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Home My WebLink AboutPD-227-91 1. ti THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV88016.GPA REPORT Meeting: General Purpose and Administration Committee File # D14. gg.o IL Date: Monday, October 7, 1991 Res. # PD-227-91 DEV 88-016 By-Law# Report File#: Subject: REZONING APPLICATION AND NEIGHBOURHOOD PLAN AMENDMENT COURTICE HEIGHTS DEVELOPMENT PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 88-016 (X-REF: NPA 88-01/CN) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-227-91 be received; 2 . THAT the Neighbourhood Plan Amendment application NPA 88-01/CN submitted by Mr. W.D. Manson on behalf of Courtice Heights Development to amend the Neighbourhood Plan from a Convenience Commercial designation to a Local Central Area designation be APPROVED. 3 . THAT rezoning application DEV 88-016 submitted by Mr. W. D. Manson on behalf of Courtice Heights Development from "Holding - Neighbourhood Commercial ( (H) C2) to "General Commercial (Cl) " be APPROVED. 4 . THAT the amending By-law will be forwarded to Council for approval when the owner has entered into a Site Plan Agreement with the Town of Newcastle. 5. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Mr. W.D. Manson 1. 2 Owner: Courtice Heights Development 1. 3 Rezoning: From "Holding Neighbourhood Commercial (H(C2) ) to "General Commercial (Cl) . 1. 4 Neighbourhood Plan Amendment: From Convenience Commercial to Local Central Area 1. 5 Area: 0. 736 hectares (1.8 ac) 2 LOCATION 2 . 1 The subject site is located on the North east corner of Trulls Road and Nash Road, in Part of Lot 30, Concession 3 , former Township of Darlington. — 2 REPORT NO. PD-227-91 PAGE 2 3 BACKGROUND 3 . 1 On January 25, 1988, the Planning Department received an application to amend the Courtice North Neighbourhood Development Plan and the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, to permit the development of a retail commercial complex with 1673 square metres (18, 000 sq. ft. ) of floor area. 4 EXISTING AND SURROUNDING USES 4. 1 Existing Uses: vacant 4 . 2 Surrounding Uses: East - application for plan of subdivision - 118 townhouses (18T 91005) West - Existing Residential Subdivision South - Existing Condominium Complex North - Existing Residential Development 5 OFFICIAL PLAN POLICIES 5. 1 The 1976 Durham Region Official Plan designates the land as "Residential" . Retail uses are permitted to locate within Residentially designated areas, provided that the lands are designated appropriately in the municipal official plan. Lands designated Local Central Areas are suitable for the development of retail uses. 5. 2 The 1991 Durham Region Official Plan designates the land as "Living Areas with indications of "Environmentally Sensitive Areas" on part of the site. The policies for "Living Areas" state that limited retailing of goods and services is permitted provided that the land is designated as a Community Area or Local Central Area in the Town of Newcastle Official Plan. With respect to "Environmentally Sensitive Areas" , the extent of which will be detailed in the zoning by-law amendment after consultation with the Central Lake Ontario Conservation Authority. 5. 3 With respect to the Town of Newcastle Official Plan, the REPORT NO. PD-227-91 PAGE 3 property is designated as "Local Central Area" which permits a maximum of 1670 square metres of retail and personal service floor space. 5.4 In the Courtice North Neighbourhood 3B Plan the property is designated "Convenience Commercial" . This designation limits the floor area to 465 square metres. In order for the proposed development to comply to the Neighbourhood Plan, an amendment to designate the lands "Local Central Area" must be made. 6 ZONING BY-LAW PROVISIONS 6. 1 According to the Town of Newcastle Comprehensive Zoning By-law 84-63 , as amended, the lands are zoned "Holding - Neighbourhood Commercial [H(C2) ] . This zone permits retail uses with a maximum of 500 square metres of floor area. The applicant has applied to amend the zoning to "General Commercial (Cl) " zone. This zone does not limit the amount of floor area a commercial use may have. However, in order to comply to the Town Official Plan, the floor area can not exceed 1670 square metres. 