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HomeMy WebLinkAboutPD-69-88 DN: LDC TOWN OF NEWCASTLE REPORT File # G/ �• Res. # -- �. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 21, 1988 REPORT #: pD_69_8s FILE #: SUBJECT: SUMMARY OF LAND DIVISION COMMITTEE APPLICATIONS FOR MONTHS OF DECEMBER, 1987 AND JANUARY, 1988 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-69-88 be received for information. BACKGROUND AND COMMENTS: For the information of the General Purpose and Administration Committee, Staff have prepared the attached list of applications to the Land Division Committee for the months of December, 1987 and January, 1988. This list includes the file number, applicant's name, site location, type of severance requested, Official Plan conformity, By-law conformity, Staff's comments on the applications and the Land Division Committee's decision. Respectfully submitted, Recommended for presentation to the Committee T.T. Edwards, M.C.I.P. Lawrenc E Kotseff Director of Planning Chief dmi istrative Officer PBN*TTE*jip *Attach. March 8, 1988 MONITORING OF LAND DIVISION COMMITTEE DECISIONS ================================================= File mn' z Applicant z Location I Nature of Application z Staff Comments z L.D. Decision =========I=================I==========I=======================I======================I================ LD87/780 I JAMES I L19 C 5 I B88ID. I NO OBJECTION-SUBJECT I APPROVED Z I DADL. I NEW LOT I TO CONDITIONS I Lo88/001 z oANARAoKA I L 3 C 8 1 RURAL RE8ID I NO OBJECTION SUBJECT I APPROVED I GOLDEN LEAF I CLADKE I NEW LOT I TO CONDITIONS I Lo88/006 z LoWERY z L22 o 8 z RETIREMENT I NO OBJECTION SUBJECT I APPROVED-APPEAL I JAMES Z CLAoKE I LOT I T0 CONDITIONS I LD88/013 I C08TANZ0 I L30 C 4 I RURAL I STAFF DOES NOT I TABLED I T AND U I DARL. I RESIDENTIAL I SUPPORT APPLICATION I LD88/0I8 I ALLIN I L19 C % I RURAL REoID I NO OBJECTION-SUBJECT I APPROVED I I CLARKE I NEW LOT I T0 CONDITIONS I =========I=================I==========I=======================I======================I================ LD88/019 I ALLI0 I L19 C 2 I RURAL DEGID I NO OBJECTION SUBJECT I APPROVED I I OLARKE I NEW LOT I T0 CONDITIONS I LD88/028 I MEMPHIS HOLDING I L 9 CBF I INDUSTRIAL I NO OBJECTION SUBJECT I APPROVED I I DARL. I I TO CONDITIONS I LD88/031 I GADT8IER I L 0 0 I BOUNDARY I NO OBJECTION I APPROVED I I I REALIGNMENT I I =========z=================I==========z=======================I======================I================ LD88/033 I AK&L 000ST' I L34 0 2 I BOUNDARY I NO OBJECTION-SUBJECT I APPROVED z I DARL, Z BE-ALIGN. I TO CONDITIONS I LD88/037 I GAY, RICHARD I L25 0 1 I RURAL BE3ZD I D0 NOT SUPPORT I APPROVED I I DARL. I NEW LOT I I =========I=================z==========I=======================I======================I================ LD88/044 z PERRY z L 1 n10 z TWO RURAL I NO OBJECTION SUBJECT I APPROVED I 8C8MABL I dazl I RE8 LOTS I T0 CONDITIONS I DN: 73-88 TOWN OF NEWCASTLE REPORT File #�, 32-- / 7 Res. # : �• By-Law # hE1fING: General Purpose and Administration Committee DATE: Monday, March 21, 1988 REPORT #: PD-73-88 FILE #: DEV 88-11 SU&ECT: REZONING APPLICATION - WEST BOWMANVILLE DEVELOPMENTS LTD. PART LOTS 15/16, CONCESSION 1, DARLINGTON OUR FILE: DEV 88-11 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-73-88 be received; and 2. THAT the application submitted by West Bowmanville Developments Limited to rezone a parcel of land located within Part of Lots 15 and 16, Concession 1, former Township of Darlington to permit the development of a shopping centre as defined within By-law 84-63, be approved and that the by-law attached hereto be forwarded to Council for approval; and 3. THAT the applicant be so advised. BACKGROUND AND COMMENTS: On January 27, 1988, the Town of Newcastle Planning Department received an application for rezoning, submitted by West Bowmanville Development Limited to rezone a parcel of land in Part of Lots 15 and 16, Concession 1, former Township of Darlington. The amendment would permit the development of a shopping centre, as defined within By-law 84-63, being the Town of Newcastle's Comprehensive Zoning . . .2 REPORT 0O. : PD-73-88 PAGE 2 ---------------------------------------------------------------------------------- By-law. Staff would note for the Committee's information that within Zoning By-law 84-63, Section 3 entitled "Definitions", states that a nob000img oeutze'` obaII mean a group of cmnoezoiaI establishments which have been designed, developed and managed as a unit by a single ovmzec or tenant, or n group of ovmzezo or tenants, as distinguished from a business area comprising unrelated individual