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
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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:
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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
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"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.
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The Authority have no objection to the approval of the proposed rezoning and
site plan of this application. "
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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
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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
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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.
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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.
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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
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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
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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
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difficulty with this reduced interior sideyard inasmuch as Council
previously approved such a reduction for the conmerci al plaza proposed by
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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%.
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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
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This is Schedule "X" to By-law 86--,
passed this day of , 1986 A.D.
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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.
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