HomeMy WebLinkAboutPD-132-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: VANSTONE.GPA
Meeting:
General Purpose and Administration Committee
~\ L\. lYElJ ,ei 0.04-4-
File # ]Jog, Om. Qo,f)5J.b/t0
Res. # GcP9 -5~- q 3
# 9.3 -/50
Date:
Monday, October 4, 1993
#:
PD 132 9 file #:
OPA 90 25 D/N, DEV 90-44
Subject:
Proposed Amendment No. 54 of the Official Plan of the former
Town of Newcastle
Rezoning Application Vanstone Mill Incorporated Part Lot 13,
Concession 1, Former Town of Bowmanville
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-132-93 be received:
2. THAT the application to amend the Official Plan of the former
Town of Newcastle by Vanstone Mill Inc. be approved as
Amendment #54 and be adopted by, by-law and be forwarded to
the Ministry of Municipal Affairs;
3. THAT the application for re-zoning be approved and a
subsequent by-law amendment be passed with an "H" holding
symbol which will be removed at such time the applicant/owner
satisfies all requirements for the Central Lake ontario
Conservation Authority, Ministry of Natural Resources,
Ministry of the Environment and the Municipality of Clarington
including the execution of a site plan agreement;
4. THAT the Ministry of Municipal Affairs, the ontario Municipal
Board, the Region of Durham Planning Department be forwarded
a copy of this report and Council's decisions; and
5. That all other interested parties listed in this report and
any delegation be advised of Council's decision.
508
RECYCLEO PAPIER
PAPER RECYCLE
REPORT NO.: PD-132-93
1. APPLICATION DETAILS
1.1 Applicant:
1.2 Proposed Uses:
PAGE 2
Vanstone Mill Inc.
Commercial: Approximately 1858
sq.m.{20,000 sq.ft.) of existing
commercial which includes the Mill,
-the Stable and the Miller's House.
Tablelands north of the Mill is
proposed for future unspecified
commercial uses of about 20,000
sq. ft. based on 30% coverage of the
tableland.
Residential: 5 storey,
residential apartment
located on the west
Bowmanville Creek.
57 un it
building
side of
1.3
Amendment:
To: include the subject lands in the
Bowmanville Urban Area and designate
to an appropriate land use category
to permit the proposed uses.
1.4 Zoning by-law Amendment:
From: Environmental Protection (EP),
and General Commercial (C1)
To: An appropriate zoning to permit
the proposed uses.
1.5
Area:
The applicant
of land), of
acres) are
applications.
owns 6.8 ha
which 2.34
subject
{17
ha
to
{5.80
the
acres
2. LOCATION
2.1 The subject site is located in Part Lot 13, Concession 1,
former Town of Bowmanville. The site is located on the
50!9
REPORT NO.: PD-132-93
PAGE 3
north side of King street, west of Scugog street and
south-east of the Canadian Pacific Railway line. (see
Attachment NO.1)
3. EXISTING AND SURROUNDING LAND USES
3.1
Existing uses: east side of the creek; the
Mill and the Stable are both
used for commercial purposes,
the Miller's House is a
residence at this time
west side of the creek is
vacant
3.2 Surrounding uses:
East: Residential and
Commercial {Tims' Rent-all)
South: Commercial and open
space
West: CP Railway
North: CP Railway and Open
Space
4. BACKGROUND
4.1 An application submitted by the Vanstone Mill Inc. to
amend the Official Plan of the former Town of Newcastle
and the Region of Durham Official Plan was received on
March 30, 1990. Subsequently on April 17, 1990, the
Municipality received a related rezoning application.
4.2 The initial application proposed a 44 unit apartment
building, on the west side of the Bowmanville Creek and
requested recognition of the existing buildings on the
east side of the creek for commercial uses.
51:0'
REPORT NO.: PD-132-93
PAGE 4
The proposed 44 unit apartment was subsequently reduced
to 39 units.
