HomeMy WebLinkAboutPD-164-89101 IN
TOWN OF NEWCASTLE
[.7117;
MEETING: General Purpose and Administration Committee
DATE: Monday, July 3, 1989
REPORT #: PD- 164 -89 FILE #: DEV 88 -58 and OPA 88 -59/N
SUBJECT: REZONING APPLICATION AND OFFICIAL PLAN AMENDMENT
APPLICANT: ASHDALE HOLDINGS LIMITED
PART LOT 9, CONCESSION 21 TOWN OF BOWMANVILLE
FILES: DEV 88 -58 AND OPA 88 -59/N
RECOMMENDATIONS:
File # La. 3—! "`,4 -S,; ),
Res. # 6o - 3t . ']
By -Law # ® /,�;Il,z
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It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 164 -89 be received;
2. THAT the application to amend the Town of Newcastle Official Plan and the Town
of Newcastle Comprehensive Zoning By -law 84 -63, to permit a 2510 sq.m. (27,000
sq.ft.) Local Central Area within Part Lot 9, Concession 2, Town of Bowmanville
be APPROVED;
3. THAT the amending by -law attached hereto be forwarded to Council for approval
and that the "Holding (H)" symbol be removed at such time the applicant enters
into a Site Plan Agreement with the Town and dedicates the lands necessary for
the alignment of Mearns Avenue; and
4. THAT the Region of Durham and the list of names attached hereto be so advised.
1. BACKGROUND
1.1 On September 18, 1988, Committee considered Staff Report PD- 185 -88 in
consideration of applications to amend the Town of Newcastle Official Plan
and the Town of Newcastle Zoning By -law. The applications were submitted by
JUC.
REPORT NO.: PD- 164 -89 PAGE 2
Kevin Tunney of Tunney Planning on behalf of R. Langerberger and Fedar
Investments Ltd. On February 24, 1989, the Town noted that the subject
property was sold, and is now in the name of Ashdale Holdings Limited.
1.2 The Official Plan Amendment would seek to amend the current "Low
Density Residential" designation to a "Local Central Area" designation
to permit the development of 2510 square metres (27,000 sq. ft.) of
retail /commercial floor space at the north west corner of Mearns
Avenue and Concession Street in the former Town of Bowmanville.
1.3 The Zoning By -law Amendment would seek to amend the current
"Agricultural (A)" zoning to permit the above noted development.
1.4 Staff recommended that the report be referred back to Staff for a
subsequent report pending receipt of a Retail Market Analysis, a
Site Servicing Report and all outstanding agency comments. This
recommendation was endorsed by Committee and Council.
2. PUBLIC MEETING
2.1 Pursuant to the requirements of The Planning Act, a Public Meeting
was held on September 19, 1988.
2.2 Mrs. Elsie Elston appeared before the Committee on behalf of neighbours
in the area. Mrs. Elston questioned the need for a convenience plaza
in this area as there are already convenience stores with 1/2 mile of
the subject property. Mrs. Elston also commented on the congestion
of traffic that will be generated if the development proceeds.
2.3 Mr. Bruce Gallipeau questioned whether the roads have been fully
studied to ascertain whether they will be able to handle the volume
of traffic that will be generated. Also, Mr. Gallipeau asked what
...3
REPORT NO.: PD-164-89 PAGE 3
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types of services will be allowed because there are convenience stores
already located within easy access of the subject property.
2.4 Mr. Tom Khim indicated that he is the owner of a small grocery store
in the area and he is concerned with the impact the proposed development
may have on him financially.
2.5 Miss Seto stated that homeowners in the area already have easy access to
convenience stores already in operation. She questioned whether the
parking facilities at the proposed plaza would be adequate. Also,
Miss Seto is of the opinion that home buyers will be attracted by the
rural setting of this area and a development of this type will be a
deterrent for these purchasers.
