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Home My WebLink AboutPD-118-90 "-"�•w,,r-,� TOWN OF NEWCASTLE FT < S 1 Y I✓t , REPORT � -DN: MIDWALSH.GPA File # ••� , Res. # � -�• By-Law # MEETING• General Purpose and Administration Committee DATE: Monday, April 2, 1990 REPORT #: PD- 118-90 FILE #: DEV 88-105 SU&JECT: REZONING APPLICATION - MIDWALSH/HILLHALL DEVELOPMENT COMPANIES PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 88-105 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD- 118-90 be received; 2 . THAT the rezoning application submitted by Ron Strike on behalf of Midwalsh/Hillhall Development Companies be APPROVED and the necessary by-law forwarded to Council once the site plan agreement has been executed; and 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1 . 1 Applicants: Midwalsh Developments Ltd. and Hillhall Developments Inc. 1 .2 Rezoning: From "Special Purpose Commercial (C5) " to an appropriate zone to permit the development of a 2066 square metre commercial plaza in conjunction with abutting lands . 1 . 3 Area: .25 hectare ( . 61 acre) REPORT NO. : PD-118-90 PAGE 2 2 . BACKGROUND 2 . 1 In September of 1988, the Planning and Development Department received a combined zoning amendment/site plan approval application submitted by Ron Strike on behalf of Midwalsh Developments Limited and Hillhall Developments Incorporated. 2 .2 The application proposes to amend the zone category of a 2573.8 square metre parcel and meld this parcel with a 3846 square metre parcel currently zoned "General Commercial (Cl) " , thereby creating a 6419 . 8 square metre parcel. The creation of this larger parcel would permit the development of a 2066 square metre general commercial plaza. 2 .3 The subject site is a .25 hectare ( . 62 acre) parcel located on the east side of Regional Road No. 55 (Townline Road) just south of Highway # 2 but is more formally described as Part Lot 35, Concession 2, in the former Township of Darlington. 3. PUBLIC NOTICE 3 . 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 property. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. The Public Meeting in respect of the subject application was held on Monday January 9, 1989 . 3 .2 As a result of the public notification process, the Planning and Development Department has received a letter from an abutting property owner expressing concerns regarding the proposal with respect to the interior side yard setback and the front yard setback proposed in the application. F F r . . . . 3 REPORT NO. : PD- L1R-90 PAGE 3 3.3 For the Committee's information, both the interior side yard setback and the proposed front yard setback comply with the requirements of the Town of Newcastle Comprehensive zoning By-law 84-63 . Furthermore, the Planning and Development Department is confident that the balance of the concerns expressed by the abutting property owner can be addressed through the site plan approval process . 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property is designated as a Residential Area. Section 8 . 3.2 .2 . of the Regional Official Plan permits the consolidation of an existing commercial strip into a node provided that "such node is developed in accordance with good urban design principles and with common internal traffic circulation, common ingress and egress for traffic, and access to arterial roads only by service lanes or collector roads . However, subject to the consideration and approval of the Council having jurisdiction, temporary direct access to an arterial road may be permitted until permanent access via a service lane or collector road is available. " Accordingly, subject to design considerations, the proposal may be considered to conform to the Durham Regional Official Plan. 4.2 Within the Town of Newcastle Official Plan, which details the provisions of the Durham Regional Official Plan, the subject property is designated "Special Purpose Commercial Node" . Section 6 .5 .2 (iv) (d) states: "Special Purpose Commercial uses shall serve the needs of the residents on an occasional basis with services and facilities which consume larger parcel of land and require exposure to traffic such as and similar in kind to automotive sales and services, drive-in restaurants, motels, hotels, furniture and major appliance sales" . 4 . 3 The applicant proposes to rezone the subject property to the General Commercial (Cl) zone category in order to permit a wider . . . .4 REPORT NO. : PD- 118-90 PAGE 4 range of commercial uses. The application can be considered, without amendment to the Town of Newcastle Official Plan, if Council is satisfied that there is an existing commercial node on the subject property. The subject property is currently vacant, however, Staff are of the opinion that the policies of the Official Plan has sufficient flexibility to consider the surrounding commercial developments as an existing node. Therefore, the proposal can be considered to be in conformity with the Town of Newcastle. 5. ZONING BY-LAW CONFORMITY 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the subject property is currently zoned "Special Purpose Commercial (C5) " . As the applicant is desirous of developing the subject property with a wider range of commercial uses, the applicant has applied to amend the zoning by-law accordingly. 