7 PUBLIC MEETING AND SUBMISSION 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 At the Public Meeting held on April 5, 1988 a letter was read into the record. This letter was from Mr. Gelsomino, Solicitor for Mr. and Mrs. Francesco Longo. Mr. Longo owns land downstream from this site and his concerns included that his land not be impacted upon by this development and that storm water run-off into the creek will be limited. Upon discussions with Mr. Manson, it appears that Mr. Longo's concerns have been dealt with. , � { . . . .4 J i REPORT NO. PD-227-91 PAGE 4 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Public Works Town of Newcastle Community Services Department Durham Region Planning Department 8 . 2 The Town of Newcastle Fire Department had no objection to the application, but note that all access routes to all portions of the proposed building must be kept open and that proper fire route signs be installed. 8. 3 The Durham Region Works Department requested that a servicing agreement be entered into with the owner of the lands. 8.4 The Central Lake Ontario Conservation Authority had no objection to the change in zoning but note that all of the Authority's concerns must be resolved prior to issuance of a building permit. The engineering for this site varies from that specified in the Courtice Storm Water Management Study and the Conservation Authority is satisfied that all their concerns can be met. 9 STAFF COMMENTS 9 . 1 Staff note that this site has been designated in the Town of Newcastle Official Plan as a Local Central Area permitting 1670 square metres of retail floor area. The applicant has applied to amend the Neighbourhood Plan and the Zoning By-law so that the site would conform to the Town of Newcastle Official Plan designation of "Local Central Area" . 9. 2 The applicant has applied to permit a retail development with 1673 square metres of floor area. This exceeds the maximum allowable floor area of 1670 sq. metres stipulated for the Local 71 . . . . 5 REPORT NO. PD-227-91 PAGE 5 Central Area, as specified in the Town of Newcastle Official Plan. Therefore, the Neighbourhood Plan amendment and Zoning By- law Amendment must reflect this provision. 9. 3 The current applications for amendment to Neighbourhood Plan and Zoning By-law are intended to bring these documents into conformity with the Town of Newcastle Official Plan and Staff have no objection to this. Since the applicant has not submitted a site plan for approval, Staff would only recommend the rezoning application be approved but the amending by-law will not be passed by Council until the site plan is duly approved and that the application has satisfied the Town's and other agencies requirements. 10 CONCLUSION 10. 1 With respect to the information provided above, Staff believe that the applications to amend the Neighbourhood Plan and the Comprehensive Zoning By-law, if approved, bring the land into conformity with the Town of Newcastle Official Plan. Inasmuch as the Newcastle Official Plan is the governing document, Staff recommend that these applications be approved and that the zoning by-law amendment be forwarded for approval pending the completion of a site plan agreement. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawren e Kotseff Director of Planning Chief Ad inistrative and Development Officer HM*FW*cc *Attachment #1 - Locational Map *Attachment #2 - Neighbourhood Plan Amendment 27 September 1991 REPORT NO. PD-227-91 PAGE 6 Interested parties to be notified of Council and Committee's decision: Mr. W. Manson Mr. F. Longo 20 Clematis Road 1590 Highway #2 Willowdale, Ontario Courtice, Ontario M2J 4X2 L1E 2P6 Mrs. Breen Jim Reynaert 726 Downview Cres R.R. #3 Oshawa, Ontario Bowmanville, Ontario L1H 7W3 L1C 3K4 - 1 7 SUBJECT SITE EP 3(H)R A R2 RI R2 (H)R4 t M PRI /� P EP /`-� EPA t w O R2 I0 tW U (j) R2-2 � W EP I (H)R3 EP R1 t ° Z ( � (H)EP (H)R2-3 I Q R2 I !n -1 EP R2-2 j R I WESTMORE STREET R2 R2 R1 I NASH —ROAD R1 EP R1 ( R1 R4 N � i z R l _- -- EP � O � (H)R4 (n ' W ' ti Nyq \` EP (H)RI R, o c5-5 I - V 0 50 100 ?00 300m KEY ' MAP som ' t� P Dev . .88 ° 16 rr It Y. t{F �:l t"U.Co o ft ........................ V. O • 5n nL O :jn • a 41*,4- .............. J. zi .......... •............... L Cr Lr fH .......... 18 v�t 1 L ............ rl O. ter ............ ....... I ...... 35 X X �QI x i. xxx: . ......... • D GLENVIEW 38•X . ... ... ........ Xx ix w If)• 0 -x 0: 15 CHANGE FROM *,n.. ...... z ............ ........... "CONVENIENCE tl ............ ............ X. ................... 15 . .............. I .. .......... ........... COMMERCIAL . ................ WEST MORE STREET TO "LOCAL CENTRALAREA LC . I 5 .. .. .. tq O _ L. ® 0 X ............ X 5 ........... H 100 200 400 200 a* Schedule "A" to Amendment +7 to the COURTICE NORTH NEIGHBOURHOOD 3B DEVELOPMENT PLAN