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Home My WebLink AboutPD-087-00 Addendum T . T ~ , ON:P087.ADD .;, . . THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Meeting: General Purpose and Administration Committee File # TrJZ- of Res. #(;:IJ9-(fJ7-0 / FILE #'s: COPA 99-002, ZBA 99-027, By-law # 2{j)/ - Dft ZBA 99-030, SPA 99-021 and SPA 2000-027 . Date: Monday, January 8, 2001 Report #: Addendum to PD-087-00 Subject: ONTARIO MUNICIPAL BOARD APPEAL OF CLARlNGTON OFFICIAL PLAN AMENDMENT, REZONING AND SITE PLAN APPLICATIONS APPLICANT: 1319164 ONTARIO LIMITED PART LOTS 26 & 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE NO.'S: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021; SPA 2000-027 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-087 -00 be lifted from the table and received for information; 2. THAT the Addendum to Report PD-087-00 be received; 3. THAT Council authorize Staff and the Municipality's solicitor to attend the Ontario Municipal Board hearing in regards to the appeals by 1319164 Ontario Limited and support: a) the adoption of Amendment No. 20 to the Clarington Official Plan, as revised (Attachment 3) to extend the Newcastle Village West Main Central Area; and b) the approval of a by-law amendment to Zoning By-law 84-63, as revised (Attachment 4) to permit retail commercial uses, a gas station and a retirement home on the lands subject to application ZBA 99-027 and ZBA 99-030; 4. THAT as the proposed changes to the Amendment to the Clarington Official Plan and Zoning By-law Amendment are deemed to be minor in nature, a further Public Meeting is not required; 5. THAT the Ontario Municipal Board and Region of Durham Planning Department be forwarded copies of this report; and,. 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 649 , , . > ADDENDUM TO REPORT NO,: PD-087-00 PAGE 2 1. BACKGROUND 1.1 1319164 Ontario Limited filed Clarington Official Plan amendment, rezoning and site plan applications to permit a two storey plaza with 2,112 m' of commercial floor space, a two storey retirement/nursing home with 88 unitsll75 beds, and a gas station with 329 m' of commercial floor space. A retail market impact study was conducted which determined that there would be no adverse impacts to the existing retail inventory. 1.2 On September 18, 2000, the Planning and Development Department forwarded Report PD-087-00 to General Purpose and Administration Committee for consideration. The General Purpose and Administration Committee approved the Report's recommendations. 1.3 On September 25, 2000, Council tabled the Committee's recommendation to the next Council meeting scheduled for October 16,2000. On October 16, 2000, Council further tabled the Committee's recommendation until January 2001. 1.4 On October 18, 2000, PMG Planning Consultants appealed all applications to the Ontario Municipal Board on behalf of the applicant as Council failed to make a decision within the prescribed timeframe. A hearing date has been scheduled for February 27,2001 for a period of four days. 2. COMMENTS 2.1 Council no longer has any authority to make decisions on these applications as the matter has been referred to the Ontario Municipal Board. As such, Council is being requested to authorize the Solicitor and staff to attend the Ontario Municipal Board Hearing in support of the Official Plan Amendment and the Zoning By-law Amendment as contained in Attachments 3 and 4. 