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Home My WebLink AboutPD-183-90 V O."1KIµ y TOWN OF NEWCASTLE 0, REPORT File # DN: NOR-ARM Res. # -�• By-Law # P U B L I C M E E T I N G MEETING: General Purpose and Administration Committee DATE: Tuesday, May 22, 1990 REPORT #: PD-183-90 FILE #: DEV 89-131 (X-REF OPA 89-94/N) SUQECT: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION - NOR-ARM DEVELOPMENTS INC. PART LOT 9, CONCESSION 1, BOWMANVILLE FILE: OPA 89-94/N (X-REF DEV 89-131) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-183-90 be received; 2 . THAT the Official Plan Amendment application submitted by Nor-Arm Developments to amend the Town of Newcastle Official Plan to change the predominant use area from "Medium and High Density Residential" to "Commercial" within the "Main Central Area" designation be recommended for approval to the Region of Durham. 3 . THAT the Rezoning application be approved in principle and the amending by-law forwarded to Council upon Regional approval of the Official Plan Amendment and the applicant entering into Site Plan Agreement with the Town; 4 . THAT the Region of Durham Planning Department, the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Nor-Arm Developments Inc . 1. 2 Owner: Nor-Arm Development Inc . 1. 3 Official Plan Amendment: From - Main Central Area "Medium and High Density" predominant use area to an appropriate designation to permit a general commercial development. . . .2 `A REPORT NO. : PD-183-90 PAGE. . .2 1.4 Rezoning: From - "Neighbourhood Commercial (C2) " to an appropriate zone to permit a general commercial development with a total floor area not exceeding 500 square metres . 1.5 Area: 1800 metres square (0 .44 acres) 2 . LOCATION 2.1 The subject property is former Town of Bowmanvi ie north side of Highway #2 he 7`�___ �� - ( �� on said Highway. St. George Street and to gain access from Streel ,-vv t )roved Plan of Subdivisic 3. BACKGROUND a 3 . 1 The Town of Newcasi vere circulated an Offic tber 1989 . The proponent "Medium and High De: development of a Gei -0 � 3.2 In November 1989, th ment Department received of Newcastle Comprehens: iite Plan Approval. The al )zone a portion of the land n of Subdivision 18T-88071 activity. The subject Commercial - Holding ( 3 . 3 The applicant has also submitted a Traffic Impact Study in support of the application. The study will be reviewed later in the report. [ . . .3 REPORT NO. : PD-183-90 PAGE . . . 3 4. EXISTING AND SURROUNDING LAND USES 4 . 1 The site is relatively free of any vegetation and is presently housing a sales trailer for the proposed Plan of Subdivision ( 18T-88071) to the north. 4 .2 Surrounding Uses: East: Strathaven Nursing Home and single detached houses South: the Bowmanville Mall West: the Hendry apartment building North: vacant lands which are Draft Approved for development as a Plan of Subdivision ( 18T-88071) 5. OFFICIAL PLAN POLICIES 5 . 1 Within the Durham Region Official Plan the subject property is designated "Main Central Area" . Within said designation areas shall be planned and developed to provide a full integrated array of shopping, personal and business service, office, institutional, community, recreational and residential uses. The maximum gross retail and personal service floor area of the Main Central Area is to be 500,000 square feet. 5.2 Within the Town of Newcastle Official Plan (Bowmanville Major Urban Area) the subject lands are within the "Medium and High Density Residential" predominant use area within the "Main Central Area" designation. The Town of Newcastle Official Plan Policies for the Main Central Area echo the policies outlined in the Durham Region Official Plan. The policies further state that land use designations within the Main Central Area are known as "Predominant Use Areas" . The Predominant Use Areas are outlined on Schedule 7 .2 and serve as a general guide for development. 5. 3 The residential designation recognizes existing medium and high density nodes exceeding 30 units per net residential hectare. The commercial designation permits retail, business, office and personal service uses . The overall average maximum floor space index shall be 2 .50 . In addition residential uses may be permitted within the commercial designation. . . .4 1'. 