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Home My WebLink AboutPD-51-90 TOWN OF NEWCASTLE REPORT File # `� Res. # USSE By-Law # PUBLIC MEETING MEETING: General Purpose and Administration Committee DATE: February 5, 1990 ROUT #: PD- 51-90 FILE #: DEV 89-124 SLB.ECT: REZONING APPLICATION - REUSSE CONSTRUCTION PART LOT 26, CONCESSION 11 FORMER VILLAGE OF NEWCASTLE FILE: DEV 89-124 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 51 -90 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Alcorn and Associates, on behalf of Reusse Construction be referred back to Staff for further processing and the preparation of a subsequent report, pending the receipt of all outstanding comments . 3. THAT a copy of Council's decision be forwarded to the interested parties attached hereto. 1. BACKGROUND 1. 1 On November 1, 1989, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to permit the development of a 5000 square metre (53281 square feet) commercial plaza. . . .2 REPORT NO. : PD-51 -90 PAGE. . .2 1.2 The subject site is a rectangular shaped parcel approximately 1.24 hectares (3.06) in size and is located at the south-east corner of Highway #2 and the unopened Arthur Street road allowance, but is more formally described as Part Lot 26, Concession 1, 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 installed on the subject lands. In addition, 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. However, the Planning and Development Department has received several telephone and counter inquiries with respect to the subject application. 3. OFFICIAL PLAN CONFORMITY 3 . 1 Within the Durham Regional Official Plan, the subject property is designated as a Residential area. Section 9 . 1. 1 of the Durham Regional Official Plan permits commercial developments under the residential designation within the Newcastle Village Small Urban Area but restricts such development to certain home occupations and convenience store uses which are compatible with their surroundings . 3 .2 Furthermore, the Durham Regional Official Plan has established 9290 square metres ( 100,000 square feet) as the maximum gross retail and personal service floor space within Newcastle . . .3 REPORT NO. : PD- 51 -90 PAGE. .3 Village. The current application proposes the creation of a 5000 square metre (53281 square foot) commercial plaza which represents greater than 50% of the maximum floor space allocated for the entire Village of Newcastle. As of the writing of this report, the Durham Regional Planning Department has yet to respond to the circulation of the proposed Zoning By-law Amendment. Nevertheless, in view of the Residential designation of the subject property and the substantial size of the proposed commercial plaza, it would appear that the application does not conform with the intent of the Durham Regional Official Plan. 3. 3 The Town of Newcastle Official Plan also designates the subject property as a Residential area and Section 8.2 . 1.2 (ii) (d) of the Official Plan permits convenience commercial facilities within the residential designation. However, the maximum allowable commercial or personal service floor space, as established by the Official Plan, is 500 square metres (5328 square feet) . As the application proposes the creation of a 5000 square metre (53281 square foot) commercial plaza, it would, therefore, appear that the application does not conform with the intent of the Town of Newcastle Official Plan. 3 .4 For the Committee's information, the applicant was informed by letter in November of 1989 and in December of 1989, that the application did not conform with the intent of either the Durham Regional Official Plan or the Town of Newcastle Official Plan. The Town of Newcastle Planning and Development Department, however, was advised on January 25, 1990 that the applicant intended to file the appropriate applications with the Regional Planning Department. . . .4 REPORT NO. : PD- 51 -90 PAGE_. . .4 4. ZONING BY-LAW CONFORMITY 4 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned in part General Commercial (Cl) and in part Special Purpose Commercial Exception (C4-2) . ,The Special Purpose Commercial Exception zone recognizes only the existing building supply outlet as a permitted use. Therefore, the applicant has applied to appropriately amend the Zoning By-law in order to permit the development of the commercial plaza. 5. AGENCY COMMENTS 5 . 1 The subject application was circulated to various agencies by the Town of Newcastle Planning and Development Department. However, as the proposed Site Plan was only recently submitted by the applicant, the Planning and Development Department has not received any agency comments as of the writing of this report. 6. STAFF COMMENTS 6 . 1 The applicant proposes to amend the Zoning By-law in order to permit the development of a 5000 square metre (53281 square foot) commercial plaza on the subject lands. Staff have reviewed the subject application in relation to the applicable sections and policies of both the Durham Regional Official Plan and the Town of Newcastle Official Plan. Staff are of the opinion that, in view of the Residential designation of the subject property and the substantial size of the proposed development, the proposal does not conform with either the . . .5 530 REPORT NO. : PD- 51 -90 PAGE. .5 Regional Official Plan or the Town of Newcastle Official Plan. However, the applicant has advised that the appropriate applications will be filed with the Regional Planning Department in the near future. 6 .2 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act, and in consideration of the outstanding comments and the issue of Official Plan conformity, 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 e j �.Fl �. Franklin Wu, M.C.I.P. Lawrence Kotseff DIrector of Planning Chief A 'nistrative and Development Officer WM*df *Attach 26 January 1990 . . .6 X31 REPORT NO. : PD- 51 -90 PAGE-6 Interested parties to be notified of Council and Committee's decision: Alcorn and Associates Limited Planning and Development Consultants, 100 Allstate Parkway, Suite 302, Markham, Ontario. WR 6H3 Att: Ralph Kerekesch D.G. Biddle and Associates 96 King Street East, Oshawa, Ontario. L1H 1B6 Att: Bill Creamer Reusse Construction Company Ltd. 100 Allstate Parkway, Suite 700, Markham, Ontario. WR 6H3 53 /- SUBJECT SITE LOT 27 LOT 26 LOT 25 R2-5 I . � N Z I O Cr. R1 it o N MZ3 Cl a KING STREET EP HIGH .N! �l ct i R 1 CSC) co - (H)R1 1 Z Ep � o A-1 (H)R1 ° i , I I HIGHWAY401 �..., 0 50 ao zoo 30om KEY MAP soft D 8 9— 12 4 533