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HomeMy WebLinkAboutP-37-81 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 THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF FEBRUARY 16, 1981. REPORT NO. : P-37-81 SUBJECT: Courtice Special Purpose Commercial Areas File: .3.x.1 BACKGROUND & COMMENTS: The Courtice Urban Area Plan, (Amendment 12 to the Darlington Official Plan) as approved by the Minister of Housing, identifies Special Purpose Commercial nodes within the Courtice Urban Area and requires the preparation of restricted area (zoning) by-laws for these areas. It is the intent of the Urban Area Plan to encourage the develop- ment or redevelopment of these areas for Special Purpose Commercial uses in accordance with specified principles of urban design. In accordance with the requirements of the Urban Area Plan, staff have undertaken a review of the subject areas and have prepared three amendments to By-law 2111, as amended, of the former Township of Darl- ington, and a proposed by-law for adopting a policy in respect of Site Planning Guidelines for Special Purpose Commercial Areas, which are included as Attachments 1, 2, 3 and 4 respectively, to this report. The purpose of these by-law amendments is to implement the provisions of the Courtice Urban Area Plan and the approved Neighbourhood Development 1 2 - Plans; and to provide detailed zone provisions and design guidelines for the development and/or redevelopment of the affected lands. The following represents a brief background to each of the Special Purpose Commercial nodes subject of this report. i) Townline Road - Darlington Blvd. Area This is the largest of the designated nodes and includes lands on the north and south sides of Highway 2 from Townline to a point approximately 150 metres east of Darlington Blvd. The lands are presently zoned for a number of varied uses including: R2 and R3-Residential, C1 and C2-Commercial, A-Agriculture and D-Deferred Development. It should be noted that the various zone boundaries bear little relation to the actual extent of ownerships and in- advertently prevent the development or redevelopment of certain parcels of land. This, combined with the variety of existing uses and the high visibility of these lands, i necessitates a solution which would overcome potential land use conflicts, improve the visual appearance of the area, reduce traffic conflicts (resulting from multiple access points to Highway 2) and provide certain assurances for land owners about the future use(s) of their lands. To this end, Newcastle Council in 1977, retained Architects Alan Wilcox and David Mills to undertake a study of a portion of this area in an attempt to identify existing problems, provide planning guidelines and suggest a method of imple- menting the resultant recommendations. 3 - In July of 1978, a public meeting was held to present the completed study to affected parties and solicit their response. In brief, the study suggested three design al- ternatives for the study area plus a general outline for implementing a chosen alternative. Council has never sanctioned any of the alternatives, nor have they taken further action in respect of this matter aside from approving the present land use designations of the Courtice Urban Area Plan. Notwithstanding this, the results of the study and the public input received were considered during the course of our more recent review. In addition to the above-mentioned study, the I.B.I. Group, early in 1980 undertook a study of Special Purpose Commercial need for the Courtice Urban Area as background to a Neighbour- hood Development Plan for the surrounding residential neigh- bourhood. This too has been considered as input during the course of our review. In addition, a number of discussions have been held with Regional Planning staff with regard to that portion of this designated area located on the north east corner of the intersection of Darlington Blvd. and Highway 2. The subject area, although designated Special Purpose Commercial by the Courtice Urban Area Plan, was subsequently recommended for an amendment to Residential by Town Council, and a residential designation was approved within the neighbourhood development plan. As a result of the Regional Planning staff's review of the requested amendment and the concerns of local residents (5 - 4 - which led to this amendment request, Regional Planning staff recommended that the change to residential not be approved but that appropriate provisions be included within the Plan which would address the concerns of the residents about Commercial redevelopment. This recommen- dation was referred back to Regional Planning by Regional Council. Subsequently, a meeting was convened between Regional Planning staff and the local residents. As a result of that meeting, it was agreed that further action in respect of the official plan amendment would be deferred pending preparation and circulation of a draft zoning by-law for the area. We would note, however, that approval of the proposed by-law should be preceded by an amendment to the neighbourhood development plan. Such an amendment has been included as Attachment 4 to this report and is required to bring the Neighbourhood Development Plan into conformity with the Darlington Official Plan. ii) Prestonvale Road This node includes lands located on the north and south sides of Highway 2 at the intersection of Prestonvale Road. A portion of the area, on the north side of Highway 2, has already been rezoned for