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HomeMy WebLinkAboutPD-133-86 `N �• TOWN OF NEWCASTLE REPORT File # o 6 Res. #C V �¢ �• By-Law # MEETING: General Purpose and Administration Committee DATE: Tuesday, May 20, 1986 REPORT #: PD-133-86 FILE #: 86-19/ND and DEV 86-15 SUBJECT: APPLICATION TO AMEND TOWN OF NEWCASTLE OFFICIAL PLAN FILE: 86-19/ND REZONING APPLICATION - FILE: DEV 86-15 PART LOT 34, CONCESSION 2, FORMER TWP. OF DARLINGTON (BLOCK 75, PLAN 1OM-766, COURTICE ) W.E. ROTH CONSTRUCTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-133-86 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle has no objection to Official Plan Amendment application 86-19/ND conditional upon such amendment limiting the development to a maximum of 1110 square metres of commercial and personal service floor space; and 3. THAT Rezoning application DEV 86-15 be approved; and 4. THAT the By-law attached to this Report be forwarded to Council for approval at such time as the Official Plan Amendment is approved by the Region of Durham. BACKGROUND: On March 12, 1986, the Town received an application submitted by W.E. Roth Construction to rezone a 0.31 hectare (0.77 acre) lot in Part Lot 34, Concession 2, former Township of Darlington (Block 75, Plan 1.0M-766, Courtice) . On March 17, 1986, the Town was advised by . . .2 J �Y REPORT NO. : PD-1.33-86 Page 2 the Region of Durham of an application submitted by W.F . Roth Construction to amend the designation of the subject lands in the Town of Newcastle Official Plan from "Residential " to "Local Central Area". The purpose of the application is to permit the development of an 111.0 square metre (1.2,000 square foot) two-storey commercial plaza. As indicated above, the site is currently designated "Residential " by the Durham Regional Official Plan and the Town of Newcastle Official Plan . The Town's Official Plan (Section 6.5.2(iii ) ) permits convenience commercial facilities within areas designated "Residential ", with the maximum gross retail and personal service floor space to be, as a general guideline, 465 square metres (5,000 square feet) . The site is designated "Convenience Commercial " by the Courtice West Neighbourhood Development Plan, and zoned "C2-Neighbourhood Commercial " by By-law 84-63, as amended. The maximum gross floor area permitted by the "C2" zone is 500 square metres (5382 square feet) . The Town's Official Plan (Section 6.2.5.2(ii ) ) states that Local Central Areas shall be planned and developed similar in kind but generally smaller in scale than a Community Central Area and shall serve the day to day needs of the residents of the surrounding residential areas. The maximum gross retail and personal service floor space shall be, as a general guideline, 5,575 square metres (60,000 square feet) . The Durham Regional Official Plan (Section 8.1.2. 1(b) ) permits Local Central Areas in areas designated "Residential " by the Plan, but requires that they be designated in the respective District Plan . In accordance with departmental procedure, the rezoning application was circulated to various departments and agencies for comment. The Region has circulated the Official Plan Amendment application; copies of these comments have not as of yet been provided by the Region . The following is a summary of the major comments received through the Town' s circulation of the rezoning application: I . . .3 v C� REPORT NO.: PD-133-86 Page 3 Town of Newcastle Public Works Department "We have reviewed the subject applications for rezoning and site plan and find we have no objection to the rezoning application; however, we require a more detailed site plan outlining all pertinent data such as lot grading and drainage, storm sewer connections, illumination of entrance, entrance grades, servicing details, etc. Please note that since this site is under the terms of the Subdivision Agreement, the grading of this site should be reviewed by the developer's consultant." Central Lake Ontario Conservation Authority Y "The site is subject to this Authority 's Fill and Construction regulations and a permit is required prior to any filling or grading. Further, through the conditions of the Subdivision Agreement for Plan of Subdivision 18T-81015, a permit for construction is also required from the Authority for this site. i The Authority have no objection to the approval of the proposed rezoning and site plan of this application. " I Ministry of Transportation and Communications j "The Ministry setback for a commercial building is 14 metres from the j property line; the setback for a location sign on the premises is 3 metres from the property line. The Ministry can not comment on the drainage plan as none was submitted. Prior to construction