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HomeMy WebLinkAboutPD-58-90 TOWN OF NEWCASTLE REPORT Fi le • 828741 Res. # By-Law # ( TIN,: General Purpose and Administration Committee DATE: Monday, February 5, 1990 REPORT #: PD-58-90 FILE #: DEV 89-63 SUBJECT: REZONING APPLICATION - 828741 ONTARIO LIMITED PART LOT 30, CONCESSION 2, VILLAGE OF NEWCASTLE FILE: DEV 89-63 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-58-90 be received; and 2 . THAT rezoning application DEV 89-63, submitted by 828741 Ontario Limited, on behalf of Mr. and Mrs . Bould to permit 500 m 2 convenience commercial development be held in abeyance pending a master plan to be prepared for the triangular land parcel bounded by Highway 2, Given Road and Ruddell Street. 1. APPLICATION DETAILS 1. 1 Applicant: 828741 Ontario Limited 1.2 Rezoning: From - "Urban Residential Type One - Holding ( (H)R1) " to an appropriate zone to permit the development of a 500 m2 convenience commercial development. 1. 3 Area: 0 . 392 acres ( 0 . 16 ha) . . .2 REPORT NO. : PD-58-90 PAGE 2 2 . BACKGROUND 2 . 1 In May 1989, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive zoning By-law 84-63, as amended, as well as an application for site plan approval. The application was submitted by 828741 Ontario Limited on behalf of John and Barbara Bould. The application as submitted seeks to establish a commercial development to serve the day to day needs of area residents . The proposed floor area of the building is 500 m2 (5400 sq. ft. ) . The application originally proposed an access on Highway 2 as well as on Given Road. The site plan has since been revised to provide access only on Given Road. 3 . LOCATION 3. 1 The subject lands are located in Part Lot 30, Concession 2 , in the former Village of Newcastle. The property is located on the north side of Highway # 2, south of Given Road, approximately mid-point between Ruddell Road and the intersection of Highway #2 and Given Road. 4 . EXISTING USES 4 . 1 The site presently houses one ( 1) residential dwelling which is proposed to be demolished to allow the proposed development. 4 . 2 Surrounding land uses include: east - vacant land north - limited residential, agricultural lands presently under consideration for a proposed plan of subdivision. west - an apple orchard, these lands are under application for Official Plan Amendment, rezoning and site plan to permit a mixed use development. south - developed residential subdivision. 7 6 REPORT NO. : PD-58-90 PAGE 3 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 application was installed on the subject lands. In addition the appropriate notice was mailed to each landowner within the prescribed distance. 5 .2 The required Public Meeting was scheduled for and held on September 5, 1989 . At the meeting Mr. Stephenson circulated a letter of opposition for the Committee consideration. The letter stated that a commercial facility, associated traffic, surplus garbage, etc, can not be tolerated in a residential neighbourhood and further stated that no approval should be given until an overall plan for the triangle is in place. Mr. Tunney on behalf of his client wished to make Committee aware that they are not opposed to the proposal however, will be submitting applications for the adjacent lands . 6 . OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated as a "Residential Area" within the Newcastle Village Small Urban Area. The predominant use of lands so designated is for housing purposes . However, under Section 8 . 1.2 . 1 a) , convenience commercial development are permitted provided they are compatible with their surroundings. 6 .2 Within the Town of Newcastle Official Plan the subject property is designated as a "Residential Area" . The Town Official Plan indicates that permitted uses in Residential Neighbourhoods includes convenience commercial facilities oriented to servicing the day-to-day needs of the neighbouring residents . However, these convenience commercial centres must also comply with Section 8 .2 .6 .2 (1) which states: 577 _ . . .4 REPORT NO. : PD-58-90 PAGE 4 "Convenience Commercial a) Convenience Commercial facilities may be permitted in areas designated as Residential and shall be developed to provide items of daily necessity for the residents of the immediately surrounding neighbourhoods . b) Convenience Commercial facilities may be permitted in accordance with projections of need. c) As a general guideline, the maximum gross retail and personal service floor space shall be 500 square metres . d) Convenience Commercial facilities shall be located as close as possible to major pedestrian and vehicular routes and designed in keeping with the character and setting of the surrounding residential area. " The applicant intends to establish a convenience commercial facility on the site, the proposal would appear to conform to both the Durham Region Official Plan and the Town of Newcastle Official Plan. 7 . AGENCY COMMENTS 7 . 1 In accordance with departmental procedures, the application was circulated to a number of agencies/departments having a potential interest in the application. The following agencies commented with an unconditional no objection: Newcastle Hydro Electric Commission and Ganaraska Conservation. 7 .2 The Town of Newcastle Public Works Department Staff commented they have no objection to the principle of the rezoning. However, all comments regarding engineering concerns are withheld until such time complete site plan drawings are submitted. 7 . 3 The Town of Newcastle Community Services Department Staff commented that they would have no objection to the rezoning application provided a 2% cash-in-lieu of parkland dedication is received. 7 .4 The Town of Newcastle Fire Department Staff noted the subject site falls within the recognized response area of Station # 2 in . . .5 REPORT NO. : PD-58-90 PAGE 5 Newcastle Village. The response further commented should the application be approved it is recommended no permits be issued until access routes are in place and adequate water for fire protection in accordance with the provisions of the Ontario Building Code is available. 