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HomeMy WebLinkAboutPD-160-87 ~,% TOWN OF NEWCASTLE REPORT ~Tj(~; General Purpose and Administration Committee flq~; Monday, June 15, 1987 T ~; PD-160-87 FILE $~; 87-14/N, 2.2.1(4), and DEV 87-27 CT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 87-14/N NEIGHBOURHOOD DEVELOPMENT PLAN AMENDMENT APPLICATION - FILE: 2.2.1(4) REZONING APPLICATION - FILE: DEV 87-27 PART LOT 35, CONCESSION 2, DARLINGTON (COURTICE) APPLICANT: BIWAY STORES, PROVENZANO AND CHOLONIUK RECOt~9hlENDATIONS: It is respectfu'ily recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-160-87 be received; and ,~ ~a~ r 2. THAT Council give consideration to waiving the requirement for the preparation of a retail analysis for the proposed Local Central Area as given by Section 6.5.3(iii) of the Town of Newcastle Ufficial Plan in respect of the applications for Official Plan and Neighbourhood Development Plan amendments and rezoning submitted by Biway Stores, Provenzano and Choloniuk; and 3. THAT Council provide appropriate direction to Staff in respect of Rec anmendat-ion No. 2; and 4. Should Council choose to waive the requirement for the preparation of a retail analysis, that the Region of Durham be advised that the Town of Newcastle has no objection to the approval of Official Plan Amendment Application 87-14/N to designate a 'Commercial Node' in Part of Lot 35, Concession 2, Courtice Urban Area pursuant to Section 8.3.2.2 of the Durham Regional Official Plan; and 5. THAT the application to amend the Courtice West Neighbourhood Development Plan OP 2.2.1(4) and rezoning application DEV 87-27 be approved; and 6. THAT Amendment No. 4 to the Courtice West Neighbourhood Development Plan and By-law 84-63, attached hereto as Attachments No. 1 and 2 respectively, be forwarded to Council for approval a~t such time as the related Official Plan Amendment application has been approved by the Region of Durham; and ...2 C~~ REPORT NO.: PD-160-87 Page 2 7. THAT a copy of Council's decision be forwarded to the Region of Durham, the applicant and the interested parties indicated hereto. BACKGROUND: Un April 3, 1987, the Region of Durham advised the Town of an application submitted by Biway Stores, Mr. Otto Provenzano and Mr. Leo Choloniuk to amend the Town of Newcastle Official Plan by redesignating a 1.0 hectare site in Lot 35, Concession 2, Courtice Urban Area from "Special Purpose Commercial" to "Local Central Area". On April 9, 1987, the Town also received applications to amend the Courtice West Neighbourhood Development Plan and the Comprehensive Zoning By-law to redesignate and rezone the subject lands from "Special Purpose Commercial Node" and "C5" to "Local Central Area" and "C1" respectively. There are three (3) adjacent properties subject to the applications to designate a Local Central Area. The most westerly parcel, which has an area of 0.265 ha, is owned by Biway Stores, while the central parcel, with an area of 0.448 ha, is owned by Mr. Provenzano. The application proposes the construction of a 2300 square metre retail commercial building on these two (2) parcels. The most easterly parcel, which is owned by Mr. Choloniuk, has an area of 0.337 ha and is currently occupied by Valeo Fabrics. The existing building has an area of 92U square metres and the proposal involves the construction of a 472 square metre addition to the rear. The total area of all existing and proposed buildings is 3695 square metres. Staff note that Site Plan Applications have been submitted for the Choloniuk and Provenzano properties; a site plan application for the Biway property is expected shortly. In accordance with Departmental procedure, the subject applications were circulated to various agencies for comment. As well, the Region provided copies of comments received through their circulation of the Official Plan Amendment application. The following is a summary of comments received to date: ...3 ~~a~ REPORT NU.: PD-16U-87 Page 3 Town of Newcastle Fire Department "This Department has no objection to the above-headed application. Building construction is to be in accordance with the Ontario Building and Fire Codes. Access routes and exit routes shall be signed to indicate "Fire Access Route No Parking". Emergency fire response is from Station #4, five mile limit to a fire station. Water is through the Regional hydrant system." Region of Durham Works Department which is