HomeMy WebLinkAboutPD-3-91 Addendum TIAE CORPORATION OF THE`SOWN OF NEWCASTLE
DN:REZ-COUR.GPA
REPORT
PUBLIC ]MEETING
Meeting General Purpose and Administration Committee File-# Q,:2 901
Date Tuesday, May 21, 1991 Res
Addendum to By-Law L _3
Report 11 PD-_3e-9 1 File
Subject REZONING OF CERTAIN LANDS WITHIN THE COURTICE WEST HIGHWAY
NO. 2 CORRIDOR STUDY AREA
Hecommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Addendum to Report PD-3-91 be received;
2 . THAT Report PD-3-91 be lifted from the table and be received
for information;
3 . THAT the proposed by-law to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, to permit a
medium density residential block, being Attachment #2 to the
Addendum Report, be APPROVED;
4 . THAT the proposed by-law to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, to permit a
Special Purpose Commercial area, being Attachment #3 to the
Addendum Report, be APPROVED;
5 . THAT as a condition of site plan approval, all commercial
developments abutting residential areas in the Courtice
"Gateway Commercial Area" be required to construct wooden
privacy fences continuous with no holes or gaps at a height
of 1 .8 metres with a surface density to meet or exceed 4
lb/sq. ft.
6 . THAT the Region of Durham Planning Department be advised of
Council's decision and forwarded a copy of this report; and
7 . THAT the interested parties listed in this report and any
delegation be advised of Council 's decision.
1. BACKGROUND
1 . 1 A Public Meeting on the staff proposed rezoning contained in
Report PD-3-91 was held on January 3, 1991. Four persons
U( 7
SIS—a4REG—PArER
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 2
addressed Committee with the following concerns:
i) Mrs . Lucy Niejadlik, 10 Bridle Court, noted that six
households did not receive the Public Notice and that
persons did not have adequate time to prepare and
submit comments . She requested a night meeting with
Town staff.
ii) Mr. Robert Hann, Valiant Property Management, owner of
Kingsway Village withheld comments until such time as a
report is brought back.
iii) Mr. Ed VanHees spoke on behalf of his parents who
reside on Foxhunt Trail. He expressed concern with the
removal of the trees and the drainage problems as a
result of the Dinnerex development.
iv) Mr. John Wilson, 1421 King Street East, requested that
Committee deal with the proposed rezoning on the south
side of Highway No. 2 .
As a result of the request by Mrs . Niejadlik, the Committee
agreed to table this item "to allow for sufficient time for
a night meeting to be held between Town staff and local
residents" .
1. 2 In addition to the verbal submissions at the Public Meeting,
two written submissions were received:
i) Mr. Theodore Filntissis, owner of property at 1422 King
Street East wrote to Council on January 4, 1991
requesting that a "coin operated car wash" be included
in the permitted uses .
ii) Mr. & Mrs. Shearing, residents at 1411 Nash Road,
submitted written comments in objection to the medium
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 3
density block on the south-east corner of the Townline
Road/Nash Road intersection. Concerns listed were:
impact on their residence, traffic, noise and crime.
1 . 3 As a result of discussions with the residents, staff have
amended the original proposal . In accordance with Council's
procedures and the requirements of the Planning Act, a
revised Notice of Public Meeting was mailed to each
landowner within 120 metres of the lands affected.
2. MEETING WITH BRIDLE COURT RESIDENTS
On Tuesday, January 29, 1991, Staff and Councillors Hannah
and Wotten met with residents of Bridle Court. The
residents had invited Mr. Bob Hann, owner of Kingsway
Village Plaza, and Mr. Paul Cool, the developer of the
Bridle Court subdivision. Approximately 25 residents from
the 20 households on Bridle Court attended.
Staff reviewed the background of the Courtice West Highway
No. 2 Corridor Study and outlined the approved and proposed
amendments to the various planning documents . In addition,
the proposed development by Newcastle Townline Centre (DEV
90-101) was discussed.
Briefly, the concerns of the residents are as follows:
i) Many of the residents were concerned with the proposed
medium density block located on Townline Road. There
was a concern by some that assisted housing would be
built in this location and that this would negatively
impact their property values . Some residents
recognized that the long-term viability of the existing
single-detached homes on Townline Road was unlikely and
some form of redevelopment would occur.