2.2 At the GPA meeting of September 18, 2000, there was a discussion about the importance of this site as the eastern entrance to the Newcastle Village Main Central Area. In 650 . ADDENDUM TO REPORT NO.: PD-087-00 PAGE 3 particular, it was noted that the development should be of high quality and reflect the historic character of Newcastle Village's Main Central Area. Staff concurred and indicated that these issues would be addressed through site plan approval. Since this matter is now before the Ontario Municipal Board, including site plan approval, it is important that the Municipality's position be clearly articulated in the Official Plan and Zoning By-law documents. Accordingly Official Plan Amendment 20 has been revised to add two new policies to the Secondary Plan (Section 3.5 and 6.4) to address the gateway function of this development. Furthermore, in reviewing the site plan application, staff identified concerns with a drive-thru restaurant being located immediately adjacent to a residential area. Accordingly, this use is prohibited in the Cl- 27 zone. 2.3 Staff have met with the applicant to discuss site plan and urban design issues relating to all parts of the development scheme. The applicant intends to submit all required design studies, reports and drawings by year end. Staffwill be reporting back to Council on the site plan applications prior to the hearing. Respectfully submitted, Reviewed by, () f-~~ David . rom, M.C.I,P., RP.P. Director of Planning & Development Franklin Wu, M.C,LP., RP.P. Chief Administrative Officer. RH*BN*L T*DC*df 19 December 2000 Attachment 1 - Key Map Attachment 2 - Revised Site Plan Attachment 3 - Proposed Amendment to the Clarington Official Plan Attachment 4 - Proposed Zoning By-law Amendment 651 , ADDENDUM TO REPORT NO,: PD-087-00 PAGE 4 Interested parties to be notified of Council and Committee's decision: Mr. Ian Roher 1319164 Ontario Limited 1050 Finch Avenue West Suite 201 DOWNSVIEW, Ontario M3J 2E2 Mr. Murray Paterson 266 Church Street NEWCASTLE, Ontario LIB lC5 Mr. Julius DeRuyter PMG Planning Consultants 227 Bridgeland Avenue TORONTO, Ontario M6A 1 Y7 Mr. Mike Peel 315 King Street East NEWCASTLE, Ontario LIB IH4 Mr. Marty Levinson M.S.M. Construction Limited 180 Steeles Avenue West Suite 210 THORNHILL, Ontario L4J 2L1 Mr. Joel Hirsch Mandel, Hirsch Barristers and Solicitors 180 Steeles Avenue West Suite 218 THORNHILL, Ontario L4J 2L1 Mr. Ron Verbeek 327 King Street East NEWCASTLE, Ontario LlB IH4 Mr. Ron Hope Newcastle BIA 24 King Street East NEWCASTLE, Ontario LIB IH6 Mr. Hans Verkruisen Newcastle Chamber of Commerce 3988 Highway 2 East R,R.#8 NEWCASTLE, Ontario LIB lL9 652 ATTACHMENT 1 - 1M.................... .................... ..................... ......--............ ..................... .................... ...n................ ""....,........................... SPA 2000-027 ZBA 99-030 ::::::::::::::::::::. , LOT 27 - Part 1: COPA 99-002 SPA 99-021 , ZBA 99-027 Part 3: COPA 99-002 Part 2: ZBA 99-027 SPA 99-021 LOT 26 CANADIAN I lilT \jj~ P I IIII1 \ \ {::l ~ rrrrr;;;: 'A.CIFlC PA ~~ ~ 11111111 ~~~~AY 0D ElJlill1IIfi)1 fi III I f= R r1li r-- ~~ - lill r11l ~ ~ ~ gIp: ~.,.~ /~~ F /rTn f= III/un = ~ ?> /' 'TY 1I c--' NoIJ. rTfll I111 I ~ ~ 3 = ~ ~ ~ h" I ~ F'iflllllll ~lllllll ~ I '.: - ,.L-L-- ~IIH ~IIIH ~ J@rnj ~ G ~ R ET ~ SF 1111111111 mill \ h n n ruum ,[II I I II I: I III I Jjrn~ is 1/11 !Irml'-, -, I \ GJ _ II! rJ::-J - ,T IIW >- IllY ~ IH == -:,;:;J;;Y ,/ L ~ 1lI1111 ~~~':c. ,"--- =r= "" ~IIH~ ( ~ 1- ~ V~ ----,-- Will 111/1111111111 _ = ~ ~ :> --.-L: 11111111/1 (I[[[]]l >- ~ ~::: f: --E; == WID f:= v: ~~ =::I.- [I[/ll = \- y =3 I '----- []]I[] = J, - II /ccJ J~~ I~ /1 / HIGHWAY /:/ /:// // . . 401 NEWCASTLE VILLAGE KEY MAP I 653 N Z o (f) (f) W U Z o () ..-- z o (f) (f) W () Z o () ATTACHMENT '2 KING STREET EAST ;=::;:';',. :::::;:;...:.;...... :.;.;.;.:::::.;.;.:.' ~;~:~;I ~~: '~IJ ~i~I1Ih .. ) ~~!Ij! :iiIJG ::: t~{ tIt} . . :.: :~}f ::;:f::::.:. ...........:.:. '::~ :;;t~: {ftt! ::;::::=; =;:; ::::.~:: .:;:::: ::::::::: :::; :::::::~. ',' 6. .-<::;.~:. -j----r----l , I , I i I . I , I ! I , I . .J---r-...L------j i i ----~--------I f--------~ u__J i 1-------1 L--------~ , 1 I SITE PLAN I ~TQI.,.IIlIB"E'oIT/_1<<lI"E - -, ~- ..Dod """"111 8IllHlTlll" HlJIoodt7l,M$tI" _~ t21.U1.' BLOOM AVENUE _-'(~1 ~.""lH'Teleu>e ~~- MOc::tO....OOlt.