Special Purpose Commercial uses as a result of a recently approved subdivision application. The balance of the area, southeast corner of Highway 2 and Preston- vale, does not presently contain a commercial use although it is zoned C2-Commercial under the present By-law. The effect - 5 - of the amending "Special Provision" By-law will be, therefore, to bring the zoning of the lands into conformity with the approved Official Plan land use designation pur- suant to Section 6.5.3 (iv) of the Courtice Urban Area Plan. Courtice Road This node is located at the intersection of Highway 2 and Courtice Road and includes lands east and west of Courtice i Road south of Highway 2. The lands are presently zoned Rl-Residential, and Cl, C2 and C2-2-Commercial and are being used predominantly for automobile sales and service. A review of the actual extent of the lands being used for this purpose reveals that insufficient lands were included within the Special Purpose Commercial designation delineated within the Courtice South Neighbourhood Development Plan. And although the actual limits of the land use designation are flexible, to a degree, recognition of the actual limits of the site in question, will necessitate an amendment to the Development Plan since a significant deviation from the approved road pattern will result. Such an amendment has been included as Attachment 5 to this report. As with the node at Prestonvale Road, the effect of the amending "Special Provision By-law" will be to bring the zoning of the lands into conformity with the land use designation of the Official Plan. In addition to a detailed review of the subject areas, staff have also undertaken a review of the zoning provisions for I - 6 - this type of area, as contained in the by-laws of other municipalities. In that regard, the proposed by-law amendment contains provisions which are similar to those found within other municipalities. CONCLUSION: Based upon the foregoing, staff suggest that prior to Council consideration of the subject by-laws and neighbourhood development plan amendments, that these documents be circulated to the affected property owners, their comments solicited and if necessary a meeting convened to resolve any issues or concerns that may be iden- tified through our circulation. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: 1. That Report P-37-81 be received; and that 2. Staff be authorized to proceed with the circulation of the draft by-laws and development plan amendments and to convene a meeting, ffif necessary; to respond to any issues or concerns which may be identified during circulation. Respectfully submitted, A TTE:lb D. N. Smith, M.C.I.P. January 23, 1981 Director of Planning ATTACHMENT 1 to Report P-37-81 THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 81- a By-law to amend Restrict Area B.y-law Number 2111, as amended, of the former Township of Darlington now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington; NOW THEREFORE the Council of the Town of Newcastle ENACTS as follows: 1. By-law 2111, as amended, is hereby further amended by adding to Section 13 the following subsection (bb) : "(bb) Notwithstanding any provision of this By-law to the contrary, those parts of lots 32, 33, 34 and 35, Concession II, designated "SPECIAL PROVISION BY-LAW 81- " on Schedule 'A' hereto shall only be used in accordance with the following provisions. In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision of this By-law 2111, as amended, then the provisions of this SPECIAL PROVISION shall apply, but in the event that this SPECIAL PROVISION is silent on any matter, then the provisions of this By-law 2111, as amended, shall apply. (i) Definitions For the purposes of this SPECIAL PROVISION: a) "Catalogue Sales Outlet" shall mean a retail estab- lishment comprised of a merchandise display area and a merchandise warehouse or storage area, where customers are required to make their purchases through a central order desk using a merchandise catalogue. b) "Landscaped Area" shall mean the open unobstructed space from ground to sky, at grade on a lot, accessible to pedestrians and which is suitable for the growth and maintenance of grass, flowers, shrubs and/or other ground cover or landscaping including any surfaced walkways, patios or similar area but not including any driveway or ramp, whether surfaced or unsurfaced, any curb, retaining wall, parking or display area or any area beneath or within any building or structure. c) "Lot Coverage" shall mean the percentage of the total lot area which may be occupied by buildings and/or outside display areas. d) "Motor Vehicle Gasoline Bar" shall mean 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 2.5 square metres, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles, but shall not include any other establishment otherwise defined or classified in this By-law. 1. e) "Motor Vehicle Service Station" shall mean an establishment engaged in the retail sale of gasoline, diesel fuel or other petroleum products and new motor vehicle accessories, and where motor vehicle maintenance, in- spection or repair operations may be carried out, but shall not include bodywork to, painting or sale of, motor vehicles. f) "Recreational Club or Facility" shall mean a private or public establishment, the principle use of which shall be recreational or athletic activities. g) "Required Yard" shall mean the minimum yard required by this By-law. Permitted Uses a) a retail sales and/or service establishment for - furniture - major appliances - office furniture - home improvement supplies - motor vehicle equipment and accessories b) a beer, liquor or wine outlet c) a catalogue sales outlet d) a retail sales and/or service establishment, with outdoor display areas for - shrubs, flowers and other related nursery stock and garden supplies - recreational vehicles, equipment and accessories - motor vehicles, equipment and accessories iv - e) a restaurant, tavern or take-out restaurant f) a bowling alley, roller skating rink, assembly hall, banquet hall, fraternal organization club- house or a recreational club or facility g) a hotel or motel h) a funeral home i) an animal hospital or veterinary clinic J) offices, located on a second floor only, unless directly related to the primary use(s) of the ground floor. Zone Provisions a) Lot Area (minimum) 3500 square metres b) Lot Frontage (minimum) 30 metres c) Lot Coverage (maximum) 30% d) Front Yard (minimum) 15 metres e) Interior Side Yard (minimum) 5 metres provided that where a side lot line abuts a resi- dential zone, or abut: a lot having a resi- dential use situated thereon, within 15 metres of such com- mon lot line, a mini- mum side yard of 10 metres shall be re- quired. f) Exterior Side Yard (minimum) 10 metres g) Rear Yard (minimum) 5 metres provided that where a rear lot line abuts a residen- tial zone, or abuts a lot having a resi- dential use situated i I v - thereon, within 15 metres of such common lot line, the minimum rear yard shall be 10 metres. h) Landscaped Area (minimum) 35% i) Building Height (maximum) 10 metres j) Parking Spaces (minima) i) Uses listed by (ii) a) , b) and c) above - 1 for each 20 square metres of gross floor area of dis- play area plus 1 for each 100 square metres of gross floor area of storage or warehouse space. ii) Uses listed by (ii) d) above - 1 for each 100 square metres of gross floor area and/or out• side display area. iii) Uses listed by (ii) e) above - 1 for each 4 persons seating capacity or each 15 square metres of gross floor area whichever is greater. iv) Uses listed by (ii) f) above - 1 for each 6 persons seating capacity or each 20 square metres of gross floor area whichever is greater. v) Uses listed by (ii) g) above - 1 for each guest room or unit vi) Uses listed by (ii) h) above - 1 for each 10 persons chapel capacity vii) Uses listed by (ii) i) above - 3 for each practitioner - vi - viii) Uses listed by (ii) j) above - 1 for each 20 square metres of gross floor area ix) Where a building, structure or site accommodates more than one of the uses listed by Section (ii) "Permitted Uses", the parking space requirement shall be the aggre- gate of the requirements for the separate portions of the building, structure, or site occupied by such separate uses. x) Where a parking area abuts a residential zone or a lot having a residential use situate thereon within 15 metres of the common lot line, all lighting facilities shall be so designed and arranged as to direct and/or reflect the light away from that residential zone or use. k)i)Ingress and Egress With the exception of ingress and egress provided in association with a motor vehicle service station or a motor vehicle gasoline bar, all other uses shall be de- veloped with common points of ingress and egress, to be developed in conjunction with adjacent properties, having a minimum separation distance of 75 metres from centre line to centre line, where fronting upon a Type B Arterial Road and 180 metres where fronting upon a Type A Arterial Road as designated by the Durham Regional Official Plan. Notwithstanding this provision, subject to the consideration and approval of the Council having jurisdiction, temporary direct access to an arterial road may be permitted until a permanent access via a common point of ingress and egress i is available. i vii - ii) The distance between an intersection of street lines and the nearest point of ingress and egress for a use, other than a motor vehicle service station or motor vehicle gasoline bar, shall be 50 metres, except for temporary points of access as may be approved by the Council having jurisdiction. iii) All common pointsof ingress and egress shall not exceed 10 metres in width and shall provide for one ingress lane and two egress lanes for turning movements. 1) Loading Spaces (minima) Gross Floor Area Number of Spaces - 500 sq. metres or less 0 - 501 to 2500 sq. metres 1 - 2501 to 12,500 sq. metres 2 - for every 12,500 sq. metres in excess of 12,501 sq. metres 1 additional m) No parking or loading space shall be located within a required side or rear yard where such yard abuts a resi- dential zone or a lot containing a residential use situated thereon within 15 metres of the common lot line. n) No open storage, other than the display of merchandise associated with a use permitted by Section (ii) d) above, shall be permitted. o) No outdoor display of merchandise shall be permitted'within any required yard. viii - iv) Other Permitted Uses In addition to the uses permitted by Section (ii) above the lands subject to this SPECIAL PROVISION may also be used for the purposes of a "Motor Vehicle Gasoline Bar" and a "Motor Vehicle Service Station" in accordance with the following provisions: a) Lot Area (minimum) 1050 square metres b) Lot Frontage (minimum) 35 metres c) Lot Coverage (maximum) 20% d) Front Yard (minimum) 12.5 metres e) Interior Side Yard (minimum) 5 metres provided that that where a side lot line abuts a Residentia. zone or a lot having a residential use