within the recognized supplied for firefighting "Municipal water supply and sanitary sewer services are available to the site through the abutting, newly constructed sanitary sewer and watermain on Highway No. 2 (King Street). According to our records, 3 sets of 6" ~ sanitary sewer laterals and 6" ~ water services, for commercial purposes, were installed to the King Street frontage of the subject site. Said service connections would appear to be adequate for the proposed commercial uses. In addition, our detailed servicing and related financial requirements will be covered through the subsequent process of site servici ng plan approval . Based on the foregoing, we have no objection to further processing of this amendment application to permit a future commercial development as shown on the submitted site plan." Ministry of Transportation and Communications "Although this Ministry has no objection to the proposed amendment we will require that all access be restricted to the existing entrance. This Ministry will require all new development to be setback as far as the existing bui 1 di ng or greater. Permits are required for all bui 1 di ngs, signs and illumination prior to any construction being undertaken." The following agencies indication no objection: - Town of Newcastle Building Department - Town of Newcastle Public Works Department - City of Oshawa ...4 REPORT NO.:' PD-160-87 Page 4 j-~~" COMMENT: Staff note that no objections to the proposed designation of the Local Central Area were identified through the circulation of the applications for Official Plan, Neighbourhood Development Plan and zoning by-law amendments. As indicated earlier, site plan applications for the most westerly and easterly lots have been submitted and, as of the writing of this report, are close to being finalized. Any specific concerns related to the development of the subject lands, for example lot grading and drainage, can be addressed through the Site Plan Approval process. In fact, building permits can and will be issued based upon existing zoning. However, prior to establishment of certain uses, the Official Plan Amendment must be approved. The Town of Newcastle Official Plan (Section 6.5.3iii) states that Council may require that a market analysis be conducted to justify a proposed commercial development and to evaluate the potential impact upon existing and future development. The Regional Official Plan (Section 8.2.3.4) further specifies that the retail analysis must be done and is intended to demonstrate the need and to ensure a proposed Local Central Area does not unduly affect the viability of any other Central Areas. However, Section 8.3.2.2 of the Durham Plan further provides that "without the necessity of an amendment", to that Plan, "an existing commercial strip... may be allowed to consolidate into a Node". The subject lands are located within a designated "Special Purpose Commercial Node". The Town may, therefore, consider this amendment as a consolidation of an existing Commercial Node pursuant to Section 8.3.2.2. In doing so it is Staff's interpretation that a market analysis pursuant to Section 8.2.3.4 would not be required. Staff note that the applicants have not submitted a retail analysis for the proposed Local Central Area as required by the Official Plan. Commercial floorspace allocations in Courtice was based upon information provided by the I.B.I. Consulting Group which indicated a per capita requirement of 0.93 square metres. Seventy percent of the commercial floor space was allocated to the Community Central Area, with the remainder, being equivalent to 0.28 square metres, being allocated to specific neighbourhoods and/or along Highway 2. Through the review of the application submitted by Courtice Heights Developments for a Local Central Area in the Courtice North Neighbourhood, Staff obtained information from the Regional Planning Department which indicates that, since the mid-1970's when the commercial floor space ...5 REPORT NO.: PU-160-87 Page 5 ~ C~J allocations for Courtice were generated by I.B.I., the per capita requirement for commercial floor space has increased by approximately 50%. This increase is apparently due to changes in consumer demand and in the structure of retailing. These revised figures suggest that the figures originally used to estimate commercial allocations were too low. The revised figures indicate that the Courtice West Neighbourhood