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HomeMy WebLinkAboutPD-67-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV90101 .GPA REPORT P U B L I C M E E T I N G Meeting:General Purpose and Administration Committee File # Date: Monday, April 8, 1991 Res. # PD-67-91 DEV 90-101 By-Law# Report#: File #: Subject: REZONING APPLICATION - NEWCASTLE TOWNLINE CENTRE LTD. PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-101 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-67-91 be received; 2 . THAT the Rezoning and Site Plan application submitted by Ray Abbott on behalf of Newcastle Townline Centre Ltd. be referred back to Staff for further review and a subsequent report at such time as all outstanding comments have been received and all issues resolved; 3 . THAT the interested parties listed in this report and any delegation be advised of Council 's decision. 1. APPLICATION DETAILS 1 . 1 Applicant: Newcastle Townline Centre Ltd. 1 .2 Agent: Ray Abbott (Abbott Drafting) 1 .3 Rezoning Application: from "Special Purpose Commercial (C5) " and "Urban Residential Type One - Holding ( (H)Rl) " to an appropriate zone to permit the development of a commercial/retail plaza (6180 m2) with ground floor retail/ commercial uses and second floor office uses . 1.4 Land Area: 1. 71 Ha. (4 . 22 acres) . . . . . . .2 REPORT NO. : PD-67-91 PAGE 2 2. LOCATION 2 . 1 The subject property is located in Part Lot 35, Concession 2, Former Township of Darlington. The lands front on the north side of Highway No. 2, east of Townline Road (Regional Road 55) , south of Bridle Court and west of Varcoe Road. Municipally the site includes 1406 to 1414 Highway No. 2 inclusive. 3. BACKGROUND 3 . 1 The subject Rezoning and Site Plan Approval applications were received by the Town of Newcastle Planning and Development Department on December 13, 1990 . The application as submitted involves lands having approximately 153 m (502 ft) of frontage and a lot area of 1 .56 Ha. (3 .77 acres) . The applicant proposes to develop a commercial plaza having two main buildings, both buildings containing second floor office space. The total floor space proposed equals 6180 m2 (66500 sq. ft. ) , 1758 m2 of office floor space (second floor) and 4421 m2 of retail commercial floor space (ground floor) . 3.2 Staff previously dealt with an Official Plan Amendment (OPA 87- 81/N) which proposed to redesignate the subject lands from "Special Purpose Commercial" and "Residential" to "Local Central Area" . The application was denied by Council and appealed to the Ontario Municipal Board. The appeal was subsequently withdrawn when the Town commenced the Highway 2 Corridor Study. 3. 3 The subject lands are within "Courtice West/Highway No. 2 Corridor Study" area and are subject to the "Gateway Commercial Area" Official Plan policies as contained in the Council approved Official Plan Amendment. The Official Plan policies are currently before the Region of Durham for approval. As a continuation to the corridor study, Staff is currently undertaking a proposed zoning change for specific lands abutting Highway No. 2 (north and south) , west of Varcoe Road, south of Nash Road and east of Townline Road (see Figure 1) . The subject site is included within the lands subject to the Town initiated zoning change (DEV 90-094) . . . .3 REPORT NO. : PD-67-91 PAGE 3 3 .4 A Public Meeting was held on January 7, 1991, with respect to DEV 90-094, the Town initiated zoning by-law amendment. A number of residents appeared at the Public Meeting concerned with the proposed zoning changes, as a result, Council resolved to TABLE the matter to enable Staff to meet with the residents of Bridle Court. On Tuesday January 29, 1991, Staff and Councillors Wotten and Hannah met with the residents to discuss the rezoning applications (DEV 90-094 and DEV 90-101) . 4 EXISTING AND SURROUNDING USES 4 . 1 The existing site is currently vacant and has recently been graded. 4 .2 Surrounding land uses are as follows: South: Highway No. 2 existing commercial plazas and residential. East: existing residential structures and automobile dealership. North: existing residential units on Bridle Court and Nash Road. West: V-plus fuel bar and car wash, veterinary clinic and existing residences . 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. 