-... -~- ~Tc:N~ - 1Ift-.o.r.21 -~- _".ATleINlli-II:Pl -~, 4A6eT..T1ON/iIIKT...... _od(~.) KEY PLAN K..ILIl OlT. ..'" ~.J U.od ......J ~TONI"LAUo - - -...~, -...""iIIKT.... .......t:II'~~ -~- lOT.II.LOI'~l'lo:I""J ~..,....,.,,,., ~~-.. /"'...., ~__ ~.....,...,J - 'M~ - ......"'nI"WA..., 113112 ......., _od()"".' _od ro.-"" -,- _III.>>. ,_,,,ll. W _Joc:..~e D""",, lOf~1."'~Ml""J ~AYeC:l -... r",,,,, ~-"("''''' - ~.f~~ - . -~ .-.cOlli......'..' _tn.. 2'C<l>>_~ J.q~_....~... TOf.ll.1.OT~("'''''J -~.T1QN) -~, ,.~ -... ~""J ~_"'lod""J ,.__ MCEI.rvJcI"" - -~ _M~ ,.._tTOT.oLnAJ 21<1..""~ ....",,- , n"IC..AGl!& .~, ~- ..,....e.....oGI!. .. 654 ATTACHMENT 3 AMENDMENT NO. 20 TO THE CLAR1NGTON OFFICIAL PLAN PURPOSE: The purpose of the Amendment is to extend the Newcastle Village Main Central Area to include additional lands in order to permit 2,441 m2 of retail commercial uses on a 0.99 hectare land area. BASIS: The amendment is based on an application submitted by 1319164 Ontario Limited (COP A 99-002) for retail commercial uses on the subject lands. A Retail Market Impact Study by Malone Given Parsons Limited and a Planning Report by John Winter Associates Limited were prepared in support of the proposal. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: i) By amending Map A4 - Land Use: Newcastle Village Urban Area as shown on Exhibit "1". ii) By adding a new Section 3.5 to the Newcastle Village Main Central Area Secondary Plan as follows: "3.5 To establish an eastern gateway to the Main Central Area." iii) By adding a new Section 6.4 to the Newcastle Village Main Central Area Secondary Plan as follows: "6.4 Notwithstanding Section 6.1 of this Plan, the commercial development at the intersection of King Street and Brookhouse Drive shall be designed with a prominent street presence, landmark architectural features reflecting historic themes and high quality streetscape amenities to function as a gateway to the Main Central Area." iv) By amending Map A - Land Use: Newcastle Village Main Central Area Secondary Plan as shown on Exhibit "2". IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the Newcastle Village Main Central Area Secondary Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan and the Newcastle Village Main Central Area Secondary Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 655 EXHIBIT "1 " AMENDMENT No. 20 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA ca.lCESSlON ROAD .3 I d I REDESIGNATE FROM "URBAN RESIDENTIAL" TO "MAIN CENTRAL AREA" r~ ( ~-~-----------'-'-----'1 r"- 656 GEORGE ST. W. ~\ I~ "0\J ...: Cf) 0"- LT1 --...,J GEORGE ST. E. [;j ...: Cf) '" :;;: z WILMOT ST. ADJUST "MAIN CENTRAL AREA BOUNDARY" CHALLENGE IOD, co CAROLINE SJ, W. ST. E. . . ADD "STRIP COMMERCIAL AREA" DESIGNATION ...: Cf) ci '" fY ci '" I I , r 0 50 50 m ~&-0$2 MAPA LAND USE NEWCASTLE VILLAGE MAIN CENTRAL AREA SECONDARY PLAN _ . _ MAIN CENTRAL AREA BOUNDARY I.:..:..::.:J MEDIUM DENSITY ....:............ RESIDENTIAL I!IIIlII!II!II STREET-RELATED _ COMMERCIAl AREA MIXED USE AREA B!i1J COMMUNITY FACILITY ~:::~~:::I NEIGHBOURHOOD PARK CD HERITAGE BUILDINGS FEBRUARY 2, 1999 THISCONSOU[),I..T1ONISPRO'llDEOroR~IEJolCEOHlY AHDJlEPRE5EN1SREQUESTEDIIlOlllFICATlONSANON'PROV.IlS 100 m = STRIP ~ COMMERCIAL AREA s: )>)> "tis: }>om s:Z ZO oiiA ~~ mz . 0 z. ~~ ~d ~--I r::I: mm <s: -c rz ~ ~o ::I: m ~ OJ s: C --I ~:< ~ 00 = mOl zO --Ii ~- rz ~G) ~~ (J)o ~~ ~o ~~ ~"tI "tI~ s:- Z THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2001-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Cotporation of the former Town of Newcastle _ WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with the applications ZBA 99-027 andZBA 99-030 to permit the development of2.441 m' of retail commercial floorspace and a retirement/nursing home with 88 units/175 beds. NOW TIffiREFORE BE IT RESOLVED TIIAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (CI) ZONE" is hereby amended by introducing a new Subsection 16.5.26 as follows: "16.5.26 GENERAL COMMERCIAL