situate thereon, within 15 metre of such common lot line the minimum side yard shall be 10 metres. f) Exterior Side Yard (minimum) 12.5 metres g) Rear Yard (minimum) 5 metres provided that where a rear lot line abuts a Residential zone or a lot having a residential use situate thereon, within 15 metre of such common lot line the minimum rear yard shall be 10 metres. I ix - h) Landscaped Area (minimum) 35% i) Building Height (maximum) 10 metres j) Lot Depth (minimum) 30 metres provided that where the lot is a corner lot, the min- imum lot depth shall be 35 metres k) Pump Locations Notwithstanding any other provisions of this By-law to the contrary, a gasoline or diesel fuel pump island and/or an overhanging canopy, cover or shelter, intended for weather protection purposes, as part of a "Motor Vehicle Gasoline Bar" or a "Motor Vehicle Service Station", may be located within any front or exterior side yard provided: (i) that the minimum distance between any portion of any pump island or overhanging structure and any street line shall be 4.5 metres; and that (ii) where the lot is a corner lot no portion of any pump island or overhanging structure shall be located closer than 3.0 metres to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being a distance of 15 metres from the intersection of such lines, or 4.5 metres to the street line where such street line forms a diagonal between the front lot line and the exterior side lot line." i X 2. Map 21 of Schedule 'A' of By-law 2111, as amended, is hereby further amended by changing to "SPECIAL PROVISION BY-LAW 81- " the zone designation of the lands designated "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81- " on the attached Schedules "X" and "X-1" hereto. 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act, R.S.O. 1970. BY-LAW READ a first time this day of A.D. 1981. i BY-LAW READ a second time this day of A.D. 1981. BY-LAW READ a third time and finally passed this day of A.D. 1981. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THIS IS S..rIEDULE 'X' TO BY-Ljn d 81- , PASSED THIS DAY OF A. D. 1981 . �.•'I K. f... QS ...•'.F h4. t M 63.4m 71.5m 30.5m 40.2m O.r, ra,� �:.'�,�.�,�� s %fs i^..,g ¢�; sa::. .:. ..4e`:�Sa4.��;»i•�`'',:"<ztn�^`3`�\ M.ffiffi r.g.>,S.x•n :x.\::�ry z1.`,:.. fi:C\n��;:.a•'r.1 yxr.-.`:\:\�.:s .rr\`..:rs:>. yak>:.``:3.tz .cs):< 1 ,..r •g''�� 111G r:..�r.<scci:�..i�?;,\�i\s:.€:e'.'<�>Azsir?t,::�r[:{t•— J No i ,:�\as\�.�,`.\�\\�`` •:►111;'r,���ti�"�\�,t�'�',n '�.�Ly�ao�.>�,:ti�.�.:.:::.:.<<: >;,�\i.�£i�:`;�-:?awx nx. ,�\�k.: �.\Z��>\'.a:.��::a� :it`-Ff`'. �2•//�� //yy �., \ L C' Sri. \ E f ..::\,. .\� .� :♦n �R. oh. ���� o:\\:. x:41 LLJ p ;���:\<2 .4::.....::. Z Q 42'7fi 16-2m ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81-_. G.8• Rickard , Mayor 0, 50 150m 50 J.M. Mcllroy , Clerk I LOT LOT I OT OT ( L3 I LOT I LOT LOT LOT ( LOT I LOT 35 I I � I 30 I 29 l 27^ 1 _26 _1_25 I I ► ► i I I ► i I I i I I � ► I I I ► I ( i I ► ► i I I ► ► ► I I ° 000 I I I I I I I ► i I I I 0 ► i ► I i I I I I I WI i I i I ► � I I � i I I O ► I I SUBJECT SITE I I I I ,LNIcK I I I t ► I I I I co4am l I ► I I ► I ► ► i s I I I I I i I I I I i I I e I I I I 00 � i ► I � I I I I I I I I I I I � ► ► I ( i I � I I I I I I i NL4pMAL I ( ROAD ( Mt. ► I I I I I I I ► i I i I . I ► I I I I I ► I i I I I I ► I �� I I i ► I I I I KEY MAP FOR BY—LAW 81 — FORMER TOWNSHIP OF DARLINGTON 0 500 1000M 500 THIS IS S,,riEDULE 'X-1' TO BY-LAvV BI- , PASSED THIS DAY OF A. D. 1981 . HIGHWAY Ns 2 0 w Z N A`R Av E o P CL . .•i» ».. i i P ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81-_ . it G.B. Rickard ,Mayor Q._.. ,, 25 50 IOOm 20 J.M. Mcllroy , Clerk LOT i LOT LOT LOT I LOT LOT I LOT LOT ( LOT LOT >� 35 I 34 i 33 32 I 31 30 I 29 28 I 27 i 26 i I I I I ► I � i i I I I I 1 I I I I „� I I ► I i HWY, l a N z I I SLACk i I I I I I I SUBJECT i`a"m`z SITE i I I I I ► I I I I I I i i I I I e I I I I I I 00 I I I I .I I I I I I I i I ► ► I � I I ► ( I I � I I IQ[6gMAI i I 110A0 I Ml. _= I J I I I I I I I ► ( I I I I i I I I I ► ► ( w I I I I I i I I 0 1 I I j I I i i I I I I KEY MAP FOR 8`(-LAW 81 - . FORMER TOWNSHIP OF DARLINGTON 0 500 1000M 500 ATTACHMENT 2 to Report P-37-81 THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 81- being a By-law to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington; NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. By-law 2111, as amended, is hereby further amended by adding to Section 13 the following subsection (cc) : "(cc) Notwithstanding any provision of this by-law to the contrary, that part of Lot 34, Concession II, designated as "SPECIAL PROVISION BY-LAW 81- " on Schedule 'A' hereto shall only be used in accordance with the follow- ing provisions. In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision of this By-law 2111, as amended, then the provisions of this SPECIAL PROVISION shall apply, but in the event that this SPECIAL PROVISION is silent on any matter then the provisions of this By-law 2111, as amended, shall apply. The Block numbers cited herein refer to Block numbers indicated on Schedule "X-1" hereto. (i) Definitions - Blocks 1, 2 and 3 For the purposes of this SPECIAL PROVISION: a) "Catalogue Sales Outlet" shall mean a retail establishment comprised of a merchandise display area and a merchandise warehouse or storage area, where customers are required to make their purchases through a central order desk using a merchandise catalogue. b) "Landscaped Area" shall mean the open unobstructed space from 'ground to sky, at