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HomeMy WebLinkAbout1979-07-23TOWN OF NEWCASTLE Planning and Development Committee July 23, 1979 Minutes of a meeting of the Planning and Development Committee held on Monday, July 23, 1979, at 9:30 a.m. in the Bell Building Committee Room Roll Call Present were: Councillor Ann Cowman, Chairman Councillor Keith D. Barr, Member Councillor William Clarke, Member Councillor Ivan M. Hobbs, Member Councillor Jasper W. Holliday, Memeber Councillor Maurice Prout, Member Mayor Garnet B. Rickard, Member Deputy Clerk, Gertrude Gray, Secretary Also Present: Town Manager, A.C.W. Guiler Director of Planning, Don Smith Resolution #PD -328-79 Moved by Con. Hobbs, seconded by Con. Prout Adoption THAT the minutes of the meeting held on July 5, 1979 of Minutes be adopted as read. "CARRIED" Public The meeting had been advertised as a Public Meeting to Meeting permit interested persons to express their views re - Rezoning garding an application requesting the rezoning of the (Brooking) site on Liberty Street North presently occupied by Brooking Transport from "Agriculture" to "Residential" with a special provision to permit a storage and maintenance building for transport trucks. The following persons spoke to the Rezoning Application: Mr. Martin Mr. Martin Chizen - 902 Gifford Street, Whitby. Chizen Mr. Chizen was objecting to the rezoning. He stated that he owned land back of the housing on Liberty Street North. He felt the rezoning would affect future development of the land and the introduction of light industry would open the door to other industries. He felt this would establish a permanent business, warehousing and trucking. He also objected to the noise. Planning and Development Committee - 2 - July 23, 1979 Dr. Peter Dr. Peter Zacharow - Liberty Street North (282) Zacharow Dr. Zacharow stated that he lives opposite the property to be rezoned and objected to the rezoning as he felt it might have adverse effect on his proposed subdivision and lead to other problems. He said that he felt he should not object to the present business but he objected to the noise. Mr. W. A. Mr. W. A. Kilpatrick - Liberty Street North (277) Kilpatrick Mr. Kilpatrick stated that he had property on either side of the property to be rezoned and he objected to light industry in that location. Mr. Puk Mr. Puk stated that he was a neighbour and supported the Brooking operation and asked that the it be allowed to continue. Mr. Wm. McAdams Wm. McAdams - representing 285085 Ontario Limited . 285085 Ontario owners of 100 acres to the north of the prcperty to be Limited rezoned ojected to the rezoning. He did not object to the present operation but to expansion. He stated that the rezoning would not be in conformity with the spirit of the Bowmanville By-law or the Durham Official Plan. Mr. Charles Ewert Mr. Charles Ewert - representing the owners, (Brooking) representing Mr. Ewert stated that he felt the objections were all Brookings dealing with future ownership and not the existing use. He felt the rezoning was not an expansion but an exchange in order to house the present facilities. He felt that this would be a change for the better as trucks etc. are now loaded and unloaded outside. The owners were willing to locate the new building further from the present houses. Delegations Mr. Roger Elliott spoke for the owners of the Bowmanville Mall and stated that they supported the recommendation in Report P-135-79. Resolution IIPD-329-79 Moved by Con. Hobbs, seconded by Con. Prout THAT the Committee deal with Report P-135-79 which was Item 2 on the Addendum. "CARRIED" Planning and Development Committee - 3 - July 23, 1979 Resolution #PD -330-79 Moved by Con. Hobbs, seconded by Con. Prout THAT the following recommendation, as amended, contained in Report P-135-79 be endorsed: WHEREAS the Official Plan of the Regional Municipality of Durham designates an area on King Street extending from Bowmanville Creek on the West to the Soper Creek on the East as the Main Central Area of the Bowmanville Urban Area, AND WHEREAS, the principal retail facilities serving the Bowmanville Urban Area are now located within this Main Central Area, Phase III AND WHEREAS, the market analyses prepared by the I.B.I. Bowmanville Group Ltd., for the Town of Newcastle, and by W.W. Urban Mall Consultants Ltd., for D.M. Consultants Ltd., on behalf Expansion of the owners of the Bowmanville Mall and by Geoffrey Stills Associates Limited, for Bowbrook Investments Ltd., owners of land at the southwest corner of Baseline and Waverly Roads in Bowmanville have confirmed that the Bowmanville Area is inadequately served by D.S.T.M. type space at the present time leading to a significant leakage of shopping dollars to centres outside the municipality, AND WHEREAS these