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Home My WebLink AboutPD-127-88 DN: 127-88 TOWN OF NEWCASTLE File # REPORT 60, Res. # _gS By-Law # j- $ hELTING: General Purpose and Administration Committee DATE: Monday, June 6, 1988 REPORT #: PD-127-88 FILE #: DEV 88-27 SUB:JECT: REZONING APPLICATION - W.E. ROTH CONSTRUCTION PART LOT 34, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 88-27 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-127-88 be received; and 2. THAT the Rezoning Application submitted by W.E. Roth Construction to permit a veterinary clinic in the Newcastle Plaza, Part Lot 34, Concession 2, in the former Township of Darlington be approved and that the attached by-law be forwarded to Council for approval; and 3. THAT the Site Plan Agreement between W.E. Roth Construction and the Corporation of the Town of Newcastle be amended to reflect the conditions of approval for the veterinary clinic and the attached amendment be approved and forwarded to Council; and 4. THAT the applicant be so advised. 1. BACKGROUND: 1.1 On March 21, 1988 the Planning Department received an application for rezoning, submitted by W.E. Roth Construction Limited, to rezone a Neighbourhood Commercial Plaza on the northwest side of Highway No. 2 and . . .2 REPORT 0O. : DD-137-88 PAGE 3 _______________________________________________________________________________ Ceotcafield Drive, Couctioe. The pmzDuoe of the rezoning would eIImv a veterinary clinic as a permitted use in the plaza. 1.3 The subject plaza is currently designated as "Residential" within the Couctice Major Dcboo Area in the Town of Newcastle Official Plan. Section 6.5.2(iii) allows convenience commercial facilities in residential areas and shall provide items of daily household use to the surrounding neighbourhood and provided the use is specifically designated in the respective Neighbourhood Development Plan. Foctberxmco' Section 6.5.2(iii) (o) (b) indicates specifically that this location obaII have a maximum of I'110 og.m. of retail and personal floor space. In addition, Staff would note that the subject site is � designated as "Convenience Commercial" in the Cnuctioe West Neighbourhood Development Plan. Accordingly, the plaza is recognized as a commercial use. 1.3 The subject lands are currently zoned "Neighbourhood Commercial Exception (C3-1)". This exception allows site specific zone regulation in terms of set backs and maximum fluor space. The oaeo permitted within this zone are specific to retail and personal uses. Staff would note that a veterinary clinic is not a permitted use in the said zone. ' 3. COMMENTS: 2.1 Staff would note for the Committee's information that, Doraoaut to Council's resolution of July 26, I983 and the requirements of the Planning Ant, the appropriate oiguage acknowledging the application was i installed on the subject lands. / 2.2 In accordance with departmental procedures, the subject applications . were circulated to obtain comments from other departments and agencies. The following agencies/departments offered no objection to the proposal: | / - Town of Newcastle Public Works Department � - Town of Newcastle Building Department - Regional Health Unit - Regional Works Department - Central Lake Ontario Conservation Authority - Ministry of Transportation | � � IV \«/ —� REPORT 0O. : PD-I37-88 PAGE 3 ------------------------------------------------------------------------------- 2.3 Town of Newcastle Fire Department "It should be noted that being a veterinary clinic, oxygen will be in use and as such is required to comply with Subsections 5.6.1 and 5.6.2 of the Ontario Fire Code, dealing with the use and storage of compressed gas. It shall be required that the standards for a Group D occupancy, as specified in Subsection 3.2.3.30 of the Ontario Building Code, be adhered to. Also, fire extinguishers shall be installed throughout in compliance with Subsection 6.2.4 of the Ontario Fire Code." 2.4 The Regional Planning Department, in reviewing the application, noted , that retail and personal services were permitted in residential mcena. Accordingly, Regional Staff offered no objection to the proposed rezoning. 3. STAFF COMMENTS: 3.1 Planning Staff have conducted a site investigation and have noted five (5) units available for leasing in the plaza. Presently a Checkers Variety Store is established in the plaza and a Bank of Nova Scotia in the very near future. In addition, office space is available above the � � retail stores presently occupied by Parkoide Properties Inc. also owned � by W.E. Roth Construction. Staff would note that the clinic would be located adjacent to the variety store. 3.2 The plaza is centrally located within the residential neighbourhood at Highway 0o. 2 and Centcefield Drive. The character of the neighbourhood is primarily single family. The proposed vet clinic would serve the needs of the residents and their family pets of the immediate community. 