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Home My WebLink AboutPD-206-90 TOWN OF NEWCASTLE �'�; ,' e•' DN: MING.GPA REPORT File # 0 ' e q" � Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, June 18, 1990 REPORT #: PD-206-90 FILE #. DEV 89-105 (X-REF OPA 89-95/N & OP 2 .2 . 1(9) REZONING OFFICIAL PLAN AND NEIGHBOURHOOD PLAN AMENDMENT APPLICATION SECT: OSHAWA MOTOR COURT (MING SUN HOLDINGS) PART LOT 33, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89-105 (X-REF OPA 89-95/N & OP 2.2.1(9) ) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-206-90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends APPROVAL of the Official Plan Amendment application to permit the introduction of a Office Commercial uses in accordance with Attachment # 1. 3 . THAT the Neighbourhood Plan Amendment application be APPROVED to permit the introduction of Office Commercial uses in the Courtice West Neighbourhood Development Plan in accordance with Attachment # 2 . 4 . THAT the amending By-law be passed at such time as the related Official Plan Amendment has been adopted by Regional Council and a site plan agreement has been executed. 5 . THAT the Region of Durham and those parties listed in this Report be advised of Committee's and Council's decision. 6 . THAT the Region of Durham be forwarded a copy of Report PD-206- 90 . 1. APPLICATION DETAILS 1. 1 Applicant: Ming Sun Holdings J . . . .2 REPORT NO. : PD-206-90 PAGE 2 1.2 Official Plan Amendment: To introduce a Local Central Area symbol on the subject property which has a current designation in part "Residential" and in part "Major Open Space" . 1.3 Neighbourhood Plan Amendment: From in part "Residential" and in part "Major Open Space" to an appropriate designation in order to implement the introduction of a Local Central Area symbol in the Official Plan. 1.4 Rezoning: From in part "Special Purpose Commercial - Special Exception (C5-1) and in part "Environmental Protection (EP) " to an appropriate zone to permit a 2 storey mixed commercial and professional office building with a total floor area of 3158 . 6 square metres (34,000 sq. ft. ) . 1.5 Area: .514 hectares ( 1.27 acres) 2 . BACKGROUND 2 . 1 On August 10, 1989, the Town of Newcastle Planning and Development Department received an application, submitted by Imperial City Corporation, to amend the Courtice West Neighbourhood Development Plan and the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to permit a 2 storey mixed commercial and professional office building. 2 . 2 On August 24, 1989 , the Town of Newcastle Planning and Development Department was advised by the Region of Durham of an application, submitted by Imperial City Corporation, to amend the Town of Newcastle Official Plan in order to implement the above-noted development. r `� U . . . .3 REPORT NO. : PD-206-90 PAGE 3 2 . 3 On January 15, 1990, the Town of Newcastle Planning and Development Department was advised by Larry Gold that carriage of the application had been taken over by a new owner Ming Sun Holdings Inc. 2 .4 The subject site is a .514 hectare ( 1.27 acre) parcel of land located at the north-east corner of Centrefield Drive and Highway # 2 but is more formally described as Part Lot 33, Concession 2 in the former Township of Darlington. 2 .5 The subject site presently contains two (2) two-storey stucco buildings and one ( 1) one-storey stucco building as well as an inground swimming pool and several small wooden sheds . The surrounding land uses include: North: single family residential South: Geranium Homes Sales Trailer East: Westcastle Plaza West: Farewell Creek 3. PUBLIC NOTICE AND SUBMISSIONS 3 . 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. 3 .2 As a result of the public notification process the Planning and Development Department has received a petition signed by eleven ( 11) area residents which states concerns over the side yard setback, the storage of garbage and the types of uses which would be permitted. Staff subsequently met with the applicant and a representative of the area residents in an attempt to resolve the concerns of the residents. Staff were subsequently advised, verbally by a representative of the area residents, that their concerns had been addressed by the applicant and staff. . . . .4 REPORT NO. : PD-206-90 PAGE 4 4 . OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject property is designated in part Residential and in part Major Open Space with an indication that the subject property is a Hazard Land Area and an Environmentally Sensitive Area. Local Central Areas are permitted within the Residential designation under the provisions of Section 8 . 2 .2 .5 of the Durham Regional Official Plan. Therefore the proposal would appear to conform with the Durham Regional Official Plan. 4 .2 Within the Town of Newcastle Official Plan, the subject property is designated in part a Residential Area and in part a Major Open Space System with a Hazard Land designation. Therefore, in order to permit the development to be considered, the applicant has applied to amend the Town of Newcastle Official Plan in order to introduce a Local Central Area symbol on the subject property. 5 . ZONING BY-LAW CONFORMITY 5 . 1 Within Zoning By-law 84-63, the subject property is zoned in part Special Purpose Commercial - Special Exception (C5-1) and in part Environmental Protection (EP) . As commercial operations of this nature are not permitted in the current zone category, the applicant has applied to amend the Zoning By-law accordingly. 