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HomeMy WebLinkAboutPD-73-88 DN: 73-88 TOWN OF NEWCASTLE �tIN' REPORT File # iz Res. # -_-- _ �. By-Law # PEETING: General Purpose and Administration Committee DATE: Monday, March 21, 1988 REPORT #: PD-73-88 FILE #: DEV 88-11 SUEJECT: REZONING APPLICATION - WEST BOWMANVILLE DEVELOPMENTS LTD. PART LOTS 15/16, CONCESSION 1, DARLINGTON OUR FILE: DEV 88-11 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-73-88 be received; and 2. THAT the application submitted by West Bowmanville Developments Limited to rezone a parcel of land located within Part of Lots 15 and 16, Concession 1, former Township of Darlington to permit the development of a shopping centre as defined within By-law 84-63, be approved and that the by-law attached hereto be forwarded to Council for approval; and 3. THAT the applicant be so advised. BACKGROUND AND COMMENTS: On January 27, 1988, the Town of Newcastle Planning Department received an application for rezoning, submitted by West Bowmanville Development Limited to rezone a parcel of land in Part of Lots 15 and 16, Concession 1, former Township of Darlington. The amendment would permit the development of a shopping centre, as defined within By-law 84-63, being the Town of Newcastle's Comprehensive Zoning .. .2 ^� REPORT 00. : PD-73-88 PAGE 2 _______________________________________________________________________________ By-law. Staff vm^zld note for the Committee's information that within Cnuiug By-law 84-63' Section 2 entitled "Definitions", states that n "shopping centre" obaII mean a group of commercial establishments which have been designed, developed and managed as a unit by a single owner or tenant, or o group of mvoera or tenants, as distinguished from a business area comprising unrelated individual uses. Within the "General Commercial (Cl) " zone, a shopping centre containing any of the ooeo listed in Section I6.Ib. in the (Cl) zone is permitted. The subject site is designated "Reaideotiml»' in the Durham Regional Official / Plan and "Low Density Residential" in the Town of Newcastle Official Plan. The Town of Newcastle Official Plan also indicates a nLuoaI Central Area" in the vicinity of the subject property. The Regional Plan permits "Local Central Areas" within the "Residential" designation in accordance with the provisions of Section 8.2. Staff would note for the Conxnittee'a information that pursuant to Council's resolution of July 26' 1982 and the requirements of the Planning Act, the appropriate oigoagewoo installed on the subject lands. In a000zduuoe with departmental procedures, the application was circulated to ( obtain comments from other departments/agencies. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Central Lake Ontario Conservation Authority - Region of Durham Works Department - ministry of Agriculture and Food - Newcastle Hydro Electric Commission The Ministry of Transportation, in reviewing the proposal as submitted, have verbally, requested that the proposal be revised to accommodate for the location of the collector road to the east of the commercial block. Furthermore, it was confirmed that access from the site onto Highway 0o. 2 would be addressed at such time that a site plan proposal and [eveIoIwxsot Agreement are considered for approval. ~~ REPORT 00° : PD-73-88 PAGE 3 ----------------------___------------------------------------------------- ___ Staff vm»uId note that the proposed limits of the commercial block, as submitted, has been revised in consideration of the Ministry's comments by deleting a portion of the site along the east boundary to accommodate the collector road from Highway 0o. 2. In discussing the proposal with Ministry Staff, it became apparent that the request for the revision was to accommodate what was considered the most appropriate location for anoeoo to the overall holdings. The Department of Health, in responding, indicated that the above application for rezoning had been investigated and insofar as health matters are concerned, approval was not recommended. & development of this nature should not be ' developed unless serviced by municipal water and sewers. In ceaBouae to Staff's notice of the proposed by-law amendment, the Regional Planning Department offered the following comments: "The subject property is designated "Residential" in the Durham Regional official Plan and "Low Density Residential" in the Town of Newcastle Official Plan. The Town of Newcastle Official Plan also indicates a "Local Central Azem" in the vicinity of the subject property. The Regional Plan permits "Local Central &zeos« within the "Residential" designation in accordance with the provisions of Section 8.2. However, Section 8.2.3.2 states: "Central Areas shall be fully serviced by municipal water and sewage oyatenno � and that this abaII be a necessary condition before development in Central Areas is permitted." Accordingly, this proposal for a shopping centre to be developed on private servicing, would appear not to conform to the Regional Official Plan." In respect of the above comments from the Regional Health Unit and the Regional Planning Department, Staff would advise that the proposal is to develop on full municipal services. To that end, Staff would acknowledge that a letter from the Regional Works Department has been received which confirms that Regional Staff have reviewed a concept plan to service the West Bmwnauville Development property and have offered no objections to the proposal. Staff have discussed with Regional Planning Staff the above-noted comments and been advised verbally that