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HomeMy WebLinkAboutPD-88-90 TOWN OF NEWCASTLE .k KBOR. REPORT File # l �; 7 ��`� Res. # �- - �• By Law # MEU- I(G: General Purpose and Administration Committee DATE: March 5, 1990 REPORT #: PD-88-90 FILE #: SUBJECT: REZONING APPLICATION - MARKBOROUGH PROPERTIES AND WEST BOWMANVILLE DEVELOPMENTS PART LOTS 15 AND 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89-93 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-88-90 be received; 2 . THAT Rezoning Application DEV 89-93 submitted by Markborough Properties and West Bowmanville Developments to permit the development of a Canadian Tire retail store and accessory fuel bar and motor vehicle repair garage uses, be APPROVED; and 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; and 4 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; and 5 . THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and 6 . THAT the "H" - Holding Symbol in the amending by-law not be removed until such time as the applicant has entered into a site plan agreement with the Town and has satisfied the Town financially and otherwise, in respect of such matters as parkland dedication, the costs associated with relocating the entrance to the Bowmanville Recreation Complex, redesigning the Community Park Master Plan, and upgrading Highway 2 to Urban Standards; and 7 . THAT any delegation and those persons listed in this report be advised of Council's decision. . . .2 REPORT NO. : PD-88-90 PAGE 2 1. APPLICATION DETAILS 1. 1 Owner & Applicant: Markborough Properties Limited and West Bowmanville Developments 1.2 Rezoning: From - " (H)C1" and "A" To - " (H)Cl-7 " 1.3 Proposed Use: Canadian Tire Store with associated motor vehicle repair garage and fuel bar: First Phase Ultimate Phase Retail Store: 2,040 m. sq. 3,842 m. sq. Repair Garage: 807 m. sq. 1,260 m. sq. Fuel Bar: 28 m. sq. 28 m. sq. Storage: 1,554 m. sq. 2 ,411 m. sq. Total Building 4,429 m. sq. 7,541 m. sq. Area (47 ,675 sq. ft. ) (81, 173 sq. ft. ) 1.4 Area: 2 .299 ha (5.68 acres) exclusive of proposed Collector Road 2. LOCATION 2 . 1 Legal Description: Pt. Lots 15 and 16, Concession 1, former Township of Darlington 2 .2 Relative Location: South side of Highway 2, midway between Regional Road 57 and Green Road 3. BACKGROUND 3 . 1 The subject rezoning application was submitted on August 3, . . .3 REPORT NO. : PD-88-90 PAGE 3 1989 . The original application proposed to develop approximately 4230 sq.m. (45,533 sq. ft. ) of retail commercial floor space and approximatley 900 sq.m. (9688 sq. ft. ) of associated motor vehicle repair garage and fuel bar uses on a 2 .5 ha (6 . 18 acre) parcel. 3 .2 The Public Meeting in respect of the subject rezoning application was held on September 5, 1989, at which time Committee considered Staff Report PD-200-89 . Committee resolved to refer the application back to Staff for further processing and the preparation of a subsequent report. 3.3 Markborough Properties and West Bowmanville Developments have submitted an application to the Region of Durham Land Division Committee (File: LD 148/90) to sever the subject site from the larger parcel which is subject of the proposed shopping centre (File: OPA 88-87/D/N) . 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Use: Vacant 4 .2 Surrounding Uses: North - Bowmanville Recreation Complex South - vacant East - church West - vacant 5. OFFICIAL PLAN POLICIES 5 . 1 The Durham Regional Official Plan designates the subject site as "Residential" . "Local Central Areas" may be permitted in "Residential" areas subject to their designation in the Local . . .4 590 REPORT NO. : PD-88-90 PAGE 4 Official Plan (Section 8. 1. 1. 1 c) ) . The Regional Official Plan (Section 8 . 3. 3.3) also requires new automobile service stations to be placed within a special zoning category. 5 .2 The Town of Newcastle Official Plan indicates a "Local Central Area" in the vicinity of the subject property. Local Central Areas are intended to serve as focal points of activity for residential communities serving the day to day needs of area residents, and are permitted up to a maximum of 5500 sq.m. (59,200 sq. ft. ) of retail and personal service floor space. The precise location and boundaries of a Local Central Area are to be determined in the zoning by-law. The Town Official Plan also indicates a Collector Road connecting to Highway 2 in the vicinity of the road proposed by the subject rezoning application. 5 . 3 The proposed Canadian Tire retail store would utilize the Local Central Area designation indicated in the Town's Official Plan and, in that regard, the total floorspace of the development, exclusive of storage conforms to the maximum floor area specified. As well, the development is to be placed in a special zoning category to permit the fuel bar in accordance with the requirements of the Regional Official Plan. 6. ZONING 6 . 