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Home My WebLink AboutP-1980 r / t, CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231 REPORT TO COUNCIL MEETING OF FEBRUARY 27, 1980. REPORT NO.: SUBJECT: Proposed Shopping Centre - Armstrong Stores Limited former Police Village of Orono Our Files: Z-A-3-10-1; S-P-3-2 BACKGROUND: The attached By-law 79-150, which was passed by Council on December 17, 1979, amended the Restricted Area (Zoning) By-law of the former Township of Clarke to permit the development of a shopping centre, with a maximum gross floor area of 5,110 square metres (55,000 square feet) , on a 3.0 hectare (7.5 acre) site in the north-east quad- rant of Orono. This By-law, and the corresponding site plan agreement, stemmed from Council resolution C-90-79, which adopted the following recommen- dation of the Planning and Development Committee: "that the recommendation contained 'in Report #TM-92-78, dated November 15, 1978 be approved and the Shopping Centre pro- posal be approved and permit the Armstrong Brothers to build a local shopping centre on the proposed site not to exceed 60,000 square feet in leasable building area and re- commend the necessary rezoning and also that they enter into a comprehensive development agreement with the munici- pality in order that the municipality would be in a position to properly control this development with regard to phasing, architectural design, transportation, municipal services, surface drainage." 2 - By-law 79-149 authorized the signing of the corresponding development agreement. The Region of Durham, in response to the circulation of By-law 79-150, advised Planning staff that the proposed development, with a floor area approaching 5570 square metres (60,000 square feet) constitutes a local shopping area, as described in the Durham Official Plan, that such a local shopping centre is not a permitted use in an area designated "Hamlet", and that the proposed By-law does not comply with the provisions of the Durham Official Plan. Town staff arranged a meeting between Regional Planning staff and the applicant, in an attempt to resolve this situation. At this meeting, it was decided that both the zone provisions applicable to the site, and the corresponding site plan agreement should be amended to reflect a maximum gross floor area of 1960 square metres (22,000 square feet) . This compromise, which would permit the development of Phase I of the shopping centre, is acceptable to the Region and to the applicant. COMMENTS: Staff has prepared the attached By-law, together with a list of proposed amendments to the site plan agreement. It would, therefore, be appropriate for Council to pass the attached By-law 80-23 , and to authorize amendments to the site plan agreement to permit the development of a 1951 square metre shopping centre on the site and to delete all reference to the proposed Stage II. 3 - RECOMMENDATION: It is respectfully recommended: 1. That the attached By-law 80-23 be passed by Council; and 2. That staff be authorized to amend the site plan agree- ment dated November 13, 1979 between The Corporation of the -Town of Newcastle and Armstrong Stores Limited, to limit the maximum gross floor area of the shopping centre to 1951 square metres and to delete all references to staging. Respectfully submitted, 46' NJF:lb D. N. Smith, M.C.I.P. February 27, 1980 Director of Planning THE CORPORATION OF THE TOWN ()F NI?WCA.;T1J: By-law Number. 79- 150 A By-law to amend Restricted Area By-law Number I542 , as amended, of the rormer Township or CLarlce WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 1592 , as amended, of the former Township of Clarke. NOW THEREFORE the Council of the Corporation of the Town of Newcastle , - ENACTS as follows: 1. Section 6 of By-law 1592, as amended, is hereby further amended by adding; thereto the following subsection 6 . 3: "6. 3 SPECIAL PROVLSLONS (a) "C-SC" Part of Lot 28 Concession 5 NuLWI l h:;Lind i ng any provision o f this By-law to the contrary, that part of Lot 28, Concession 5, which is designated "C-SC" on the attached Schedule "A" hereto shall be used for no other purpose than a shopping centre, in accordance with the provisions of this spacial provLmLon and where Ihere is any conflict bULWCCn the regulations hereinafter set out and any other provisions of this lay-law, than the provisions .Of this Special Provision shall apply, but in all other respects , the provisions of this By-law, as amended, shall apply. 