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HomeMy WebLinkAbout75-143REPORT NO. 141 REZONING APPLICATION FOR SOUTHEAST BUILDING CORPORATION: -BACKGROUND: On December 3, 1974, an application was submitted for the rezoning of Block E of Plan 702, to permit the construction of two apartment buildings on the northeast corner of Quinn Drive and Waverly Road in Bowmanville. These two buildings were to be eight storeys high and would have contained a total of 120 apartments. The ground floor of one of these was to contain 7500 square feet of convenience commercial floor space. Staff recommended that the pro- posal be approved in principle, subject to redesign to conform with several stated design criteria which would have height and density. A delegation of local residents appeared at the Planning Advisory Committee meeting to voice their opposition to a high density res- idential development on the site. Because of this opposition, the matter was tabled. A new plan was submitted on April 39 1975, for a lower den- sity residential -commercial development. The applicant proposed to build a 2 storey commercial building with convenience commercial outlets and offices and a 20 unit townhouse development. A deleg- ation of local residents appeared at this meeting of the Planning Advisory Committee to object to the townhouse development. Mr. Hetherington of the Planning Advisory Committee objected to the pro- posed commercial outlets, which were larger than envisioned in the Waverly Road Study. As a result of these objections, the applica- tion was refused. 2 2. PURPOSE OF APPLICATION: On June 11, 1975, another new application was submitted. This application requested the rezoning of Block E9 Plan 702, to permit the construction of 1 convenience commercial outlet of not more than 3500 square feet and 14 other stores of not more than 2200 square feet. 3. OFFICIAL PLAN PROVISIONS: The Interim District Plan designates the site Urban Residential, This designation permits "a limited amount of local commercial uses serving the day-to-day needs of the immediate neighbourhood." The uses proposed for this commercial development appear to conform to these provisions. 4. PRESENT ZONING PROVISIONS: (1) The Bowmanville Zoning By-law designates the site Local Commercial, permitting convenience stores not exceeding 1500 square feet in area. The applicant would require a special provision permitting stores of up to 3500 square feet. (2) The proposed Town of Newcastle Zoning By-law suggests a Local Commercial zoning for the subject site. This zoning permits neighbourhood commercial outlets of not more than 1500 square feet in area. The applicant would require a special provision to permit larger stores. 5. CIRCULATION OF APPLICATION: The previous application which was refused was circulated to the following agencies for comments: (1) Durham Regional Police (2) Northumberberland and Newcastle Board of Education G 5. CIRCULATION OF APPLICATION - 3 - (continued)..... (3) Peterborough -Victoria -Northumberland and Newcastle Separate School Board (4) Durham Works Department (5) Bell Canada (6) Bowmanville Public Utilities Commission (7) Newcastle Vorks Department (8) Newcastle Building Department (g) Newcastle Fire Department The following agencies did not reply and were assumed to have no comments. (1) Bell Canada The comments received from the other agencies have been sum- marized as they apply to the commercial component which is the subject of this application. (1) THE DURHAM REGIONAL POLICE - advised that they have no adverse comments to make on this proposal. (2) THE NORTHUMBERLAND AND NEWCASTLE BOARD OF EDUCATION - did not object to the commercial development on the site. (3) ections to the proposal. t they had no (4) THE DURHAM WORRS DEPARTMENT - advised that there is suffi- cient water and sewage capacity to accommodate this develop- ment. (5) they had no object proposal. - advised that - 4 - (6) THE NEWCASTLE WORKS DEPARTMENT - advised that they had no objections to the proposal. (7) THE NEWCASTLE BUILDING DEPARTMENT - advised that they had no comment on the rezoning as required.. (8) THE NEWCASTLE FIRE DEPARTMENT - advised that they had no objections to the proposal provided that it meets the foll- owing requirements. (a) Fire safe building design as it pertains to fire safety (b) Fire access routes to and from all buildings (c) Adequate water supply for fire service (d) Water mains to be looped (no dead end mains) (e) Hydrants to be spaced 300 to 400 feet from buildings to be protected. 6. COMMENT: This proposal conforms to all of the provisions of the Zoning By-law except the gross floor area restriction. The stores proposed for this development are neighbourhood convenience stores. Many of these types of retail outlets nowadays require more than 1500 square feet of floor space to be economically viable. These retailers would have the option of renting several adj- oining stores and subdividing their business operation or of loca- ting elsewhere. The first solution would be an awkward way of circumventing the zone provisions. If the developer were unable to find tenants for 1500 square feet stores, there would be a high vacancy rate and a continuing lack of neighbourhood commercial service to nearby residential areas. The purpose of restricting store size was to prevent the dev- elopment from becoming of such a scale that it would attract signi- 1 6 7. - 5 - COIMNT-. (continued)..... ficant external traffic from outside the neighbourhood or would compete with the downtown core. To become more than a neighbourhood plaza, the development would have to contain at least one chain food store. The very minimum size at which such a store could operate would be 10,000 square feet, so the floor areas proposed in this application are well within the "neighbourhood commercial" size of store. We note that the proposed building and associated parking will still only occupy less than 1/2 of the land presently zoned commer- cial, and we consider that it is not logical to leave such serviced land in the centre of the neighbourhood merely as vacant indefinitely. There does not appear to be any demand for the use of this land as it is presently zoned. RECOI\IDNDAT IONS a In conclusion, it is recommended that Special Provision patt- erned on the attached provisions enacted permitting one variety store on this site to have a floor area of up to 3500 square feet and other outlets to have a floor area of up to 2200 square feet each. It is also recommended that the applicant's proposal be approved in principle, provided that the applicant enters into a site devel- opment agreement with the Town of Newcastle. 6 ZONE PROVISIONS: MODIFIED LOCAL COMMERCIAL ZONE 1, Minimum Lot Area 10,000 square feet 2. Minimum Lot Frontage 75 feet 3. Minimum Front Yard Depth 45 feet 4. Minimum Exterior Side Yard Width 45 feet 5. Minimum Interior Side Yard Width 25 feet 6. Minimum Rear Yard Depth 35 feet 7. Maximum Gross Floor Area per unit: -variety store it only) 3500 square feet -other stores 2200 square feet 8. Maximum Height of Buildings 2 storeys 9. Loading Space Requirements: Number - 3 spaces Location - at least 60 feet from Street Line Access - driveway of at least 12 feet 10. Parking Requirements; Number - 1 space for each 200 square feet of commercial floor space Access - driveway of 10 to 30 feet in width 11. Driveways: Location - at least 50 feet from intersection 4 feet from side lot line Maximum Number 4 - 7 - ZONE PROVISIONS: (continued)..... 12. A Planting Strip is required. Respectfully submitted, George F. Howden, Planning Director. Minimum Width 10 feet 13. Maximum Setback 78 feet 14. Minimum Separation from Residential Zones 15 feet 15. Vegetation in Sight Triangle 32 feet not to exceed Respectfully submitted, George F. Howden, Planning Director.