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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 s 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 ------------------------------------------------------------------------------- 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 E 0 � J 0 J 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. ...6 r__ n / J 0 0 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. X90 .�•. ♦ . dt r ♦ r.. f :::::: y 1' ffir: �:: Y 1 r n e.. � 4 • I .k'r. tr . L(,J population C f 1 50 w: i N I • �i i• ii :I iMIMi .:w: '.: X. :r ::■ ::: ■. #""• iii:: :1 Plan :1 o u M P P I l o N 5 00 0 1 i :�. ii i ADD LOCAL L T AL ARE A CE R aii� N i ;wi+li :i C• iE. L 4 .tq.'. :•x .r'. I th . Population .f r: :tt v.' 1 C J. . ■: :r::: ::V/♦J:4:;: population i:;dr■ ♦ . rn I •. ♦.. 5 00 ..Y J H J•t•• r Y ♦:.:: N :t • 0 . ..A• • .-A 80 ::4 . K. h. J• • :7 t a 4 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.. e 66.548 N 7401640° E o v� I W I I 3 I Q Qp /--3 *048 I / N 74009 30 "E I Z Z I I Q M N W PROPOSED MEARNS AVENUE 'REALIGNMENT 3 ' 3.048m ROAD Yoi h WIDENING z 7 CONCESSION STREET EAST ® ZONING CHANGE FROM 'A' TO'(H)C1' ZONING CHANGE FROM '(H)R1' TO'(H)C1' ZONING CHANGE FROM'(H)R3' TO'(H)C1' Mayor ® Cleric LOT 10 LOT 9 LOT 8 ;00; BOWMANVILLE u z 0 0 50 100_200 300m 50m 0