3. CIRCULATION COMMENTS
3.1 As stated in PD-185-88, there were a number of comments outstanding
from outside agencies. The agencies have now provided comments. The
following agencies have offered no objection to the proposal:
Town of Newcastle Fire Department
Town of Newcastle Community Services Department
Separate School Board
Ministry of the Environment
Newcastle Hydro
3.2 The Central Lake Ontario Conservation Authority offered no objection
to the proposal however, the subject property is included in the study
area of the Soper Creek Tributary Master Drainage Plan, therefore
written approval must be obtained prior to any grading, filling or
construction on site.
...4
Concession Street. Sanitary sewer services are not immediately available
to the frontage of the site, but will be extended to Concession Street
in conjunction with the Penwest Subdivision to the south.
(Penwest 18T-76011) Conceivably, the availability of sanitary sewer
services to this site is contingent upon the proceeding of Penwest
Subdivision.
3.4 The Regional Health Services Department offered no objection provided
the development proceed on full municipal services.
3.5 The Town of Newcastle Public Works Department had initially objected
to the proposal, noting that a site servicing report had to be prepared
to address drainage in the area. However, through various
discussions the Public Works staf have offered no objection to the
principal of the commercial development at this location subject to a
conceptual site servicing being submitted and approved prior to issuance
of a building permit. In addition, the Works Department would require
the applicant to enter into a Development Agreement, all conditions of
the Public Works Department be met financially and otherwise.
4. STAFF COMMENTS
4.1 As required by Section 8.2.3.4 of the Durham Region official Plan and
Section 7.2.5.3(ii) of the Town of Newcastle Official Plan the applicant
has submitted a Retail Market Analysis prepared by John Winter
Associates Ltd. The study concludes that given the increasing amount of
development in the north portion of Bowmanville, there will be an
increase in the need for commercial uses in the area. Therefore the area
could support the proposed 27,000 sq. ft.of retail/commercial and
personal services uses.
...5
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The Trade Area of the proposed plaza is bounded by the CPR tracks to
the north, Liberty Street to the west, Soper Creek to the east and south
to Soper Creek Drive in Plan 1OM-798. This Trade Area is within
Neighbourhood 11D' as shown on Schedule 7-3 in the Town of Newcastle
Official Plan. Neighbourhood 11D' has an estimated population of 5000
persons. Staff would note that within this neighbourhood there are a
number of proposals which total approximately 1071 residential units.
Submissions of subdivisions have also been made south of Concession
Road which are in the trade area as well, which total approximately
400 units.
4.2 In Neighbourhood 'ID' there are no commercial designations located
within this neighbourhood. The Town of Newcastle Official Plan states
the Local Central Areas shall serve as focal points of activity for
residential communities serving the day to day needs of the residents
of surrounding residential areas. The applicant proposes uses within
the plaza which would serve people on a day to day basis such as a
personal service uses, drug store, large convenience type store, bank,
and perhaps eating establishments. These uses are defined as General
Commercial Uses (Cl) in By-law 84-63.
The analysis provided by the applicant anticipates that the impact on
the main central area of Bowmanville will be minimal. There will be
moderate market shares since the Local Central Area will not capture all
of the market potentials of new residents, therefore expenditures will
be available for other commercial areas found within the Main Central
Area.
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It would appear then that the success of retailers in the proposal
will thrive on those people living in Neighbourhood 'lD'.
4.3 The Town of Newcastle Official Plan states that where commercial uses
are proposed to adjacent residential areas, traffic, parking and service
areas shall be designated to minimize traffic through adjacent
residential use.
The Local Central Area location is on two collector roads being Mearns
Avenue and Concession Street. It is anticipated that through the
development of the lands within this neighbourhood that both Mearns
Avenue and Concession Street will be upgraded accordingly. Staff
would also note that Mearns Avenue north of Concession Street will
be realigned to meet with Mearns Avenue south of Concession Street.
Both the widening, realignment and upgrading will aid in the ease
and flow of traffic in this area. The portion of land required for the
realignment will be dedicated to the Town as a condition of Site Plan
approval.