6 . AGENCY COMMENTS 6 . 1 The Town of Newcastle Planning and Development Department undertook a joint circulation of the Official Plan Amendment application, the Zoning Amendment application and the Neighbourhood Plan Amendment application. The following provides a summary of comments received relating to the proposed development. 6 .2 The Community Services Department has reviewed the proposal and has no objection subject to the applicant addressing any environmental concerns and providing 2% cash-in-lieu of parkland dedication. . . . .5 REPORT NO. : PD-206-90 PAGE 5 6 . 3 The Town of Newcastle Public Works Department has reviewed the subject application and has no objection to the proposal subject to the provision of several regulatory conditions which will be imposed through the Site Plan Approval process. 6 .4 The Central Lake Ontario Conservation Authority has reviewed the proposal and notes that floodplain mapping illustrates that portions of the subject site are affected by the Region Storm floodplain of Farewell Creek. However, the Authority acknowledges that recent geodetic surveys of the property indicate that the whole of the subject lands are higher than the Regional Storm Flood elevation. Therefore, the Central lake Ontario Conservation Authority has no objection to the approval of the proposal and notes that any concerns can be addressed through the Site Plan Approval process. 6 .5 The Ministry of Transportation has reviewed the proposal and has no objection to the application but notes that any commercial buildings will have to be setback a minimum of 14 metres (45.93 ft. ) from Highway # 2 . In addition building and sign permits are required from the Port Hope district office prior to any on-site construction. 6 . 6 The balance of the circulated agencies which provided comments regarding the subject application were the Town of Newcastle Fire Department, the Ministry of Natural Resources, the Ministry of the Environment and the Regional Works Department. None of the aforementioned agencies have provided objectionable comments with respect to the subject application. 7 . STAFF COMMENTS 7 . 1 The Planning and Development Department has reviewed the proposal in relation to the Town of Newcastle Official Plan, the Town of Newcastle Comprehensive Zoning By-law and the Courtice West/Highway # 2 Corridor Study. 546 . . . .6 REPORT NO. : PD-206-90 PAGE 6 7 .2 The applicant has applied to amend the Town of Newcastle Official Plan, the Town of Newcastle Comprehensive Zoning By-law 84-63 and the Courtice West Neighbourhood Development Plan in order to introduce a Local Central Area symbol on the subject property and permit the proposed development. Staff have reviewed the merits of the introduction of a Local Central Area symbol on the subject property and note for the Committee's information that Section 8 .2 .2 . 12 of the Durham Regional Official Plan allows for a maximum of 5574 square metres (60,000 sq. ft. ) of gross retail and personal service floor space. As the applicant is proposing a total floor area which is substantially less than the maximum permitted by a Local Central Area, Staff are of the opinion that the introduction of a Local Central Area symbol is inappropriate. 7 . 3 However, since the redevelopment of the subject property is desirable from a planning perspective, Staff have, as an alternative, examined the merits of establishing an Office Commercial designation which would permit the proposed development and yet maintain the general intent of the Courtice West/Highway # 2 Corridor Study. 7 .4 Staff have met with the applicant on several occasions in an attempt to address the concerns of the municipality with respect to the uses which would be permitted in the Office Commercial designation through the implementing zoning by-law. In accordance with the Courtice West/Highway # 2 Corridor Study, Staff are of the opinion that the full range of uses permitted within the Cl zone is inappropriate and is not in keeping with solid planning principles . As a result of discussions with the applicant, Staff are willing to support only the following uses on the subject property: (i) business, professional or administrative office (ii) medical or dental clinic (iii) bank or financial establishment (iv) restaurant (v) a pharmacy with a maximum leasable floor area of 300 square metres 4 , . . . . 7 REPORT NO. : PD-206-90 PAGE 7 (vi) library (vii) private club (viii) personal service shop uses, limited to the ground floor, not exceeding 20% of the total leasable office floor space excluding the bank. 7 .5 Staff is of the opinion that the aforementioned uses would permit the comprehensive development of the subject property and still maintain the general purpose and intent of the Courtice West/Highway # 2 Corridor Study. In addition, Staff have worked with the applicant in an attempt to address the concerns of both the municipality and the area residents . Staff are of the opinion that the proposed development will not have any major impacts upon the surrounding area and that any minor impacts can be minimized or eliminated through the Site Plan Approval stage. 7 . 