HomeMy WebLinkAboutP-139-81 _0
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director
HAMPTON.ONTARIO LOB 1 JO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER
14, 1981.
REPORT NO. : P-139-81
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SUBJECT: Courtice Special Purpose Commercial Areas
Our File: 3.1.1
RECOMMENDATIONS:
It is respectfully recommended that the Planning and Develop-
ment Committee recommend to Council the following:
1. That Report P-139-81 be received; and
2. That the attached amendments (attachments 2 to 4, inclusive)
to restricted area zoning By-law 2111, as amended, of the
former Township of Darlington be approved; and
3. That the attached policy in respect of site planning
guidelines (attachment 5) for Special Purpose Commercial
areas be adopted; and
4. That the attached amendments, attachments 6 and 7 to the
Courtice West and Courtice South Neighbourhood Development j
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Plans be approved.
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BACKGROUND:
On February 16, 1981, Planning and Development Committee
considered staff report P-37-81 in respect of the Courtice Special
Purpose Commercial Areas. Said report presented three draft zoning
by-laws, a draft policy in respect of site planning guidelines for
these areas and two separate amendments to approved neighbourhood
development plans.
On February 23, 1981, Council adopted the following recommen-
dation of the Planning and Development Committee:
"That report P-37-81 relative to the Courtice Special
Purpose Commercial Area be received and staff be authorized
to proceed with the circulation of the draft by-laws and
development plan amendments and to convene a meeting to
respond to any issues or concerns which may be identified
during circulation."
On March 2, 1981, staff circulated copies of staff report
P-37-81, including all attachments thereto, to all property owners
located within the affected areas. In addition, cop i.es of the draft
by-laws were forwarded to the Durham Regional Planning Department for
their specific comments relative to Official Plan conformity.
As a result of our circulation, a total of fifteen written
submissions were received, including staff comments from Regional Plan-
ning. A summary of these submissions is included as attachment 1 hereto
and includes staff's suggested response to them. Copies of the actual
submissions are on file in the Planning Department.
On June 17, 1981 staff convened a meeting at the Courtice
Secondary School to discuss the concerns and objections raised through
the circulation. All property owners within the affected areas were sent
written notice of the meeting. At said meeting, staff outlined the proposed
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By-laws and the suggested amendments we would be recommending as a
result of the public input. These amendments were favourably received.
COMMENTS:
As a result of the extensive circulation and review of the
proposed by-laws with affected property owners, staff are satisfied
that the majority of these owners are agreeable to staff's recommen-
dations. Staff have made a number of significant concessions directly
related to the input of the Owners; and where we have not agreed to
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changes, it is primarily due to our concerns that these changes would
be contrary to the intent of the Durham Regional and Darlington Official
Plans.
The draft by-laws and neighbourhood development plan amendments
are included as attachment 2 through 7 inclusive. It would mw be appropriate
to forward same to Council for approval.
Respectfully submitted,
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TTE:lb D. N. Smith, M.C.I.P.
July 23, 1981 Director of Planning
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COURTICE SPECIAL PURPOSE COMMERCIAL ZONING
Proposed By-law Amendments
Summary of Objections Received & Changes Proposed
OBJECTOR - NATURE OF OBJECTION PROPOSED CHANGES
Region of Durham Planning Staff:
The Regional Planning Staff had several minor "Funeral Homes" will be deleted from the list of per-
concerns related to conformity with Official mitted uses.
Plan Policies.
- the following definition will be added to describe a
beer, liquor or wine outlet (the lettering will be
adjusted accordingly.)
(a) "Beer, liquor or wine outlet shall mean a retail
establishment comprised of a merchandise pick-up
and display area and a merchandise warehouse or
storage area.
- Section (bb) ii) will be amended by adding the following
new sub-section:
"Notwithstanding any provision of this by-law to the
contrary, nothing in this by-law shall prevent the use
of any land, building or structure for any use not
specifically permitted by this by-law, if such land,
building or structure was lawfully used for such purpose
on the date of passing of this by-law.
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OBJECTOR - NATURE OF OBJECTION PROPOSED CHANGES
Gulf Canada:
Section bb (i) d Staff concur and Section bb
(i) d will be amended
Gulf Canada representatives feel that the pro- to read in part as follows:
posed 2.5 sq. m limit on "shelter" size is too
restrictive and suggest that 22 sq. m is a "(bb)(i)d) Motor Vehicle Gasoline Bar shall mean
more appropriate requirement. one or more pump islands, each consisting of one or
more gasoline or diesel fuel pumps and a shelter having
a floor area of not more than 20 sq metres. . .otherwise
defined or classified in this By-law. An automobile
washing facility is considered to be an accessory use
to a Motor Vehicle Gasoline Bar."