a building permit will be required. A Sign Permit will be required prior to erection, and an Encroachment Permit may be required for drainage. " In accordance with Planning Act regulations, a Notice of Public Meeting with respect to the subject Official Plan Amendment and Rezoning applications was mailed by the Town Clerk on April 15, 1986. An error in the key map on the notice was subsequently identified and a new Public Notice with the revised key map was mailed on May 6, 1986. The Planning Act requirements with respect to Public Notice have been satisfied inasmuch as the second Public Notice constituted an amendment to the original notice. Staff further note that REPORT NO.: PD-133-86 Page 4 signs advising of the Public Meeting were posted on the property on April 15, 1986. COMMENT: As noted earlier, the Official Plan Amendment application seeks to redesignate the subject site as a Local Central Area. Section 8.2.3.4 of the Durham Regional Official Plan states that, for Local Central Areas between 465 square metres and 1400 square metres of gross retail and personal service floor space, the local Council may, at its discretion, require a Retail Analysis concerning the effect of the proposed Local Central Area on the viability of any existing Central Area and/or any other Local Central Area. The Town of Newcastle Official Plan (Section 6.5.3(iii) ) further states that such Market Analysis, to be carried out at the expense of the applicant, shall justify the proposed commercial development and evaluate the potential impact upon existing and future development. With respect to the requirement for a Market Analysis, Staff reference Official Plan Amendment application 85-20/ND submitted by Linchris Homes Limited to redesignate a 0.24 hectare site in Part Lot 35, Concession 2, Courtice from "Neighbourhood Commercial" to "Local Central Area" to permit I the development of an 1100 square metre retail commercial plaza. On July 2, 1985, Committee considered Staff Report PD-101-85. This report noted that the Courtice Development Plan as prepared by the IBI Consulting Group in March, 1.979 allocated approximately 70% of the retail space in Courtice to the Community Central Area located at the southeast corner of Highway No. 2 and Trulls Road. The remainder would be located in specific neighbourhoods and/or along Highway No. 2. Staff noted that these calculations as prepared by IBI were used as the basis of designating commercial sites in the Courtice Urban Area Plan, and that no Local Central Areas are currently designated within the Urban Area. Staff indicated that the designation of a Local Central Area on the site would constitute a deviation from the underlying intent of the Urban Area Plan with regard -to the allocation of . . .5 r REPORT NO.: PD-133-86 Page 5 retail comercial space. Staff therefore recommended that a Retail Market Analysis to examine the potential impact of a Local Central Area on the subject site should be submitted prior to a final decision being made on the Official Plan Amendment application. Committee resolved (Resolution #GPA-421-85) that the Staff Report be tabled for one week, and a Report be made to Council . Staff Report PD-107-85 was considered by Council at its meeting of July 8, 1985. Staff indicated in the report that it would be prudent for Council to request a Market Impact Analysis prior to considering the proposed Official Plan Amendment. However, Council resolved (Resolution #C-392-85) that Council waive the Retail Market Analysis provided, that the application does not exceed 12,000 square feet of commercial and personal service floor space. i On September 3, 1985, Committee considered Staff Report PD-119-85 which recommended that the Region be advised that the Town has no objection to the proposed Official Plan Amendment conditional upon such amendment limiting the development to a maximum of 12,000 square feet of commercial and personal service floor space. This recommendation was approved by Committee and subsequently endorsed by Council on September 9, 1985. The development as proposed by Linchris Homes Limited was approved through Amendment No. 21 to the Darlington Township Official Plan as a special exception under the policies relating to convenience commercial facilities. I Given Council ' s decision with respect to the Linchris Homes application and the similar gross floor area requested by W.E. Roth Construction, Staff have not brought forward a report to Committee recommending submission of a i Market Analysis with respect to the subject applications. Staff note however that the closest Neighbourhood Commercial site is located 415 metres to the east on the south side of Highway No. 2. Other commercial uses in the vicinity are