EXCEPTION (CI-26) ZONE Notwithstanding Sections 2, 3.12, 3.15, 16.1 and 16.3, those lands zoned (CI-26) shall be subject to the following provisions: a) Definitions i) Landscaping Strip Shall mean an area ofland used for anyone or more of the planting of trees, shrubs, flowers, grass or other horticultural elements, such as decorative stonework, fencing or screening. b) Permitted Uses i) Any non-residential use save and except a supennarket. ii) Convenience store c) Regulations i) interior Side Yard (minimwn) 8.0 metres to the first storey and 10.0 metres to the second storey ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip. iii) Nwnber of Loading Spaces 3" Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (CI) ZONE" is hereby amended by introducing a new Subsection 16.5.27 as follows: "16.5.27 GENERAL COMMERCIAL EXCEPTION (CI-27) ZONE Notwithstanding Sections 2, 3.12,3.15, 16.1 and 16.3, those lands zoned (CI-27) shall be subject to the following provisions: a) Definitions i) Landscaping Strip Shall mean an area ofland used for anyone or more of the planting of trees. sluvbs, flowers, grass or other horticultural elements, such as decorative stonework, fencing or screening. b) Pennitted Uses i) Any non-residential use save and except a supermarket and an eating establishment with a vehicular drive-through service ii) Convenience store iii) Motor Vehicle Fuel Bar c) Regulations i) Exterior Side Yard (minimum) 3.0 metres to a building or canopy ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip. iii) NwnberofLoading Spaces I" 658 ATTACHMENT 4 " -2 - Section 15.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by introducing anew Subsection 15.4.21 as follows: "15.4.21 URBAN RESIDENTIAL EXCEPTION (R4-21) ZONE Notwithstanding Sections 2, 3.15 and 15.2, those lands zoned (R4-21) shall be subject to the following provisions: a) Definitions i) Landscaping Strip Shall mean an area of land used for anyone or more of the planting of trees, shrubs, flowers, grass or other horticultural elements, such as decorative stonework, fencing or screening. ii) Dwelling Shall mean one (1) or more habitable rooms. designed or intended for use by one or more persons, in which sanitary facilities are provided for the exclusive or shared use of the persons, in which a heating system is provided, and which has a private entrance from a common hallway or stairway inside the building. For the purpose of this definition, dwelling shall also mean dwelling unit. b) Permitted Uses i) Apartment building ii) Nursing home c) Regulations i) Density (maximum) 105 units per ha ii) Dwelling Units (maximum) 88 iii) Interior Side Yard (minimum) 8.7 metres iv) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip." 2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (CI) Zone" and "Special Purpose Commercial Exception (C4-2) Zone" to "Holding - General Commercial Exception ((H)CI-26) Zone" "Holding - Urban Residential Type One ((H)RI) Zone" and "Holding - Urban Residential Exception ((H)RI-43) Zone" to "Holding - General Commercial Exception ((H)CI-27) Zone". "Special Purpose Commercial Exception (C4-2) Zone" and "Holding - Urban Residential Exception ((H)RI-43) Zone" to "Holding - Urban Residential Exception ((H)R4-2I) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2001. BY-LAW read a second time this day of BY -LAW read a third time and finally passed this 2001. day of 2001. MAYOR CLERK 659 ~ This is Schedule "A" to By-law 2001- , passed this day of , 2001 A.D. LOT 27 - - - .>:1 KINg- Sr.-'- - -- I ~- - :- -l ~ ZONING CHANGE FROM ! ~ "(H)R1" AND "(H)R1-43" TO "(H)C1-27" ! -'~ I77"7'A ZONING CHANGE FROM -.J I::::.LL.I "C1" AND "C4-2" TO "(H)C1-26" ! --] ~ ZONING CHANGE FROM I ~ "C4-2" AND "(H)R1-43" TO "(H)R4-21" -'I M.yo< HIGHWAY / 401 NEWCASTLE VILLAGE LOT 26 ----.-':O:';-~'fG!;T-~.- - z o CJ) -'- CJ) W c..> Z --~ \.., ----i CIe<k LOT 26 z o Vi V1 W U Z o u z o Vi V1 W U Z o u t · 659A