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HomeMy WebLinkAboutPD-50-86 TOWN OF NEWCASTLE } REPORT File # Res. # -�. By-Law # MEETING: General Purpose and Administration Committee DATE: March 3, 1986 REPORT #: PD-50-86 FILE #: 85-59/ND, OP 2.2.2 and DEV 85-47 SUBJECT: APPLICATION TO AMEND TOWN OF NEWCASTLE OFFICIAL PLAN (COURTICE URBAN AREA) - FILE: 85-59/ND APPLICATION NO. 1 TO AMEND COURTICE SOUTH NEIGHBOURHOOD DEVELOPMENT PLAN - FILE: OP 2.2.2 APPLICATION TO AMEND COMPREHENSIVE ZONING BY-LAW - FILE: DEV 85-47 JARIGAY INVESTMENTS LIMITED - PART LOT 28, CONCESSION 2, DARLINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-50-86 be received; and 2. THAT Official Plan Amendment application 85-59/ND, Application No. 1 to amend the Courtice South Neighbourhood Development Plan, and Rezoning Application DEV 85-47 be referred back to Staff for further disccusions with the applicant with respect to development of the subject site; and 3. THAT a copy of this report and Council ' s decision be forwarded to the Region of Durham and the applicant. BACKGROUND: On December 17, 1986, Jarigay Investments Limited submitted, to the Town, an application to amend the Courtice South Neighbourhood Development Plan and a combined application for rezoning and site plan approval . Subsequently, on December 30, 1985, the Town was advised by the Region of Durham of an application submitted by Jarigay Investments to amend the Town of Newcastle Official Plan (Courtice Urban Area) . . . .2 REPORT NO. : PD-50-86 Page 2 The purpose of the applications is to redesignate in the Official Plan and Neighbourhood Development Plan and to rezone a 0.31 ha (0.76 acre ) lot in Part Lot 28, Concession 2, Courtice Urban Area (see key map attached) to permit the development of a 610 square metre (6,500 sq.ft. ) retail plaza and gas bar. The subject site is currently designated "Special Purpose Commercial " by the Town of Newcastle Official Plan and the Courtice South Neighbourhood Development Plan, and zoned "C5-5 Special Purpose Commercial Special Exception 5" by the Comprehensive Zoning By-law. This zoning permits all uses permitted by the "C5" zone with the exception of a tavern or beer, liquor or wine outlet, and reflects the zoning of the property under By-law 2111 of the former Township of Darlington. The property is currently used to park vehicles for the automobile dealership located across Courtice Road from the site; as well , there is a single family dwelling on the lot which the applicant proposes to demolish through the development of the site. In accordance with Departmental policy, the application was circulated to various departments and agencies for comment. As well , the Region of Durham provided copies of comments received through their circulation of the Official Plan Amendment application. The following is a summary of the major comments received. Region of Durham Works Department "Sanitary sewer and municipal water services will not be available to the subject land until further developments proceed on the adjacent lands. Therefore, the proposal has to proceed with private servicing at this time. With respect to the abutting Regional Road 34, we wish to request a 18.58' widening (marked in red on the attached plan) along the Courtice Road frontage of the subject land as a condition of approval . In addition , it appears that there is an error (shown as hatched area on the attached plan) in the deed with respect to the existing road allowance. If this is the case, it should be resolved at the same time. i Furthermore, our staff in the Traffic Division are of the opinion that the proposed entranceway onto Courtice Road as shown on the submitted site plan appears to be too close to the Highway 2/Courtice Road intersection. . . .3 REPORT NO. : PD-50-86 Page 3 Region of Durham Works Department (Cont'd) However, the exact location and design of the proposed entranceway are anticipated to be established through the subsequent site servicing plan approval . Due to the proposal being commercial in nature, there are no financial planning implications with respect to our current development charge policies." Town of Newcastle Public Works Department "We have reviewed the above-noted application and find we have no objection to this proposal as shown on the site plan. The grading plan is acceptable as prepared, however, please note that the catchbasin connections on the street and the entrances are the responsibility of the Region or the Ministry." Region of Durham Health Unit "The above application for Official Plan amendment and rezoning has been investigated by this Health