predominantly the Special Purpose Commercial uses which lay to the west of the subject lands along Highway No.2. Inasmuch as By-law 84-63 minimizes the extent of overlap between the permitted uses in the Special Purpose Commercial zones and the General Commercial and . . .6 REPORT NO.: PD-133-86 Page 6 Neighbourhood Commercial zones, Staff feel that an increase in floor area on the subject lands would not adversely impact adjacent commercially zoned property. With respect to the Site Plan as submitted by the applicant, Staff note that the front, exterior side and rear yard setbacks would comply with the minimum requirements of the "C2" zone. The applicant however proposes an interior sideyard setback of only 1.5 metres. Staff have no particular I difficulty with this reduced interior sideyard inasmuch as Council previously approved such a reduction for the conmerci al plaza proposed by I Linchris Homes. Staff note that the front, exterior side and rear yard setbacks as proposed by the applicant would comply with the minimum requirements of the "C2" zone. The applicant also proposed an interior sideyard setback of 1.5 metres for the second storey of the proposed commercial building. Staff note that such a setback for the second floor could adversely impact upon the rear yards of adjacent residential lots , in particular the extent of shadowing cast by the proposed building on the adjacent lots. However, an analysis of the shadowing patterns indicates that the degree of shadowing by the building with an interior sideyard of only 1.5 metres is not significantly greater than with an interior sideyard of 10 metres as required by the "C2" provisions. Staff note that the privacy of the rear yards of the adjacent residential lots can be preserved by ensuring through the site plan approval process that no windows which would overlook the rear yards would be permitted on the second floor of the proposed commercial building. A further review of the site plan as submitted by the applicant indicates that parking and loading spaces can be provided in accordance with the provisions of By-law 84-63. The applicant proposes a landscaping coverage of 24.5%3 the minimum lot coverage requirements as given by the "C2" zone is 30%. . . .7 l REPORT NO.: PD-1.33-86 Page 7 It is Staff' s opinion that the commercial development as proposed by the applicant can be accommodated on the subject lands without adversely affecting either the adjacent residential lots or commercially zoned lands in the area. It is therefore recommended that the Region of Durham be advised that the Town of Newcastle has no objection -to Official Plan Amendment application 86-19/ND conditional upon such amendment limiting the development to a maximum of 1110 square metres of commercial and personal service floor space. Staff note that the wording of this recommendation is the same as that endorsed by Council with respect to the Linchris Homes application. Staff note that the "C2-1 Neighbourhood Commercial Special Exception One" is zoned within By-law 84-63 to recognize the commercial development as proposed by Linchris Homes Limited. A review of the permitted uses and zone provisions of the "C2-1" zone indicates that this zone would be appropriate for the commercial development proposed by W.E. Roth Construction. Staff * have prepared a by-law (attached) to rezone the subject lands to "C2-1". It is therefore recommended that Rezoning application DEV 86-15 be approved and that the by-law attached to this Report be forwarded to Council at such time as the Official Plan Amendment has been approved by the Region of Durham. Respect f ubmitted, T.T. Edwards, M.C. I.P. Director of Planning JAS*TTE*j ip *Attach. May 7, 1986 cc: W.E. Roth Construction 650 King Street East OSHAWA, Ontario L1H 1G5 This is Schedule "X" to By-law 86--, passed this day of , 1986 A.D. NASH ROAD N73o 7 4400"I I � ' lot 34,Con.2 1 W Too I(V r LOT 34 , CON. 2 I ��5.23 .LC) N70-34'00"E T(0 3 N72°02'50"E I n 0 4003 I_ QO P.� o � &N M W R°'M oh � W �m Z 3 Ai W u� o U F—c 55'18 N72-48 00°E HIGHWAY N° 2 ® ZONE CHANGE FROM "C2" TO "C2- 1 " 0 5 10 15 20 30 40 50m M 10 5 2 Mayor Cleric LOT ' 35 LOT 34 LOT 33 RI (y M I((I (H)RI A �R2I �R2 z A o 1`:5�� a � w EP a° W RI Z RI s gRi.11 F NA$H ROAD RI -- BJECT SITE o i (H)RI RI >RI > �:�; C5 of _ C5-3 / RI <i C7 N _ R2 0 CS ` HiGH - IP~CS R1 C5 WAY'MC Z Z 7 (H)RI o O 2 RI o Ln O R , ` (H)RI RI G' i (H)RI o U COURTICE ®m 50m ;7 r1, ry THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- 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 "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" on the attached Schedule 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 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. I I