uses. Within the "General Commercial (Cl) " zone, o shopping centre containing any of the ooeo listed in Section 16.Ib. in the (Cl) zone is permitted. The subject site is designated "Reoideotial»' in the Durham Regional Official / Plan and "Low Density Residential" in the Town of Newcastle Official Plan. The Town of Newcastle Official Plan also indicates a "Local Central Area" in the vicinity of the subject property. The Regional Plan permits "Local Central Areas" within the "Residential" designation in accordance with the provisions of Section 8.2. Staff would note for the Committee's information that pursuant to Council's resolution of July 36, 1982 and the requirements of the Planning Art, the appropriate aiguage was installed on the subject lands. In accordance with departmental procedures, the application was circulated to ' obtain comments from other departments/agencies. Staff would note the following departments/agencies, in providing ooxnneotsv offered no objections to the application as filed: - Central Lake Ontario Conservation Authority - Region of Durham Works Department - Ministry of Agriculture and Food - Newcastle Hydro Electric Commission The Ministry of Transportation, in reviewing the proposal as submitted, have verbally, requested that tbe proposal be revised to accommodate for the location of the collector road to the east of tbe commercial block. Furthermore, it was confirmed that access from the site onto Highway 0V. 2 would be addressed at such time that a site plan proposal and Development Agreement are considered for approval. REPORT N0. : DD-73-88 B&QE 3 ----------------------------------------------------------------------------- Staff would note that the proposed limits of the commercial block, as submitted, has been revised in consideration of the Ministry's comments by deleting a portion of the site along the east boundary to accommodate the collector road from Highway No. 2. In discussing the proposal with Ministry Staff, it became apparent tbnt the request for the revision was to accommodate what was considered the most appropriate location for access to the overall holdings. The Department of Health, in responding, indicated that the above application for rezoning had been investigated and insofar as health matters are concerned, approval was not recommended. A development of this nature should not be developed ooIeoo serviced by municipal water and sewers. In response to Staff's notice of the proposed by-law auveudnmaut' the Regional Planning Department offered the following comments: "The subject property is designated "Residential" in the Durham Regional Official Plan and '`[ow Density Residential" in the Town of Newcastle Official Plan. The Town of Newcastle Official Plan also indicates a nImoaI Central Area" in the vicinity of the subject property. The Regional Plan permits "Local Central Areas" within the "Residential" designation in accordance with the provisions of Section 8.2. However, Section 8.2.3.2 states: "Central Areas shall be fully serviced by municipal water and sewage systems / and that this obaII be a necessary condition before development in Central Areas is permitted." Accordingly, this proposal for a shopping centre to be developed on private servicing, would appear not to conform to the Regional Official PIau^n In respect of the above comments from the Regional Health [bit and the fegluoaI Planning Department, Staff would advise that the proposal is to develop on full nnuoioipmI services. To that end, Staff would acknowledge that m letter from the Regional Works Department has been received which confirms that Regional Staff have reviewed a concept plan to service the West Bcmnnaoville Development property and have offered no objections to the proposal. Staff have discussed with Regional Planning Staff the above-opted 000uneuto and been advised verbally that the proposal would appear to comply with the provisions of the Regional Official Plan. L/ REPORT 0D. : PD-73-88 PAGE 4 _______________________________________________________________________________ As confirmed by Regional Staff, the proposed rezoning application is located in the "Residential" designation in the Durham Regional official Plan and "Low Density Residential" in the Town of Newcastle Official Plan. Secondly, within the Town official Plan a xImnal Central Area" is indicated in the vicinity of the subject property. Section 2.1.3(1)a) states that the 8ovmaoviIle Major Urban Area has been divided into three (3) communities. Furthermore, Local Central Areas are to be planned and developed similar in kind but generally smaller in scale than the Main Central