Department, and has not been approved as there is insufficient land for a private sewage disposal system." Central Lake Ontario Conservation Authority "All of the property contained in the application is subject to Ontario Regulation 161/80. In fact, the northern portion of this property is within the Regional Storm floodplain of the Black Creek. The proposed access road to Highway #2 and a limited portion of the parking lot and driveway adjacent to Highway #2 would be subject to a few inches of flooding under Regional Storm conditions. Therefore, it would appear that the proposed development could be accomplished without adverse affects on the existing floodplain if the existing grades in the floodprone area are generally maintained. This would also prevent the creation of a flood risk to -the proposed structure and gas pumps. The drawings submitted in support of the application do not illustrate lot grading or show any elevations. Without this information, we cannot fully determine the influence this development may have on the existing floodplain. Staff requests that the Town of Newcastle incorporate the following, as conditions of site plan approval . (1) A lot grading plan showing proposed final elevations must be submitted to this Authority for approval . (2) All openings to the gasoline storage tanks must be above 437.3 feet C.G.D. . . .4 REPORT NO. : PD-50-86 Page 4 --� Central Lake Ontario Conservation Authority (Cont'd) Staff also requests that the applicant be informed that a permit from this Authority is required prior to any filling or grading on this property and a permit for construction will also be required prior to any development of that portion of the property within the floodplain." Ministry of Transportation and Communications "Although this Ministry has no objection in principle to the proposed amendment, we do have concerns with the preliminary site plans as submitted. Due to the curve of Highway No. 2 at this location, and the small frontage of the property, we advise that all access to the site will be restricted to Courtice Road South with no direct access to Highway No. 2. On this basis, we suggest the owner contact our District Office to discuss details regarding our setback requirements for all commercial buildings, pumps, canopies, tanks, illumination and signs." COMMENT: As indicated by the comments received through the circulation of the application, a number of concerns exist with respect to the development of the subject site as proposed by Jarigay Investments. The applicant has submitted a revised plan in response to the concerns identified by C.L.O.C.A. , a copy of which has been forwarded to the Conservation Authority. However, comments on the revised plan have, as of yet, not been received. Staff have been advised by the Region of Durham Health Unit that the applicant has contacted Health Unit Staff with respect to their concerns, and has indicated that a revised proposal for sewage disposal on-site will be submitted. The Health Unit advised the Town that their position continues to be that the proposal as submitted is unsuitable. Staff also refer to the concerns with respect to access, in particular that M.T.C. has indicated that direct access to Highway No. 2 will not be permitted. . . .5 REPORT NO. : PD-50-86 Page 4 The applicant proposes the construction of a 610 square metre retail plaza with a list of proposed uses consistent with those permitted by the "C1-General Commercial " zone of By-law 84-63. Staff, however, have concerns with the size of the proposed structure and a number of other site development issues including the locating of the proposed gas pumps, the location of the required loading and parking spaces, and the location of the proposed garbage disposal bin. The road widening being required by the Region of Durham would reduce the area of the lot by approximately 350 square metres or 10% of the existing lot area. In consideration of the on-going discussions with the applicant to resolve the site development aspects of the application, it is recommended that the applications for Official Plan Amendment, amendment to the Neighbourhood Development Plan and rezoning, be referred back to Staff for further discussion with the applicant. Respectfully submitted, T.T. Edwards, M.C. I .P. Director of Planning JAS*TTE*j i p *Attach. February 13, 1986 Applicant: Mr. Richard Gay Ashley 333 Company Ltd. 97 Athol Street OSHAWA, Ontario L1H 7V4 SUBJECT SITE LOT 29 LOT 28 LOT 27 R1 A - ------- - - -- -- ----_ R1 (H)R1 , I 1 EP EP I (H)R11 H? R1 EP, i C5-5 ICMWAY I I Rt N z O N U) I W I I z O i o eo'00 xoo soon [ KEY MAP -'''