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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF OCTOBER 21, 1985
REPORT NO.: PD-143-85
SUBJECT: APPLICATION FOR REZONING - FILE: DEV 85-25
LINCHRIS HOMES LIMITED
PT.LT. 35, CONCESSION 2, DARLINGTON
BLOCK 85, PLAN 764
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-143-85 be received; and
2. That an application, submitted by Linchris Homes
Limited, to rezone a parcel of land in Part of Lot
35, Concession 2, being Block 85 on Plan 764 to
permit the development of a commercial plaza, be
approved; and
* 3. That the Zoning By-law Amendment attached hereto be
forwarded to Council for approval .
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REPORT NO. : PD-143-85 Page 2
BACKGROUND AND COMMENT:
On August 19, 1985, the Planning Department received an
application, submitted by Linchris Homes Limited, to rezone a
parcel of land located in Lot 35, Concession 2, being Block 85,
on Plan 764, former Township of Darlington. The submission of
the rezoning application is to permit the development of a
commercial plaza having a gross floor area maximum of 1,115m2
(12,000 sq.ft. ) .
Committee may recall , that Council at their September 9, 1985
meeting endorsed the following resolution:
"THAT Report PD-119-85 be received; and
THAT the Region of Durham be advised that the Town of
Newcastle has no objections to the proposed Official
Plan Amendment File: 85/20/ND conditional upon such
amendment limiting the develpment to a maximum of 12,000
square feet of commercial and personal service space."
A copy of this resolution was subsequently forwarded to the
Region of Durham for their information and action thereon. It is
Staff' s understanding that a Commissioner's Report for
presentation to the Regional Planning Committee (85-171) was
scheduled for the October 1, 1985 agenda, and within same, a
recommendation of approval was put forth for the Committee's
consideration.
Staff would note for the Committee' s information, signs as
required pursuant to Council ' s resolution of July 26, 1982 and
the requirements of the Planning Act, were properly sited on the
subject lands. Furthermore, it is noted that along with the
rezoning application, site plan approval was requested.
Accordingly, the comments requested through the circulation
process were to address both issues.
. . .3
REPORT NO. : PD-143-85 Page 3
In accordance with departmental procedures, the subject
application was circulated to obtain the comments from other
departments and agencies. The following would summarize the
comments received.
Ontario Hydro
"We have no objections to the approval of this application
provided that single phase power will be sufficient to satisfy
the electrical requirements of the plaza."
Durham Regional Planning Department
"In response to your request for comments on the above, we note
that the proposal to permit the development of a commercial plaza
is also the subject of an application to amend the Darlington
Official Plan. Accordingly, we will liaise with you during the
processing of the Official Plan Amendment application and would
request that the amending Zoning By-law not be passed until the
related Official Plan Amendment has been dealt with by Regional
Council ."
Town of Newcastle Fire Department
"Further to our discussion of August 27, 1985, our concern is in
regards to the rear exits being closed and creating a dead-end
corridor as well as leaving no access to the individual stores by
the Fire Department other than the dead-end corridor. The
construction of the building should comply with the Fire Code
requirements."
Central Lake Ontario Conservation Authority
"The authority have no objection to the approval of the
above-noted application."
. . .4
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REPORT NO. : PO-143-85 Page 4
Town of Newcastle Works Department
"We have reviewed the above-noted rezoning and find we have no
objection to the proposal subject to the following comments:
1. That the site plan, when submitted for site plan approval , is
completed and contains all pertinent data (entrance,
geometrics, lot grading, etc. ).
`L. That the loading area be isolated from the remainder of the
parking lot thereby restricting access for store patrons to
Glenabbey Drive.
3. That all works are to be completed in accordance with Town of
Newcastle Design Criteria and Standard Drawings.
4. That the Owner enter into a development agreement.
5. That the Owner meet all requirements of the Public Works
Department financial or otherwise."
Staff would note that a copy of the application was circulated to
the City of Oshawa for their comment and review. It is noted
that, although the City did not reply directly to Town Staff, it
is noted that they advised the Region of Durham, through the
Official Plan Amendment procedures, that they had no objection to
the proposal , although, some concern was identified with respect
to the impact this proposal would have on designated retail and
personal service sites within the City of Oshawa.