grade on a lot, accessible to pedestrians and which is suitable for the growth and maintenance of grass, flowers, shrubs and/or other ground cover or landscaping including any sur- faced walkways, patios or similar area but not including any driveway or ramp, whether surfaced or unsurfaced, any curb, retaining wall, parking or display area or any area beneath or within any building or structure. c) "Lot Coverage" shall mean the percentage of the total lot area which may be occupied by buildings and/or outside display areas. d) "Recreational Club or Facility" shall mean a private or public establishment, the principle use of which shall be recreational or athletic activities. e) "Required Yard" shall mean the minimum yard required by this By-law. Permitted Uses - Blocks 1, 2 and 3 a) a retail sales and/or service establishment for - furniture - major appliances - office furniture - home improvement supplies - motor vehicle equipment and accessories b) a beer, liquor or wine outlet c) a catalogue sales outlet d) a retail sales and/or service establishment, with outdoor display areas for - shrubs, flowers and other related nursery stock and garden supplies - recreational vehicles, equipment and accessories - motor vehicles, equipment and accessories e) a restaurant, tavern or take-out restaurant f) a bowling alley, roller skating rink, assembly hall, banquet hall, fraternal organization, clubhouse or a recreational club or facility g) a hotel or motel h) a funeral home i) an animal hospital or veterinary clinic j) offices, located on a second floor only, unless directly related to the primary use(s) of the ground floor Zone Provisions - Blocks 1, 2 and 3 a) Lot Area (minimum) (i) Block 1 7000 square metres (ii) Block 2 3500 square metres (iii) Block 3 3500 square metres iv - b) Lot Frontage (minimum) (i) Block 1 75 metres (ii) Block 2 30 metres (iii) Block 3 30 metres c) Lot Coverage (maximum) 30% d) Front Yard (minimum) 15 metres e) Interior Side Yard (minimum) 5 metres provided that where . a side lot line abuts a residential zone or abuts a lot having a residential use situ- ated thereon, within 15 metres of such common lot line, a minimumside yard of 10 metres shall be required. f) Exterior Side Yard (minimum) 10 metres g) Rear Yard (minimum) 5 metres, provided that where a rear lot line abuts a residential zone or a lot having a resi- dential use situated thereon, within 15 metre: of such common lot line the minimum rear yard shall be 10 metres. h) Landscaped Area (minimum) 35% i) Building Height (maximum) 10 metres v - J) Parking Spaces (minima) i) Uses listed by (ii) a) , b) and c) above - 1 for each 20 square metres of gross floor area of display area plus 1 for each 100squar� metres of gross floor area of storage or warehouse space. ii) Uses listed by (ii) d) above - 1 for each 100 square metres of gross floor area and/or outside display area. iii) Uses listed by (ii) e) above - 1 for each 4 persons seating capacity or each 15 square metres of gross floor area whichever is greater. iv) Uses listed by (ii) f) above - 1 for each 6 persons seating capacity or each 20 square metres of gross floor area whichever is greater. v) Uses listed by (ii) g) above - 1 for each guest room or unit. vi) Uses listed by (ii) h) above - 1 for each 10 persons chapel capacity. vii) Uses listed by (ii) i) above - 3 for each practitioner. viii) Uses listed by (ii) j) above - 1 for each 20 square metres of gross floor area. ix) Where a building, structure or site accommodates more than one of the uses listed by Section (ii) "Permitted vi - Uses", the parking space requirement shall be the aggregate of the requirements for the separate por- tions of the building, structure, or site occupied by such separate uses. x) Where a parking area abuts a residential zone or a lot having a residential use situate thereon within 15 metres of the common lot line, all lighting facilities shall be so designed and arranged as to direct and/or reflect the light away from that residential zone or use. k) Ingress and Egress i) All uses shall be developed with common points of ingress and egress, to be developed in conjunction with adjacent properties and having a minimum separation distance of 75 metres from centre line to centre line, where fronting upon a Type B Arterial Road and 180 metres where fronting upon a Type A Arterial Road as designated by the Durham Regional Official Plan. Notwithstanding this provision, subject to the consideration and approval of the Council having jurisdiction, temporary direct access to an arterial road may be permitted until a permanent access via a com- mon point of ingress and egress is available. ii) The distance between an intersection of streetlines and the nearest point of ingress and egress for a use, other than a motor vehicle service station or motor vehicle gasoline bar, shall be 50 metres, except for temporary points of access as may be approved by the Council having jurisdiction. vii - iii) All common points of ingress and egress shall not exceed 10 metres in width and shall provide for one ingress lane and two egress lanes for turning movements. 