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Home My WebLink AboutPD-1-90 TOWN OF NEWCASTLE r � * '� ,IZA.GPA 1, REPORT File # 0 -3�. 5� Res. # By-Law # --- =_ PUBLIC MEETING NESTING: General Purpose and Administration Committee DATE: January 8, 1990 REPORT #: PD- 1 -90 FILE #: DEV 89-101 (X/REF: 89-93/D/N) SUB.ECT: REZONING APPLICATION - R.H. GAY HOLDINGS LTD. & LIZA DEVELOPMENT CORP. - PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON - FILE: DEV 89-101 APPLICATION FOR + 38000 SQ.FT. COMMERCIAL/RETAIL COMPLEX RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 1 -90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Gay Property Management on behalf of R.H. Gay Holdings Limited and Liza Development Corporation be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 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: Gay Property Management 1.2 Owner: R.H. Gay Holdings Limited/Liza Development Corp. 1. 3 Official Plan Amendment: From "Special Purpose Commercial Node and Residential Area" to "Local Central Area" . . .2 "Al REPORT NO. : PD- 1 -90 PAGE 2 1.4 Rezoning: From "Special Purpose Commercial Exception (C5-5) " and "Holding-Urban Residential Type One ( (H)R1) " to an appropriate zone to permit a 38000 + sq.ft. retail/commercial complex. 1.5 Area: 1.24 hectares (3. 075 acres) 2 . LOCATION: 2 . 1 The subject property is located in Part Lot 28, Concession 2, former Township of Darlington on the south east corner of Courtice Road and Highway No. 2 . 3. BACKGROUND: 3. 1 On August 3, 1989, the Town of Newcastle Planning Department received the above-noted application. The original submission proposed two buildings for retail/commercial purposes, occupying a total of 35000 + square feet of floor space, and a self serve gas bar. An application for Site Plan approval was also submitted on this date. 3 .2 The Town of Newcastle Planning Department received notification on August 18, 1989, from the Durham Region Planning Department that an Official Plan Amendment has also been submitted on the subject property. 3 . 3 This proposal has since been revised dated December, 1989, and it reveals a single one storey commercial/retail building (approximately 38000 sq. ft. ) . This new proposal no longer possesses a gas bar. . . .3 502 REPORT NO. : PD-1-90 PAGE 3 4. EXISTING AND SURROUNDING USES: 4 . 1 Existing Uses: The subject property has three (3) single family dwelling units (two to be demolished) , two frame garages and one shed. The northwest corner of the property is presently being used as a parking area for the Roy Nichols Car dealership located across Courtice Road. 4 .2 Surrounding Uses: East: Existing Residential West: Roy Nichols Car Dealership South: Existing Residential North: Auto Body Repair Shop 5. OFFICIAL PLAN POLICIES: 5. 1 Schedule A5 of the Durham Regional Official Plan appears to indicate that the subject property is designated as a "Residential Area" . Section 8. 1.2 . 1c. states that "Limited retail and personal service uses may be permitted in Residential Areas as an exception, subject to the respective District Plan and/or the respective restricted area (zoning) by-law" . Hence an amendment to the Durham Regional Official Plan is warranted. 5.2 It appears that the Town of Newcastle Official Plan designates the property as "Special Purpose Commercial Node" and "Residential" . The predominant use permitted on lands designated "Residential" shall be residential dwellings . Section 6 .5 .2 .iv(d) states that "Special Purpose Commercial uses shall serve the needs of the . . .4 X03 REPORT NO. : PD- 1 -90 PAGE 4 residents on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic . . . " . Hence an amendment to the Official Plan is warranted in order to permit the proposed development. 5 .3 Schedule 1 of the Courtice South Neighbourhood Plan shows the property designated as "Special Purpose Commercial" and "Residential" . Hence the Neighbourhood Plan must also be amended in order to permit the proposed development. 6 . ZONING 6 . 1 The property in question is presently zoned "Special Purpose Commercial Exception (C5-5) " and "Holding-Urban Residential Type One ( (H)R1) " . In areas zoned "R111 , commercial/retail uses are not permitted. "Special Purpose Commercial Exception (C5-5) " zone permits a retail sales and/or service establishment for furniture, major appliances, recreational vehicles and motor vehicles . 7 . PUBLIC MEETING AND SUBMISSIONS: 7 . 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 within the prescribed distance. 7 .2 As of the writing of this report, no written submissions have been received. However, several counter enquiries were made in respect to this application. . . .5 504 REPORT NO. : PD- 1 -90 PAGE 5 8 . COMMENTS FROM AGENCIES: 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department; Durham Region Department of Health; and Ministry of Natural Resources 8 .2 Town of Newcastle Community Services Department stated that the prominent location of this proposal warrants "More tasteful treatment through architecture and landscape treatment: , and that the building should be situated closer to the corner, with parking placed in a less prominent location. This Department also requested that 2% dedication for parkland be accepted as cash-in- lieu. 8 . 3 The Town of Newcastle Public Works Department has no objection, in principle, to this particular application. However, they believe that the application for site plan approval is premature until such time as engineering drawings have been submitted. 8.4 Comments addressing the revised application have yet to be received from Central Lake Ontario Conservation Authority, Regional Planning, Regional Works, Ministry of Transportation, Ministry of Environment and Ontario Hydro. 9 . STAFF COMMENTS: 9 . 1 The applicant is applying to amend the Durham Regional Official Plan and Town of Newcastle Official Plan from "Special Purpose . . . 6 705 REPORT NO. : PD- 1 -90 PAGE 6 Commercial Area" and "Residential" to "Local Central Area" . Section 6 .5 .2 ii. of the Town of Newcastle Official Plan states that a "Local Central Area" shall serve the day-to-day needs of the residents of the surrounding residential areas. Staff note that an application to amend the Neighbourhood Plan was received December 17 , 1985. This amendment proposed a small retail plaza (610 sq.m. ) with a gas bar. Since the original submission of this application, not only have revisions been made to the proposed development, but additional lands have been included in this most recent proposal. Hence, Staff are requesting the applicant to revise the original application to amend the Neighbourhood Plan. 9 .2 The applicant has also been informed that the submission of a Retail Impact Study is required. At the time of the writing of this report, the Planning Department has yet to receive the above- noted study. 10 . CONCLUSION: As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act, and in consideration of the agency comments outstanding, it is recommended that the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee r Franklin Wu, M.C.I .P. Law ence E. Kots f , M.C. I.P. Director of Planning Chief Administrative Officer and Development HM*FW*jip 21 December 1989 . . . 7 506 REPORT NO. : PD- 1 -90 PAGE 7 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: R.H. Gay Holdings Limited P.O. Box 2065 OSHAWA, Ontario L1H 7V4 Liza Development 16 Sims Crescent Unit 16 RICHMOND HILL, Ontario L4B 2P1 507 NNJ LN rn I � C cn � C. m v COURTICE ROAD U" ■��COURTICE- OmiGROAD�� 1 3 r -4 � GGGGGI D __ m CC). i I ZI CD NI 0 n % I --4 6k HANCOCK ROAD I HHN .-..---... NfNNNNNMNM HNNNNN H11N1H111N1/N1NN11NN11111O.....iN1N11N11Ni1i11N1HiiY_:311NNiN1NN1MHNN1h1H 1NINNNINI . CONCESSION 2