3.3 Staff have given due consideration to potential c000ecuo abutting neighbours may have with respect to noise. In that regard, the lessee has agreed to provide sound insulation in the walla to minimize possible noise. Furthermore, the animals will be kept within the building and there will be no overnight boarding of animals. REPORT NO. : PD-127-88 PAGE 4 ------------------------------------------------------------------------------- 3.4 The imposed conditions would require an amendment to the existing site plan agreement between W.E. Roth Construction and the Town of Newcastle attached hereto. 3.5 Staff would note that submissions have been received from the public in support of the application. 3.6 Staff would further note that Section 17.5(1) of By-law 84-63, would also be amended by including a veterinary clinic as a permitted use in the "C2-111 zone, however, in order to specify that the overnight boarding of animals would be prohibited, the definition of veterinary clinic would be amended by deleting the clause which states that facilities be provided for the sheltering of animals during the treatment period. 4. RECOMMENDATION: 4.1 The intent of the convenience commercial plaza would serve the personal needs of the area residents. In that regard, it would appear that the proposed clinic would be in keeping with the intent of retail commercial uses. Accordingly, Staff would offer no objection to the application as filed. Respectfully submitted, Recommended for presentation to h Co .ttee ----------------- Franklin Wu Lawrence E tseff Director of Planning & Development Chief Adm*, i trative officer CRV*FW*jip *Attach. May 25, 1988 CC: W.E. Roth Construction CC: Gregory Topolie King-Bond Plaza 3089 Tooleys Road N. 650 King Street East R.R. #3 OSHAWA, Ontario BOWMANVILLE, Ontario LlH 1G5 LlC 3K4 CC: Mr. Irwin Hamilton Hamilton and Bellefontaine Barristers & Solicitors P.O. Box 39, 1 Division Street BOWMANVILLE, Ontario LlC 3K8 \\//i I son Road V eterinorpy Off ice 371 WILSON ROAD SOUTH OSHAWA, ONTARIO L1H 6C6 Gregory B.Topolie, D.V.M. 576-8885 Ail a � MPY Zp .�98g i O P0f'�� O�PART�'ENj I �? �--�C.L- G�✓�,c%� �.�� .�" � .its C-lef—I �� /� 7 � . 71-3 i G� 1i`av 15, 1()9,-'1 To whom it may concern, `'e have been dealing with Pr. reg Topolie for approximately `3 years and have always been more than pleased with his knowledge and carin? for our animals . ',9e understand that he wishes to open a clinic in the VIest Castle plaza. This would be perfect for us since we now five in the area immediately north of there . He has our whole-hearted su-onort. t6u (?ZtY Bill and Tana Chappell 66 Centerfield Drive soup 26 Box 102 RR #7 Bowmanville , Ontario L1C 446 4 i i I DN: C2-1 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. Section 17.5 "Neighbourhood Commercial Exception (C2-1)" zone of By-law 84-63, as amended, is hereby further amended by adding the following: "17.5.1 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-1) ZONE Notwithstanding Section 17.1 those lands zoned "C2-1" on the Schedules to this By-law may, in addition to other uses permitted in the "C2" zone, permit a Veterinary Clinic. For the purposes of this Subsection, a Veterinary Clinic shall mean a building or part of a building in which facilities are provided for the prevention, cure and alleviation of disease and treatment of injury to animals. The placement of building and structures shall be subject to the regulations set out in Section 17.5.1 (a), (b), (c) and (d) ." 2. 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 i DN: ROTH (b AMENDING AGREEMENT MADE (in quintuplicate) this day of 1988 BETWEEN: W.E. ROTH CONSTRUCTION LTD., hereinafter called the "OWNER" OF THE FIRST PART and - THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter called the "MUNICIPALITY" OF THE SECOND PART WITNESSETH THAT: WHEREAS the Town and the Owner have entered into a Development Agreement respecting the development of said lands in compliance with the uses as provided in the Town of Newcastle Zoning By-law 84-63; AND WHEREAS said Agreement was duly executed and registered in the Land Registry Office, for the Land Registry Division of Newcastle (No. 10) as Instrument Number 6916; AND WHEREAS the parties hereto agree to amend said Development Agreement; NOW THEREFORE, in consideration of the mutual agreements, covenants and provisions contained herein, the parties hereto agree as follows: i 1. Schedule "A" of the Development Agreement between the Owner and the Corporation of the Town of Newcastle registered in the Registry Office for the Land Registry Division of Newcastle (No. 10) as Instrument Number 6916, is hereby amended. 2. That Paragraph No. 18 entitled "Veterinary Clinic" is hereby added to this Agreement by the following: "THAT the Owner agree to provide adequate sound insulation in the demising walls of the veterinary clinic. That the Owner further agrees that there will be no overnight boarding of animals within the Clinic." i i - 2 - IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWN OF NEWCASTLE In the presence of: ) MAYOR CLERK W.E. ROTH CONSTRUCTION LIMITED TITLE: L.R.: 25.5.88 ' II i i i I i i I i