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Home My WebLink AboutPD-3-91 r T"'"'�'"r ♦ TOWN OF NEWCASTLE /t € �y� UR-REZ .GPA REPORT File # /�7-- Res. # By-Law # PUBLIC MEETING (STING: General Purpose and Administration Committee DATE: January 7, 1991 REPORT #: PD-3-91 FILE #: DEV 90-094 SLBJECT: REZONING OF CERTAIN LANDS WITHIN COURTICE WEST HIGHWAY NO. 2 CORRIDOR STUDY AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-3-91 be received; 2 . THAT the attached By-law to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, be APPROVED. 1. BACKGROUND 1. 1 On September 24, 1990, Council adopted 18 recommendations with respect to the Courtice West Highway No. 2 Corridor Study. Recommendation 6 is as follows: "That the Town of Newcastle Comprehensive Zoning By-law be amended to incorporate new Zoning provisions for the Special Purpose Commercial Area and Medium Density Residential Area in accordance with Section 10 of Report PD-281-90 . " This recommendation applied to those lands which were not dependent on the amendment to the Town of Newcastle Official Plan presently before the Region of Durham for consideration. � i i REPORT NO. : PD-3-91 PAGE 2 1 .2 There are two components to this amendment as follows: a) Prezone the lands identified for medium density residential use in a holding category. b) Rezone the lands identified as Policy Area B - Special Purpose Commercial to establish base uses permitted in this area as of right, to increase the minimum frontage requirement from 30 to 40 metres and to establish a minimum floorspace requirement of 600 square metres for an individual retail commercial establishment. 1 . 3 With regard to the second area noted above, two areas are excluded from the lands to be rezoned. These are: a) V-Plus Service Station The Durham Region Official Plan requires that service stations be zoned in a separate zoning category. b) Dinnerex Site A site plan application for certain lands under development by Dinnerex Inc . was received May 31, 1990 . It was agreed by the Town and the applicant to process the site plan application under the current zoning provisions provided the major concepts of the Courtice West Highway No. 2 Corridor Study were incorporated (eg. rear service lane) . 2. PROPOSED REZONING 2 . 1 Medium Density Development Area The proposed zoning by-law permits the development of townhouses and walk-up apartments up to a maximum height of 3 stories ( 10 .5 metres) . The density has been established at J REPORT NO. : PD-3-91 PAGE 3 40 unit per hectare. Lot area and frontage requirements are established to encourage consolidation of smaller parcels into suitable development blocks . In addition to the standard setback requirements, there is provision for a 9 metre (29 .5 ft. ) setback requirement from any abutting Rl zone. 2 .2 Special Purpose Commercial Area The purpose of the rezoning for the Special Purpose Commercial Area is to provide the base level of zoning, that is, those uses which may be permitted without major consolidation. The Town-approved amendment to the Official Plan and Neighbourhood Plan provides an incentive for parcels to consolidate with 80 metre (262 ft. ) frontages and encourages streetfront orientation to buildings . This incentive is provided by means allowing some "General Commercial (C1) " uses (up to 30 percent) and second storey office structures . The proposed rezoning, however, would define the base or minimum level of uses permitted should the landowner(s) not wish to physically consolidate properties . The major components of the proposed by-law amendment are as follows: i) definition of permitted uses; ii) requirement that any retail commercial establishment have a minimum of 600 square metres of floorspace in accordance with the intent of this designation for uses which consume larger parcels of land; iii) establishes the minimum frontage at 40 metres ( 131 feet) ; lZ REPORT NO. : PD-3-91 PAGE 4 iv) requires a minimum rear yard setback of 20 m (66 ft. ) to encourage streetfront orientation to buildingsand allow for a rear service lane. 3. CONCLUSION 3 . 1 The proposed rezoning is necessary to bring the Town's Comprehensive Zoning By-law 84-63 into conformity with the recommendations of the Courtice West Highway 2 Corridor Study. Given that there is no conflict with the existing official plan, this rezoning can be adopted without waiting for the Region's approval of the amendment to the Town of Newcastle Official Plan. 3 .2 It is staff's intention to introduce further zoning provisions subsequent to the Region's consideration of the proposed amendment as follows: i) The Mixed Use Area at the Darlington Blvd./Varcoe Road intersection; ii) If any landowner wishes to take advantage of the incentive provisions of the proposed Official Plan Amendment for the Courtice West Highway #2 Corridor (ie. for consolidation to 80 metres frontage) . Respectfully submitted, Recommended for presentation to the Committee )A J-1A, (),- , - t-A All��4 Franklin Wu, M.C. I.P. La rence * Kotseff Director of Planning Chief A istrative and Development Officer DC*FW*df *Attach 17 December 1990 1 ' r, DN: COUR-REZ.BL THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle WHEREAS the Council of the Corporation of the Town of Newcastle has adopted the recommendations of the study of the Highway No.2 Corridor in the Courtice West Neighbourhood; WHEREAS certain components of the land use plan can be implemented prior to the adoption of an Official Plan Amendment for the Courtice West Highway No. 2 Corridor Study Area; WHEREAS Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, to implement certain components of the land use plan. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 14.6 "Special Exception - Urban Residential Type Three (R3) " zone is hereby amended by adding thereto, the following new Special Exception 14.6.10 as follows: "14.6.10 Urban Residential Exception (R3-10) Zone Notwithstanding the provisions of Section 14,1 and 14.4, those lands zoned (R3-10) on the Schedules to this By-law may, in addition to the permitted uses, may also be used for apartment building. All uses shall be subject to the following zone regulations, a) Dwelling Units (maximum) 40 units per ha b) Lot Area (minimum) 6000 square metres c) Lot Frontage (minimum) 30 metres d) Yard Requirements (minimum) i) Front Yard 7.5 metres ii) Interior Side Yard 6.0 metres iii) Exterior Side Yard 7.5 metres iv) Rear Yard 7.5 metres v) Yard Setback from any R1 Zone 9 metres e) Dwelling Unit Area (minimum) i) Bachelor Dwelling Unit 40 square metres ii) One Bedroom Dwelling Unit 55 square metres iii) Two Bedroom Dwelling Unit 70 square metres By-law 91- Page 2. . iv) Dwelling Unit Containing Three or more bedrooms 80 square metres (plus 7 square metres for each bedroom in excess of three) f) Lot Coverage (maximum) 40 percent g) Landscaped Open Space (minimum) 40 percent h) Building Height (maximum) 10.5 metres 2. Section 20.4 "Special Exception - Special Purpose Commercial (C5) Zone" is hereby amended by adding thereto, the following new Special Exception 20.4.8 as follows: "20.4.8 Special Purpose Commercial Exception (C5-8) Zone Notwithstanding the provisions of Section 20.1 and 20.2, those lands zoned (C5-8) on the Schedules to this By-law shall be subject to the following zone regulations: a) Permitted Uses i) retail commercial establishment for: furniture major appliances office furniture motor vehicle equipment and accessories building supply outlet with no outside storage beer, liquor and wine garden or nursery sales and supplies ii) a motor vehicle sales and service establishment iii) an eating establishment iv) an eating establishment, take-out v) an eating establishment, drive-in vi) a tavern vii) a place of entertainment viii) a hotel or motel b. Regulations i) Lot Area (minimum) 3500 square metres ii) Lot Frontage (minimum) 40 metres iii) Lot Coverage (maximum) 30 percent iv) Landscaped Area (minimum) 15 percent v) Front Yard (minimum) 7.5 metres vi) Interior Side Yard (minimum) Nil (provided that where a side lot abuts a residential zone a minimum of 10 metres shall be required) vii) Rear Yard (minimum) 20 metres / ) % J By-law 91- Page 3. . viii) Each retail commercial establishment shall have a minimum leasable floor area of 600 square metres. For the purposes of this section, a retail commercial establishment is defined as an individual establishment operating under one tenancy or for all intents and purposes as a separate and distinct business. Leasable floor area shall mean the total floor area of a specific retail commercial establishment measured to and including the outside walls but excluding any internal common areas and/or common mechanical or service rooms shared with other tenants. " 3. Schedule 114" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) " to "Urban Residential Exception - Holding ((H) R3-10)11; "Urban Residential Type One - Holding ( (H) R1) " to "Urban Residential Exception - Holding ( (H) R3-10) "; "Urban Residential Type One (R1) " to "Special Purpose Commercial Exception - Holding ((H) C5-8) ; "Urban Residential Type One - Holding ( (H) R1) " to "Special Purpose Commercial Exception - Holding ( (H) C5-8) "; "Special Purpose Commercial" to "Special Purpose Commercial Exception - Holding ( (H) C5-8) 11; All as shown on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of this By- law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and finally passed this day of 1991. MAYOR CLERK This is Schedule "A" to By-law 91 - , passed this day ofi , 1991 A.D. TNX CORNER LOT 35, CONC,2 LOT 35 I I NASH ROAD r— OI BRIDLE COURT I N 1z � 1, �' �\�� \i�r\r' r��i:r�i:..,^ � `:1 iiil � i 1�-•I` "•- , /' I i♦ / In 1, i � 1 i-�-� ,'i'/�V iii% �\,, Q 0 A11GHW 10 4 4j NO. V,". ® ZONING CHANGE I FROM R1 TO '(H)R3-10' Z ZONING CHANGE FROM '(H)R1' TO '(H)R3-10' o ZONING CHANGE FROM 'R1' TO '(H)C5-8' ZONING CHANGE FROM '(H)R1 TO '(H)C5-8' ZONING CHANGE Mayor FROM 'C5' TO '(H)C5-8' ��erk i COURTICE 0 50 loom 0 50m /