1 _ 1 . 1 Permitted Uses n siuipinl; renl.ru, roniNining one, or moru or the following uses : - a batik - a barber shop - a beauty parlour - a coffee shop - a grocery store - a library, - a post nfrke - a profussionnl or business office - a retail store not engaged in manufacturing on the premises unless such manufacturing is incidental to the retail business, does not exceed fifty percent (50%) of the floor area and the products manufactured are primarily for sale at retail on the premises. - a shoe repair shop 1. 2 Site flan Agreement Pursuant Co Section 35 (a) of the Planning Act, as amen-- dad, the lands subject to the special condition contained herein, are hereby designated a site plan control area. The Town of Newcastle shall require the owner of the lands Lo enter lean one or more agruument:c in respect of the development of the subject lands prior to any duvelopment being undertaken. 1 . 3 Zone Requirements No person Shan.] use any of the lands subject to this Special Prevision, or erect , alter or use any building or structure thereon for any purpose except in accord- ance with the following provisions: - i - (a) Lot Frontage (minimum) 20 metres (h) Lul Arc a (minim mi) 2 . H hectare:; (c) Front Yard (minimum) 50.5 metres (d) Side Yard (minimum) 7.6 metres (e) hear Yard (minimum) 12 metres (f) Gross floor Area ( minimum) 5110 square metres (g) Building height (maximum) 7. 7 metres (h) Landscaping Area (minimum) 25% of Lot Area (i) Parking Spaces (minimum) 1 space per 16 . 75, square metres of gross floor area (j ) Loading Spaces (minimum) 2 (k) I;ui lcli.n Lc>crtl;ion NoWthstanding any provision of this By-Dw to the con L ra ry , no thing steal l p reven t the .location of any building or structure in the front, side or rear yard of any other building or M ructuru , provided that Loth such buildings or structures are located in compliance with the provisions of such site plan agreements as may be required by the Town of Newcastle, (1) Servicing Requirements No person shall erect, alter or use any building rur any permitted use on the said lands unless such building is serviced by a municipal water supply and a private sewage disposal system, to the satisfaction of the governmental authorities having ,Jurisdiction, 2 . Schedule "A" of By-law 1592, as amended, is hereby further amended by changing to C-SC the zone designation of the lands indicated as "ZONE CHANGE TO C-SC" on the attached Schedule W hereto. r . r r' 3. 'Ch[s By-.law Sha I 3 come into effect on the date hereof, Sulu VUL to i'ci:civNg lhu Nppruvaj of the Omar& M"nfcipnI. Board. BY-LAW READ a first time this 17th day u( December A.D. 1979. BY-LAW READ a second time this 17th day of December A.D. 1979. BYLAW READ a third time and finally passed this 17th day of December A.D. 1979. (seal) C. B. Rickard, Mayor CCC Clerk THIS IS SCHEDUI.. (= Y Tn BY-LAW 79 -_� PASSC:D THIS DAY OF ►,"` "��"'';A, D. 1979. M r N 35 30„� COr/ 1 ` 2 , 49 O B9° 91 t pr // cv Ln r0 �,i aio �Or / j O II 0 j N C U � L0 ors \a of D ` �or�, z w o <t lo EF r �a o U z z_ ZONE CHANGE /gQ'�9m � TO C°SC 0 50 loom G.B.Rlckard ,Mayor 20 10 i THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number. 8t0-- 23 A By-law to amend Restricted Area By-law Number 1592, as amended, of the former Township of Clarke. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 1592, as amended, of the former Township of Clarke. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Subsection (f) of Subsection 1. 3 of Subsection (a) of Sub- section 3 of Section 6 of By-law 1592, as amended, is hereby amended by deleting therefrom the words "5110 square metres" and replacing therewith the words "1960 square metres." 2. This By-law shall come into effect on the date hereof, subject to receiving the approval of the Ontario Municipal Board. BY-LAW READ a first time this day of �n��-'( A.D. 1980. BY-LAW READ a second time this day of G �' - �' , A.D. 1980. BY-LAW READ a third time and finally passed this �' day of A.D. 1980. (seal) G. B. RICKARD, Mayor J. M. McILROY, Clerk I