analyses have confirmed that the significant deficiency in the retail facilities presently provided is a junior department store. AND WHEREAS an application was received from Land Development Complete Management Investments Ltd. and Baramond Builders Ltd., owners of the Bowmanville Mall on October 12, 1978 to construct such a junior department store within the Main Central Area, complementary to the existing complex of three supermarkets, AND WHEREAS the citizens of the Town of Bowmanville, in a survey conducted by the Urban Geography Department of the Bowmanville High School, expressed a desire for a junior department store to proceed as soon as possible, AND WHEREAS the subject site was redesignated from "Residential - High Density" to "General Commercial" by Amendment 5 to the Bowmanville Official Plan, which amendment was approved by the Minister of Housing on November 9, 1978, Planning and Development Committee - 4 - July 23, 1979 Phase III AND WHEREAS Land Development Complete Management Investments Bowmanville Ltd., and Baramond Builders Ltd., submitted an application Mall for the approval of Phase 3 of the Bowmanville Mall, which Expansion is located within the Main Central Area, and which incorporates such a junior department store. Recess Redesignation of Road Allow. Lots 30 & 31 Conc. 4 Darlington AND WHEREAS Council at that time refused to approve said application pending the completion of its own independent market analysis AND WHEREAS Council has new received confirmation that a junior department store is required, as demonstrated by the Market Analysis conducted by the I.B.I. Group on behalf of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED that Council hereby approves in principle, Phase 3 of the Bowmanville Mall and directs the Planning Director to prepare for Council's consideration at the next meeting, a draft by-law for the Phase 3 expansion of the Bowmanville Mall, and further, to prepare the recommended Development Agreement as soon as possible thereafter. "CARRIED" Mr. Peter Weston stated that Phase III should be started by the Spring or Summer of 1980 and completed by Christmas of 1980 and the Cinemas, in Phase II should be in operation by the end of 1979. Resolution #PD -331-79 Moved by Con. Holliday, seconded by Con. Barr THAT there be a 5 minute recess. "CARRIED" Resolution #PD -332-79 Moved by Mayor Rickard, seconded by Con. Hobbs THAT the recommendation in Report P-121-79 be endorsed and application to rezone Road allowance between Lots 30 and 31, Concession 4, Township of Darlington be approved and the amending by-law be forwarded to Council for approval. (79-71) "CARRIED" Planning and Development Committee - 5 - July 23, 1979 Resolution #PD -333-79 Moved by Con. Hobbs, seconded by Con. Clarke Redesignation THAT the recommendation in Report P-122-79 be endorsed and Road Allowance application to rezone Road Allowance between Concessions between Conc. 3 and 4, former Township of Darlington be approved and the 3 & 4, amending by-law be forwarded to Council. (79-72) Darlington "CARRIED" Resolution #PD -334-79 Moved by Con. Hobbs, seconded by Mayor Rickard Amendments THAT Report P-124-79, relative to Amendments to the to National National Housing Act Central Mortgage and Housing, be Housing Act received for information. C.M.H.C. "CARRIED" Resolution #PD -335-79 Moved by Con. Clarke, seconded by Con. Barr O.M.B. THAT the recommendation in Report P-125-79 be Hearing endorsed and Planning Department Staff and the Town (McEwen) Solicitor be authorized to attend the Ontario Municipal A90/78 and Board Hearing relating to Committee of Adjustment A5/79 Applications A90/78 and A5/79, in support of the Committee of Adjustment's decision. (McEwen). "CARRIED" Resolution #PD -336-79 Moved by Con. Hobbs, seconded by Con. Prout North/South THAT Report P-126-79 relative to North/South Arterial Arterial Road, Bowmanville, be received for information and Road Council reaffirm its position that the Training School Bowmanville Road be the North/South Arterial Road. "CARRIED" Conflict Mayor Rickard declared a conflict of interest in the of Interest foregoing subject and withdrew from debate or voting on this item. Planning and Development Committee - 6 - July 23, 1979 Resolution #PD -337-79 Moved by Con. Prout, seconded by Con. Clarke Durham THAT Report P-127-79 relative to Proposed Amendment No. 3 Official to the Durham Regional Official Plan, Special Study Area Plan 12, Port Granby Waste Management Facility operated by Amendment Eldorado Nuclear Ltd. be received and the Region of No. 3 Durham be advised that the Town of Newcastle has no Eldorado objection to proposed Amendment No. 3 to the Durham Waste Regional Official Plan affecting the Eldorado Waste Site Management site at Port Granby, provided that the subject site is