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HomeMy WebLinkAboutPD-61-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV92003 .GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # 2iA-LL(2-4 A--2--0 6`5' Date: Monday, March 16, 1992 Res. # PD-61-92 DEV 92-003 (X-REF OPA/N 92-001, OPAW4tLG43--&- - Report#: File #: Subject: REZONING APPLICATION - VALIANT PROPERTY MANAGEMENT PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 92-003 (X-REF OPA/N 92-001, OPA/D 92-003 & NPA 92-001) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-61-92 be received; 2 . THAT the Rezoning and Site Plan application submitted by Valiant Property Management on behalf of Halloway Holdings Ltd. be referred back to Staff for further review and a subsequent report at such time as all outstanding comments have been received and the related Official Plan Amendments have been dealt with and all issues resolved; and 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Halloway Holdings Ltd. 1. 2 Agent: Valiant Property Management 1. 3 Rezoning Application: from "Special Purpose Commercial (C5) 11 and "Urban Residential Type One (Rl) " , "Urban Residential Type One - Holding ( (H)R1) 11 and "Urban Residential Exception - Holding ( (H)R3-10) " to an appropriate zone to permit the development of a 8082 m2 (87000 sq. ft. ) commercial shopping centre, including retail, personal and financial uses. 1.4 Related Applications: Durham Region Official Plan Amendment Newcastle Official Plan Amendment Courtice West Neighbourhood Plan Amendment . . . .2 REPORT NO. PD-61-92 PAGE 2 1. 4 Land Area: 3 . 3 ha. (8.0 acres) 2. LOCATION 2 . 1 The subject property is located in Part Lot 35, Concession 2, Former Township of Darlington. The consolidated land holding has frontage on the north side of Highway No. 2, the east side of Townline Road North (Regional Road 55) , and the south side of Nash Road. The land parcel includes the following municipal addresses 1406 inclusive to 1414 Highway No. 2, 3 inclusive to 17 Townline Road North and 1403 inclusive to 1415 Nash Road. 3. BACKGROUND 3 . 1 The subject Zoning By-law Amendment and Site Plan Approval applications were received by the Town of Newcastle Planning and Development Department on January 10, 1992 . Applications for amendment to the Newcastle Official Plan and the Courtice West Neighbourhood Plan were submitted simultaneous to the rezoning proposal. On February 3, 1992 Planning Staff received notice of a Durham Region Official Plan Amendment as circulated by the Region of Durham Planning Department. 3 . 2 The applicant proposes to develop a commercial plaza having one main building mirroring the plaza on the west side of Townline Road and a second separate building containing a drive-through restaurant. The proposal surrounds the existing fuel bar/car wash and the veterinary clinic on the corner of Highway No. 2 and Townline Road North. The total floor space proposed equals 8082 m2 (87000 sq. ft. ) . This includes a 3252 m2 (35000 sq. ft. ) supermarket, 4552 m2 (49000 sq. ft. ) of retail floor space and a 278 m2 (3000 sq. ft. ) take-out restaurant. 4 EXISTING AND SURROUNDING USES 4 . 1 The existing site is partially vacant and graded with . . . . 3 � ° 1. REPORT NO. PD-61-92 PAGE 3 residential dwellings remain on portions of the site fronting on Townline Road North and Nash Road. 4. 2 Surrounding land uses are as follows: South: Highway No. 2 existing commercial plazas and residential. East: existing residential structures and automobile dealership on Highway No. 2 and residential development on Bridle Court and fronting on the south side of Nash Road. North: existing residential dwellings fronting on Nash Road and Townline Road North. West: V-plus fuel bar and car wash, the East Oshawa Animal Hospital Veterinary Clinic and commercial development on west side of Townline Road north. 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 each frontage of the subject lands. In addition the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance, as well as the City of Oshawa. 5. 2 Letters of concern regarding the proposal have been received by the Town from neighbouring land owners. The issues raised by the residents relate mainly to site plan issues, such as location of delivery lanes between the commercial building and their residential properties. The proposed location of garbage dumpsters, the location of the drive through restaurant and the lay out of the parking are all noted concerns. Issues of a more general nature resulting from the proposed commercial development include greater traffic congestion, increase of . . . .4 €J0J REPORT NO. PD-61-92 PAGE 4 crime and vandalism, increase noise, the potential of becoming a hang out for school children and a decrease of market value to existing residents. 6 OFFICIAL PLAN POLICIES 6. 1 Within the current Durham Regional Official Plan the subject property is designated "Residential" . The predominant use of lands so designated shall be for housing purposes. 6. 2 In the Durham Region Official Plan as adopted by Regional Council on June 5, 1991, the subject property is designated within the Sub-Central Area. The sub-central area designation identifies lands on both the Oshawa and Newcastle side of Townline Road at Highway No. 2 . Commercial floor space development in the Courtice Corridor is permitted to a maximum of 20, 000 m2 (215, 000 sq. ft. ) . Sub-Central areas are to be planned and developed similar to, but generally smaller in scale than, a main central area. Central areas are to develop as the focal point of culture, art, entertainment and assembly through the provision of public squares. They should be based on a mix of uses and grid system of roads and walkways and have provision for potential transit. The applicant has filed an application for an Official Plan Amendment with the Durham Region Planning Department. The application is to permit the commercial development at the scale proposed. Although the 8082 m2 of commercial floor area is considerably less than the 20, 000 m2 of the sub-central area maximum, the size of the proposed development would exceed the commercial floor space allocated and would negatively impact other lands commercially designated and undeveloped within the sub-central area designation. 