HomeMy WebLinkAboutPD-206-92 V
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV92028 .GPA
PEP011
P U B L I E T
E T I N G
Meeting General Purpose and Administration Committee File W
Date Monday, October 5, 1992 Rer
PD-206-92 DEV 92-028 (OPA 92-010/N) By-Law
Report ff File 9 -
Subject REZONING APPLICATION - MOPRO CONSTRUCTION
PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 92-028 (OPA 92-010/N)
hecommendation%-
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-206-92 be received;
2 . THAT application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, submitted by
The Greer Galloway Group on behalf of Mopro Construction be
referred back to Staff for further processing;
3 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Mopro Construction
1.2 Agent: The Greer Galloway Group
1. 3 Rezoning Application:
from "Urban Residential Type One (R1) 11 and
Environmental Protection (EP) 11 to a zoning
classification which would permit the development of a
mixed use project containing 2160 m2 of retail and
personnel service floor space and 2070 m2 residential
floor space.
1.4 Official Plan Amendment Application:
from "Residential" and "Hazard Lands" and partially
within the "Courtice Community Central Area" to an
appropriate designation to permit the 2160 m2 of retail
and personnel floor space and the 2070 m2 of
residential floor space. . . .2
FRD1t4RL1EDPAFF11
REPORT NO. : PD-206-92 PAGE 2
1.5 Land Area: 1. 3 hectares (3 .21 acres)
2. LOCATION
2 . 1 The subject property is municipally known as 1678 Highway
No. 2 . The lands have approximately 190 . 6 m (625 ft) of
frontage on the north side of Highway No. 2 and abut part of
the southern limits of the Black Creek to the north.
Furthermore the subject property is east of Trulls Road and
west of Regional Road No. 34 (Courtice Road) . The legal
description of the property is part of Lot 30, Concession 2,
former Township of Darlington.
3. BACKGROUND
3 . 1 The subject rezoning application was received by the Town of
Newcastle Planning and Development Department in May of
1992, however, circulation of the proposal was not
undertaken until the accompanying Official Plan Amendment
was received in June of 1992 . The applicant is proposing to
redesignate and rezone the entire land holdings at this time
to permit the development of 2160 m2 of retail and personnel
floor space and the 2070 m2 of residential floor space. The
number of residential units proposed has yet to be
determined. However, the applicant is considering
constructing the development in three phases based on market
demand. The applicant proposes to maintain the existing,
older two storey single family dwelling on the property and
convert same to office space.
3 .2 The applicant has submitted a "professional opinion" about
the retail feasibility of the property in support of the
application. Staff have undertaken a brief review of this
document and will provide further comment on its contents in
the 'Staff Comments ' (Section 9) of this report.
. . . 3
REPORT NO. : PD-206-92 PAGE 3
4 EXISTING AND SURROUNDING USES
4 . 1 The existing site currently houses an existing two storey
house and barn.
4 .2 Surrounding land uses are as follows:
South: existing residential fronting on Highway No. 2 .
East: existing residence, Black Creek and vacant lands
subject to development applications .
North: the Black Creek, an existing townhouse development
and Courtice North Public School.
West: Courtice Baptist Church and a retail property
housing a retail store and a pool and patio
outlet.
5 PUBLIC MEETING AND RESPONSE
5 . 1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject
lands . In addition the appropriate notice was mailed to
each landowner and tenant within the 120 metre prescribed
distance. As of the writing of this report no letters of
objection or concern with regards to the applications have
been received.
6 OFFICIAL PLAN POLICIES
6 . 1 Within the existing Durham Regional Official Plan ( 1976) the
subject property is designated 'Residential ' and 'Hazard
Lands ' with 'Environmentally Sensitive Areas ' . The Hazard
Lands and Environmentally Sensitive Area designation applies
to those lands located below the top of bank on the subject
property. Although the applicant is proposing a cut and
fill program which requires C.L.O.C.A. approval, the
applicant is not proposing to develop lands below the top of
. . .4
REPORT NO. : PD-206-92 PAGE 4
bank, therefore the submission is not subject to the Hazard
Land and Environmental Sensitivity Policies . The
Residential policies state the predominant use of lands
shall be for housing purposes . However, limited office
development and limited retail and personal service uses may
be permitted in the Residential designation, subject to the
inclusion of appropriate provisions in the local plan and
zoning by-law.
6 .2 In the Council adopted 1991 Durham Regional Official Plan
the subject lands appear to be within the Main Central Area
designation, the boundaries of which are to be further
determined through the local official plan. The uses
proposed through this development would be in conformity
with the Main Central Area uses .