80 REPORT NO. : PD-183-90 PAGE. .4 6. ZONING 6 . 1 The present zoning as approved by By-law 89-204 in November 1989 is "Neighbourhood Commercial Holding (H)C2) " . The 11C2" zone is permitted in areas designated "Residential" without Official Plan Amendment. The 11C2 " zone permits commercial development which provide items of daily necessity for the residents of the neighbourhood. The proposed zoning, if approved, would allow a much broader range of uses, not limited to "items of daily necessity" . 7. PUBLIC MEETING AND RESPONSE 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 and, surrounding property owners and tenants within the prescribed distance were advised of the proposal. The required Public Meeting was held February 5, 1990 . 7 .2 Letters have been received from neighbouring residents . The concerns noted are with respect to the location of the garbage containers for the commercial proposal. Residents of the Hendry apartment building fear these containers will be located adjacent the common boundary line, therefore facing the main entrance of the apartment building. To that end, privacy fence has been requested by the residents . Other concerns note traffic problems which exist due to the number of access points on Highway 2 and the impact this proposed commercial development will have in terms of noise and hours of operation. 8. COMMENTING AGENCIES 8 . 1 The Official Plan Amendment has been circulated by Regional Planning Staff to a number of agencies, including the Town of Newcastle. Staff undertook a similar circulation to the appropriate agencies and departments for the Zoning By-law Amendment application. pp iC) . . .5 REPORT NO. : PD-183-90 PAGE . . . 5 8 .2 The Town of Newcastle Public Works Department Staff provided no objection to the application provided the following conditions are satisfied. The applicant will be required to provide a road widening as indicated in the submission; the applicant is responsible for all costs ( 100%) of any works on King Street necessitated as a result of this development; that no entrance will be permitted to King Street from the proposed commercial development. The Works Department has reviewed the Traffic Study and are generally in agreement with the findings of the report subject to conditions . All requirements to be imposed will be incorporated in the Site Plan Agreement. 8 . 3 The Town of Newcastle Fire Department indicated the applicant must comply with all appropriate requirements of the Ontario Fire Code and Ontario Building Code. 8.4 The Community Services Department have advised that they have no objection to the proposal conditional upon a two percent (2%) cash-in-lieu of parkland dedication contribution. 8 . 5 The following agencies responded. that they had no objection or concern with the application: - Central Lake Ontario Conservation Authority - Ministry of Natural Resources - Newcastle Hydro - Regional Health Department - Regional Public Works 9. STAFF C014MNTS 9 . 1 The subject applications propose to change the predominant use within the "Main Central Area" designation from "Medium and High Density" to "Commercial" . It also proposes to change the zoning of the land from "Neighbourhood Commercial - Holding ( (H)C2) " to "General Commercial (Cl) " to allow a broader range of uses . � UG . . .6 REPORT NO. : PD-183-90 PAGE. . . .6 9 .2 The residents predominant concerns relate to traffic congestion and safety of additional vehicles on Highway #2 . They claim Highway #2 is too busy an artery for further traffic . The Newcastle Official Plan Schedule 7 .4 identifies Highway #2 as a Type "A" arterial road. Type "A" Arterial roads are intended to accommodate high volumes of traffic and facilitate inter-area or through traffic . Given the limited scale of said proposal, traffic volumes generated by the proposed use is not considered a problem. 9 . 3 The concern over fencing and garbage container location shall be reviewed in conjunction with Town policies and guidelines, this includes the Town's Landscape Design Guidelines for Site Plan which are in the process of being finalized and will be brought before Council for adoption. The above-noted issues will be addressed prior to site plan approval. 9 . 