6. 3 The Town of Newcastle Official Plan, has recently been amended . . . .5 '. 0 4 REPORT NO. PD-61-92 PAGE 5 through the Courtice West Corridor Study. The amendment as approved by both the Town and Regional Council's designates the subject property as "Residential" and "Gateway Commercial Area" . The Official Plan Amendment dealing with the commercial designation is currently before the Ministry of Municipal Affairs for approval. The portion of the lands designated gateway commercial area are further identified as Policy Area "B" Special Purpose Commercial. Lands designated as such are intended to serve the needs of residents on an occasional basis with services and facilities which consume larger parcels of land, are larger in floor area and require exposure to traffic. The policies allow second storey office uses on lands that have consolidated into parcels with greater than 80 metres of frontage. In addition retail and personal service uses with lessor floor area than the special purpose commercial uses may be permitted to a maximum of 30% ground floor coverage. The uses proposed through the application would not appear to be in keeping with either of the current designations, hence the application for amendment. 6.4 The Courtice West Neighbourhood Plan designates the subject lands as Special Purpose Commercial and Medium density residential reflecting the designations of the recent amendment to the Town of Newcastle Official Plan (Courtice West Corridor Study) . The proposal as submitted would appear to require an amendment to the Neighbourhood Plan to a "General Commercial" designation. 7 ZONING 7 . 1 The current zoning on the subject property is "Special Purpose Commercial (C5) 11 , "Urban Residential Type One - Holding ( (H)R1) ", "Urban REsidential Type One (R1) " and "Urban Residential Exception - Holding ( (H)R3-10) . The uses permitted . . . . 6 ,.; D, REPORT NO. PD-61-92 PAGE 6 in the 1105" zone are generally in compliance with the Policy Area "B" Special Purpose Commercial designation of the Gateway Commercial Area policies. The uses permitted would typically occupy larger tracts of land. The 11 (H)R1" zone would permit single family dwellings and semi-detached/link dwelling units. The 11 ( (H)R3-10) " permits duplexes, townhouses and apartments. Both zones are subject to the removal of the 'Holding (H) ' provision. The proposal does not comply, hence the Zoning By- law Amendment application. 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 the majority of the circulated agencies. The Fire Department advised that the subject lands will be serviced by Station No. 4 in Courtice and that should the application be approved detailed plans will be required to ensure compliance with Ontario Building Codes and Fire Codes. The Public School Board advised they have no objection subject to sidewalks being provided on the perimeter of the site. 9 STAFF COMMENTS 9. 1 The application for zoning by-law amendment proposes to rezone the subject lands to permit 8082 m2 (87000 sq. ft. ) of commercial floor space for retail, personal and financial uses. Prior to implementation of an amendment to the comprehensive zoning by-law, an amendment to both the Region and the Town's Official Plan are required. Furthermore a neighbourhood plan amendment is also required. These amendments must all be approved prior to further consideration of the application for Zoning By-law amendment. . . . .7 506 REPORT NO. PD-61-92 PAGE 7 9.2 The applicant has submitted a market demand and impact analysis prepared by Larry Smith & Associates in support of the application. Staff have not completed a detailed examination of the study at this early stage of review. The Region of Durham Planning Department Staff have indicated that they will require the applicant to pay for an independent peer review of the report submit and further advise as to scale impact and appropriateness of the development. 9. 3 Staff have several concerns with the appropriateness of the application and the potential impact on current designated developed and undeveloped commercial lands in Courtice. However, these issues and others will be discussed in more detail with the applicant following the peer review to be conducted in conjunction with the Regional Planning Staff, as well as a thorough review of the supporting documentation and input from circulated agencies. 9. 4 With respect to the site plan, Staff will not carry out any detail review until such time, if and when the principles of development through the Official Plan Amendment is established. 10 CONCLUSION 10. 1 The purpose of this report is to facilitate the Public meeting for the Zoning By-law Amendment only 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. A separate public meeting dealing with the amendment to the Town's Official Plan will be facilitated at a latter date as required by the Planning Act. 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-61-92 PAGE 8 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. Lawrence E Kotseff DIrector of Planning Chief A i istrative and Development Officer CP*FW*cc Attachments: Key Map Site Plan 9 March 1992 Interested parties to be notified of Council and Committee's decision: Halloway Holdings Limited 177 Nonquon Road 20th Floor OSHAWA, Ontario L1G 3S2 MAN All i - �► � w 'fF' i vv NASH ROAD ..� � iii . .SUPERMARKET 5 I❑O_ I� 33.=>F s DEVELOPMENT DATA: C.R.U. 4 SET 35.000 S.F. 3251.6 S.M. soAOn C E 5 pE7Ail STORES 49.000 S.F. 45523 S.M. £ ( �•--� RESTAURANT 3.000 S.F. 2W S.M. TOTAL- 87.000 S.F. 8082.6 S.M. EXISTING KWGSWAY -"I VILLAGE 0 PARKING PROVIDED: 496 CARS C.R.U. a SITE PLAN yNV3 FOG VV 2 PROPOSED SHOPPM PLAZA NEW TOWNLINEROAD NEW CASTLE" ONURW FOR:VALIANT PROPERTIES Pphoff ,�� . — 91104