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 4
ii) Some residents were concerned with the amount of
commercial and residential development proposed along
the King Street corridor. In particular, it was felt
that intense development would lead to traffic problems
and that traffic signals were needed at the Darlington
Blvd. /Varcoe Road intersection.
iii) With regard to the types of uses to be permitted, some
expressed concern with the possibility of a muffler
shop and similar uses . However, it appeared that the
main concern was the possible "tavern" use. Residents
requested a "tavern" be eliminated from the list of
permitted used.
iv) Some residents expressed concern that a walkway
proposed at the end of the court to provide access to
Townline Road would lead to teenagers and other persons
utilizing the Bridle Court as a shortcut.
v) Some residents were concerned with the proposed access
lane at the rear of the buildings. Specifically, it
was felt that there would be noise and litter, that it
would become a "hangout" for teenagers and may lead to
"drag racing" . One resident supported the concept
noting that it would be better than the traditional
service access at the rear of the buildings and it
would contribute to better urban design.
3. MEETING WITH MR. BOB HANN, VALIANT PROPERTY MANAGEMENT
3 . 1 On January 24, 1991, Staff met with Mr. Hann, President of
Valiant Property Management, the owner of the Kingsway
kl �
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 5
Village shopping centre on the west side of Townline Road
North. Briefly, Mr. Hann's concerns are as follows:
i) The retail market in this area is not as good as one
might expect. With a recessionary economy he has some
tenants unable to pay rent. There is a problem with
overbuilding too much retail space which would lead to
less desirable tenants, then vacancies, then
vandalizing of commercial properties.
At the same time, Mr. Hann advised staff that he is
building a 16,000 square foot addition to accommodate
some of his existing tenants (ie. Shoppers Drug Mart) .
Mr. Hann's contends that there should be an independent
retail market analysis under the direction of Town
staff to justify the amount of retail space proposed.
ii) Mr. Hann stated that an interconnecting service lane
along the rear of the corridor commercial area was
unnecessary for truck deliveries to smaller stores .
iii) Halloway Holdings and 244987 Management, other
companies controlled by Mr. Hann, own two properties
along the east side of Townline Road (Indicated under
Attachment #1) ) . One is within the area designated and
proposed for rezoning for commercial purposes . The
other property is on the south-east corner of the
Townline Road/Nash Road intersection within the area
proposed for rezoning for medium density residential
uses . Mr. Hann's concern is that this property is not
suitable for residential purposes since it is across
the road from the delivery area for the Loblaw's store
in the Kingsway Village Plaza. Mr. Hann stated that
commercial uses would be more appropriate.
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 6
4. STAFF COMMENTS
4. 1 Medium Density Block
Medium Density Housing forms (townhouses and walk-up
apartments) have been approved in many areas of the Town.
Among homeowners there has been apprehension about negative
impacts from this form of housing. However, in several
studies, the perceived anticipated impact on property values
has been unsubstantiated. On the other hand, through the
Town's Municipal Housing Statement Study, the need for more
affordable accommodation and rental accommodation has been
documented. Moreover, through Council's consideration of
the Durham Region Official Plan Review there was no concern
raised the more compact housing envisaged for all areas of
the Town.
Many of the perceived negative impacts of this housing form
can be mitigated through proper site design. The Town's
standard landscaping and fencing requirements ensure proper
screening with adjacent properties. The proposed by-law
requires that the building be setback at least 33 feet from
any R1 zone. Moreover, many of the concerns raised would be
no different than for a commercial plaza.
The existing single-detached homes facing Townline Road are
being purchased by development interests . Many are located
on large lots . In the meantime, some of these properties
are deteriorating. Given the arterial road location and
noting that the existing single detached dwellings are in
transition, it is staff's opinion that either walk-up
apartments or townhouses represents the best redevelopment
option for these lands .
However, in consideration of the concerns raised by the
residents, staff are recommending that the lands subject to
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 7
the medium density zoning be reduced to incorporate only
lands to approximately a depth of 250 feet from Townline
Road. This would enable a further extension of Bridle Court
and completion of the court as originally envisaged. This
would accommodate 15 to 20 additional single detached
dwellings depending on lot width.
The medium density block would be reduced from 1.47 ha to
1. 12 ha resulting in a reduction in the maximum units
possible from 59 to 45 .