Areas and shall serve as focal points of activity for residential communities servicing the day to day needs of the residents of the aoccooudiug residential areas. / Section 3.5.2(ii)d) states that as a general guideline, the maximum gross retail and gmzaoual service floor apace shall be 5500 square metres. The applicant has iodinated their intentions to develop a DcopoaoI in compliance with the applicable provisions of the Region and Town's Official Plan. Section 2.1.2(iii)b) within the Town's official Plan states that, in determining whether the preparation of a Neighbourhood Development PIuo should be considered within a given neighbourhood, Council oboIl consider, among other things, the pattern of land ownership; the density of development proposed; � environmental sensitivity; the land use and transportation patterns in / aUccnuudiug neighbourhoods; and the availability and adequacy of existing � services. In consideration of the above items, it is Staff's opinion that the preparation of a Neighbourhood Development Plan is not warranted. � Staff would note for Committee's information that Subsection 3.5.3(iii) within the Implementation provisions pertaining to Central Areas within the Town's Official Plan states that, Council may require that a retail analysis be carried out, at the expense of the applicant, to justify the need for and identify the effects of such proposed development upon the viability of any existing Central Area. It is Staff's opinion that, in consideration of the proposal proceeding in compliance with the applicable provisions of the two (2) Official Plans, a Market Analysis is not required. The regulating of business competition through zoning onotcolo should not be considered unless such competition will seriously undermine planning objectives relative to looatiooaI and laud use criteria. REPORT 00. : 9D-73-88 PAGE S _______________________________________________________________________________ In consideration of the above comments, Staff would have no objections to the approval of the attached by-law rezoning the subject lands to "Holding - General Commercial ( (H)Cl)". The use of the Holding (B) symbol would e000ce that, prior to its removal by Council, the Owner has satisfied the requirements of the Regional Municipality of Durham with respect to the provision of sewer and water services and secondly, that the development of said lands has proceeded satisfactorily through the site plan approval process. Respectfully submitted, Recommended for presentation to the Committee ' --��-----7-�'-�r----------- M ----------------- L.D. TayI�� ~ 0oteeff Deputy Director of Planning Chief Admi iatrmtive officer v IJ}T* 'ip *Attach. March 14' 1988 APPLICANT: Mc. V0n. Daniell c/o West Bovmnaoville Development Ltd. 70 Beacham Crescent SCARBOROUGH, Ontario MIT lNl BOWMANVIL.L, LEGEND emu URBAN AREA BOUNDARY •' .( LOW DENSITY d i N RESIDENTIAL AREAS N © MEDIUM DENSITY RESIDENTIAL AREAS ei n 26 HIGH DENSITY 00 r O RESIDENTIAL AREAS y - H` MAIN CENTRAL AREA LC O '� N M GPR. ®SPECIAL PURPOSE i COMMERCIAL _ INDUSTRIAL MAJOR OPEN SPACE • o � N i b - � ZA — -- - i MINOR OPEN SPACE 4 #)' —— i -- "^D i :;%�.37t HAZARD LANDS w N N _. NEIGHBOURHOOD BOUNDARY LOCAL CENTRAL AREA © COMMUNITY PARK HWY 2 1b0 H N e ; O NEIGHBOURHOOD PARK NN O UTILITY E� OINSTITUTIONAL WOR 3000 ; © eT ' JUNIOR ELEMENTARY SCHOOLS ■ N'NI o HWY Ne 2 © PUBLIC ,i`�"�� ` ,LC' �•" - �y4os.. ® SEPARATE PRIVATE M_g i' •���• .I! 0p £ Sv.'� SENIOR ELEMENTARY SCHOOL N' Q v e4 N +. O PUBLIC H ` ,p:•° N SECONDARY SCHOOLS 1#sr as PUBLIC V . ® PRIVATE t r< TRANSPORTATION NETWORK (Road network le generalize eee uhed.14 3 for der°ile) rt S LAKE ONTARIO TOWN OF NEWCASTLE OEFATYEM K PlI.x41xG 0.40[EVEEea NExT , BOWMANVILLE LAND USE STRUCTURE PLAN SCHEDULE i JUNE 26.1961 ,"P B N •'JUNE X16 1981 • 1-A-S.A NNIIwN.NNNNIN NINNINw111.Nw. NNN............ .w. ........ wN���Ml,MN�WNMMM�MwM GREEN ROAD FM ■ < 1 O W to ■ t N 0 co �' m co I ol ,REGIONAL ROAD 57 u � RFIONOA AVE. = fn WAVER R AD N _ • CONCESSION 1 DN: A/HCl THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Holding - General Commercial ((H)Cl)" Zone as shown on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. MAYOR CLERK This is Schedule X to By-law 88--, l,- passed this day of , 1988 A.D. LOT 16 }-E--C LOT 15 H/GHWAY N° 2 194mi M LO ^' Q Q 0 3� °� 0 Q 121 m i � Q Z O U W 0 IIP NP�\PN I GP ® ZONING CHANGE FROM W TO '(H)C1 MOTHER LANDS OWNED BY APPLICANT 0 25 50 100 150 250m Mayor 503010 Clark LOT 16 LOT 15 LOT 14 A _ EP RE A-13 y NO 2 o W SUBJECT SITE -, (H)R I Z o ir O o_ _j (H)R2 a I 0: (n (H)R4 a V Z O R1 A BOWMANVILLE 0 100 200 300m 60m 0