Section bb(i) e
Gulf representatives have requested that Staff concur to the extent that automobile washing must
"automobile washing" be included in the be accessory to the main functions of a service station.
definition of "Motor Vehicle Service Station" Staff suggest that Section bb(i) e be reworded to read
as follows:
"bb(i)e) Motor Vehicle Service Station" shall mean an
establishment engaged in the retail sale of gasoline,
diesel fuel and other petroleum products and new motor
vehicle accessories and where motor vehicle maintenance
inspection, repair operations and washing may be carried
out, but shall not include bodywork to, painting,or sale of,
motor vehicles.
Section bb(iv) c
Gulf have suggested that the 20% maximum lot Staff concur and Section bb(iv) c will be amended to
coverage is too restrictive. They believe read as follows:
30% would be more appropriate.
"bb(iv) c Lot Coverage (Maximum) 30%
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OBJECTOR - NATURE OF OBJECTION PROPOSED CHANGES
Jean and Bruce Moase:
Jean and Bruce Moase have requested that the Staff have suggested that the zone boundary be
commercial zone boundary be adjusted slightly amended as illustrated on the sketch attached hereto
so that they may have commercial access to and marked as Appendix 1.
the side entrance of their shop.
J. Wilson, M. Wilson;
G. Charewicz; J. Leiffers;
T. Leiffers; B. W. Lawrence;
Mr. & Mrs. J. Varcoe; E. Oostinga
Those listed above object to the 30% maximum Staff concur and will amend section bb(iii) c) to read
lot coverage and suggest that 40% would be a as follows:
more appropriate requirement.
"(bb)(iii)c) Lot Coverage (maximum) 40%"
These objectors also feel that the 35% land- Staff agree that 35% may be excessive, but do not feel
scaped area requirement is excessive and that 15% is adequate. Therefore, staff suggest that
suggest this requirement be reduced to 15% Section (bb) (iii) h be amended to read as follows:
"(bb) (iii) h) Landscaped Area (Minimum) 20%
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OBJECTOR-NATURE OF OBJECTION PROPOSED CHANGES
Banks Construction (Gary Banks) :
(Owner of Bi-Way Plaza)
Mr. Banks has suggested that the proposed Staff appreciate the concern raised by Mr. Banks and
By-law disregards existing commercial uses suggest that the following "special provision" be added
on his property. He asks that the existing to Section (bb) (ii) :
zoning remain essentially unchanged. The
major concern seems to be related to the "(bb)(ii) 1) Notwithstanding any other section of this
fact that existing uses are not specifically By-law to the contrary, uses existing at the date of
permitted in the proposed zone. Mr. Banks passing of this By-law that are located within Block A
had also expressed some concern that the as outlined on Schedule X-2 to this By-law are considered
proposed zone boundary does not reflect to be permitted uses within Block A.
existing property boundaries in that there
is insufficient depth shown. Staff review indicates that zone and property boundaries
are consistent in this area and therefore no change is
proposed.
John & Minnie Prakken, Frank & Alice
Hayward, John & Helen Martin, Raymond
Balson, Gordon Vinson, A. J. Lamont,
Frank & Jean Balson, Ernest & Edith
Gearing:
The residents listed above have been No change is proposed as the concern appears to have been
concerned about commercial development adequately addressed by the proposed zone provisions.
having a negative impact on their existing The large minimum lot area and lot frontage requirements
residential properties. will necessitate property consolidation prior to com-
mercial development.
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J. C. Victor, representing
C. Chrysostomou and M. Nikolic:
The objectors have indicated that they intend to No change is proposed as the request is contrary to
erect a restaurant and tavern on a parcel of the intent of the Official Plan and the By-law.
land that does not meet the proposed By-law
requirements. They have requested that the
provisions be changed to accommodate their
proposal.
Idalo Cappuccitti:
Mrs. Cappuccitti owns a parcel of land which No change is proposed as the request is contrary to the
does not meet the lot area requirements set out intent of the Official Plan and the By-law.
in the proposed zoning By-law. He feels that
the requirement is excessive and should be re-
duced.