4 .2 Intensity of Development and Traffic
These lands have been designated for commercial development
for a number of years . Any additional traffic generated as
a result of the revised commercial land uses will be minimal
in comparison to the increasing background traffic levels
due to the growth of Courtice in general .
With regard to traffic signals, the intersection at Highway
No.2 and Varcoe Road/Darlington Blvd. is monitored
periodically and signals will be installed when warrants are
met. It is noted that the Prestonvale Road intersection has
recently been approved for signals .
4 . 3 Type of Commercial Uses
The intent of the proposed rezoning is to eliminate several
of the less desirable uses in the Special Purpose Commercial
zoning (ie. recreation vehicle sales and service
establishment) . Staff believe that properly designed auto-
related uses such as muffler shops can fit into the fabric
of this area.
With regard to the specific request of the residents, staff
have no difficulty eliminating tavern as a permitted use.
a
� 7
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 8
Staff have approached the proponents of Newcastle Townline
Centre and they have indicated that they had not difficulty
with this request.
With regard to the request of Mr. Theodore Filntissis, for a
coin operated car wash, this site is immediately adjacent to
the Mixed-Use Development area intended to provide a focal
point at the Varcoe Road/Darlington Blvd. intersection. It
is staff's opinion, that the proposed use does not represent
the type of use desired adjacent to a community focal point.
4 .4 Retail Analysis
Mr. Hann requested that there should be an independent
retail market analysis for commercial proposes in this area.
It is noted that Amendment #41 to the Town of Newcastle
Official Plan was adopted by the Region of Durham on May 8,
1991 . The proposed amendment was modified by Regional
Planning staff so that any proposed development greater than
1400 sq. metres ( 15,000 sq. ft. ) would be required to submit
a retail market analysis in support of their proposal.
Staff believe that this should be sufficient to satisfy Mr.
Hann's concern.
4 .5 Rear Access Lane
The rear access lands has been incorporated to enable the
free flow of all vehicular movements between developments in
the corridor area, particularly to rear and side yard
parking areas . It is a very important component for
ensuring safe and convenient access to commercial uses in
this area and minimizing congestion on Highway #2 as a
result of vehicular turning movements . It is not
anticipated that this rear access lane will become a major
thoroughfare. On the other hand, it will be larger and much
more extensively used than a standard service and delivery
I � J
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 9
area behind commercial plazas. Being multipurpose
in use, plaza owners and tenants will not likely allow
litter to accumulate as in some plazas .
In recognition that there will be some additional vehicular
noise, it is recommended that the standard of the wooden
privacy fence be improved to incorporate acoustical
qualities . On the basis of the review of various noise
studies submitted to the Town, it is recommended that wood
privacy fences be built to ensure that it is continuous with
no holes of gaps and shall meet or exceed a surface density
of 4 lb. /sq. ft. The standard height of 1. 8 metres (6 feet)
would be retained.
4 . 6 Walkway
The purpose of the proposed walkway is to ensure the ease of
pedestrian access to commercial facilities and transit
routes . The Town of Newcastle Official Plan and, in
particular, the proposed Durham Region Official Plan
encourages pedestrian activity in residential areas and
Central Areas . Bridle Court is a public street and not a
private road. Staff are of the opinion that particularly
with the extended length of Bridle Court, the walkway is an
important feature to he retained.
4 . 7 Entranceway Policies and Lot Frontage Requirements
As Council will recall, the Special Purpose Commercial area
is to have a base level of zoning to identify the
development standards to be applied as-a-right. The
approved Official Plan provisions enable specific
development proposals to apply to additional uses provided
that their lands legally consolidate to a minimum frontage
of 80 metres (ie. the proposal by Newcastle Townline Centre.
' ) Ire
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 10
The Durham Regional Official Plan Review has confirmed 80
metre spacing for entranceways .
In a recent meeting to review the entranceway locations of
specific development proposals with the Ministry of
Transportation and the Region of Durham, the general
location of entranceways (at 80 metre intervals) was
confirmed in the general location shown in the Courtice West
Highway No. 2 Corridor Study.
The co-ordination of entranceways and the lot frontage
requirements are very much linked. In addition, lot
frontage requirements ensure that suitably-sized development
blocks are created. To date, the land assemblies by
Newcastle Townline Centre and Dinnerex have frontages of 153
metres and 82 metres respectively. (Attachment #1)
On the south side of Highway #2, the three properties each
have a frontage of 15.2 metres, totalling 45.6 metres . The
previously proposed 40 metre frontage requirement is
sufficient to enable the consolidation into a suitable
development block and implement the 80 metre spacing of
entranceways .
