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Home My WebLink AboutPD-17-88 DN: 17-88 TOWN OF NEWCASTLE r REPORT File # Res. # By-Law # hEETINGu: General Purpose and Administration Committee DATE: Monday, January 18, 1988 REPORT #: PD-17-88 FILE #: DEV 87-91 SUBJECT: REZONING APPLICATION - MOLLENHAUER PROPERTIES LTD. PART LOT 35, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 87-91 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-17-88 be received; and 2. THAT the Rezoning Application File: DEV 87-91, be referred back to Staff pending the applicant's submission of aq appropriate amendment to the Town of Newcastle Official Plan, Courtice West Neighbourhood Development Plan and a Retail Market Analysis in support of the proposed retail commercial plaza. BACKGROUND AND COMMENT: On November 5, 1987, the Planning Department received an application submitted by Mr. John Mollenhauer of Mollenhauer Properties Ltd. to rezone a parcel of land within Part of Lot 35, Concession 2, former Township of Darlington to permit the development of a retail commercial plaza, approximately 14,000 square feet in area. The subject site is designated "Residential" in the Regional Official Plan. The Regional Plan permits, without the necessity of an amendment to this Plan, an existing commercial strip to consolidate into a Node, provided that such Node is developed in accordance with good urban design principles. . . .2 \ DED0IT 00. : PD-17-88 PAGE 2 _______________________________________________________________________________ The subject site is designated "Special Purpose Commercial" within the Cnortioe Major Urban Area Official Plan. Section 6.5.2(in) states that . . . legally existing commercial ooea shall be permitted to continue and Council shall encourage their upgrading according to the needs of the developing Urban Community. Nothing within this Plan shall be deemed to prevent Council from zoning to permit the continuation, expansion, or enlargement of existing commercial uses. Special Purpose Commercial uses shall serve the needs of the residents on an occasional basis with services and facilities which consume larger parcels 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 appliance ooIeo. Within Zoning By-law 84-63v as amended, of the Town of Newcastle the subject site is presently zoned "Special Purpose Commercial (C5)". The above-noted zone permits uses such an, and similar in kind, as listed above, within the provisions of the Cnuctice Urban Area Official Plan. In accordance with approved policy, the subject application was circulated to various agencies and departments for comments. The Town of Newcastle Building Department offered no objection. Town of Newcastle Fire Department . "The Newcastle Fire Department indicated their opposition to the application. Due to the amount of gcm*tb in the municipality, it is o concern as to bow this part-time department (4 full-time firefighters) will be able to maintain a high level of response. Should this project proceed, it is recommended that no permits be issued until aoneoa routes are in place in accordance with Subsection 3.2.5.2(6) of the Building Code/ dealing with access by means of road or yard." Region f Durham Planning tme t "The Durham Regional Planning Department indicated that the subject site was designated "Residential" in the Regional Official Plan. However, Section 8.3.3.2 of the Plan permits the consolidation into a Node of an existing commercial strip. Accordingly, the proposal for a retail commercial plaza may be permitted by the Regional Official Plan. 11 VV REPORT 00. : PD-17-88 PAGE 3 _______________________________________________________________________________ Region f Durham Planning tmeot (Coot"d) The Region further stated that providing Council is satisfied that there is an property,existing commercial use on the subject other commercial ooeo may be permitted by Section 6.5.2(iv) (b) and (c) which state: nb) Legally existing commercial oaeo shall be permitted to continue, and Council shall encourage their upgrading according to the needs of the developing Urban Community. o) Nothing within this Plan shall be deemed to prevent Council from zoning to permit the continuation, expansion or enlargement of existing commercial uses provided that such existing uses, expansion or enlargement will have no adverse effect on the present oaeo of surrounding laude or the implementation of the provisions of this Plan.1111 Town of Newcastle Public Works tneot "The Town of Newcastle Public Works Department indicated no objection to the proposal subject to the following comments: I. That the applicant pay for a concrete sidewalk on Highway 0o. 2 and Towoliue Road for the frontage width of the subject lands (70.3 metres) . 