could support approximately 2514 square metres of retail commercial floor space. The subject proposal involves the construction of 2775 square metres of new commercial floor space, which would represent approximately a lOq oversupply of commercial floor space based on the market demand figures available to Staff. It would therefore appear that the need for the preparation of a retail analysis is marginal. Staff have discussed this issue with Regional Planning Staff who have indicated that, if the local municipality is satisfied an analysis is not required, the Region may consider waiving same. Staff have reviewed the subject proposal and are satisfied that the proposed Commercial Area is optimally located in terms of providing general commercial uses to residents of the Courtice West Neighbourhood. Staff reference the site's central location within the Neighbourhood and note that there are no General Commercial uses designated along Highway 2 between Townline Road and Trulls Road. With the exception of Kingsway Village Mall on the northwest corner of Townline Road and Highway 2 in Oshawa, the proposed Local Central Area would not compete with any other designated or existing Central Area inasmuch as there are none existing or designated in the immediate area. The subject lands are located approximately 1.9 km from the designated Community Central Area at Trulls Road and Highway 2. Therefore, the impact on that site could be expected to be negligible. As well, the Neighbourhood Commercial site designated at Centrefield Drive and Highway 2 which is located approximately 0.5 km from the subject lands, would fulfill a different function within the community inasmuch as its uses are generally restricted to convenience commercial and personal service uses. bJith respect to the Kingsway Village Mall in Oshawa, Staff note that it does provide general commercial opportunities for the residents of western Courtice. However, the City of Oshawa has indicated no objection to the subject application. ...6 ~~ol~ REPORT~NU.: PD-160-87 Page 6 Staff also reference the existing general commercial uses on the Choloniuk property (Valeo's Fabrics) and on the property directly to the west of the subject lands. These 2 sites together have an existing general commercial floor area of 2323 square metres. The subject proposal for the construction of the new commercial buildings on the intervening vacant lands represents an opportunity to provide a commercial focus for the Courtice West Neighbourhood. Staff note that the site to the west is currently zoned "C5" and is not subject of the applications to establish a Local Central Area. However, the Town may rezone the lands to recognize the existing general commercial uses on site. The total area of all existing and proposed buildings on the subject lands and the lands to the west is 5100 square metres. A Local central Area is permitted to have a maximum of 5575 square metres of gross retail and personal service floor space. Therefore, a further 475 square metres of retail commercial floor space could be built on adjacent properties under the Commercial Node designation, subject to the rezoning of the property to "C1" and Site Plan Approval. Staff reference Council's previous decisions to allow the development of the Courtice Heights Local Central Area in the Courtice North Neighbourhood, and the expansion of the Roth Construction and the Linchris Homes Convenience Commercial sites on Centrefield Drive and Townline Road respectively. Given these previous decisions, the marginal need for a retail analysis as demonstrated by market demand figures and the optimal location of the subject lands, Council may wish to consider allowing the subject proposal to proceed without the preparation of a retail analysis. Staff respectfully requests Council direction in this regard. Should Council choose to waive the requirement for the preparation of a retail analysis, it is respectfully recommended that the Region of Durham be advised that the Town of Newcastle has no objection to the approval of Official Plan Amendment Application 87-14/N. It is further recommended that ...7 -~~d> REPORT NO.: PD-160-87 Page 7 Application to amend the Courtice West Neighbourhood Development Plan OP 2.2.1(4) and Rezoning Application DEV 87-27 be approved, and Amendment No. 4 to the Courtice West Neighbourhood Development and the rezoning by-law attached hereto as Attachments Nos. 1 and 2 respectively be forwarded to Council for approval at such time as the related Official Plan Amendment application has been approved by the Region of Durham. JAS*TTE*jip *Attach. June 3, 1987 CC: Mr. D.G. Biddle & Associates 96 King Street East USHAWA, Ontario L1H 1B6 Mr. A. Fish, President c/o Biway Stores Limited Head Office 115 Commander Blvd SCARBOROUGH, Ontario M1S 3M7 Mr. Otto Provenzano 309 Kendalwood Road WHITBY, Ontario L1N 2G2 Mr. Leo Choloniuk c/o Valeo Fabrics Ltd. 1415 King Street East OSHAWA, Ontario L1K 1A4 Recommended for presentation to the Committee L rence otse `Chief A 'nistrative Officer Tca> ATTACHMENT N0. 