7 .5 Regional Health Department Staff's investigation of the application provided no objection to its approval with the understanding that the property will be fully serviced. 7 .6 Regional Public Works Department Staff also commented stating no objection to the proposal. However, the applicant will be required to enter into a site servicing agreement prior to development taking place. 7 . 7 Regional Planning Staff through their review of the application commented that the subject lands are designated "Residential" in both the Regional and Local Official Plan. Section 8. 1. 2 . 1 a) and c) of the Durham Plan permits convenience commercial, limited office development and limited retail and personal service uses in residential areas . The Newcastle Plan- permits convenience commercial type uses, servicing day to day needs of surrounding residents, in residential area. 7 .8 Ministry of Transportation Ontario officials commenting on the original application advised that this property has inadequate frontage to qualify for a commercial entrance permit from said Ministry. The application has been revised providing all access to Given Road only. Verbal comments from the Ministry Staff have suggested that no objection will be forwarded on the revised proposal providing Ministry of Transportation Ontario minimum setbacks are maintained for all structures ( 105 ft. from centreline of the Right-of-way) , permits are to be obtained from the Port Hope office prior to any construction and removal of existing residential access and restoration of ditch will be required. REPORT NO. : PD-58-90 PAGE 6 8 . STAFF COMMENTS 8. 1 The subject application proposes to develop a 500 sq. m floor area convenience commercial development within a "Residential" designation. The application would have visibility from Highway # 2 but the only access would be on Given Road. Both Official Plans permit a convenience commercial development within a "Residential" designation and the proposal appears to conform to the criteria set out in the Official Plan for the proposed commercial use. 8 . 2 The proposed application has been revised to only provide access from Given Road. The Site Plan for the subject application has not been detailed sufficiently to date, to allow the Site Plan Agreement to be signed. In providing further details the applicant must satisfy Town of Newcastle Public Works Department with respect to all site engineering requirements; the applicant will enter into an agreement with the Regional Public Works for servicing to the site; the applicant will provide such details as loading spaces; garbage bin location; building elevations, construction material and colour; floor plans; landscape details including fencing, vegetation type, number, and size; pedestrian walkways, including full accessibility details. 8. 3 Residents concerns with regards to the appropriateness of the proposal are addressed through the Official Plan policies . Design concerns surrounding location of garbage refuse containers will be addressed through Site Plan approval. Traffic does not appear to be of any concern as the development will be limited to access on Given Road. 8.4 Notwithstanding the above comments, Staff noted that Council, at its meeting held on January 29, 1990 adopted the following resolution: . . .7 580 REPORT NO. : PD-58-90 PAGE 7 "THAT the application 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 considered only after review of a total Master Plan of the area comprised of a triangle of land located at the North East COrner of Highway # 2 and Ruddell Road" 8 .5 In view of the said resolution it would be prudent to defer any decision in the subject application until such Master Plan is prepared. For the information of the Committee, this Master Plan is unlikely to carried out this year due to limited Staff resources, and other priorities where deadlines must be met. Respectfully submitted, Recommended for presentation to the Committee tr Franklin Wu, M.C.I .P. Lawrence,'. Kotseff DIrector of Planning Chief Aam�nistrative and Development Officer,,' FW*cc *Attach 31 January 1990 Interested parties to be notified of Council and Committee's decision: 828741 Ontario Limited Walker Gold Fox and Schwarz 2040 Yonge Street, Suite 300 TORONTO, Ontario M4S 1Z9 Tunney Planning 340 Byron Street South Suite 200 WHITBY, Ontario L1N 4P8 . . . 8 REPORT NO. : PD-58-90 PAGE 8 Dr. and Mrs. W. M. Rudell 102 Given Road NEWCASTLE, Ontario LOA 1HO Mr. & Mrs. David Rickard 80 Given Road NEWCASTLE, Ontario LOA 1HO Mrs. Rickard 64 Given Road NEWCASTLE, Ontario LOA 1HO Mrs . Beth Honeyman 46 Given Road NEWCASTLE, Ontario LOA 1HO Mrs . David Gray R. R. #2 NEWCASTLE, Ontario LOA 1HO John and Barbara Bould 167 Given Road NEWCASTLE, Ontario LOA 1HO Mr. & Mrs. J. C. Stephenson R.R.#2 NEWCASTLE, Ontario LOA 1HO Mr. & Mrs. D. Maskell 320 King Street West NEWCASTLE, Ontario LOA 1HO Mr. & Mrs. D. McCurdy 304 King Street West NEWCASTLE, Ontario LOA 1HO Mr. & Mrs. D. Cunningham 343 King Street West NEWCASTLE, Ontario LOA 1HO Delbert Construction Corp. 5460 Yonge Street Suite 212 NORTH YORK, Ontario M2N 6K7 %� 1 /NI/ININIIYIIINI/11///111NN111 NIIN1I VIII IINNIN111111IINIIIIIIIIIIIIIII/11111/11111111//11111111 NINIi RUDDELL ROAD lo r-- w e t O oo NORTH CA "' Rl 1131_..-�'•" N � O rn �a OD AVER CONCESSION 2 r- 4A a P,/,!z T Lo 30 cot-ac 2 C% X L\j6--6-tt SITS !2.4T� 5ti TIC z ido�oiuc, -"o-(-<Ll GF� "JdI GG M 4 T6 V- - 4L Z kh g S r17 fLce�2 222.96 MZ I�/GCIGIrlG S•:�x2'75 v1 N ' I i 4 r rl7 />o µ,jay 5i FE°ri.'rf Pev(o3Lp Gvt�«1 teG1�l. ©viLpic.tC `",� ^.,� - I- GPA MEETING - FEBRUARY 5, 1989 REPORT PD-58-90 1. THAT Report PD-58-90 be received; 2 . THAT the rezoning application DEV 89-63 submitted by 828741 Ontario Limited to permit the convenience commercial development be APPROVED; 5 3 . THAT the amending by-law be passed at such time Athe applicant satisfies the Town's requirements, financial and otherwise, in the ensuing Site Plan Agreement; and 4 . THAT the Region of Durham Planning Department, those persons listed in this report, and any delegation be advised of Council's decision.