6 Staff would note for the Committee's information, that the zone regulations for the subject property have not entirely been finalized since a Site Plan Agreement has yet to be executed. However, the Committee should be aware that Staff have determined that the following zone regulations, if approved, will apply: a. Yard Requirements (minimum) i) front Yard 15 metres ii) interior side yard 2 metres iii) exterior side yard 30 metres iv) rear yard 1.5 metres v) landscape strip 4 .5 metres Staff would also note that the implementing zoning by-law will establish a maximum gross floor area of 3158 .6 square metres (34,000 sq. ft. ) which will be implemented by the aforementioned site specific zone regulation. 8. CONCLUSION 8 . 1 In view of the foregoing, the Town of Newcastle Planning and Development Department cannot support the introduction of a Local `) 48 . . . .8 REPORT NO. : PD-206-90 PAGE 8 Central Area symbol on the subject property. However, as an alternative, Staff recommend that the Official Plan Amendment application be approved to establish a Office Commercial designation in accordance with Attachment # 1. 8.2 Furthermore, Staff recommend that the related Neighbourhood Plan Amendment application be approved in order to establish a Office Commercial designation in the Courtice West Neighbourhood Development Plan in accordance with Attachment # 2 . Finally the Planning and Development Department recommends that the zoning amendment application be approved and that the necessary by-law be forwarded to Council at such time as the related Official Plan Amendment has been adopted by Regional Council and a Site Plan Agreement has been executed. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. L;a rence Kotseff Director of Planning Chief c;L nistrative and Development Officer WM*FW*cc *Attach 14 June 1990 Interested parties to be notified of Council and Committee's decision: Westcom Group Ltd. Attention: Pat McLaughlin 149 Wortley Road LONDON, Ontario N6C 3P4 Walker Gold Fox and Schwarz Attention: Larry Gold 2040 Yonge Street Suite 300 TORONTO, Ontario M4H 1Z9 Nick Sum 3852 Finch Ave. East Suite 410 SCARBOROUGH, Ontario M1T 3T6 PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN COURTICE MAJOR URBAN AREA PURPOSE: The purpose of the amendment is to establish a Office Commercial Area within Neighbourhood 1A. BASIS: The basis of the amendment is an application to permit the establishment of a two (2) storey mixed professional office/ commercial structure on a property located in Part Lot 33, Concession 2 in the former Township of Darlington. ACTUAL AMENDMENT: The Town of Newcastle Official Plan is hereby amended as follows: i) adding a new Section 6 .5 .2 (vi) as follows: vi) Office Commercial a) Office Commercial facilities shall be developed to provide professional and business office services . Limited Retail and personal service commercial uses ancillary to the offices may be permitted on the ground floor of an office building. b) Office commercial facilities are permitted in Central Areas. In addition such uses may be permitted in areas designated Residential adjacent to Highway No. 2 provided that they are limited in scale, maintain the intent of establishing Central Area designed in such a manner to be compatible with surrounding residential areas and specifically identified in this Plan. c) Office Commercial facilities may be permitted on lands in Lot 33, Concession 2, former Township of Darlington on the north-east corner of Centrefield Road and Highway No. 2 . IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official Plan (Courtice Major Urban Area) , as amended, with respect to implementations, shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Town of Newcastle Official Plan (Courtice Major Urban Area) , as amended, regarding the interpretation of the Plan shall apply with regard to this amendment. AMENDMENT NO. 5 TO THE COURTICE WEST NEIGHBOURHOOD DEVELOPMENT PLAN PURPOSE: The purpose of the amendment is to establish a Office Commercial Area within the Courtice West Neighbourhood Development Plan. BASIS: The basis of the amendment is an application to permit the establishment of a two (2) storey mixed professional office/ commercial structure on a property located in Part Lot 33, Concession 2 in the former Township of Darlington. ACTUAL AMENDMENT: The Courtice West Neighbourhood Development Plan is hereby amended as follows: i) By adding the following as Section 2 .5 . 6 : 2 .5 .6 Office Commercial (i) Lands designated "Office Commercial" shall be used primarily for professional and business office uses. Retail and personal commercial uses ancillary to the offices may be permitted. Non-office uses shall not exceed 20 percent of the leasable floor area of an office building. ii) Office Commercial areas shall generally be located within Central Areas . Some limited Office Commercial areas may be located outside such areas along Highway # 2 if so designated in this Plan. iii) the "Office Commercial" area located on the north- east corner of Centrefield Drive and Highway No. 2 may have the following ancillary retail and personal service commercial uses: a financial institution, a restaurant, a pharmacy with a maximum of 300 square metres of leasable floorspace and other personal service uses not exceeding 20 percent of the leasable office floor area. No other retail uses shall be permitted. ii) By renumbering the existing Section 2 .5 . 6 "Commercial Design Guidelines" to become 2 .5 .7 "Commercial Design Guidelines" . iii) Amend Schedule 1 of the Courtice West Neighbourhood Development Plan as shown on Schedule "A" to this Amendment. IMPLEMENTATION: The provisions set forth in the Courtice West Neighbourhood Development Plan, as amended, regarding the implementations, shall apply to this Amendment. 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