6 . 3 Within the Town of Newcastle Official Plan the subject
property is designated 'Residential' and 'Major Open Space
with Hazard Land' and is located partially within the
Community Central Area. The Major Open Space with Hazard
Land designation identifies the Black Creek and associated
valley lands . As the applicant is not proposing to develop
the lands below the top of bank these policies are not
applicable. Residential dwellings shall be the predominant
use of lands designated "Residential" . The portion of land
within "Community Central Area" designation is intended to
serve as a focal point of activities, providing a full array
of shopping, personal and business service, offices,
residential, social, cultural and recreational activities.
Amendment to the plan is required to accommodate the retail
component of this application.
6 .4 Within the Courtice South Neighbourhood Plan the subject
lands are designated "Residential" and "Major Open Space" .
. . .5
( 1
REPORT NO. : PD-206-92 PAGE 5
As with the official plan policies noted above, the Major
Open Space policies reflect the valley lands associated with
the Black Creek. Therefore, these policies are not
applicable to this development. The residential policies do
not define specific densities in order to allow for greater
flexibility. Instead locational criteria and the population
target are utilized to determine densities for specific
areas . Similar to the Official Plan, an amendment to the
Neighbourhood Plan is required to address the retail
component of this application.
7 ZONING
7 . 1 The current zoning on the subject property is "Urban
Residential Type One (R1) " and "Environmental Protection
(EP) " . The R1 zones permits single family dwelling units
and semi-detached/link units only. The application does not
propose to rezone the EP zone. Rezoning is required to
permit the proposed mixed use development.
8 AGENCY COMMENTS
8 . 1 In accordance with departmental procedure the subject
application was circulated to a number of agencies and
departments for comment. To date comments remain
outstanding from Newcastle Public Works Department, Central
Lake Ontario Conservation Authority, the Separate School
Board, Ministry of Transportation, Ministry of Natural
Resources and Ontario Hydro.
8.2 The Fire Department advised that the site will be serviced
by Station 4 on Trulls Road. It was also noted that until
the number of residential units is established further
comments could not be provided.
8.3 The Community Services Department and the Public School
Board both advised that they reserve comment until such time
the number of residential units has been established. . . .6
REPORT NO. : PD-206-92 PAGE 6
8.4 The Region of Durham has provided comments stating that
municipal water and sanitary sewer servicing is not
available and the Region has no plans to extend services at
this time. It is the applicants responsibility to provide
the Region a servicing report. The report shall contain
full engineering drawings, all easements to be acquired and
provide for a servicing agreement to be entered into with
the Region, all costs to be borne by the applicant. Until
this is available the applications are deemed to be
premature.
9 STAFF COMMENTS
9 . 1 The proponent has filed both Official Plan Amendment and
Zoning By-law Amendment applications . The application
proposes 2160 m2 of retail floor space and 2070 m2 of
residential floor space. As part of the application the
applicant is proposing to undertake a cut and fill program,
thereby increasing the table land available for development.
This aspect of the application will be reviewed by the
Conservation Authority and the Ministry of Natural
Resources .
9 .2 Staff have reviewed the "professional opinion" on the retail
feasibility study submitted and are concerned with the
method of analysis. It is noted that a number of other
commercial development applications in Courtice, currently
under review by Staff have not been included in the
analysis . The study submitted appears to provide no impact
considerations from the designated 150,000 sq. ft.
commercial component of the Community Central Area located
immediately on the south side of Highway No. 2 . As well the
boundaries of the trade area appear to have been extended as
far east as the hamlet of Maple Grove, which is most likely
. . . 7
REPORT NO. : PD-206-92 PAGE 7
to be influenced by commercial opportunities in nearby
Bowmanville. Once Staff have completed a detailed review of
the report submitted, staff's concerns will be presented to
the applicant and agent.
10 CONCLUSION
10 . 1 The purpose of this report is to facilitate the Public
meeting as required by the Planning Act, to provide
Committee and Council with some background on the
application submitted and for Staff to indicate issues or
area of concern regarding the subject application. It is
recommend the application be referred back to Staff for
further processing and subsequent report upon resolution of
the above issues and receipt of all outstanding comments and
required revisions.
Respectfully submitted, Recommended for presentation
to the Committee
r/
Franklin Wu, M.C. I .P. Lawrence E. k6tseff
DIrector of Planning Chief Administ�' atrive
and Development Officer
CP*FW*cc
*Attach
25 September 1992
Interested parties to be notified of Council and Committee's
decision:
Mopro Construction
309 Kendalwood Rd.
Whitby, Ont. L1N 2G2
Greer Galloway Group Inc .
1415 King St.
COURTICE, Ontario LlE 2J6
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