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HomeMy WebLinkAboutPD-135-90 TOWN OF NEWCASTLE r�"�.yti� y•,L� i - r•��,E DN: MASTRA.GPA REPORT File # „tr, S�• �,�� Res. # By-Law # NESTING, General Purpose and Administration Committee DATE: Monday, April 23, 1990 REPORT #: PD- 135-90 FILE #: DEV 89-21 aBJEC•. REZONING APPLICATION - SALVATORE MASTRANGELO PART LOT 18, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89-21 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-135 -90 be received; 2 . THAT Council approve an amendment to Section 9 of the Town of Newcastle Official Plan to permit the development of a commercial/retail establishment; 3 . THAT rezoning application DEV 89-21 submitted by Salvatore Mastrangelo on behalf of 669641 Ontario Ltd. to permit a 800 m2 commercial/retail plaza be APPROVED; 4 . THAT the amending by-law be forwarded to Council at such time the applicant has entered into a site plan agreement with the Town and the Official Plan Amendment has been adopted by Durham Regional Council. 5 . THAT the Region of Durham Planning Department and those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Salvatore Mastrangelo 1.2 Owner: 669641 Ontario Limited 1. 3 Official Plan Amendment: From "Residential Infilling" to "Commercial" . . . . .2 REPORT NO. : PD- 135-90 PAGE 2 Rezoning: From "Residential Hamlet (RH) " to a zone appropriate to permit a 800 sq. m commercial/retail plaza. 1.4 Area: 0 . 93 ha 2 . LOCATION 2 . 1 The subject lands are located on the north-east corner of Regional Road No. 4, being Taunton Road and King Street; being Part Lots 17 and 18, Concession 5, in the former Township of Darlington, within the Hamlet of Hampton. 3 . BACKGROUND 3 . 1 On February 28, 1989 the Planning and Development Department received an application to amend By-law 84-63 submitted by Salvatore Mastrangelo of 669641 Ontario Limited. This original application proposed a commercial plaza with nine (9) store units, totalling 1600 m2 and nine (9) two bedroom apartment units . The plan has since been revised to delete the residential units and reduce the commercial floor space to 800 m2 . 3 .2 A Public Meeting addressing the original proposal was held on May 15, 1989 . As a result of this meeting, the application was revised. Inasmuch as the revisions substantially changed the original submission, a second Public Meeting was held on January 22 , 1990. 4 . EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacant 4 .2 Surrounding Uses: To the north: New residential development on private services To the south: Open field, mink farm and T. & C. Small Engine Repairs . . . . 3 J r REPORT NO. : PD-135 -90 PAGE 3 To the east: Town of Newcastle Public Works Depot and the Bowmanville Creek. To the west: Hobbs Senior Public School and Darlington Arena. 5 . OFFICIAL PLAN POLICIES 5 . 1 Within the Durham Region Official Plan the subject property is located within the Hamlet of Hampton. The predominant use of lands shall be for residential purposes, however, limited commercial uses serving the hamlet and the surrounding agricultural community may be permitted. (Section 10 .4 . 1. 1) 5 .2 Within to the Town of Newcastle Official Plan, the subject property is designated "Residential Infilling" . Section 9 .6 of the Town of Newcastle Official Plan permits limited commercial uses within a Hamlet. The commercial uses must be of a size and character which are consistent with and complimentary to the Hamlet, and shall meet the needs of the residents within the Hamlet and surrounding areas . 5 . 3 When the Hampton Hamlet Policies were being prepared by Planning Staff, Mr. Mastrangelo was asked to revise his application. It is Staff's opinion the current proposal is of a size which can be considered consistent with, and complimentary to the hamlet of Hampton. 5 .4 Notwithstanding the development is much smaller in size than the original proposal and it is deemed to be compatible with the surrounding area, Staff believe that an Official Plan Amendment redesignating this property to "Commercial" would be appropriate. 6 . ZONING 6 . 1 Schedule 7 of the Town of Newcastle Comprehensive Zoning By-law 84-63 reveals that the subject property is zoned "Residential .. i , f . . . .4 REPORT NO. : PD- 135-90 PAGE 4 Hamlet (RH) " . Lands so zoned shall be predominantly used for residential purposes . 7 . PUBLIC NOTICE AND SUBMISSIONS 7 . 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. 7 .2 During the Public Meeting held on May 15, 1989 , a petition with approximately 150 names was presented objecting to the proposed development. Noted concerns included the strain the project would create on the water table and the creek and the increased traffic that would be created close to the public school. 