returned to a safe state permitting the proposed agricultural and major open space uses without the danger to health or property of potential users "CARRIED AS AMENDED" Resolution #PD -338-79 Moved by Con. Holliday, seconded by Con. Hobbs THAT the foregoing resolution be amended by deleting "no" (objection) and substituting "an" and deleting "provided that" and substituting "until". "CARRIED" Resolution #PD -339-79 Moved by Con. Hobbs, seconded by Con. Barr THAT the resolution be further amended by adding "that it is not the intention of this Council to support any further extension of time for relicencing and decommissioning of the Dump and a copy be sent to the Atomic Energy Control Board." "CARRIED" Resolution #PD -340-79 Moved by Con. Hobbs, seconded by Mayor Rickard O.P.A. THAT Report P-128-79 relative to Official Plan Amendment part lot 26 Application, part lot 26, Concession 2, former Township Conc. 2 of Darlington, be received for information. (Tomina). Darlington "CARRIED" Planning and Development Committee - 7 - July 23, 1979 Resolution #PD -341-79 Moved by Mayor Rickard, seconded by Con. Clarke THAT Report P-129-79 be endorsed and: Draft 1. the Subdivision Agreement for Draft Approved Approved Plan of Subdivision Number 18T-78107 include Plan of the standard provision relating to the protection Subdivision of the water supply of adjacent property owners, and 18T-78107 (Davis) 2. a copy of this Report be sent to Mr. MacDuff and Mr. MacDonald for information, and 3.By-law 79-36 be forwarded to the Ontario Municipal Board for approval in spite of the possible objections. "CARRIED" Resolution #PD -342-79 Moved by Con. Hobbs, seconded by Con. Prout Sewage THAT Report P-130-79, relative to Bowmanville Soper Capacity Creek Water Pollution Control PlartReserve Capacity Soper Creek be received for information and the Planning Director Water Pollution review previous commitments for sewage capacity and all Control Plant previous commitments which have been made and report back to this Committee. "CARRIED" Resolution #PD -343-79 Moved by Con. Holliday, seconded by Con. Hobbs Lunch Recess THAT the meeting recess for lunch until 1:15 p.m. "CARRIED" The meeting reconvened at 1:20 p.m with all members present. Planning and Development Committee - 8 - July 23, 1979 Resolution #PD -344-79 Moved by Con. Holliday, seconded by Con. Prout THAT Report P-132-79 be endorsed and 1. The Planning and Development Committee consider the Rent -Geared conclusions of the Application Analysis for Senior To -Income Citizens in the Town of Newcastle 1978-79 being that there is a need for 20 to 24 subsidized rent -geared -to -income senior citizen units in the Town and 2. The Committee reserve a portion of the second Planning and Development Committee Meeting in August to discuss the Town's role in the provision of senior citizens rent - geared -to -income housing with representatives of the Ministry of Housing. "CARRIED" Resolution ItPD-345-79 Moved by Con. Prout, seconded by Con. Hobbs O.P.A. THAT Report P-133-79 be received and the Region of Durham 75-29/D be advised that the Town has no objection to their proposed 77-13/D method of dealing with Official Plan Amendment Application 77-30/NB Files: 75-29/D - Brooks, Lovell & McLellan 77-13/D - Edward Whiting 77-30/NB- Wilswar Enterprises Ltd. "CARRIED" Resolution FPD -346-79 Moved by Mayor Rickard, seconded by Con. Barr Architectural THAT Report P-134-79 be endorsed and Report P-63-79 Controls be lifted from the table and Committee consider "Architectural Controls" on new plans of Subdivision. '`CARRIED" Planning and Development Committee - 9 - July 23, 1979 Resolution #PD -347-79 Moved by Con. Holliday, seconded by Con. Clarke THAT the following recommendation in Report P-63-79 be recommended to Council: 1. That the proposed changes be made to the standard form of Subdivision Agreement: "Architectural Control" 1) The owner covenants and agrees with the Town that it will exercise or cause to be exercised architectural control over the designand construction of dwellings on the Plan (Plan of Subdivision) through compliance with the following: (a) That the exterior construction on all homes be mostly masonry: (b) That there be variation in the homes to be erected. (c) That not more than two abutting homes shall be similar in model type; (d) That where a unit will abut an existing residential unit, the proposed unit will be of a similar type. 2) The owner covenants and agrees that it will in the agreement of purchase and sale require each builder purchase from it to file, prior to applying for a building permit, with the Town a master plan for the lots purchased by the builder purchaser showing housing types, elevations and the distribution of models _or such lots. 2. That the master plans referred to in clause 