1 The subject lands are currently zoned "General Commercial - Holding [ (H)C1] " and "Agricultural (A) " . The commercial zoning was established through Rezoning Application DEV 88- 11, previously submitted by West Bowmanville Developments to . . .5 `� 91 REPORT NO. : PD-88-90 PAGE 5 implement the "Local Central Area" designation. 6 . 2 The subject rezoning application proposes to redefine the Local Central Area as currently set out by the Comprehensive Zoning By-law, with a special exception to permit the accessory fuel bar and motor vehicle repair garage uses. The Holding prefix would remain pending the applicant entering into a site plan agreement with the Town. 7. PUBLIC SUBMISSIONS 7 . 1 Two letters of concern have been submitted to the Town in respect of the subject rezoning application and other commercial applications in the general area. The solicitors for Bowmanville Mall expressed serious concerns about the cumulative effects of the various commercial applications in this area. Their major concern relates to the Markborough/West Bowmanville proposal for redesignation of its lands to "Sub-Central Area" which would include the subject lands . The letter states that approval of a shopping centre outside the designated "Main Central Area" would undermine the economic viability of the Central Area, including Bowmanville Mall. The Bowmanville Business Centre stated that the Town Official Plan assigns a priority to the development of the Bowmanville Main Central Area and that over half of the maximum commercial space allocated to the Main Central Area by the Official Plan remains undeveloped. The letter also states that insufficient population currently exists in the Bowmanville area to warrant the additional retail floor space being applied for in the area west of Regional Road 57 . . . . 6 9 REPORT NO. : PD-88-90 PAGE 6 7 .2 No delegations spoke in support of or in opposition to the subject rezoning application at the Public Meeting held on September 5, 1990 . 8. AGENCY COMMENTS 8. 1 In accordance with departmental procedure, the subject application was circulated to various agencies for comment. The following agencies indicated no objection: - Town of Newcastle Fire Department - Ministry of Natural Resources - Newcastle Hydro Electric Commission - Bell Canada 8.2 The Town of Newcastle Public Works Department indicated no objection to the proposal, but recommended it does not proceed until such time as a Lot Grading and Storm Water Management Plan has been approved. 8. 3 The Town of Newcastle Community Services Department recommended that the two (2) percent parkland dedication be conveyed from adjacent lands also owned by West Bowmanville Developments Inc. 8 .4 The Region of Durham Works Department noted that full municipal services will be available to the site in the near future and therefore have no objection to the subject application. 8 .5 The Central Lake Ontario Conservation Authority noted that the subject site lies within the study area for the Westside Creek Master Drainage Plan which is currently being prepared. . . .7 `� 9J REPORT NO. : PD-88-90 PAGE 7 Authority Staff indicated they would reserve comments on the proposal pending completion of the Master Drainage Study. 8.6 The Ministry of Transportation indicated a concern with the proximity of the proposed collector road to the entrance to the Bowmanville Recreation Complex on the north side of Highway 2 . The Ministry indicated a preference for the two entrances being located opposite each other; otherwise, a centre median would be required on Highway 2, or the proposed collector road would be required to relocate a minimum of 100 metres to the west. 8.7 C.P. Rail indicated no objection to the subject proposal provided a fence is erected along the edge of the railway right-of-way. As well, any proposed alterations to the existing drainage pattern affecting Railway property must be substantiated by a drainage report to be approved by the Railway. 9. STAFF COMMENTS 9 . 1 The major concern with the proposed development identified by the circulated agencies involves the location of the proposed collector road. The road's location is in accordance with the Town's Official Plan. A centre median would severely impede access to both the proposed development and the Recreation Complex. Markborough Properties, in discussions with Town Staff, has indicated its willingness to relocate the entrance to the Recreation Complex. The issue of relocating the Town's entrance, stormwater management and other concerns identified by the other agencies, can be addressed through the Site Plan Agreement with the applicant. . . . 