7 . 3 At the January 22, 1990 public meeting one person spoke in objection to the proposal. Reasons for this objection included: garbage, pollution, inadequate water supply, inappropriate location and the fact that a convenience plaza cannot compete with larger stores . At this same meeting the applicant's architect presented approximately 211 letters in support of this proposal. These letters noted that this project would provide essential services to the residents of the area, as well as employment opportunities. 7 .4 As of the writing of this report, no written objections, other than the petition presented at the May 15, 1989 Public Meeting, have been received. 8 . AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 6 t�? . . . .5 REPORT NO. : PD- 135-90 PAGE 5 The following department/agencies in providing comments, offered no objection to the application as filed: - Town of Newcastle Community Services - Northumberland and Newcastle Public School Board - Ontario Hydro - Ministry of Agriculture and Food 8.2 A number of agencies have no objection to this application provided that their comments and concerns are taken into consideration. (i) The Town of Newcastle Public Works Department has approved the Lot Grading/Site Drainage Plan, however, the applicant/ owner is still required to contribute to the cost of reconstructing King Street, and the owner/applicant will bear the costs of any works necessitated by this development on King Street. In addition, a road widening at the corner of King Street and Regional Road No. 4 shall be dedicated to the Town, and the applicant/owner shall contribute to the cost of a chain link security fence abutting the Town's Work Depot. (ii) Durham Region Planning Department noted that Section 9 .4 v) of the Town of Newcastle Official Plan states that "the present character of the Hamlets shall be complemented and enhanced where infilling or new development occurs . " It was also noted that the impact of this application on the development of those areas designated "Commercial" in Hampton should be considered in addition to its impact on the intended predominant land use for hamlets . (iii) Durham Region Works Department requested that: a 3.05 road widening be required along the property's Regional Road No. 4 frontage; a 19 m x 7 m site triangle at the corner of Taunton ROad and King Street be created; a 0 . 3 metre reserve be placed along Regional Road No. 4 frontage; that the . . . . 6 REPORT NO. : PD- 135-90 PAGE 6 southern King Street access to the site be located not closer than 20 m from Regional Road No. 4; and that a site plan indicating the proposed accesses be submitted to the Region at the time of development. Staff would note that the applicant has adopted the above conditions on the revised site plan. (iv) The Durham Region Health Department stated that they have no objection to this proposal provided that "only low water usage businesses are located in the proposed plaza" , and that "daily sewage flow must not exceed 4500 litres ( 1000 gallons) " . The applicant/owner has agreed to lease retail space to low water usage businesses hence satisfying the Regional Health Department's concerns . This would be addressed within the site plan agreement, should Council deem it appropriate to approve the application. Section 9 of the Town of Newcastle Official Plan requires the applicant to submit a Hydrogeologic Report. This study has been provided by the applicant and it states that the water source shall come from the deeper aquifer. In response to concerns regarding a decrease in water supply, it is stated in this report that "the new production well for the plaza will have negligible impact on existing private wells in the area. " (v) The Central Lake Ontario Conservation Authority offered no objection, however, noted that the application is subject to Ontario Regulation 161/80 and approval from the Authority is required prior to any filling or grading on this site. (vi) The Ministry of Natural Resources had no objection to the proposal in principle, however, requested that erosion control measures be used throughout the grading and . . . 7 r� REPORT NO. : PD- 135-90 PAGE 7 construction period in order to ensure that no sediments are carried out to the Bowmanville Creek watercourse and that those lands zoned "Environmental Protection (EP) " remain so zoned. 8 . 