2) and that all building plans be prepared by a registered professional architect and that perspective drawings be prepared showing the proposed units. These 'master plans' will require approval by the Town. "CARRIED" Resolution #PD -348-79 Moved by Con. Holliday, seconded by Con. Clarke THAT, if Planning Staff do not consider this work can be handled by Staff, they indicate what kind of Committee be appointed for this task. "CARRIED AS AMENDED" Planning and Development Committee - 10 - July 23, 1979 Resolution #PD -349-79 Moved by Con. Prout, seconded by Con. Hobbs THAT the foregoing resolution be amended by adding "and Staff indicate the cost of this Committee". "CARRIED" Mrs. Mackie Mayor Rickard gave a verbal report and indicated that progress is being made regarding Mrs. Mackie's problem. Resolution #PD -350-79 Moved by Con. Prout, seconded by Con. Barr Application THAT Application for Rezoning Number Z -A-2-6-3, for Rezoning Part lot 10, Concession 2, former Town of Bowmanville, Z -A-2-6-3 Brooking Transport, be approved and by-law for rezoning Brooking be subject to the following conditions: Transport 1. That the applicant enter into a Development Agreement as described in Section 35(a) of The Planning Act, with the Corporation of the Town of Newcastle, and 2. That the said Development Agreement be signed by the applicant and the Town of Newcastle prior to approval of the by-law. "CARRIED AS AMENDED" Resolution G6PD -351-79 Moved by Con. Holliday, seconded by Con. Barr THAT the previous resolution be amended by adding: 3. That the south half of the subject property, or the minimum area in the southern portion, only, be rezoned to the appropriate designation to permit a special condition for commercial or industrial designation. "CARRIED" Resolution #PD -352-79 Moved by Con. Holliday, seconded by Con. Prout Status THAT the status of the rezoning of Old Scugog Road, south Old Scugog of Taunton Road to Highway 57 be referred to Staff for Road a report. "CARRIED" Planning and Development Committee - 11 - July 23, 1979 Resolution #PD -353-79 Moved by Con. Holliday, seconded by Mayor Rickard THAT WHEREAS the costs of storm water management studies and construction are the responsibility of the developable land, AND WHEREAS there is no policy to deal with the funding of such costs, Policy THEREFORE BE IT RESOLVED that the Town of Newcastle adopt re Storm a policy of prorating all the associated costs of studies, Water engineering, legal work and construction of this work to Management all developers and that these costs be transmitted to those Studies and affected and these be recovered at the time of expense or Construction through the subdivision agreement (i.e. expense plus interest) charges, be referred to the Staff for a draft of this policy for a report to the next Planning and Development Committee and this policy when completed, be adopted by by-law. Resolution #PD -354-79 Moved by Con. Hobbs, seconded by Con. Prout THAT the matter be referred to Staff for comment to the next Council meeting and the action taken at the Special Council Meeting of July 20, 1979, re Courtice Heights, be rescinded. "CARRIED" Resolution #PD -355-79 Moved by Con. Holliday, seconded by Con. Hobbs Courtice THAT the Town's cost for the Courtice Storm Water Management Storm Plan be drawn from the Ontario Hydro Station B account or Water that an agreement be entered into with Ontario Hydro for Management the purposes of funding the Town's cost of the Storm Water Plan Management Study, in order to indicate the Town of Newcastle's good faith in keeping with the Section 27(e) of the Agreement between the Town of Newcastle and Ontario Hydro associated with the financial impact in implementing plans to house employees related to the construction of the Darlington Nuclear Generating Station. Planning and Development Committee - 12 - July 23, 1979 Resolution #PD -356-79 Moved by Con. Holliday, seconded by Con. Prout THAT the matter be referred to Council. "CARRIED" Resolution #PD -357-79 Moved by Con. Holliday, seconded by Con. Barr THAT the Town hereby authorizes Totten, Sims, Hubicki Limited to undertake the preparation of a Storm Water Management Plan for the Courtice Drainage Area in the amount of $43,500 to be undertaken immediately, according to the Terms of Reference prepared by the Town and reriewed by the Central Lake Ontario Conservation Authority and further, this expenditure be financed in the interim from the lot levy fund until the necessary funds are acquired from sources other than from municipal funds. Resolution #PD -358-79 Moved by Mayor Rickard, seconded by Con. Clarke THAT the matter be referred to Council. "CARRIED" Resolution #PD -359-79 Moved by Con. Holliday, seconded by Con. Hobbs Adjournment THAT the meeting adjourn at 3:45 p.m. "CARRIED"