4.3 On June 17, 1991 Staff forwarded Report PD-130-91 dealing
with the residential component recommending approval of
the 39 apartment units. In considering staff's
recommendation, the motion to approve the residential
component was lost. However, there was no subsequent
motion to deny the application. As such, there is no
decision on the residential component.
4.4 Vanstone Mill Inc. submitted a revised application for
the residential component of the application on August
13, 1992 for 52 apartment units which has been increased
to 57 units as per the latest revision. The revised
application is shown on Attachment #2.
4.5 To satisfy the Public Meeting requirements under the
Planning Act Staff forwarded Report PD-202-92, on
September 21, 1992 for the residential component only.
At the meeting, council had lengthy discussions regarding
the development of the site and subsequently referred the
application back to Staff for further processing and
requested the applicant to address Council's concerns.
Council's concerns are discussed in section 10.1 of this
Report.
4.6
On July 6, 1993, the ontario Municipal Board conducted a
prehearing conference with respect to the referral
request by Bowmanville Mallon Amendment No. 255 to the
Durham Regional Official Plan and Amendment No. 40 to the
Official Plan of the former Town of Newcastle.
511
REPORT NO.: PD-132-93 PAGE 5
There were nine parties indicating a desire to
participate in the hearing, including Vanstone Mill Inc.
Both Amendment No. 255 and Amendment No. 40, include the
subject lands within the extended Bowmanville Main
Central Area. Amendment No. 255 designates the subject
lands as "Main Central Area" wi th an indication of
"Hazard Lands" associated with the Bowmanville Creek.
Amendment No. 40 designates the subject lands as part of
a "Special Study Area". The Vanstone Mill Inc.
indicated that they may wish to be party to the hearing
in the event that their application does not receive
approval for Municipal Council. The Municipality's
Solicitor indicated to the Board that Staff was in a
position to bring a recommendation to Council prior to
the second pre-hearing conference scheduled for October
18,1993.
The O.M.B. directed Mr. Gervais to resolve the
outstanding issues on the Mill site. Both parties are to
report back to the O.M.B. on October 18, 1993 with
respect to the whether or not the matters can be handled
independently or the need to join these applications to
the hearing in the event Council did not deal with the
applications or the applications were denied by Council.
4.6 Staff have prepared this report in consideration of the
ontario Municipal Board direction.
5. OFFICIAL PLAN POLICIES
5.1 The 1976 Durham Region Official Plan designates the
subject lands as "Major Open Space with an indication of
Hazard lands and Environmental Sensitivity" recognizing
the Bowmanville Creek and associated floodlines. The
subject property is located outside the urban area
512
REPORT NO.: PD-132-93 PAGE 6
boundary as defined in the 1976 Durham Region Official
Plan.
5.2 The 1991 Durham Region Official Plan incorporates the
subject lands within the Bowmanville Urban Area. The
lands associated with the Bowmanville'Creek valley are
designated Major Open Space in recognition of the Creek
valley and associated floodlines. The Bowmanville Main
Central Area is indicated symbolically, the precise
boundaries to be defined in the local Official Plan.
5.3 The Official Plan for the former Town of Newcastle does
not incorporate the lands within the Bowmanville Urban
Area. As a result there is no land use designation for
the subj ect lands. Amendment #54 proposes to incorporate
these lands into the Urban Area and provide
'Residential', 'Major Open Space' and 'Commercial'
designations.
5.4 As noted earlier in this report, the subject lands form
part of Amendment No. 225 and Amendment No. 40 both of
which are before the ontario Municipal Board. Amendment
No. 40 incorporated the subject lands within the Urban
Area and Main Central Area boundaries but designated the
lands as a special Study Area.
5.5 The applicant also proposes the development of 1226 sq.m.
(13,200 sq.ft.) of additional office/commercial floor
space, on Scugog Street. This portion of the site is
currently within the Urban Area boundary and designated
as "Main Central Area - Commercial". These lands are not
part of the Official Plan Amendment application.
6. ZONING BY-LAW
6.1 The site is presently zoned "Environmental Protection
51 3
REPORT NO.: PD-132-93
PAGE 7
(EP)" and "General Commercial {C1)". The applicant has
requested that the property be rezoned to permit the
proposed residential and commercial uses.