1 TO REPORT NO.: PD-16U-87 AMENDMENT N0. 4 TO THE CUURTICE WEST NEIGHBOURHOOD DEVELOPMENT PLAN PURPOSE: The purpose of this Amendment is to designate a "Commercial Node" on the south side of Highway No. 2 in Part Lot 35, Concession 2, former Townslhip of Darlington BASIS: The subject Amendment is based upon an application to develop a "Commercial Node" in Part of Lot 35, Concession 2, former Townshi p of Darlington and a need to provide general commerci al services to the residents of Courtice West. ACTUAL AMENDMENT: The Courtice West Neighbourhood Development Plan is ereby amended as follows: 1. By inserting the phrase "a Commercial Node" east of Townline Road on the south side of Highway 2" after "Trulls Road" in the second line of Section 2.5.1; 2. by adding a "Commercial Node" symbol to Schedule 1, Land Use Structure Plan, as indicated by Schedule "X" in this Amendment. 3. by adding a "Commercial Node (CN)" symbol to the legend of Schedule 1. Schedule "X" attached hereto shall form part of this Amendment. IMPLEMENTATION: The provisions set forth in the Courtice West Neighbourhood Development Plan, with respect to implementation shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Courtice West e~ghbourhood Development Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. i ,~~ ;This is Schedule "X" to Amendment ~~4 .to the COURTICE ~ WEST NEIBOURHOOD DEVELOPMENT PLAN . NASH~~~ ~~~ ~nnumnntnn.runnnm~nuuannnnn~~ n ., . .,,. i'y'• i~:~ : . 'w' I ;~: .1,`~'• •:?` ~o' ~z i ~` 0 a I w O .;, .Q ~;~~ :~ i... . . mrrrr ^ :;: ;•^,: ~~ ::•a • •,•. • •• I ::::tii:: ~ J . W iiiiiii• :iii ~ 0.7 h0 ~. ~:~'• O ii~:ii:i iiiiii a ©~ ' ~ NIGN •••~~ ~ wAY • • .. •; •, c ' !fir::: o ~: i~ . ;; :;7~'} W~ i~' .~ b• Z~ R {, , ,.t • w Y - ,• •.u a ~. J~ %• ~. •'.f:5 .~ .^ o •;:;;:,•;;;;;;;;;;;;;;;;;;; , Z: (:,. ~. n: , >• .~ , :: y. ~ •: } (~'n '~J~: „, 3~ .~ ,~ .. a :; m .; ~ !• •,., ~~~• r ~~ ) •n .C f- •n ~Vv ~n~ •t• i.a+ r r.,;' i' ~^ ~• }, d /.• "'i? • ~. • Q ~r.,,. ••`. .~ : Z • ~~ .,Nw A/~ fR t V ~Y r~ ~~. •h F~ • ~. ~;Ni n~ :,, r ,~•' •r •.~ .;1.:. •~;• ,~.: r~ h, . •~: ~. . " c^a r ..M •~s••' o ( e" s,•. ~ii• E I Q .~ 'Z t. ci~• ~! .r^f, ~~~ ..~ 1 ••1 •' ti •r :~ .,•, , .r a ,. ''~ M.~ . ~J ri ~•. M fi :~ .,.,, n .~ '~ '3 . ~. ^iq . ., .,'~ ,& ~. ;; Q ;; c ~ d ,.~ n . ;''• F '~~ •~ : Q • J-`+ :~:• ip .r 1 ~' ~•v~ I .~ il.. .~ ~~ J+ .~ • 7~ • t: ..J • ~' . yi' ... ~.. ..~ t yt D 110 ,Y• .. ~ J':'.'• 7 Yy 1 ...... •. ~ •.s CN COMMERCIAL NODE SUBJECT 'SITE LOT 35 LOT 3 4 LOT 33 R1 R1 NASH ROAD o ~ J (H)R1 ow & R1 ~ _ ~ v C5 Z ~ a . ~ C5-3 R2 ~ ` Rti•a N C5 C5 ~ HWY N 2 --- c5 R1 hoRi Rt ~ (H)R1 Z R1 °a ! p o.' EP 1 ~ o°. N R 1 R"~ ~, I (H)R1 z w H1R( u~~ Q z R1 J ~ Z o EP : Ri H1R1 l~ ,. I, 0 60100 200 300m 60m ~~> THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. 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. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the, Town of Newcastle enacts as follows: 1, Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Special Purpose Commercial (C5)" to "General Commercial (C1)" as shown on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1987 BY-LAW read a second time this day of 1987 BY-LAW read a third time and finally passed this day of 1987. ,f `~: This is Schedule "X" to By-law 87- , passed #his ~ day of ,1987 A.D. N6z~a6', ,NIGywA • o ~` ~2~9g~° F Y N ~ 62~52~00 u E _ o ~ }~i r!. 6g 108 1 vo. "~' ~ ojc i ,~, r._,..~..~o;. _ I V 8 I a . ~wa~ • - 1... ,~ ~ y ~ ~ '~a~ ~ ~ ~ ~ - ' ~~. ZONING CHANGE --- FROM C5 TO C1 v $~ gg{{0 ~ ~ i ~ ~~ ' ' ~~.~ 3 ¢, _ ~ -y ~. O ~~ ...0'v - ____ .... ... _ .__ F- M 1d,.f~_. e r - + ~ o~ ~ ' ~ O ~AV ~ 4 7n y„~~~ ~., ® , 0 88.653 ~ ~ ~ MeyOf N82 4800"~~ Z Clark N Z O_ N N W V Z O V 0 60100 200 300m .000RTICE_ 60~~ ,0, SUBJECT 'SITE LOT 35 LOT 34 LOT 33