On the north side of Highway #2, the two remaining
properties (Scanga and Filntissis/Floros) have frontages of
38 .8 metres and 49 .2 metres . In order to successfully
implement the entranceway policies, the frontage
requirements in the proposed zoning by-law will be increased
to 55 metres . This will ensure the co-ordination of the
development of these two remaining properties in accordance
with the entranceway requirements .
f � /
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 11
4 . 8 Dinnerex Site
The concerns raised by Mr. VanHees related to the site plan
application on the Dinnerex site (shown on Attachment #1)
and not to the subject rezoning. The concerns of Mr.
VanHees have been addressed in discussions with Mr. Joe
Wood of Dinnerex.
4 . 9 The Notice of Public Meeting indicated the proposed Special
Exception zones as (H)C5-8 and (H)C5-9 . Due to an
administrative error this should have stated (H)C5-9 and
(H)C5-10 .
5. CONCLUSION
5 . 1 In summary, staff have responded to the concerns raised as
follows:
Medium Density Residential area has been reduced to
1. 12 ha with a maximum of 45 units .
Bridle Court has been extended to the length originally
envisaged allowing for approximately 15 additional
single detached dwellings .
Commercial properties along the Courtice Highway No. 2
Corridor will be required to construct acoustical wood
privacy fences .
Taverns have been eliminated from the list of permitted
uses .
For the properties along north side of the Highway No.
2, the frontage requirements have been increased to 55
metres.
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 12
5 .2 It is recommended that the proposed by-law amendments to
implement the Courtice West Highway No. 2 Corridor Study,
being Attachment #2 and #3 to this Addendum be approved.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence Kotseff
Director of Planning Chief A i istrative
and Development Officer
DC*FW*df
13 May 1991
Attachment #1 - Location Map
Attachment #2 - Zoning By-law Amendment - Medium Density
Residential Area
Attachment #3 - Zoning by-law Amendment - Special Purpose
Commercial
Interested parties to be notified of Council and Committee's
decision:
Mrs . Lucy Niejadlik Newcastle Townline Centre
P.O. Box 2065 P.O. Box 2065
Oshawa, Ontario. Oshawa, Ontario.
L1H 7V4 L1H 7V4
Robert Hann Ray Abbott
Valiant Property Management 172 King Street
177 Nonquon Road Suite 303
20th Floor Oshawa, Ontario.
Oshawa, Ontario. L1H 1B7
L1G 3S2
ADDENDUM TO REPORT NO. : PD-3-91 PAGE 13
H. Jacob
John Wilson 53 Chipperfield Cr.
1421 King Street East Whitby, Ontario.
Courtice, Ontario. L1R 1P3
L1K 1A3
Midas Muffler Shops
Ed VanHees Jerry Sudeyko
1811 Pauline Blvd. 1220 Dundas Street East
Apt. 6 Whitby, Ontario.
Ann Arbor, Michigan
Joseph Longo
Sales Representative
Unique Realty Ltd.
403 King Street West,
Oshawa, Ontario.
L1J 2K4
Attachment No. 1
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(-TRAIL
PREVIOUSLY PROPOSED MEDIUM DENSITY BLOCK
CURRENTLY PROPOSED MEDIUM DENSITY BLOCK
ACTIVE DEVELOPMENT APPLICATIONS
�► ENTRANCE LOCATIONS
Attachment #2
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 Council of the Corporation of the Town of Newcastle deems
it advisable to amend By-law 84-63, as amended, to encourage
multiple dwelling units in accordance with the Provincial Policy
Statement on "Land Use Planning for Housing";
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 14.610 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) 4000 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 10 metres
v) Yard Setback from any 10 metres
R1 Zone
e) Lot Coverage (maximum) 40 percent
g) Landscaped Open Space (minimum) 40 percent
h) Building Height (maximum) 10.5 metres"
2. Schedule "4" 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)"; and
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By-law 91- 2.
"Urban Residential Type One - Holding ((H) R1)" to "Urban
Residential Exception - Holding ((H) R3-10)11;
All as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-
law.
4 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
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Attachment No. 2
This is Schedule "A" to By-law 91 - ,
passed this day ofi , 1991 A.D.