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PROPOSED CHANGES INITIATED BY STAFF
1. Section (bb) (i) is hereby amended by adding a definition of "tavern" to read as follows:
"bb (i) TAVERN means a building where alcoholic beverages are sold for consumption
on the premises only, and shall include a lounge, beverage room or public
house licensed under the Liquor Licence Act of Ontario, but excluding a
dining room, dining lounge or club where full course meals are served."
2. Section (bb) (iii) j (iii) is deleted in its entirety and replaced with the following:
"bb(iii) j (iii) Tavern and drive-in restaurant - 1 for each 4 person seating capacity
or each 6 sq. m of gross floor area
whichever is greater.
Restaurant - 1 for each 4 persons seating capacity
or 15 sq. m of floor area whichever
is greater."
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53.30' H 6•25rn) APPENDIX I
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A`lTAC11HENT 6 j
Lo Pe po r I P-139-81
AMENDMENT NO. 1
to the CourLice West Ne_i ,I)bourhood Development Phui
PURPOSE OF AMENDMENT: The purpose of this amendment is to re-
designate from "Residential" to "Special-
Purpose Commercial" lands located at the
north-east corner of Darlington Blvd. and
Highway 2 in accordance with the approved
Official Plan and to introduce policies
in respect of the future development or
redevelopment of the subject area.
BASIS OF AMENDMENT: This amendment is based upon a detailed
review of those areas designated for
"Special Purpose Commercial Uses" by the
Darlington Official Plan and the concerns
of area residents in respect of the future
transition from the existing Residential
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uses to Special Purpose Commercial uses.
That review indicated that the most immediate
concern of the residents was in respect of
the possible adverse effects or impacts upon
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j the continued use of their properties for resi-
dential purposes if immediate commercial develop-
ment were to occur on adjacent properties.
LOCATION OF AMENDMENT: The area subject of this amendment is delineated
on Schedule 'X' attached to this amendment.
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ACTUAL AMENDMENT: 1) Section 2.5.2 "Special Purpose Com-
mercial" is Hereby amended by the
addition of the following subsection
(iv)
"(iv) Notwithstanding any other provision
of this plan to the contrary the
development or redevelopment of areas
designated for Special Purpose Commercial
uses may, in most cases, require the
consolidation of existing small property
holdings into larger parcels of a size
and shape appropriate for the proposed
use of that property, and consistent with
the intent of Section 6.5.2 (iv) d) of
the Darlington Official Plan."
2) Schedule 1 to the Courtice West Neighbour-
NOV
hood Development Plan is hereby amended by
changing to "Special Purpose Commercial_"
the designation of those lands designated
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"Change to SPECIAL PURPOSE COMMERCIAL" on
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Schedule 'X' hereto.
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ATTACHMENT �
to Report P-I39-81 / ,CI
AMENDMENT NO. t_
to Lite Courtice South Neighbourhood Development Plan
PURPOSE OF AMENDMENT: The purpose of this amendment is to
extend Lhe limits of a Special Purpose
Commercial Node identified by Schedule 1
to the Courtice South Neighbourhood Develop-
ment Plan and to adjust the local road pat-
terns to reflect this change.
BASIS OF MiENDMENT: This amendment is based upon a detailed
review of Lite actual limits of Lite existing
Special Purpose Commercial use located at the
south-west corner of Highway 2 and Courtice
Road. This review indicated that insufficient
lands were designated by the Neighbourhood
Development Plaii and that the necessary exLeu-
sion of the designation would effect changes
to the local road pattern.
LOCATION OF AMENDMENT: The area subject of this amendment is defined
as Neighbourhood 2C of the Courtice Urban Area
Plan as delineated by Schedule 1 to the Official
Plan for Lite former Township of Darlington and
as further delineated by Schedule 1 to the
Courtice South Neighbourhood Development Plan.
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ACTUAL AMENDMENT: 1) Schedule 1 to the Courtice South Neighbour-
hood Development Plan is hereby amended by
ch iti ,J ii}; to "Special. Purpose Connner.c Lal"
the designation of those lands, designated
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"Change to Special Purpose Commercial"
on Schedule 'X' hereto; changing to
"Residential" the designation of those
lands designated "Change to Residential"
on Schedule 'X' hereto; and changing to
"Local Road" those lands designated as
"Change to Local Road" on Schedule 'X'
hereto.