1) Loading Spaces (minima) Gross Floor Area Number of Spaces - 500 sq. metres or less 0 - 501 to 2500 sq. metres 1 - 2501 to 12,500 sq. metres 2 - for every 12,500 sq. metres in excess of 12,501 sq. metres 1 additional m) No parking or loading space shall be located within • required side or rear yard where such yard abuts • residential zone or a lot containing a residential use situated thereon within 15 metres of the common lot line. n) No open storage, other than the display of merchandise associated with a use permitted by Section (ii) d) above, shall be permitted. o) No outdoor display of merchandise shall be permitted within any required yard." 2. Map 21 of Schedule A of By-law 2111, as amended, is hereby further amended by changing to Special Provision By-law 81- the zone designation of the lands designated "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81- " on the attached Schedule 111" hereto. viii - 3. Schedule "X-1" to By-law 81- shall form part of this SPECIAL PROVISION. 4. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act, R.S.O. 1970. BY-LAW READ a first time this day of , A.D. 1981. BY-LAW READ a second time this day of , A.D. 1981. BY-LAW READ a third time and finally passed this day of A.D. 1981. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THIS IS SC.. EDULE `X� TO BY-LA.. 81 - , PASSED THIS DAY OF A.D. 1981 . ZONE CHANGE TO SPECIAL ` PROVISION BY-LAW 81- U') 3 M s'4. C d' M I 58• £< `'' 823 m .(n w ''y3c /^/� ��kt J <E>'y a.. G 4i�<t :\ Z lg:4irkir >N' .. W O x `a}... n`r :::.;... ,eZ" x s rF.kr, W Co <k Zo W HIGHW,,4Y N= �z 2 Z� 10 aJ oQ o 0 0 25 50 OOm G.B.Rickard , Mayor I 20 J.M. Mcllroy , Clerk THIS IS SC . EDULE IX-1 TO BY-LA. . 81 - , PASSED THIS DAY OF A. D. 1981 . L0 M 60.678m 40.231m 37.914m --►-I C � I > d� I E I N N 'T BLOCK 1 E I zo - _- _ � - -- T-- -- N BLOCK 2 E E w I � I B LOC K 3 ? w I I I o I o ow I I cn I I w I I I I 791m I 1 HIGH 4,( 40 538m � Q N2 40.569m 2 Q 0 G.B.Rickard ,Mayor 0 10 20 40m 10 5 J.M. Mcllroy , Clerk LOT LOT I LOT I _ _f LOT LOT LOT L(, LOT LOT LOT 35 I 34 I 33 I 32 I 31 30 I 29 28 I 27 I 26 I 25 = I I I I I I I I I i i I s ( I I ( u ( I I WI I 1 I I Y. No 12 I I I SLACK I I I I SUBJIECT I ICou"ICK I SITE I I I I w i I I I I I I s I I I I I I I I ( I I i I I I I I I o i I I I I � I I I i I I I I Ia9MAIM. I I 110A0 I Ma !I I I I I I I I I I I I I I I I ( I I I I I I �AC�rw MAIIAr I I I I C1MA11• .I KEY MAP FOR COY- LAW 81 - . FORMER TOWNSHIP OF DARLINGTON 0 500 1000M 500 ATTACHMENT 3 to Report P-37-81 THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 81- being a By-law to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law Number 2111, as amended, of the former Township of Darlington. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. By-law 2111, as amended, is hereby further amended by adding to Section 13 the following subsection (dd) : "(dd) Notwithstanding any provision of this by-law to the contrary, that part of Lots 28 and 29, Concession 2, designated as "SPECIAL PROVISION BY-LAW 81- " on Schedule A hereto shall only be used in accordance with the following provisions. In the event that there is any conflict between the provisions of this SPECIAL PROVISION and any other provision of this By-law 2111, as amended, then the provisions of this SPECIAL PROVISION shall apply, but in the event that this SPECIAL PROVISION is silent on any matter then the provisions of this By-law 2111 shall apply. - ii - (i) Definitions For the purposes of this SPECIAL PROVISION: a) "Catalogue Sales Outlet" shall mean a retail establish- ment comprised of a merchandise display area and a mer- chandise warehouse or storage area, where customers are required to make their purchases through a central order desk using a merchandise catalogue. b) "Landscaped Area" shall mean the open unobstructed space from ground to sky, at grade on a lot, accessible to pedes- trians and which is suitable for the growth and maintenance of grass, flowers, shrubs and/or other ground cover or landscaping including any surfaced walkways, patios or similar area but not including any driveway or ramp, whether surfaced or unsurfaced, any curb, retaining wall, parking or display area or any area beneath or within any building or structure. c) "Lot Coverage" shall mean the percentage of the total lot area which may be occupied by buildings and/or outside display areas. d) "Motor Vehicle Gasoline Bar" shall mean 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 2.5 square metres, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles, but shall not include any other establishment otherwise defined or classified in this By-law. e) "Motor Vehicle Service Station" shall mean an estab- lishment engaged in the retail sale of gasoline, diesel fuel or other petroleum products and new motor vehicle accessories, and where motor vehicle maintenance, in- spection or repair operations may be carried out, but shall not include bodywork to, painting or sale of, motor vehicles. f) "Recreational Club or Facility" shall mean a private or public establishment, the principle use of which shall be recreational or athletic activities. g) "Required Yard" shall mean the minimum yard required by this By-law. Permitted Uses a) a retail sales and/or service establishment for - furniture - major appliances - office furniture - home improvement supplies - motor vehicle equipment and accessories b) a beer, liquor or wine outlet c) a catalogue sales outlet d) a retail sales and/or service establishment, with outdoor display areas for - shrubs, flowers and other related nursery stock and garden supplies - recreational vehicles, equipment and accessories - motor vehicles, equipment and accessories. iv - e) a restaurant, tavern or take-out restaurant f) a bowling alley, roller skating rink, assembly hall, banquet hall, fraternal organization clubhouse, or a recreational club or facility g) a hotel or