5 .2 As noted above concerns have been expressed to the Town initiated zoning by-law amendment as it relates to the subject rezoning application. The issues raised by the residents at the neighbourhood meeting relate to site plan issues, such as location of the commercial buildings relative to the residential 7 1 . . .4 REPORT NO. : PD-67-91 PAGE 4 properties, the need and location of walkways accessing the commercial to the residential . Valiant Property Management, owners of the commercial plaza (Kingsway Village) at the north- west corner of Townline and Highway No. 2 has expressed concern with the need for additional commercial development in this area. 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated "Residential" . The predominant use of lands so designated shall be for housing purposes . Policies within the Special Purpose Commercial designation permit Council at their discretion to recognize existing Special Purpose Commercial uses not designated on Map 'A' . 6 . 2 Within the Town of Newcastle Official Plan the subject property is currently designated "Special Purpose Commercial" within the Courtice Urban boundary. Special Purpose Commercial uses are intended to serve the needs of the residents on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic . 6 . 3 The Town approved Official Plan amendment proposes to change the designation of the subject lands from Special Purpose Commercial to "Gateway Commercial" . This designation is further defined into specific 'Policy Areas ' . The subject property is within Policy Area "B" Special Purpose Commercial . The predominant function of this designation is similar to the current Special Purpose policies with the exception that second storey office uses may be permitted on lands that have consolidated into parcels with greater than 80 metres of frontage. In addition retail and personal service uses with less floor area than the special purpose commercial uses may be permitted to a maximum of 30% ground floor coverage. The application would appear to generally comply to the "Gateway Commercial" policies as approved by the Town Council. However, the Town's records indicate the " 7 .5 REPORT NO. : PD-67-91 PAGE 5 five subject parcels are currently registered under four separate ownerships . The applicant has been advised that the subject parcels must be consolidated prior to Site Plan approval should the second floor office commercial remain. 7 ZONING 7 . 1 The current zoning on the subject property is "Special Purpose Commercial (C5) " and "Urban Residential Type One - Holding ( (H)R1) " . Amendment to the Zoning By-law is required to accommodate the proposed 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 Regional Planning Staff. Bell Canada and Ontario Hydro have advised they have no objection to the application as submitted. 8.2 Comments received from the Town of Newcastle Fire Department require the applicant to ensure the proposed service lane and access to the main entrance of the buildings is of an adequate dimension to accommodate access for fire department vehicles, this includes a 12 . 0 m turning radii. 8 . 3 Public Works have advised they have no objection to this proposal in principle, however recommend it does not proceed until the plans are amended to provide a stone retaining wall as opposed to the gabion wall as proposed. Public Works Staff have further requested the applicant/owner provides a cash contribution for illumination on Highway No. 2 ( 153 m x $84 . 00 = $12,852 . 00) , and that a master drainage plan satisfactory to the Public Works Department be submitted. 8 .4 Regional Public Works Staff have reviewed the proposal and advised municipal water and sanitary sewers are presently stubbed to the subject site from existing services on Highway No. 2 . REPORT NO. : PD-67-91 PAGE 6 8.5 The Ministry of Transportation Staff reviewed the rezoning/site plan application and advised access will be restricted to one commercial entrance at a design and location acceptable to the Ministry. No additional access will be permitted. The application complies with the 13 .7 m (45 feet) minimum building setback requirement. In addition, prior to issuance of permits, a stormwater management plan and traffic study must be submitted for approval to the Ministry. 8. 6 The Central Lake Ontario Conservation Authority has advised they have concerns with the development of the subject property as it pertains to the potential for increased overland drainage flow onto adjacent private properties, and the increased drainage into Highway No. 2 storm sewer and its impact on the lands downstream. CLOCA Staff have requested that an overland flow route in conjunction with the development be provided. Authority Staff have also raised concerns with the impact the increasing drain times and flows may have on the receiving watercourse (and ultimately the Farewell Creek) . Therefore, they have requested that a study be undertaken to assess the current situation, determine the impacts of re-development along relative stretches of the Highway 2 corridor, and suggest measures to negate any impacts . 