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SCHEDULE X TO AMENDMENT 1
TO THE CO U RTICE SOUTH
NEIGHBOURHOOD DEVELOPMENT PLAN
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CHANGE TO SPECIAL PURPOSE COMMERCIAL
CHANGE TO RESIDENTIAL
0 200 400ff. d m
200 CHANGE TO LOCAL ROAD
ATTACHMENT 5
to Report P-139-81
THE CORPORATION OF THE
TOWN Or NEWCASTLE
By-law No. 81-
being a By-law to adopt a policy in respect of
site planning guidelines for Special Purpose
Commercial areas within the Town of Newcastle.
The Council of the Town. of Newcastle hereby ENACTS as follows:
"That a Policy in respect of Site Planning Guide-
lines for Special Purpose Commercial Areas be
established in the Town of Newcastle and that said
policy shall be as provided in Schedule "A" attached
to this By-law."
THIS BY-LA14 READ a first and second time this day of
A.D. 1981.
THIS BY-LAW READ a third time and finally passed this day of
A.D. 1981.
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G. B. RICKARD, Mayor
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(seal)
D. W. Oakes Clerk
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SCHEDULE A TO BY-LAW 81-
SPECIAL PURPOSE COMMERCIAL AREAS:
There presently exist within the. Town of Newcastle a number
of Special Purpose Commercial areas as defined by the Durham Regional
Official Plan and designated within existing local Official Plans.
These areas are recognized not only by existing land use but by their
historic association and orientation to major vehicular roadways.
A Special Purpose Commercial Area may be comprised of developed
or developing sites containing individually designed buildings or structures,
intended for commercial uses, which consume larger parcels of land and
require exposure to vehicular traffic.
New development or redevelopment within these areas is presently
subject to site plan controls and shall also be subject to site design
review based upon the accompanying guidelines.
GENERAL:
The most desirable Special Purpose Commercial areas are those
which display distinct physical limits . The arrangement- of the various
components within such areas should promote a sense of scale and identity.
The composition and design of a site should be directly related to the
scale and use of the street upon which it fronts , with buildings, structures
and streetscape viewed as unifying design elements.
The following guidelines recognize this relationship of various
site components and are intended specifically for areas where structures
and buildings are to be designed and sited in a manner which will comple-
ment the physical and visual relationship of adjacent sites and at the same
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time, clearly define the physical limits of the area.
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(a) Site design should include common points of
ingress and egress and common internal. vehicular
traffic circulation;
(b) Site design should respect and/or enhance the form,
appearance, scale, order, unity, balance, proportion,
colour and texture of existing adjacent sites and uses;
(c) Site design should provide a continuity of scale for
detailed facades, and physical activity areas at ground
level;
(d) Site design should respect and define public, semi-
public and private areas;
(e) Site design should recognize and respect characteristics
of historic sites or areas;
(f) Site design should include a review and analysis of the
third dimension of structures and its relationship to
other structures and areas (e.g. shadows) ;
(g) Buildings or structures should not emit elements of
pollution, (noise, vibration, fumes, etc.) which may
cause undue hardships upon adjacent uses;
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(h) Mechanical. equipment should be incorporated within
and form an integral part of the design composition;
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(i) Open storage shall be prohibited with the exception
Of uses which, by their nature, require an outdoor
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display area;
(j) Pedestrian and vehicular access and pathways should
be clearly defined and designed as an integral. part
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of the site;
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(k) Landscaping shall be utilized to provide buffer
zones between conmiercial and residential uses;
(1) Landscaping shall provide a continuity to streetscape
elements and define and buffer distinct areas or uses;
(m) Site design should incorporate common themes for land-
scaping, lighting, siguage, paving materials and build-
ing textures;
(n) Finished site elevations shall respect natural and/or
existing grades of adjacent sites.
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MAP 1
SCHEDULE 'A! TO BY-LAW 81--,
Landscaping buffers adjacent Spaces between structures Building siting and design Building shadows and
uses and promotes physical should be designed as should respect views from lighting should not
edge. unifying elements, adjacent sites, impinge upon adjacent
sites.
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Large parking or paved areas Landscaping promotes continuity Of Common points of ingress and
should be broken.up by the streetscape using common themes egress with common internal
introduction of landscaping for lighting , signago paving materials traffic circulation,
elements with clear definition and street furniture.
of the various traffic areas,
pedestrian /vehicular