6 . HIGHWAY NO. 2 CORRIDOR STUDY 6 . 1 Within the Courtice West/Highway No. 2 Corridor Study, the subject property is located within Block D which has been allocated a maximum of 6503 square metres (70,000 sq. ft. ) of retail/office and commercial floor space. 6 .2 Staff have reviewed the draft Courtice West/Highway No. 2 Corridor Study and is satisfied that the proposed development conforms to the general intent and policy of the study. 7 . AGENCY COMMENTS 7 . 1 The Town of Newcastle Planning and Development Department circulated the proposed zoning by-law amendment to various agencies . The following provides a brief synopsis of the comments received relating to this proposal. . . . .5 3 S REPORT NO. : PD- 11R-90 PAGE 5 7 .2 The Town of Newcastle Public Works Department has reviewed the subject application and has no objection to the proposal in principle. However, the Public Works Department recommends that the site plan approval application does not proceed until such time as the applicant has submitted engineering drawings for review. 7 . 3 The Regional Works Department has reviewed the subject application and have no objection to the proposal subject to the applicant conveying to the Region, a 3 .048 m ( 10 ft. ) road widening across the total frontage of the property abutting. Regional Road 55. 7 .4 The Central Lake Ontario Conservation Authority has reviewed the subject application and note that the proposal would result in a significant increase in impermeable surface area and, as a result, an increase in the major storm overload drainage flow onto adjacent properties can be expected. However, the authority offers no objection to the proposal subject to the drainage concerns being addressed through site plan approval. 7 .5 The balance of the circulated agencies which provided comments regarding the proposed zoning by-law amendment were the Town of Newcastle Fire Department, the Durham Regional Planning Department, the Ministry of Transportation, Ontario Hydro and the City of Oshawa. None of the aforementioned agencies/departments provided objectionable comments with respect to the subject application. 8 STAFF COMMENTS 8 . 1 The Planning and Development Department have reviewed the proposal in relation to the Durham Regional Official Plan, the Town of Newcastle Official Plan and the Town of Newcastle Comprehensive Zoning By-law 84-63 . 8 .2 Currently, the subject property is zoned "Special Purpose Commercial (C5) " . The subject lands are part of a larger .64 REPORT NO. : PD- 11 £3-90 PAGE 6 hectare ( 1.58 acre) parcel which is zoned in part "General Commercial (Cl) " and in part "Special Purpose Commercial (C5) " . The requirements of the Town of Newcastle Comprehensive Zoning By- law 84-63 would dictate that the applicants develop the entire .64 hectare ( 1.58 acre) parcel in accordance with the applicable zone categories . A strict interpretation of the By-law under Section 3 . 12 would interpret the zone boundary as a lot line and require the provision of the applicable setbacks from the zone boundary. 8 . 3 Staff are of the opinion that a hardship exists in this case, as the subject property is unlikely to develop on its own and the provision of a side yard setback from the 11C1" zone boundary would be inappropriate. 8 .4 Therefore, in order to permit the development of the entire .64 hectare ( 1.58 acre) parcel with a comprehensive commercial development, as opposed to two separate piecemeal developments,the applicants have applied in order to appropriately amend the zoning by-law. 8 .5 The uses permitted in the "Cl" zone are much wider in range than the uses permitted in the "C5" zone category. However, as the majority of the . 64 hectare ( 1.58 acre) currently has a "Cl" zoning, Staff are of the opinion that approval of the application would not offend the intent of the Town of Newcastle Official Plan or the Town of Newcastle Comprehensive Zoning By-law. 9 . CONCLUSION 9 . 1 In consideration of the comments contained within this report, the Planning and Development Department recommends that the application be approved and that the necessary by-law be forwarded to Council for approval at such time as the site plan agreement has been executed. . . . .7 REPORT NO. : PD-118 -90 PAGE 7 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I .P. La ence Kotseff Director of Planning Chief A i ' strative and Development Officer WM*FW*cc *Attach 26 March 1990 Interested parties to be notified of Council and Committee's decision: Tribute Corporation Central Lake Ontario Conservation 1 Scarsdale Road, Suite 200 Authority, DON MILLS, Ontario M3B 2R2 100 Whiting Avenue OSHAWA, Ontario L1H 3T3 Strike, Salmers and Furlong Barristers & Solicitors Attention: Ron Strike 38 King Street West P.O. Box 7 Bowmanville, Ontario L1C 3K8 The Kelman Partnership 550 Queen Street East, Suite 350 TORONTO, Ontario M5A 1V2 HIG . HWAY WOAD WIDENING BY INST. NNp I / '��_ 9355>I ��--•--_ I I � 8 SPA ES I LOT 42 ' INST.N0.128319 f j 6 A e I I 1 1 I n.rf' 1 1x'•�o'.xx.IOnl ' I I • I — I 10 PA I ! 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