9 STAFF COMMENTS 9 . 1 The rezoning and site plan application proposes to consolidate and develop five parcels fronting on Highway # 2 into 6180 mz ( 66523 square feet) of commercial retail and office space over two floors . As noted above the application is within the "Courtice West/ Highway # 2 Corridor Study Area" . The proposed Official Plan Amendment detailed through that study is currently being considered by the Region. 9 .2 Staff have reviewed the proposed Site Plan application in consideration of the urban design concept proposed through the Corridor Study as well as the Council approved Landscape Design . . .7 I REPORT NO. : PD-67-91 PAGE 7 Guidelines . The application appears to maintain the intent of both documents . However, the parking proposed in the north east corner ( 13 spaces) is north of the commercial designation and should be indicated as lands for future Residential development. A 3 . 0 metre landscaping strip abutting all residential uses is required. As well a 1.5 m perimeter landscape strip between commercial properties is required. The landscape plan may also need to be revised to more closely reflect the approved landscape treatment for the Highway # 2 Corridor Study. 9 . 3 The "Service Lane" which was introduced through the Corridor Study, to provide an internal traffic circulation system has been incorporated in the proposed design of the site plan. The service lane is intended to facilitate movement between sites without compelling consumers to Highway # 2 . It is staff's opinion the functional design of the service lane on this site will require further review to ensure proper internal traffic circulation between sites . 9 .4 The Ministry of Transportation advised access to the site will be restricted to one commercial entrance. Staff also have concern with access to the site and require the proposed access be located to align with the existing commercial entrances on the south side of Highway # 2 . In addition, it is suggested that the proposed access be widened to provide for one ingress and two egress lanes separated by a traffic island in compliance with Town of Newcastle Zoning By-law 84-63. 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 proposed application, and for Staff to advise of issues or areas of concern regarding the subject application. It is recommend the application be referred back to Staff for further processing and a subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. . . .8 REPORT NO. : PD-67-91 PAGE 8 Respectfully submitted, Recommended for presentation to the Committee---d 0A I-AA Franklin Wu, M.C. I .P. e Lawrenc . Kotseff DIrector of Planning Chief nistrative and Development Officer CP*FW*cc *Attach 28 March 1991 Interested parties to be notified of Council and Committee's decision: Newcastle Townline Centre P.O. Box 2065 OSHAWA, Ontario L1H 7V4 Ray Abbott 172 King Street Suite 303 OSHAWA, Ontario L1H 1B7 Valiant Property Management 177 Nonquon Road 20th Floor OSHAWA, Ontario L1G 3S2 ATTN: Mr. Robert Hann ZONING CHANGE FROM (H)R1 AND Rt TO (H) R3 -10 ZONING CHANGE FROM (H)R1 , R1 AND C5 TO (H)C5-8 1 NASH ROAD r °a BRI DBE COURT 0 W f Ali f; r��.. /i �/�j ♦�\���\��` Q ftftm�l \ / , I Imo\ / ♦ �/� �f ��t HIGHW Ld z J z o F�XHUNT TRAIL KEY MAP .J } SUBJECT SITE LOT 35 LOT 3 4 LOT 3 3 Rl I `- (H)R1 Z A E 0 A (H)Rt,- R Z 3- W w V ° R1 Z EP R 1 R1 0 W _ EP ? NASH ROAD J Z RI R1 0 3 H R1 0 R1 N Z R W c 5 W ►- 05 C5-3 RI-4 Z cT C1 Y. N_ R _ a c) c? —' , EP c5 to C5 (H)RI (n cr R1 H) Rt (H)R4-7 w > R( V TE m Z Z! (H) o EP Z. (1) R 1 R1 Z 0. R1 Q (H)RI a Rt 04 a KEY MAP . Dev. 90- 101 FUTURF DEVELD�.faff KEY PLAN PAP7 2 tr SERVICE LAME 1301P. ,PL-- (typ CF LANE ............. AREA BUILDING A Asa S ) EY R .......... ...... ARnAL Zi- J I I I I I I BUILDING •.. O ' 1 �--�'_ `\\ \ NDa'Z�b _— — e. •��i Q, P1 A RETAIL. RI�` STOREY OFCF PART 02 =Ey -------- -- A- z2b t 1— zo, "-C% CU G•II M r--Ta THE KING S HIGH WA Y NO 2 (KING STREET WEST) PERTINENT SITE INFORMATION PROPOSED SITE DEVELOPMENT PLAN 171,7•e,7 Z�,- V 1,-:-:— 1 7-m ,I I-Z.-, _1 t7 7;tl LOTS 30, 31, 32.33,a 34 abboft REGISTRAR'S COMPILED PLAN NO 713 drafting cmu elf 4>0-co BEING PART OF LOT 35.- CONCESSION 2 19,7,1•.7 TOWNSHIP OF DARLINGTON. NOW IN THE AfEWCASTL—F TOWNLhVE CE47RE TOWN OF NEWCASTLE z REGIONAL MUNICIPALITY OF DURHAM