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ZONING CHANGE
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Attachment #3
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 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 TH,T the Council of the Corporation
of the Town of Newcastle enacts as follows:
1. Section 20.4 "Special Exception - Special Purpose Commercial
(C5) Zone" is hereby amended by adding thereto, the
following new Special Exception 20.4.9 as follows:
1120.4.9 Special Purpose Commercial Exception (C5-9) Zone
Notwithstanding the provisions of Section 20.1 and 20.2,
those lands zoned (C5-9) on the Schedules to this By-law
shall be subject to he 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
i.i) 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 place of entertainment
vii) a hotel or motel
b) Regulations
i) Lot Area (minimum) 3500 square metres
ii) Lot Frontage (minimum) 55 metres
iii) Lot Coverage (maximum) 30 percent
iv) Landscaped Area (minimum) 15 percent
By-law 91- 2.
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
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 an
including the outside walls but excluding any internal
common areas and/or common mechanical or service rooms
shared with other tenants. "
2. Section 20.4 "Special Exception - Special Purpose Commercial
(C5) Zone" is hereby amended by adding thereto, the
following new Special Exception 20.4.10 as follows:
1120.4.10 Special Purpose Commercial Exception (C5-10) Zone
Notwithstanding the provisions of Section 20.1 and 20.2,
those lands zoned (C5-10) on the Schedules to this By-law
shall be subject to the zone regulations for the lands zoned
(C5-9) save and except for the following:
i) Lot Frontage (minimum) 40 metres
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 "Special Purpose
Commercial Exception - Holding ((H) C5-10) 11;
"Urban Residential Type One - Holding 9(H) R1) " to "Special
Purpose Commercial Exception - Holding ( (H) C5-9) 11;
"Special Purpose Commercial" to "Special Purpose Commercial
Exception - Holding ( (H) C5-9) 11; and
"Special Purpose Commercial" to "Special Purpose Commercial
Exception 7 Holding ((H) C5-10) 11;
All as shown on the attached Schedule "A" hereto.
By-law 91- 2.
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
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 an
including the outside walls but excluding any internal
common areas and/or common mechanical or service rooms
shared with other tenants. "
2. Section 20.4 "Special Exception - Special Purpose Commercial
(C5) Zone" is hereby amended by adding thereto, the
following new Special Exception 20.4.10 as follows:
"20.4.10 Special Purpose Commercial Exception (C5-10) Zone
Notwithstanding the provisions of Section 20.1 and 20.2,
those lands zoned (C5-10) on the Schedules to this By-law
shall be subject to the zone regulations for the lands zoned
(C5-9) save and except for the following:
i) Lot Frontage (minimum) 40 metres
3. Schedule 11411 to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from:
"Urban Residential Type One (R1) " to "Special Purpose
Commercial Exception - Holding ( (H) C5-10) 11;
"Urban Residential Type One - Holding ( (H) R1) " to "Special
Purpose Commercial Exception - Holding ((H) C5-9) 11;
"Special Purpose Commercial (C5) " to "Special Purpose
Commercial Exception - Holding ((H) C5-9) "; and
"Special Purpose Commercial (C5) " to "Special Purpose
Commercial Exception - Holding ((H) C5-10) ";
All as shown on the attached Schedule "A" hereto.
By-law 91- 3.
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 '-he 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
Attachment No. 3
This is Schedule "A" to By-law 91 - ,
passed this day of , 1991 A.D.
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ZONING CHANGE
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ZONING CHANGE
FROM '(H)R1 TO '(H)C5- 9'
ZONING CHANGE Mayor
FROM 'C5' TO '(H)C5-9'
ZONING CHANGE
FROM 'C5' TO '(H)C5-10'
Clerk
COURTICE o 50 loom
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TOWN OF NEWCASTLE
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Res. #
By-Law #
PUBLIC MEETING
�EETING: General Purpose and Administration Committee
DATE: January 7, 1991
REPORT #: PD-3-91 FILE #: DEV 90-094
SLRJECT: 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, 19 9 0, 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.
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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
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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 R1 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) ;
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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
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
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:
x
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
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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) 11;
"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) 11;
"Special Purpose Commercial" to "Special Purpose Commercial
Exception - Holding ((H) C5-8)";
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
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This is Schedule "A" to By-law 91 - ,
passed this day ofi , 1991 A.D.
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