3 The Town of Newcastle Fire Department noted a concern with the proposal, indicating that the growth of areas serviced by Station # 1 are strained, and it may be difficult to maintain a high level of service to this area. 9 . STAFF COMMENTS 9 . 1 Staff note that this application has been substantially revised since the public meeting held on May 15, 1989 . The original application had 1600 mz of commercial/retail area and nine (9) residential units . Since this meeting, the application has been revised to delete the residential units and reduce the commercial/ retail area of 800 m2 (8,640 sq. ft. ) . 9 .2 In consideration of the Durham Region Planning Department's comments, Staff has examined the properties designated "Commercial" on Schedule 9-7 in the Town of Newcastle Official Plan within the Hamlet limits . The following list summarizes the uses of each site: - Hoskin Texaco Service - a vehicle fuel bar - Hampton Restaurant and Cango Gas Station - a restaurant, vehicle fuel bar and vehicle service station. - Snowdens Service Station - a vehicle service station - Barron's Gift Store Barron's Gift Store is no longer in business and the remaining three commercial activities provide primarily automobile servicing functions . Presently Hampton does not have any type of commercial businesses located within the Hamlet boundaries which can provide residents with day-to-day items other than vehicle fuelling and servicing. At the time of writing this report, the applicant REPORT NO. : PD- 135-90 PAGE 8 proposes to have a portion of the retail space leased to a pharmacy and a grocery store. These types of businesses can be seen as beneficial to meeting the needs of the residents of the Hamlet and the surrounding rural areas . In regard to the suitability of the location of the site, it's Staff's opinion that the proposal is suitable and is compatible with the surrounding land uses . Inasmuch as this proposal will be providing services which do not presently exist within the Hamlet boundaries, Staff believe that the existing commercial activities will not be adversely impacted. 9 . 3 A concern that has been noted is that of the safety of the students attending Hobbs Senior Public School. Approximately 98% of the students attending this school are bused, with the average age of students being 12 to 13 years old. It is Staff's understanding that the loading and unloading of the school buses takes place on school property. The Northumberland and Newcastle Board of Education had no objection to the application, and did not raise any concerns regarding the safety of the students. The school entrances facing King Street are located approximately 43 m ( 142 feet) and 55 m ( 180 feet) north of Taunton Toad. Students exiting these entrances, heading for the plaza may cross King Street approximately 43 m north of the Taunton Road - King Street intersection. Vehicular traffic turning onto King Street to enter the plaza would use the entrance located 20 m north of Taunton Road, away from pedestrian traffic. 9 .4 It should be reiterated that at the Public Meeting held on January 22, 1990, only one person spoke in opposition to this application, and approximately 211 letters of support for this proposal were presented. 9 .5 As this proposal only occupies the westerly portion of the subject property, the applicant has been requested by Staff to incorporate a landscaping feature for the remaining portion of the property . . . .9 .J REPORT NO. : PD-135 -90 PAGE 9 to create a "park-like" atmosphere, with the use of benches, trees and interlocking brick work. 9 . 6 The amending by-law will be forwarded to Council for approval when Regional Council has adopted the amendment to the Town of Newcastle Official Plan, and the site plan agreement has been registered. 10 . CONCLUSION 10 . 1 In consideration of the above comments, Staff respectfully recommend that the rezoning application be APPROVED and that the appropriate amendment to the Town of Newcastle Official Plan be forwarded to the Region. Respectfully submitted, Recommended for presentation to the Committee e Franklin Wu, M.C. I .P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer HM*FW*cc *Attach 11 April 1990 Interested parties to be notified of Council and Committee's decision: 669641 Ontario Limited c/o S. Mastrangelo 1920 Stevenson Road North OSHAWA, Ontario L1H 7K4 Harry Zosik 4520 Anderson Street R.R.#1 BROOKLIN, Ontario LOB 1CO Jane Smith 5113 Old Scugog Road HAMPTON, Ontario LOB 1JO John Jones 152 Harwood Ave. South AJAX, Ontario L1S 2H6 ; i � SUBJECT SITE LOT 18 LOT 17 LOT 16 RH A- ) =2 to �. . C3 { s z RH vn w EP �. .. 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