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Home My WebLink AboutPD-30-90 TOWN OF NEWCASTLE t S REPORT File #(, DELBERT Res. # By-Law # PUBLIC MEETING SING: General Purpose and Administration Committee DATE: Monday, January 22, 19 9 0 REPORT #: PD-30 -90 FILE #: DEV 89-111 (X-REF: OPA 89-105/D/N) SUBJECT: OFFICIAL PLAN AND ZONING AMENDMENT APPLICATION DELBERT CONSTRUCTION CORPORATION PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF CLARKE FILE: DEV 89-111 (X-REF: OPA 89-105/D/N) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 30 -90 be received; 2 . THAT the applications to amend the Durham Regional Official Plan, the Town of Newcastle Official Plan and the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, be referred back to Staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; 3 . THAT the applicant be required to provide a retail market analysis to justify the additional retail and personal service floor space prior to the further consideration of the application; and 4. THAT a copy of Committee and Council's decision be forwarded to the interested parties attached hereto. 1. BACKGROUND i 1. 1 On September 13, 1989, the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application to amend the Town of Newcastle Official Plan and the Durham Regional Official Plan in order to permit a mixed use development comprised of approximately 6400 square metres of commercial and office floor space as well as residential uses. . . .2 516 REPORT NO. : PD- 30 -90 PAGE 2 1.2 On September 15, 1989, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law in order to implement the above-noted development. 1. 3 The subject property is an irregular shaped parcel consisting of approximately 1.75 hectares (4. 33 acres) and is located in Part of Lot 30, Concession 2, in the former Village of Newcastle. 2 . PUBLIC NOTICE 2. 1 For the Committee's information, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was erected on the subject lands and the appropriate notice was mailed to each landowner within the prescribed distance. 2 .2 As of the writing of this report, the Planning and Development Department has not received any public submissions with respect to the subject application. 3. OFFICIAL PLAN CONFORMITY 3 . 1 Within the Durham Regional Official Plan and the Town of Newcastle Official Plan, the subject property is designated Residential. As the primary use of lands so designated is intended to be for residential purposes, the applicant has applied to amend both the Durham Regional Official Plan and the Town of Newcastle Official Plan in order to develop the property for a mixed use purpose. 4 . ZONING BY-LAW CONFORMITY 4 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is zoned "Holding - Urban Residential Type One ( (H) R1) " . As commercial and office uses of the size and magnitude -517 . . . . 3 REPORT NO. : PD- 30 -90 PAGE 3 proposed in the current application are not permitted, the applicant has applied to appropriately rezone the subject property. 5. AGENCY COMMENTS 5 . 1 The subject application was circulated to various agencies by the Town of Newcastle Planning and Development Department. The following provides a summary of comments received to date. 5 .2 The Community Services Department has reviewed the proposal and has no objection to the application subject to the residential component being calculated as cash-in-lieu on the basis of 1 hectare per 300 dwelling units and the commercial component being calculated as cash-in-lieu on the basis of 2% of the entire site with the total funds realized being credited to the Parks Reserve Account. 5 .3 The Town of Newcastle Public Works Department has reviewed the subject application and offers no objection to the proposal, subject to the provision of certain regulatory conditions. Firstly, that a 3.90 metre road widening be dedicated to the Town on Given Road. Secondly, that a 3.05 metre road widening be dedicated to the Town on Rudell Road. Thirdly, that all of the Town's standard conditions with regards to easements, roads, services and grading be complied with. 5 .4 The Ministry of Transportation has reviewed the subject application and offers no objection to the proposal but notes that all access to the subject property will be restricted to one commercial entrance with no additional access to Highway # 2 . Furthermore, any new buildings will have to be set back a minimum distance of 14 m (45 . 93 feet) from the property line. 5.5 The balance of the circulated agencies which provided comments with respect to the subject application are the Town of Newcastle Fire 5- 18 . . .4 REPORT NO. : PD- 30 -90 PAGE 4 Department and the Ganaraska Region Conservation Authority. Neither of the aforementioned agencies/departments provided objectionable comments. The Regional Planning Department and the Regional Works Department have yet to respond. 6 . STAFF COMMENTS 6 . 1 The applicant is proposing to amend the Durham Regional Official Plan, the Town of Newcastle Official Plan and the Town of Newcastle Comprehensive Zoning By-law in order to permit the development of an 8600 square metre plaza with a mixed commercial, office and residential component. 6 .2 Staff would note that the commercial/retail component of the proposed development totals 6400 square metres (68,891 square feet) . In addition, the Town of Newcastle Planning and Development Department is currently processing an application (DEV 89-124) located at the south-east corner of Highway # 2 and the Arthur Street road allowance, for a 5000 square metre (53 821 square foot) plaza. The Durham Regional Official Plan has established 9290 square metres ( 100 000 square feet) as the maximum gross retail and personal service floor space for the Newcastle Village Small Urban Area. Therefore, it can be determined that, given the existing commercial establishments within the Main Central Area for Newcastle Village, the two most recent commercial applications will have the effect of exceeding the maximum gross retail and personal service floor space allowable for the Newcastle Village Small Urban Area. 6 .3 For the Committee's information, Section 8 .2 .3.7 of the Durham 4 Regional Official Plan states that "prior to passing an j implementing restricted area (zoning) by-law for new development, i the Council of the respective area municipality may require a retail analysis to justify the additional retail and/or personal service floor space" . Given the nature and magnitude of the subject application, and commercial development as a whole in . . .5 5 1i 9 REPORT NO. : PD- 30 -90 PAGE 5 Newcastle Village, the Planning and Development Department recommends that the General Purpose and Administration Committee recommend to Council that this option be exercised. 6 .4 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act and in consideration of the comments outstanding and the concerns previously outlined in this report, the Planning and Development Department recommends that the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence Kotseff Director of Planning Chief A �f�� 'strative and Development Offices// WM*FW*cc *Attach 4 January 1990 Interested parties to be notified of Council and Committee's decision: V Delbert Construction-Corporation 5460 Yonge Street Suite 212 North York, Ontario I M2N 6K7 i Tunny Planning Inc . 340 Byron Street South Suite 200 Whitby, Ontario L1N 4P8 i I i i l 520 (H)RI x:1$1 : ► vr AP Ty ell- td:la�l:7•1: 7 Q •