7. PUBLIC MEETING AND SUBMISSIONS
7.1 The appropriate signage acknowledging the applications
were installed on the subject lands. In addition, the
appropriate notice was mailed to each land owner and
tenant with the prescribed, 120 metre distance. Notice of
Public Meeting was also placed in the Canadian statesman
on September 4 1993.
7.2 Staff have fielded a number of questions from citizens
inquiring about the development of the site. In general,
citizens have expressed concern with development of an
apartment building in close proximity to the railway and
Bowmanville Creek.
7.3 Mr. Timothy Coffey has expressed concern with the King
Street access into the Vanstone Mill site. Mr. Coffey is
concerned that increased volumes of traffic will cause an
accident in the vicinity of the King Street/Scugog Street
intersection.
8. CONSULTANT REPORTS
8.1 The applicant proposed to develop the Vanstone Mill site
as well as the development of the lands to the west of
the Bowmanville Creek. A number of development
constraints had been identified with the site. In order
to accommodate the proposed uses, the applicant has
commissioned several technical reports in support of the
application. The planning issues touched on by these
technical reports are discussed below.
5l'4
REPORT NO.: PD-132-93 PAGE 8
8.2 Floodplain
The applicant had requested the limits of the Bowmanville
Creek floodplain be re-defined and reduced. The existing
mapping of the floodplain indicates a mill pond created
by a dam in the location of the mill. In 1986 the dam
was washed away during a heavy rain storm. The applicant
indicates that as a result, the Bowmanville Creek flows
as a much lower elevation, therefore a greater portion of
the subj ect lands should be considered as tablelands
rather than floodplain.
The applicant had retained Cosburn Patterson Wardman,
Engineering Consultants, to recalculate the floodplain
limit on Attachment No.2. The recalculated floodplain
limits would require the removal of the portion of the
dam abutment on the west side of the creek. The work also
involves removing fill material from the vicinity of the
washed dam and relocating it on the west side of the
creek where the apartments are proposed and on the east
side of the creek, near the mill.
The project also involves the construction of gabion and
rip-rap protection at various locations along the creek.
This is intended to prevent erosion of the creek banks.
The Conservation Authority and the Ministry of Natural
Resources are satisfied with the applicant's consultants
findings and have accepted the reduction in the
floodplain, provided the works are completed, to the
satisfaction of both agencies.
8.3 Noise
A Preliminary Noise Impact study prepared by G.M. Sernas
and Associates was submitted examining the noise levels
of the C.P. Railway and Highway No.2. The report
515
REPORT NO.: PD-132-93
PAGE 9
indicates that approximately twelve freight trains travel
along the C.P. Railway daily.
The ultimate average daily vehicular traffic along
Highway No. 2 would be 1700 cars/trucks.
study recognizes that a barrier fen~e/berm is impossible
to achieve given that the C.P. Railway trestle is located
15 metres above the proposed apartment location. However,
the report suggests a number of measures can be made to
mitigate noise generated from rail and vehicular traffic,
such as:
i) 2 metre high barrier located on the far south-east
side of the building if outdoor amenity area is to
be created and the appropriate noise warning
clauses should appear in the purchase and
sale/lease agreement;
ii) consideration be given to communal indoor amenity
area;
iii) due to high noise levels predicted at the building
facade, the use of unenclosed balconies as outdoor
living areas is not recommended.
8.4
Traffic
A Traffic Report, by Marshall Macklin Monoghan was
submitted at the request of the Municipality's Public
Works Department to examine the traffic egress and
ingress into both the residential and commercial
components.
The Report contained recommendations that were acceptable
to the Director of Public Works and are discussed in
section 9.2 of this report.