motel h) a funeral home i) an animal hospital or veterinary clinic j) offices, located on a second floor only, unless directly related to the primary use(s) of the ground floor Zone Provisions a) Lot Area (minimum) 3000 square metres b) Lot Frontage (minimum) 30 metres c) Lot Coverage (maximum) 30% d) Front Yard (minimum) 15 metres e) Interior Side Yard (minimum) 5 metres, provided that where a side lot line abuts a residential zone, or abuts a lot having a residential use situated thereon, within 15 metres of such common lot line, a minimum sideyard of 10 metres shall be re- quired. f) Exterior Side Yard (minimum) 10 metres g) Rear Yard (minimum) 5 metres, provided that where a rear lot line abuts a residential zone, or abuts a lot having a residential use situated thereon, v - within 15 metres of such common lot line, the minimum rear yard shall be 10 metres h) Landscaped Area (minimum) 35% i) Building Height (maximum) 10 metres j) Parking Spaces (minima) i) Uses listed by (ii) a) , b) and c) above - 1 for each 20 square metres of gross floor area of display area plus 1 for each 100 square metres of gross floor area of stor- age or warehouse space. ii) Uses listed by (ii) d) above - 1 for each 100 square metres of gross floor area and/or outside display area. iii) Uses listed by (ii) e) above - 1 for each 4 persons seating capacity or each 15 square metres of gross floor area whichever is greater. iv) Uses listed by (ii) f) above - 1 for each 6 persons seating capacity or each 20 square metres of gross floor area whichever is greater. v) Uses listed by (ii) g) above - 1 for each guest room or unit. vi) Uses listed by (ii) h) above - 1 for each 10 persons chapel capacity. vi - vii) Uses listed by (ii) i) above - 3 for each practitioner viii) Uses listed by (ii) j) above - 1 for each 20 square metres of gross floor area ix) Where a building, structure or site accommodates more than one of the uses listed by Section (ii) "Permitted Uses", the parking space requirement shall be the aggregate of the requirements for the separate portions of the building, structure, or site occupied by such separate uses. x) Where a parking area abuts a residential zone or a lot having a residential use situate thereon within 15 metres of the common lot line, all lighting facilities shall be so designed and arranged as to direct and/or reflect the light away from that residential zone or use. i) Ingress and Egress i) With the exception of ingress and egress provided in association with a motor vehicle service station or a motor vehicle gasoline bar, all other uses shall be developed with common points of ingress and egress to be developed in conjunction with adjacent properties, having a minimum separation distance of approximately 75 metres from centre line to centre line, where fronting upon a Type B Arterial Road and 180 metres where fronting on a Type A Arterial Road as designated by the Durham Regional Official Plan. Notwithstanding this provision, subject to the consideration and approval of the Council having jurisdiction, temporary direct access to an arterial vii - road may be permitted until a permanent access via a common point of ingress and egress is available. ii) The distance between an intersection of street lines and the nearest point of ingress and egress for a use, other than a motor vehicle service station or motor vehicle gasoline bar, shall be 50 metres, except for temporary points of access as may be approved by the Council having jurisidiction. iii) All common points of ingress and egress shall not exceed 10 metres in width and shall provide for one ingress lane and two egress lanes for turning movements. 1) Loading Spaces (minima) Gross Floor Area Number of Spaces - 500 square metres or less 0 - 501 to 2500 square metres 1 - 2501 to 12,500 square metres 2 - for every 12,500 square metres in excess of 12,501 square metres 1 additional m) No parking or loading space shall be located within a required side or rear yard where such yard abuts a resi- dential zone or a lot containing a residential use situated thereon within 15 metres of the common lot line. n) No open storage, other than the display of merchandise associated with a use permitted by Section (ii) d) above, shall be permitted. viii - o) No outdoor display of merchandise shall be permitted within any required yard. iv) Other Permitted Uses In addition to the uses permitted by Section (ii) above, the lands subject to this SPECIAL PROVISION may also be used for the purposes of a "Motor Vehicle Gasoline Bar" and a "Motor Vehicle Service Station" in accordance with the following provisions: a) Lot Area (minimum) 1050 square metres b) Lot Frontage (minimum) 35 metres c) Lot Coverage (maximum) 20% d) Front Yard (minimum) 12.5 metres e) Interior Side Yard (minimum) 5 metres provided that where a side lot line abuts a Residential zone or a lot having a residential use situate thereon, with- in 15 metres of such common lot line, the minimum side yard shall be 10 metres. f) Exterior Side Yard (minimum) 12.5 metres g) Rear Yard (minimum) 5 metres provided that where a rear lot line abuts a residential use situ- ate thereon, within 15 metres of such common lot line, the minimum rear yard shall be 10 metres. ix - h) Landscaped Area (minimum) 35% i) Building Height (maximum) 10 metres j) Lot Depth (maximum) 30 metres provided that where the lot is a corner lot, the minimum lot dept shall be 35 metres. k) Pump Locations Notwithstanding any other provisions of this By-law to the contrary, a