4 Greater Site Plan details will be required in order to properly review this application. This includes drainage and grading plans, detail landscaping plans, building elevations and location of refuse containers and loading spaces . These details are to be finalized prior to Site Plan Agreement. 9 .5 The purpose of the Official Plan Amendment is to redesignate the site from a residential predominant use area to a commercial predominant use area. Within the current designation the existing neighbourhood commercial zoning is permitted. The Official Plan Amendment if approved would permit a zoning by-law amendment to be passed allowing a greater range of commercial uses on the subject site. The applicant is not seeking an increased floor area from the 500 square metres maximum now permitted on the site. 9 . 6 Approval of the Official Plan Amendment would appear not to offend the policies of either the Durham or the Town of Newcastle 7 585 . . . . REPORT NO. : PD-183-90 PAGE . . .7 Official Plan which state that themain central area shall be developed to provide an array of commercial, institutional, community, recreational and residential uses . 9 . 7 The application to amend the Zoning By-law will not be approved until such time as the Official Plan Amendment has been adopted by Regional Council and until Site Plan Agreement has been finalized to the satisfaction of the Director of Public Works and Director of Planning. 8, r 10. CONCLUSION 10. 1 In consideration of the commei w contained within said report, Staff have no objection to the approval of the Official Plan Amendment to change the predominant use of the subject lands from "Medium and High Density Residential" to "Commercial" . Respectfully submitted, Recommended for presentation to the Committee 20d___ FraV4in Wu, M.C.I .P. Lawrence E. Kotseff Dire for of Planning Chief Administrative and Development Officer FW*CP*cc *Attach 14 May 1990 INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: Hendry Investments Limited Nor-Arm Developments Inc. 252 King Street East, Apt. 601, 1110 Sheppard Ave. E. , Suite 500, Bowmanville, Ont. L1C 1R1 Willowdale, Ont. M2K 2W2 Mary C. Chapin John Brady 252 King Street East, Apt. 303, Sims, Brady and McMackin Bowmanville, Ont. L1C 1R1 117 King Street, Box 358 WHITBY, Ontario L1N 5S4 Marjorie McGregor 252 King Street, Apt.402, p Bowmanville, Ont. L1C 1R1 ) �> r � ® SUBJECT SITE LOT 10 LOT 9 LOT 8 $TR T STRERE; E. A Vf H I EP R PLACE I' R1 R1 w � R1 � z all EP w - ,P cr C1 ` O Ci R4 R1-3 Ri } sT Kt ..� t•- C1 ct .SKIN STREET `� W w cl o-aa " a Cl-3 N m I �-5 RI-5 l� � ui PRA STR T a R3-7 Z JANE O CA 2 A-22 cn O 50100 mo 300l, 1, KEY 'MAP 6 O.P.A. 89-94/N Dev. 8 ?- 131 - 7m ( 50m ol- c S 2ld '�dM + 6 5At �� • ''S � I I I ( I z 3 I ON9 STO JY COPM. EI ,DG. z Ln -► ( 50062(5�82.10 SF) I rn o) 'a cc � s x a r r � ,•1{., i 13 s a as ' --- m m - STREET A x .. m _x y f N PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN BOWMANVILLE MAJOR URBAN AREA PURPOSE: The purpose of this Amendment to the Town of Newcastle Official Plan is to permit the development of a plaza with a maximum of 500 square metres floorspace for general commercial uses, not limited to items of daily necessity. LOCATION: The subject lands are located on the north side of Highway #2, west of Mearns Avenue and east of St. George Street within Part Lot 9, Concession 1 in the former Town of Bowmanville. BASIS: The amendment is a result of an application to permit a general commercial plaza within the Main Central Area. ACTUAL AMENDMENT: The Town of Newcastle Official Plan is hereby amended by changing the "Medium and High Density Residential" predominant use area to a "Commercial" predominant use area within the "Main Central Area" designation on Schedule 7-2 as indicated on the Schedule attached hereto. IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official Plan (Bowmanville Major Urban Area) with respect to implementation, shall apply to this amendment. INTERPRETATION: The provisions set forth in the Town of Newcastle Official Plan (Bowmanville Major Urban Area) , as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. Al AMENDMENT.SCHEDULE "A59 • BOWMANVILLE LAND USE STRUCTURE PLAN SCHEDULE 7- 2 , CHANGE FROM "MEDIUM TO • r.. r. y. 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