the proposal would appear to comply with the provisions of the Regional official Plan. ' 061) REPORT 00. : PD-73-88 PAGE 4 _______________________________________________________________________________ As confirmed by Regional Staff, the proposed rezoning application is located in the "Residential" designation in the Durham Regional Official Plan and '`Low Density Residential" in the Town of Newcastle Official Plan. Secondly, within the Town Official Plan a "Local Central Area" is indicated in the vicinity of the subject property. Section 2.I.3(1)a) states that the BovanauviIle Major Urban Area has been divided into three (3) communities. Furthermore, Local Central Areas are to be planned and developed similar in kind but generally smaller in scale than the Maio Central Areas and shall serve as focal points of activity for residential o*nxnouitieo servicing the day to day needs of the residents of the surrounding residential areas. / ` Section 2.5.2(i1)d) states that as a general guideline, the maximum gross retail and gecomoal service floor space shall be 5500 square metres. The applicant has indicated their intentions to develop a proposal in compliance with the applicable Dcuvioiuua of the Region and Town's Official Plan. Section 2.1.2(iii)b) within the Town's Official Plan states that, in determining whether the preparation of a Neighbourhood Development Plan should be considered within a given neighbourhood, Council shall consider, among other things, the pattern of land ownership; the density of development proposed; environmental sensitivity; the land use and transportation patterns in ( uoccnoudiug neighbourhoods; and the availability and adequacy of existing ` services. In consideration of the above items, it is Staff's opinion that the preparation of a Neighbourhood Development Plan is not warranted. Staff would note for Committee's information that Subsection 2.5.3(iii) within the Implementation provisions pertaining to Central Areas within the Town's Official Plan states that, Council may require that a retail analysis be carried nut, at the expense of the applicant, to justify the need for and identify the effects of such proposed development oDou the viability of any existing Central Area. It is Staff's opinion that, in consideration of the proposal proceeding in compliance with the applicable provisions of the two (2) Official Plans, a Market Analysis is not required. The regulating of business competition through zoning controls obnold not be considered Ouleoo such competition will seriously undermine planning objectives relative to louatimnaI and laud use criteria. .� REPORT 0O. : PD-73-88 PAGE 5 _______________________________________________________________________________ In consideration of the above comments, Staff would have no objections to the approval of the attached by-law rezoning the subject lands to "Holding - General Commercial ( (H)Cl)". The use of the Holding (B) symbol would ensure that, prior to its removal by Council, the owner has satisfied the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services and secondly, that the development of said lands has proceeded satisfactorily through the site plan approval process. Respectfully submitted, Recommended for presentation to the Committee ( --t�^-- --�-�-��----------- -C�—'---- ----------------- L.D. Teyl6� � �a�ceuoe / Kotaeff Deputy Director of Planning �bie� AdmiWiotrative officer LDT* 'ig *Attach. March 14, 1988 APPLICANT: Mr. WM. Daniell c/o West 8owmanviIle Development Ltd. 70 Beacham Crescent SCARBOROUGH, Ontario y8IT lNI ( BWKAANVIL:L �+ LEGEND awn URBAN AREA BOUNDARY N i LOW DENSITY y• RESIDENTIAL AREAS N N '© MEDIUM DENSITY 2D RESIDENTIAL AREAS 00 2B O HIGH DENSITY RESIDENTIAL AREAS MAIN CENTRAL AREA LC H u..,i N M R. ®COMMERCIAL POSE INDUSTRIAL z i C �.� ,'� iASb•� MAJOR OPEN SPACE N11 , a•.,$s Qo �" •' ; MINOR OPEN SPACE 2A --- _ HAZARD LANDS 0 _ N N.. NEIGHBOURHOOO BOUNDARY _ LC LOCAL CENTRAL AREA © COMMUNITY PARK HWY 2 4QW i lb0 .H !� N ,' O NEIGHBOURHOOD PARK r H, UTILITY r INSTITUTIONAL Pill 3A ° •`` 3000 © JUNIOR ELEMENTARY SCHOOLS r N•M HWY Nt 2 �� © PUBLIC '- �� � N d I 'o '• ':;;s ® SEPARATE � �..- � ,;:LC tc`� Sara• PRIVATE SENIOR ELEMENTARY SCHOOL N' q� O PUBLIC ` •v 4 N , SECONDARY SCHOOLS [�y °z c'•���" PUBLIC q PRIVATE t Y Ns 401 —� TRANSPORTATION NETWORK FIYr (Rood :1—k Is ganarolit. – aaa schadola 3 for delolls i. � sI __ •NR, P t LAKE ONTARIO TOWN OF NEWCASTLE ourntu�r a xnraiNC ar�o mc:oaucN* BOW MANVILLE LAND USE STRUCTURE PLAN SCHEDULE 1 ��JUNE 26.1981 "�P e N ••JUNE I6 1983 • 1-A-3.A C SUBJECT SITE LOT 16 LOT 15 LOT 14 RE ,- 1 EP TE A-13 I yiG y -- -.-� WAY i _' ' HN1t i A o� f i i 0 cr- lz (HR1 � ~ sw of z o 1 0 (H)R2 a I (n W °- (H)R4 a [.0 z 1 0 R1 R 1 A � AIYH I Ri t < IR-3 O 50 M 200 30o m , KE.Y ' MAffP'h sO,Y, r rwith,u 8 ev , DN: A/HC1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- 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 "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Holding - General Commercial ((H)Cl)" Zone 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 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK This is Schedule X to By-law 88--, passed this day of , 1988 A.D. LOT 16 --f--< LOT 15 HIGHWAY NS 2 194m± ) I E L0 N M N az ct p 3 Q 121m! J (f) 0 d V1 z W U w o cD z O U P GP ® ZONING CHANGE FROM IAI T01(H)CI ®OTHER LANDS OWNED BY APPLICANT 0 25 50 100 150 250M Mayor 50 3010 Clerk LOT 16 LOT 15 LOT 14 A-13 ► N(Gry�ygY I No 2 o � Q Z SUBJECT SITE (H)R i W of z uj oy ct 0 z! (H)R2 w °- (H)R4 3 W z O i R1 � i A 0 50 100 200 300 m BOWMANVILLE mo 60m 0