4.4 In addition to the above noted the applicants have retained John V.
Jones, Architect, to design the Local Central Area. The design
concept used incorporates the design guideline policies noted in
Section 7, 7.2.5.2(iii)(f) which requires buffering, fencing and
landscaping to minimize the impacts between the adjoining residential
uses. These requirements will become part of the site plan agreement.
5. RECOMMENDATIONS
In consideration of the above noted comments, Staff have concluded
that this neighbourhood could support a Local Central Area and through
...7
REPORT NO.: PD-164-89 PAGE 7
the review of the Retail Market Analysis would conclude that the
impact on the downtown area will be minimal.
Staff would respectfully recommend that the Official Plan Amendment
be approved and forwarded to the Region of Durham for approval.
Staff would also recommend that Zoning By-law also be approved and
that the Holding Prefix be removed at such time as a Site Plan
Agreement has been executed.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning & Development
CRV* FW* j ip
*Attach.
June 23, 1989
Recommended for presentation
to the Committee
-----------------
Lawrence otseff, M.C.I.P.
�r� .
1
Chief Administrative Officer
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION
Tunney Planning
c/o Mr. Kevin Tunney
340 Byron Street, Ste 200
WHITBY, Ontario
LlN 4P8
Mr. Allan Windram
The Michael Stuart Group Ltd.
85 West Beaver Creek Road
Unit 2
RICHMOND HILL, Ontario
L4B 1K4
Mr. Bruce Gallipeau
R.R. #4
BOWMANVILLE, Ontario
LlC 3K5
Mr. Tom Khim
101 Liberty Street North
BOWMANVILLE, Ontario LlC 2L8
Miss Seto
32 Concession Street East
BOWMANVILLE, Ontario LlC lY1
Mrs. Elsie Elston Mr. Garth Gilpin
R.R. #4 Bowmanville, B. I. A.
BOWMANVILLE, Ontario P. 0. Box 365
LlC 3K5 Bowmanville, Ontario
n,
U 10
LlC 3Ll
AMENDMENT • TO THE TOWN OF
OFFICIAL PLAN
PURPOSE: The Purpose of the Amendment to the Town of Newcastle Official
Plan is to permit a "Local Central Area" symbol within Neighbourhood
"1D" in the Bowmanville Urban Area.
LOCATION: The subject lands are located on the north side of Concession Street,
west of Mearns Avenue within Part of Lot 9, Concession 2, in the
former_ Town of Bowmanville.
BASIS: The Amendment is a result of an application to permit a retail /commercial
plaza within the Neighbourhood "1D" in the Bowmanville Urban Area. A
Retail Market Analysis indicates that there is a need for retail/
commercial uses within the Neighbourhood. The Analysis shows that
Neighbourhood "1D" could support 2510 sq.m. of retail /commercial uses.
ACTUAL AMENDMENT: The Town of Newcastle Official Plan is hereby amended as
follows:
1. by adding a "Local Central Area" symbol on Schedule 7-1 as
indicated on the Schedule attached hereto.
IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official
Plan, as amended, regarding implementation of the Plan shall apply in
regard to this Amendment.
INTERPRETATION: The provisions set forth in the Town of Newcastle Official
Plan, as amended, regarding the interpretation of the Plan shall apply in
regard to this Amendment.
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AMENDMENT No.
TO THE TOWN OF NEWCASTLE OFFICIAL PLAN, SCHEDULE 7 -1
5-91
DN: A/HR1
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
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 113" to By -law 84 -63, as amended, is hereby further amended
by changing the zone designations from:
"Agricultural (A)" to "Holding - Urban Residential Type One ((H)R1) ";
"Holding - Urban Residential Type One ((H)Rl)" to "Holding - General
Commercial ((H)C1) "; and
"Holding - Urban Residential Type Three ((H)R3)" to "Holding - General
Commercial ((H)Cl) ".
2. Schedule "A" 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
1989
BY -LAW
read a
second
time this
day of
1989
BY -LAW
read a
third
time and finally
passed this
day of
1988.
592
MAYOR
CLERK
This is cheul " to y -law - ,
passed thi y of , 19.89 A.D..
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Mayor
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