516
REPORT NO.: PD-132-93
PAGE 10
9. AGENCY COMMENTS
9.1 In accordance with departmental procedure, the
applications were circulated to obtain comments from
other departments and agencies. The following department
and agencies in providing comments, offered no objection
to the application as filed:
. Separate School Board
. Public School Board
. Ministry of Agriculture and Food
. Ministry of Transportation
. clarington Hydro Commission
. Regional Health Services
9.2 The Public Works Department is satisfied that suitable
access to the site can be provided as follows:
i) Entrance to the Apartment Building
The proposed entranceway to the apartment building
is satisfactory provided the GO Transit Kiosk is
re-Iocated.
ii) Scugog Street Entrance to Commercial Component
A new entrance to the commercial uses will be
established on Scugog Street.
movements will be permitted.
Full turning
iii) King Street Entrance to Commercial Component
Due to the proximity of the King Street access to
the King Street/Scugog Street intersection, left
turns exiting the site is not recommended. It is
suggested that the appropriate signage be placed on
the Vanstone Mill site and at the King Street
access to indicate that no left turns onto King
Street are permitted, and recommend that the
517
REPORT NO.: PD-132-93
PAGE 11
proposed new Scugog street access should be used as
an alternative.
If and when the Public Works Department deem it
necessary to al ter the King street access to a
right-in/right-out movement, a centre median will
be constructed on King street and Vanstone Mill
Inc. shall waive any objection to the centre median
in the site plan agreement and further agree to
erect a sign at their cost on the south side of
King street directing eastbound traffic on the site
via Scugog street.
In addition, the developer is required to enter into a
site plan agreement where a number of conditions must be
met including: All improvements such as illumination,
curbs, gutters, and all other works necessitated from the
development of the access shall be the applicant's
responsibili ty. The applicant is also required to
construct a sidewalk along the property's north side of
Highway No.2. Stormwater Management Report and Master
Grading and Drainage Plan to be submitted prior to the
development of the site.
9.3 The Fire Department has offered no objection to the
proposal although has suggested that a hydrant may be
appropriate in the vicinity of. the apartment Quilding. In
addition, the Fire Department has expressed concern with
the Mill site. Access to the mill site should be improved
to accommodate fire vehicles in accordance with ontario
Fire and Building Codes. The Fire Chief also suggests
that consideration be given to the installation of a fire
alarm system and sprinkler system in the existing mill
518
REPORT NO.: PD-132-93
PAGE 12
9.4
9.5
and stable shops. The alarm system in the mill and shops
should be connected to the Fire station.
The Community services Department requires the following:
. that all open space lands south of
Highway 2 and north of the C.P. Railway
trestle (approximately 4.7 ha) be
dedicated to the Municipality
gratuitously;
. all open space lands be stabilized from erosion by
creek armouring, bank regrading, and landscaped to
the satisfaction of the Director of Community
services;
. the parkland dedication requirement for the
residential component be accepted as cash-in-lieu
on the basis of 1 hectare per 300 dwelling units
and credited to the Parks Reserve Account;
. the parkland dedication for the commercial
component be accepted on the basis of 2% as cash-
in-lieu and credited to the Parks Reserve Account;
. adequate public access be provided to the
valleylands from Scugog street;
. the applicant provide the appropriate
indoor/outdoor recreational opportunities, for the
residential component.
The Regional Works Department notes that the water supply
is available on Scugog street.
519
REPORT NO.: PD-132-93
PAGE 13
Sanitary sewers are not available to the residential
site. Sanitary sewer is available to the commercial area
on Scugog Street. To service the residential component
with sanitary sewer the developer would require to
construct and maintain a private sewage pumping station
and forcemain for the subject property. An alternative
method of servicing by gravity would be to extend a sewer
from Spry Avenue trunk sewer on the south side on Highway
No.2 northerly to the site limits.
The applicant has chosen to provide sanitary sewer via a
private pumping station on the site.
9.6 The Central Lake ontario Conservation Authority offers no
objection to the development concept for the site.
However, the Authority will not support the rezoning of
the existing floodplain unless it is subject to the "H"
Holding symbol with the provision that the "H" will be
removed only after reduction/flood protection works, as
approved by the Authority have been carried out and as
explained in section 8.2 of this Report. The Authority
also noted that the approval only pertains to the
requests to lessen the flood hazard on the site. Prior
to the site development, additional approvals (permits)
will be required.