2. That the applicant for site plan approval prepares a site plan satisfactory to this Department that shows grading, site drainage, oatobbasiu, elevations of proposed and existing grades, services, etc. 3. That the applicant's 8uglueeza for site plan approval prepares m site Servicing Report that outlines the manner in which the on-site drainage will be controlled and dealt with. Please provide the appropriate \ drainage calculations. 4. Since the access on to Highway No. 2 is a oonnnnu aooeoa permission to alter this anoeoa must be obtained from the adjacent property owner. 5. At site plan approval stage, we obmII provide a more detailed review." Mr. Joel 8icocb of Mandel, 8izonb & Biuea, Barristers 6 Solicitors, on behalf of Booebay Construction Limited, by correspondence, objected to the proposed zoning by-law amendment. - REPORT 00. : 9D-17-88 PAGE 4 _______________________________________________________________________________ It is Dooebay Construction Limited position that "the proposed zoning change is not consistent with the orderly development of the neighbourhood. There is already ample retail onnmecoiaI space in the area and further development would have adverse effects on the tenants." Staff would note for the Committee's information that Booebny Construction Limited is a landowner within the Corporate limits of the City of Oshawa yet within the prescribed circulation distance for the present application. It is noted for the Committee's information that the subject lands are presently vacant. It is Staff's opinion that Section 6.5.2(iv) (b) and (o) ' within the Town's official Plan, as stated previously, would not apply iuuomooh as each subsection refers to "existing commercial uses". Accordingly, an amendment to the Town of Newcastle official Plan and Courtioe West Neighbourhood Development Plan is warranted. In addition to the above comments, Staff would note that Section 6.5.3iil within the Town Official Plan states that Council may require that a Market &oolyaie be carried out to justify a proposed commercial development and to evaluate the potential impact on existing and future development. As Committee may recall, in Staff Deport PD-I60-87 dealing with the 8i-Way Store, Provenzano and Cbolouiuk Rezoning Application to the east, it was noted . that the Coortioe West Neighbourhood could support approximately 2514 square metres of retail commercial floor space. The approval of this application (Bi-Way, Provenzano and Cbolouiuk) for the onoatcootioo of 2775 square metres of new commercial floor space, represented approximately a IO% oversupply of commercial floor space based on the market demand figures available to Staff. Based on only a 10% oversupply, the need for the preparation of a Retail pmaIyoia was deemed marginal. The approval of the present application, submitted by Molleobauec Properties Limited, however, to permit a I'300 square metre retail commercial plaza would represent approximately a 62% oversupply of commercial tloorapooe based on the above-noted figures. This oversupply includes the IU% as noted in the Bi-Way, Provenzano and Cbolooiuk application. REPORT ND. : DD-17-88 PAGE 5 ------------------------------------------------------------------------------- Accordingly and in consideration of the above comments, it is Staff's opinion that an amendment to the Town of Newcastle Official Plan and Cooctioe West Neighbourhood Development Plan, and the submission of a Market Retail Analysis is required prior to the consideration of the Rezoning Application. Staff would note that, obooId Committee deem it appropriate that the above-noted amendments are not required, the submission of the Market Analysis in light of the oversupply of commercial floor space be submitted for evaluation of the Rezoning Application. Respectfully submitted, Recommended for presentation to the Committee C. �-7~-� --�~----�------ �-�---=--- --------------- T. E a��0.C.I.9. �3�rmu Kotaeff o� �laooiog Cbief ��i atrative 0��icec v PB0*TTO*jip *Attach. January 7, 1988 APPLICANT: Mnlleubauez Properties Limited c/o Strike and Strike Barristers & 8oItoitoco P.O. Box 7 ' B8WMANVILLO' Ontario LIC 3D8 � ) 5-3 S3 7 �� 6 O(-) SUBJECT SITE LOT 35 LOT 34 LOT 33 R1 Rl NASH ROAD (H)Rl R1 [RI / c C5 C7 — -- _ C5-3 R2 C2 R}-4 C5 HWAY . _ EP C5 ...� . C5 NR 2 ---- R1 Rl _ � o � N N ? a (H)R1 0 z ° � EP I w . O 7 J y, °- 0 R1R;� R1 > c� R1 z � W z Rt O W -j H)R I �"' W V Z 3 (H) , a Z 0 �°. R I 0: Rl RI 0 a EP Rl H)RI l (H) R1 0 50 loo WO 300m KEY ' MAP som Dev . 87 - 91