gasoline or diesel fuel pump island and/or an I overhanging canopy, cover or shelter, intended for weather protection purposes, as part of a "Motor Vehicle Gasoline Bar" or a "Motor Vehicle Service Station", may be located within any front or exterior side yard provided: i) that the minimum distance between any portion of any pump island or overhanging structure and any street line shall be 4.5 metres; and that ii) where the lot is a corner lot no portion of any pump island or overhanging structure shall be located closer than 3.0 metres to a straight line between a point in the front lot line and a point in the exterior side lot line, each such point being a distance of 15 metres from the intersection of such lines, or 4.5 metres to the street line where such street line forms a diagonal between the front lot line and the exterior side lot line." 2. Maps 21 and 22 of Schedule 'A' of By-law 2111, as amended, are hereby further amended by changing to "SPECIAL PROVISION BY-LAW 81- " the zone e- gnation of the lands designated "ZONE CHANGE TO SPECIAL X - PROVISION BY-LAW 81- " on the attached Schedule "X" hereto. 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act, R.S.O. , 1970. BY-LAW READ a first time this day of A.D. 1981. BY-LAW READ a second time this day of A.D. 1981. BY-LAW READ a third time and finally passed this day of A.D. 1981. i G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THIS IS SCr1EDULE 'X' TO BY-LAdv 81 - , PASSED THIS DAY OF A.D. 1981 . ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81-_. 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Zt I I I I i I I I I I I ( I I I I I I I I I I I I I I I I I I I i I i I I I I 1 i I KEY MAP FOR BY-LAW 81 FORMER TOWNSHIP OF DARLINGTON � 0 500 1000M an Simi as v 500 ATTACHMENT 4 to Report P-37-81 THE CORPORATION OF THE TOWN OF 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-LAW 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. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk 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 time, clearly define the physical limits of the area. (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; (h) Mechanical equipment should be incorporated within and form an integral part of the design composition; (i) Open storage shall be prohibited with the exception of uses which, by their nature, require an outdoor display area; (j) Pedestrian and vehicular access and pathways should be clearly defined and designed as an integral part of the site; (k) Landscaping shall be utilized to provide buffer zones between commercial 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, signage, paving materials and build- ing textures; (n) Finished site elevations shall respect natural and/or existing grades of adjacent sites. MAP 1 SCHEDULE W 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. 71 Large parking or paved areas Landscaping promotes continuity of Common points of ingress and should be broken up by the stree!scape using common themes egress with common internal introduction of landscaping for I g hting,signage,paving materials traffic circulation. elements with clear definition and street furniture. of the various traffic areas. pedestrian /vehicular) ATTACHMENT S to Report P-37-81 AMENDMENT NO. 1 to the Courtice West Neighbourhood Development Plan 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 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 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. 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 [lest Neighbour- hood Development Plan is hereby amended by changing to "Special Purpose Commercial" the designation of those lands designated "Change to SPECIAL PURPOSE COMMERCIAL" on Schedule 'X' hereto. • t r00■■O noun. ►. rman ■■r■■■r■■■■r■.-_ ■■■■■■■■■■■■r■■■■r■■■■■■■.- • ■■■■■r■■■■■■■■r■■■■r■■r■■■■■r■■. ■■rr■■■■■■■■■■r■r■rr■■■■■■rr■■■■■rr■rr• r■r■■■■■■■■■■■■■■■■■■r■=rr■■■r■r■■rr■r• r�O ■■■■■■■/■■/■■r■r■■■r■■r ■r■■■■■■■■■/■r■ -- /■■■■■■■■■/■■rr■■r■■rr■■■r■■■r■rr■■■� ;, - /■r■r■■■■■■■■■■■■■■rr■■■r■■■M ■.__ /■■■■■■■r/■■■■■■■r■ wounnown to sommummuft-T■■■■■■■■r■■■r■■r■■■.._ .. momme NO /■■//■■■■■■■■//■■■■■■■■■.■ ■■ ■=■■r■/■r■r u■/r■■■■ ■r■■ ■■r■■r/r■■r■■■■■■■■■■■■■ ■■■■/r■■r■ri l■■/■■■r■■■■■ �//■■r■■■r■■■■■■■■■■■■■■.r■■ ■■r■■■■■■■■► --./■■■r■■r■■r■■■■■ ■■/� i■r■■■■. ■■■■■■■■■■■rr■■ '■/■r■r '��■■■�m::: ■/■rr' -.Lop V • • • • i/ • t c • • ATTACHMENT 6 to Report P-37-81 AMENDMENT NO. 1 to the Courtice South Neighbourhood Development Plan PURPOSE OF AMENDMENT: The purpose of this amendment is to extend the 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 AMENDMENT: This amendment is based upon a detailed review of the actual limits of the 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 Plan and that the necessary exten- 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 the former Township of Darlington and as further delineated by Schedule 1 to the Courtice South Neighbourhood Development Plan. ACTUAL AMENDMENT: 1) Schedule 1 to the Courtice South Neighbour- hood Development Plan is hereby amended by changing to "Special Purpose Commercial" the designation of those lands, designated "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. SCHtDULE X TO AMENDMENT 1 TO THE CO U RTICE SOUTH NEIGHBOURHOOD DEVELOPMENT PLAN :::::sec D Q O y• •• LLI • U • O I- ♦• s 0 • O '10 N e a glossa solve O • ♦♦♦♦ ♦q0 '' 'ii3i1i1r v i 2.3 h a ; J :•:� .` s CHANGE TO SPECIAL PURPOSE COMMERCIAL ® 0 200 400ft. CHANGE TO RESIDENTIAL 200 ® CHANGE TO LOCAL ROAD