9.7 The Ministry of Natural Resources has offered no
obj ections to the redesignation of those lands outside of
the new proposed floodplain, however the lands within the
newly proposed floodplain should remain zoned
"Environmental Protection". Although the Environment
Protection Zone does not meet the Ministry's required 30
metre vegetated buffer, the Ministry has suggested that
the creek areas remain in a natural state. It would be
520
REPORT NO.: PD-132-93
PAGE 14
beneficial for additional vegetation to be planted within
this buffer zone, to aid in the protection of fisheries
in the Bowmanville Creek by providing shade which will
regulate water temperature. In addition, the plantings
would protect the watercourse from sedimentation and
excessive natural leaching of nutrients. The Ministry
requires site be rezoned with a "H" Holding Symbol, to be
removed at such time as the Conservation Authority has
approved the reduction/flood protection works, a
stormwater management plan and erosion and sediment
control report be approved by CLOCA and the Ministry of
Natural Resources.
9.8
The Ministry of Environment in their assessment of a
Preliminary Noise Impact Study have noted that the noise
can be attenuated on site to within acceptable limits.
However, prior to removal of the "H" holding symbol a
detailed noise study should be prepared indicating
construction materials and other noise mitigating
measures be submitted and approved by the Ministry. The
recommendations of the Noise Impact Study should be
implemented through a development agreement and the
appropriate building and construction plans.
9.9
Canadian Pacific Railway has noted its opposition to the
proposal. Residential development adjacent to the Right-
of-way is not compatible with Railway operations.
However, the Railway has offered a number of conditions
to be imposed on the development should it be approved,
including;
. a berm or combination noise attenuation fence and
berm to extend 5.5 metres above the top of the rail
5,21
REPORT NO.: PD-132-93 PAGE 15
. the dwelling units must be set back greater that 30
metres from the C.P. Railway
10.
10.1
10.1.1
10.1.2
. 1.83 metre chainlink fence be installed an
maintained along the property
There are numerous clauses to be inserted in all offers
of purchase and sale/leas~ and registered on title the
potential effects from noise, vibration or any other
impacts caused by the use of the railway.
STAFF COMMENTS
At the Public Meeting of September 21, 1992 Council
raised a number of issues regarding the development of
this site, and subsequently Staff have met with the
applicant to resolve these issues. Council's concern are
highlighted below followed by Staff comments.
council was concerned that residents or tenants of the
apartments would be complain of noise impacts from the
train and the Highway No. 2 traffic.
The Noise Impact Study has recommended that a number of
noise mitigation techniques as noted in section 8.3. Noise
mitigation measures can be readily incorporated into the
design of the apartment building. Warning
clauses in purchase and sale/lease agreements are also
recommended. The applicants have agreed to comply with
these conditions. A similar clause can be incorporated
into the site plan agreement to ensure this condition is
met.
council requested that the lands south of Highway No. 2
are not to be dedicated to the municipality.
522
REPORT NO.: PD-132-93 PAGE 16
By-law 79-69 notes that the Municipality may require the
dedication of creek valleylands, flood susceptible lands
or land with hazardous characteristics to the
municipality at no cost.
The Municipality' s acquisition of the lands south of
Highway No.2 would provide the "missing link" to lands
already in public ownership in the Bowmanville Creek
valley to the south and the north of the Vanstone
property. (see Attachment No.3)
Acquisition of these lands together with the development
and recent improvements of the valley lands would provide
a continuous open space system for public use. This is
also in keeping with the intent to provide a town trail
system wi thin the valleylands as recommended in the
Recreation and Leisure Services Masterplan.
10.1.3
council had requested that dam not be rebuilt and wished
to obtain a guarantee from the applicant to ensure this
would not occur.
The reduction of the floodplain is contingent on the
removal of the existing dam thereby allowing the
development within this area. The removal of the 'H'
symbol on the zoning is conditional upon the completion
of the works to the satisfaction of CLOCA and MNR. In
addition with the approval of this application all open
space lands will be dedicated to the municipality.
