of Regional Road 34 (courtice Road)
and Highway #2 intersection.
This Amendment is based on Application 89-093jN which
seeks to designate the subject lands for mixed-use
compromising office, retail and personal service uses.
The Official Plan of the Town of Newcastle is hereby
amended as follows:
1. By adding to section 6.5.2. (ii) (b) the following:
b) south-east corner of Regional Road 34
(courtice Road) and Highway #2 shall have a
maximum of 3120 square metres (33,584.5 square
feet) retail and personal service commercial
of which a minimum of 771.5 square metres
shall be for office use. Development shall be
phased based upon the population growth of the
,courtice Urban Area. One half of the
designated floorspace may be constructed when
the Court ice population exceeds 20,000
persons. The total designated floorspace may
be constructed when the courtice population
exceeds 28,000 persons.
The zoning of the lands shall include a
"Holding (H)" symbol. The" (H)" symbol may
only be removed in accordance with the
population thresholds noted above.
2. By amending Schedule 6-1 (Land Use Structure Plan -
courtice) as indicated in Exhibit "A" to this
Amendment.
Exhibit "A" attached hereto shall form Part of this
Amendment.
1)12
EXHIBIT "A" TO AMENDMENT No. 53
TO THE OFFICIAL PLAN OF THE TOWN OF NEWCASTLE
LOT 30
LOT 29
LOT 28
CHANGE DESIGNATION FROM
" SPECIAL PURPOSE COMMERCIAL"
TO" LOCAL CENTRAL AREA"
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KEY
Urban Area Boundary
Residential Area
Community Central Area
Commercial Component Of
Community Central Area
Special Purpose
Commercial Node
Office Commercial
Local Central Area
Major Open Space System
With Hazard land
Hazard Land
--- -Community''Park---
Neighbourhood Park
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LOT 29
ATTACHMENT #2
LOT 28
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CHANGE DESIGNATION FROM
"SPECIAL PURPOSE COMMERCIAL"
AND" RESIDENTIAL II TO
II LOCAL CENTRAL AREA"
..----SeheEkt.e-~A~ta_AmeRament--#=_4_to-the COUR'fffiEsetf'ft+-----
NEIGHBOURHOOD DEVELOPMENT PLAN
J
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 93-
being a By-law to adopt Amendment Number 53 to the Official Plan of
the Town of Newcastle
WHEREAS section 17 (6) of the Planning Act, R.S.O. 1990, as
amended, authorizes the Town of Newcastle to pass by-laws for the
adoption of or repeal of Official Plan Amendments thereto.
WHEREAS the Council of the corporation of the Town of Newcastle
deems it advisable to amend the Official Plan of the Town of
Newcastle to permit the lands on the southeast side of the
intersection of Regional Road 34 (Courtice Road) and Highway #2, be
designated as a "Local Central Area" having a maximum of 3120
square metres of office, retail and personal service floor area.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. That Amendment Number 53 to the Official Plan of the Town of
Newcastle, being the attached Explanatory Text, is hereby
adopted.
2. That the Clerk of the Town of Newcastle is hereby authorized
and directed to make application to the Minister of Municipal
Affairs for approval of the aforementioned Amendment Number 53
to the Official Plan of the Town of Newcastle.
3. This By-law shall come into force and take effect on the date
of the passing hereof.
BY-LAW read a first time this
1993.
day of
BY-LAW read a second time this
1993.
day of
BY-LAW read a third time and finally passed this
1993.
day of
MAYOR
- 1 C,
J I .J
CLERK
THE CORPORATION OF THE TOWN OF NEWCASTLE
Memorandum
To:
Patti Barrie, A.M.C.T., Clerk
From:
Heather Brooks, Planner, Development Review Branch
Date:
31 May 1993
Subject: PURPOSE AND EFFECT: BY-LAW 93- f3
FILE: 89-093jN
The purpose and effect of By-law 93- t3 is to adopt amendment
# 53 to the Town of Newcastle Official Plan. This amendment
designates the subject lands "Local Central Area".
This designation would allow for mixed office commercial
development (maximum floor space 3120 m2. Development of this
site will be phased according to population growth within the
Courtice Urban Area.
Heather