8 X94 REPORT NO. : PD- 88 -90 PAGE 8 9 .2 The proposed development would utilize and redefine the limits of the Local Central Area designation already recognized in By-law 84-63 . Accordingly, it is recommended that the rezoning application be approved and the zoning by-law attached to this report be forwarded to Council for approval. The proposed by-law retains the "Holding" prefix which will not be lifted until such time as the applicant has entered into a Site Plan Agreement with the Town. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence . Kotseff Director of Planning Chief A istrative and Development Officer JAS*DC*df *Attach 27 February 1990 . . . 9 59 REPORT NO. : PD-89-90 PAGE 9 Interested parties to be notified of Council and Committee's decision: Mr. Wm. J. Daniell West Bowmanville Developments Ltd. 250 Consumers Road, Suite 403, North York, Ontario. M2J 4V6 Mr. Roger Elliott Campbell, Godfrey & Lewtas Barristers and Solicitors, Toronto Dominion Centre Suite 3600 P.O. Box 36, Toronto, Ontario. M5K 105 Mr. John Scott Markborough Properties Inc . 1 Dundas Street West Suite 2800 Toronto, Ontario. M5G 2J2 Mr. Kevin J. Tunney Tunney Planning 340 Byron Street South Suite 200 Whitby, Ontario. L1N 4P8 Mr. Ronald R.M. Strike Strike, Salmers and Furlong Barristers and Solicitors 38 King Street West P.O. Box 7 Bowmanville, Ontario. L1C 3K8 Mr. George Webster Chairman Bowmanville Business Centre P.O. Box 365 Bowmanville, Ontario. L1C 3L1 CANADIAN TIRE STORE BONNANG APPLICATION �■ a H REZONING _ORT STATISTICS ■ S SITE AREA=23,192.5 S". CROSS BUILDING AREA-7541 SO.M. 9grNBmWm AeehlMad RETAIL COMMERCIAL FLOOR SPACE= 3842 SQ.M. MOTOR VEHICLE REPAIR GARAGE AND FUEL BAR USES. =1288 SQ.M. TOTAL - 5130$0.M. REQUIRED PROVIDED FRONT YARD NIL 140.0 M. INTERIOR SIDE YARD NIL NIL EXTERIOR SIDE YARD 1.25 M. 15.0 M. REAR YARD S0 M. 10.0 M. LOT COVERAGE 75% 32.8% LANDSCAPED OPEN SPACE 10% 10% BUILDING HEIGHT 12 M. 10.6 M. PARKING RETAIL(I P'30 SQ.M) 128 WAREHOUSE(1 Par 100 So.M.) 23 OFFICE pa 30 S0.M. 18 HWY, Z TOTAL 169 280 PARKING STALLS 5,7 M,X 2.75 M. AS REQUIRED X 6.0 W.AISLE i 1 1 i I I = i ULTWAATE r�1MaNO SHOWN DASHER, INITIAL PAIWNG SH0'YI SOLID \ a \ t N H O� �O �O 9� \ CANADIAN TIRE N STORE I a me�uo nova nlr osnes+:t _ ro we aaaArna mwc rnocFm+Wt NtlTUI can Q I 1...` - Vi M1i I I �7 1 \ CANADIAN TIRE \ / BOMl1ANMLLE,ONT. FOR MAWBOROUCH PROPERTIES - -� SITE PLAN - - 597 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle WHEREAS the Council of the Corporation of the Town of Newcastle- deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle to implement rezoning application DEV 89-93; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 16.5 "Special Exceptions - General Commercial (Cl) Zone" is hereby amended by adding thereto, the following new Subsection 16.5.7 as follows: 1116.5.7 General Commercial Exception (C1-7) Zone Notwithstanding Sections 3.1(h)f, 3.11 (a), 16.1, 16.3 and 21.3c(i) , those lands zoned "C1-7" on the schedules to this By-law may only be used for a Motor Fuel Bar and a Motor Vehicle Repair Garage as an accessory use to a retail commercial establishment and shall be subject to the following zone regulations: a) Yard Requirements (minimum) i) Front Yard for Motor Vehicle Fuel Bar 10 metres b) Floor Area, Total (maximum) i) Motor Vehicle Fuel Bar Shelter 28 sq.metres c) Lot Coverage (maximum) 35 percent d) Landscaped Open Space (minimum) 12 percent e) Planting Strip Abutting Street Line (minimum) 3.0 metres f) Loading Spaces (minimum) 2 spaces" 2. Schedule 3 to By-law 84-63, as amended, is hereby further amended by changing the zone designations of the lands identified by Schedule "A" hereto from: "Holding-General Commercial Type One ( (H)C-1) " to "Holding-General Commercial Exception ( (H)Cl-7) "; . . .2 598 Amendment to By-law 84-63 (cont'd) "Agricultural (A) " to "Holding-General Commercial Exception ( (H)C1-7) "; "Holding-General Commercial Type One ((H)C-1) " to "Agricultural (A) " 3. Schedule "A" attached hereto shall form part of this by-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1990. BY-LAW read a second time this day of 1990. BY-LAW read a third time and finally passed this day of 1990. MAYOR CLERK :) 99 This is Schedule "A" to Sy-law 90- -, passed this—. day ofi , 1990 A.D. HIGHWAY N2 2 � `�J�' �•��i 101.454 }-� r.K. � ct �o: m La 47.028 N 4 u° iyt / 15.240 54 024 40 W y 7• ►` .'i= �Y•q I'—.-ju�c�� 85.0! g l�i�i 1 � ice`/ 7� LOT 16 LOT 15 , ,- CONCESSION 2 it J 63500 N72 041'00"E Q ZONING CHANGE FROM '(H)C1 ' TO '(H)CI-7 ' E77'71 ZONING CHANGE FROM ' A ' TO '(H)CI-7 ' = ZONING CHANGE FROM '(H)C 1'TO 'A' Mayor Clark SUBJECT SITE ®OTHER LANDS OWNED BY APPLICANT LOT 16 LOT 15 LOT 14 - Au ' -A - EP RE IG A-13 No A 0 c � Q ti (H)R 1 Q z = of W 0 w Q� r A a (H)R2 0 N W W / ' z 3 (H)R4 3 Z _Tj 71 0 BOWMANVILLE 0 100 Zoo Soom 60m 0 599 01