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Home My WebLink AboutPD-32-90 TOWN OF NEWCASTLE SUE REPORT File 5 Res. # PUBLIC MEETING By-Law # I NOTING: General Purpose and Administration Committee DATE: Monday, January 22, 19 9 0 REPORT #: PD-32-90 FILE #: DEV 89-119 REZONING APPLICATION - ALLAN E SUB.�CT: su PART LOT 32, CONCESSION 2, DARLINGTON FILE: DEV 89-119 RECOMMENDATIONS: It is respectfully recomme nded that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-32-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Alan Sue be DENIED as it does not conform to the policies of the Courtice South Neighbourhood Plan and is 'not considered appropriate for the development of the area; and 3. THAT a copy of Council 's decision be forwarded to the interested parties attached hereto. i I 1. APPLICATION DETAILS 1. 1 Applicant: R back Consultants Ltd. on behalf of Mr. Allan Sue. PP Y 1 .2 Rezoning: From - "Urban Residential Type One (R1) " to an appropriate zone to permit a proposed 2600 sq. ft. commercial development. 1. 3 Area: 1452 m2 (0. 37 acres) II I . . .2 J it REPORT NO. : PD-32-90 PAGE 2 it 2 . BACKGROUND i 2 . 1 On September 13, 1989, application was received by the Town of Newcastle Planning and Development Department for proposed amendment to the Town's Comprehensive Zoning By-law 84-63, as amended. The application proposes to rezone a lot from "Urban Residential Type One (R1) " , icontaining a single family dwelling unit, to allow a development of up to 2600 sq. ft. (240 m2) of commercial floor space. 3 . LOCATION 3 . 1 The subject property is located in Part Lot 32, Concession 2, former Township of Darlington. The lot is on the south side of Highway 2, between Sandringham Drive and Prestonvale Road. The lot has approximately 100 ft. (30 m) frontage on Highway # 2 . 4 . EXISTING AND SURROUNDING USES i i 4 . 1 The subject lands currently house a one storey dwelling with attached garage. The property has been used residentially since at least 1948 . 4.2 Surrounding Land uses include: east: immediately adjacent to the subject property is a residential lot, further east is a residential dwelling with a home occupation (hair salon) and then an auto repair shop. west: immediately adjacent to the subject site is a residential lot, further west is a commercial plaza currently under construction. south: residential newly (developed subdivision. north: scattered residential I I f� 7 � . . .3 REPORT NO. : PD-32 -90 PAGE 3 II 5 . PUBLIC NOTICE AND SUBMISSIONS 5 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the applicatioln was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distanlce. As of the writing of this report, no written submissions have been received. 6 . OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Region Official Plan the subject property is designated "Residential" . The predominant use of lands so designated shall be for residential purposes . However, limited commercial uses may be permitted as an exception without Official Plan Amendment, subject to the inclusion of the appropriate provisions in the restricted area by-law. 6 .2 Within the Town of Newcastle lOfficial Plan the subject property is designated as "Residential" .' Within the Residential policies of Newcastle Official Plan the predominant use shall be for housing purposes, however, convenience commercial facilities to serve the day to day needs of the residents may be permitted, provided such uses are compatible with their surroundings. 6 . 3 Within the Courtice South Neighbourhood Plan the g , subject property is designated "Residential" .i Development within this designation of the neighbourhood plan ( shall be predominantly for housing purposes . The neighbourhood plan designates "convenience commercial" sites in various locations within the courtice Urban Area. The proposed site however, is not identified for conveneince commercial uses and therefore does not conform to the Neighbourhood Plan. . . . 4 REPORT NO. : PD-32-90 PAGE 4 7 . AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. To date, comments have beenlreceived from all but two (2) of the t circulated agencies: Regional Public Works Department and Ontario Hydro. 7 .2 The Town of Newcastle Public Works Department noted no objection to the application in principle, subject to conditions of approval as follows: that the applicant/owner provides a cash contribution for concrete sidewalks on Highway No. 2 ($80 . 00 m x 30 .5 m = $2440 . 00) and illumination ($75 . 00 per m x 30 .5 m = $2287 .50) ; and that the applicant/owner provides a Master Drainage Study and Lot Grading Plan satisfactory to the Director of Public Works . 7 . 3 The Regional Planning Department noted the property is designated "Residential" in both the Regional and Town Official Plans . The major use of lands so designated shall be for housing purposes . However, without necessity for amendment to the Durham Plan or the Town Plan convenience commercial development may take place. 7 .4 Ministry of Transportation Ontario have reviewed the subject proposal and are not in a position to allow the upgrading of the existing residential entrance to a commercial entrance standard to accommodate the proposed use The subject property is located in a 70 km per hour speed zone. ' In order to qualify for a commercial entrance the lot must have a 40 .5 metre frontage. The subject lands fall considerably short of this requirement. 7 .5 The following agencies have provided no objection or comment to the application: Newcastle Fire Department; Newcastle Health; and Central Lake Ontario Conservation Authority. 5 X38 . . . REPORT NO. : PD-32-90 PAGE 5 i I 8. STAFF COMMENTS i 8 . 1 It is noted that the application for zoning by-law amendment to permit a convenience commercial use is in contravention to the Neighbourhood Plan. Currently a convenience commercial plaza containing 840 m2 exists at the corner of Prestonvale Road and I Highway # 2 . Application has also been received to expand said facility 450 m2 to the southi. Staff is of the opinion that there is and will have sufficient convenience commercial development to serve the neighbourhood. 8.2 The proposed convenience commercial in this location would I encourage undesirable and unplanned strip commercial development along Highway # 2 . Further,l' it is noted that a Community Central Area is designated for the south east corner of Trulls Road and # 2 . The Town must protect the designated commercial locations in the Official Plan and Neighbourhood Plan prior to introducing new commercial components . 8 .3 Comments from the circulation process have further revealed that the Ministry of Transportation Ontario will not support the application, as there is insufficient frontage to allow for a commercial access within a 70 km speed zone. 9 . CONCLUSION 9 . 1 In consideration of the comments above, Staff is of the opinion i that the proposed Commercial 'Development is undesirable and should be DENIED. I III t . . . 6 D39 i REPORT NO. : PD-32-90 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. La renc Kotseff DIrector of Planning Chief nistrative and Development Officer CP*FW*cc *Attach 15 January 1990 Interested parties to be notified of Council and Committee's decision: Allan Sue 456 Division Street COBOURG, Ontario K9A 3S2 Ryback Consultants 1461 Ithaca Court MISSISSAUGA, Ontario L5J 4L1 I jl 540 iiii R r:rn �rr_14 III Jill oil CIACMIRWI.: T � T � •� V • Y •' •