As Committee may recall , Council advised the applicant that he
was not required to submit a Retail Analysis for this particular
development. Regional Staff have indicated that, although the
precise impacts, if any, cannot be determined, given the size of
this particular proposal within the growing Courtice Urban Area,
serious impacts on the existing commercial structure of the area
were not expected.
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REPORT NO. : PD-143-85 Page 5
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STAFF COMMENTS:
Staff would note, that apparent from the comments received,
concern, as expressed by the various departments, did not dwell
on the aspect of rezoning the subject lands to permit the plaza
use, but rather with the site planning matters of the
development. Staff does concur with the majority of the concerns
raised and would offer the following input for the Committee's
information.
With respect to the Fire Department concerns, Staff concurs that
accessibility to the site and building for fire protection
purposes is imperative. For aesthetic reasons, Staff originally
suggested that the architect may wish to examine the possibility
whereby the "rear service entrances" were included within the
building itself and that the building be sited along the north
and easterly lot lines. In essence, the building, rear and side
walls would provide a "solid barrier surface" separating the
adjacent residential lots from the commercial use. The Fire
Department and Building Department both expressed concern with
this approach from a safety aspect and potential construction
t
cost of such a design.
Staff accordingly, are of the opinion that the siting of the
building be relocated to the south and west in order to provide a
1 .5 metre setback from both the easterly and northerly lot
lines, thereby providing a continuous access around the building.
* To that end, the zoning by-law amendment, attached to this
report, would reflect this requirement.
The site plan/rezoning application as submitted provided for a
masonry wall along the easterly lot line from the street line to
the front of the proposed commercial building. Staff concurs
with the use and type of fencing proposed from both an
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REPORT NO. : PD-143-85 Page 6
aesthetic and maintenance point of view when consideration is
given that such fencing is intended to reduce the impact of two
(2) differing land uses. Accordingly, Staff will be requesting,
of the applicant, that the masonry fence proposed be extended
along the east and northerly lot lines of the subject property.
In consideration of the minimum off-street requirements within
the Town' s Comprehensive Zoning By-law, Staff would note that the
applicant, in calculating the number of spaces required, has used
the ratio of one (1) space for each thirty (30) square metres of
gross floor area of the building directly related to the specific
permitted use. Staff have no objections to this calculation,
however, we would note that, of the uses requested by the
applicant, an "eating establishment" as defined within By-law
84-63 and specified within Section 3.14 of the By-law, requires a
greater parking space ratio (one (1) for each seven (7) square
metres of total floor area accessible to the public). Staff
would note for the Committee' s information and consideration that
an "eating establishment" has not been included within the
attached by-law.
In examining the floor plans as submitted, the use of the
smallest unit for an "eating establishment" as defined within
By-law 84-63, would reduce the parking ratio for the remainder of
the plaza below the one (1) space per 30 square metres of gross
floor area. Staff would note that an "eating establishment,
take-out" has been included within the by-law in consideration of
the nature and size of the use. . ..food offered for sale or sold
to the public primarily off the premises. .. .
Staff would note for the Committee' s information that, should
Committee deem it appropriate to include an "eating
establishment" within the list of permitted uses, an additional
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REPORT NO. : PD-143-85 Page 7
provision would have to be added to the amending by-law that
notwithstanding the provisions of Section 3.14 within the by-law,
the minimum number of parking spaces to be provided on site shall
be thirty-one (31) spaces.
The Town Works Department, in reviewing the application,
requested that consideration be given to the isolating of the
loading area from the remainder of the parking lot, thereby
restricting access for store patrons to Glenabby Drive only.
Planning Staff concur with this approach noting that, by
restricting the entrance onto Townline Road South for service
purposes only, the number of parking spaces on site could be
increased by two (2) to thirty-one (31) (see attached plan)
thereby complying with the Zoning By-law provisions. This
separation of two (2) types of vehicular traffic (service and
customer) would also eliminate any possibility of conflict
whereby the entrances on to each road and access through the
parking area would be used as a secondary route from Townline
Road to Glenabby Drive. Bylimiting the access for customer
parking on to Glenabby Road, traffic west to Townline Road would
be properly controlled at a street intersection.
With respect to the comments of the Regional Planning Department,
it is Staff's understanding that the Regional Planning Committee
endorsed the Commissioner's Report recommending approval of the
Official Plan Amendment. Accordingly and pursuant to the
provisions of Section 24 of the Planning Act, Council may pass a
Zoning By-law that does not conform with the Official Plan, but
will conform if the amendment is approved by the Minister. Staff
would note that the by-law subject to the appeal period, shall be
conclusively deemed to conform with the Official Plan on and from
the day it was passed if the Minister approves the amendment to
the Official Plan.
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REPORT NO.: PD-143-85 Page 8
In consideration of the above-noted comments, Staff would have no
objections to the approval of the Zoning By-law amendment
attached hereto.
Respectfu mit d,
dwards M.C.I .P.
Director of Planning
LDT*TTE*jip
*Attach.
October 3, 1985
cc: Mr. Keith McDowell
R.R. #2
CLAREMONT, Ontario
LOE lHO
cc: Lennis Trotter Associates, Architect
172 King Street East
OSHAWA, Ontario
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SITE DATA
staff revisions-two (2) addtlonal spaces SITE AREA zs:e. r•.4. s.r•
GUIDING AREA-
G.FA.
COVERAGE 41 ^.. 41--
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BUILDING HEIGHT:
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SITE DATA
SITE AREA
BUIDING AREA•
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COVERAGE 4r
RETAIL
GLENABBEY DRIVE PAVED AREA .2 67 72 {_ SS:?: -r
LANDSCAPED AREA,
PARKING
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BUILDING HEIGHT, 3.,
THE CORPORATION OF THE TOWN OF NEWCASTLE !_
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, as amended, 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.
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 17 "NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby
amended by adding thereto the following:
"17.5.1 NEIGHBOURHOOD COMMERCIAL (C2) ZONE
i) Notwithstanding Section 17.1, those lands zoned C2-1 on
the Schedules to this by-law may, in addition to the
other uses permitted in the C2 Zone, be used for the
following uses:
i) business, professional or administration office;
ii) day nursery;
iii) dry cleaners distribution centre;
iv) eating establishment; take-out;
v) laundry; coin-operated;
vi) library;
vii) medical or dental clinic;
viii) private club
ii) Notwithstanding Section 17.3, those lands zoned (C2-1)
on the Schedules to this By-law shall be subject to the
following zone regulations:
a) Rear yard (minimum) 1.5 metres
b) Interior Side yard (minimum) 1.5 metres
2. Schedule "4" to By-law 84-63, as amended, is hereby further
amended by changing to "C2-1" the zone designation of the lands
indicated as "ZONE CHANGE TO C2-1" as indicated on the attached
Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this by-law.
4. 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 1985
BY-LAW read a second time this day of 1985
BY-LAW read a third time and finally passed this day of
1985.
i
MAYOR
CLERK
This is Schedule "X" to By-law 85-
passed this day of , 1985 A.D.
LOT 35 , CONCESSION 2
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COURTICE
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PUBLIC MEETING CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
TAKE NOTICE that the Council of the Corporation of the
Town of Newcastle will hold a public meeting on October 21,
1965 at 9:30 a.m. at Courtroom #2, Bowmanville Courthouse,
132 Church Street, Bowmanville, Ontario to consider a
proposed zoning by-law amendment under Section 34 of the
Planning Act.
The proposed zoning by-law amendment would change the zone
category of a 0.25ha (0.62 acre) parcel of land located in
Part of Lot 35, Concession 2, former Township of Darlington
(as shown below) from "Neighbourhood Commercial (C2)" to
"General Commercial (Cl)".
The proposed zoning change would permit the development of a
1,115 square metre (23,000 square feet) Commercial Plaza.
ANY PERSON may attend the public meeting and/or make
written or verbal representation either in support of or in
opposition to the proposed zoning by-law amendment.
ADDITIONAL INFORMATION relating to the proposed zoning
by-law amendment is available for inspection between 6:30 am.
and 4:30 p.m. at the Planning Department, Municipal Offices,
Hampton, Ontario.
M AREA OF PROPOSED REZONING
LOT 35 LOT 34 LOT 33
RI
EP
R1 DATED AT THE TOWN OF
NEWCASTLE
(H)R1 a
of; THIS 16th DAY OF
EP z
3September 1965.
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LERK
y A Town of Newcastle
40 Temperance Street
(H)R1 Bowmanville, Ontario
('REGIONAL ROAD 22 I L 1 C 6A3
ROAD ALLOWANCE BETWEENCONCESSIONS 1 AN02 �
o �� � �T File: 60.35.257.
KEY MAP
(Linchris Homes Ltd. )