10.1.4
council had expressed a concern that there may be
potential conflict of applicant using Totten Sims &
Hubicki as consulting engineer. Totten sims Hubicki has
also been retained by the Municipality.
523.
REPORT NO.: PD-132-93
PAGE 17
The applicant has assured Staff that Totten Sims &
Hubicki (TSH) had not been retained for this project. TSH
was briefly retained by the Royal Canadian Legion to
assess a previous proposal for 52 apartment units.
10.1.5
council requested a letter of support from the Royal
Canadian Legion as the agent of the application.
At the Council Meeting of November 9, 1992, Council was
advised the correspondence that the Legion no longer had
an interest in support for the 52 unit apartment building
for senior citizens. (see Attachment 4)
10.2 The Railway has requested a number of conditions to be
fulfilled, including the construction of a berm or
combination berm and noise attenuation fence, minimum of
5.5 metres. The railway is elevated on a trestle more
that 15 metres above the surface. A berm or
berm/attenuation fence will be difficult to construct.
Prior to construction of the apartment building the
applicant are required to submit a detailed noise study
to the Ministry of Environment and energy where
al ternati ve methods of noise attenuation will be examined
in deta i 1.
10.3 The Municipality of Clarington Fire Department has noted
a concern with the access into the Mill site. A second
access is available to the Mill site via Scugog street
that should accommodate fire equipment.
10.4 Staff have examined the land use options for the west
side of the creek and offer the following comments.
i) Commercial, institutional and industrial uses are
considered inappropriate for this area given that
524
REPORT NO.: PD-132-93
PAGE 18
10.5
the land base is not sufficient enough in size to
adequately support a sizable floor plate and
parking.
ii) Open Space uses would essentially leave the subject
land in its natural state and under private
ownership. The proposed development will provide
the Municipality the opportunity to place
valleyland under public ownership for open space
and trail as discussed in section 10.1.2.
iii) Residential uses and associated parking can
be accommodated on this site. Traffic volumes
associated with this uses are considerably lower
than alternative land uses. The technical reports
indicate that the site can be developed to
accommodate the proposed residential uses. Finally
Highway No. 2 in Bowmanville is a major activity
corridor where mixed uses should be encouraged and
residential use should be at a higher density to
capitalize on existing infrastructure and services
as well as to facilitate the introduction of future
public transit.
The Vanstone Mill has been an important historical land
mark in the municipality. It has been the gateway to
downtown Bowmanville for over 150 years.
In its current state, the Mill site is under utilized.
The development of the site for commercial and tourist
related uses will be a great economic benefit to downtown
Bowmanville. In addition, the development of a continuous
natural green corridor through the Bowmanville Valley
enhance the downtown as well as provide linkages to other
neighbourhoods in the urban area.
525
REPORT NO.: PD-132-93
PAGE 19
10.6
11.
11.1
11. 2
In order for the development to proceed the official plan
amendment must provide the following:
i) include the land subject to development in the
Bowmanville Urban Area;
ii) include the lands subject to development in the
Bowmanville Main Central Area;
iii) provide a "Medium and High Density" designation on
the west side of Bowmanville Creek;
iv) provide a "Commercial" designation on the east side
of the Bowmanville Creek to recognize the
appropriate buildings and associated lands;
v) designate the commercial areas as a commercial
"Block" and make the appropriate adjustments in the
floorspace allocations for the Main Central Area;
and
vi) designate the lands within the newly defined
Regional storm Floodline as "Hazard Lands".
CONCLUSIONS
Staff have no objection to the approval of the Official
Plan Amendment and rezoning applications. The amending
zoning by-law for the uses be forwarded to Council at
such time as the amendment is approved by Council and
forwarded to the Ministry of Municipal Affairs.
Staff recommend that an "H" Holding symbol be applied to
the subsequent amending by-law, only to be removed when
the Conservation Authority, Ministry of Natural Resources
and Community Services Department are satisfied with the
526
REPORT NO.: PD-132-93
PAGE 20
creek improvements; the Ministry of the Environment is
satisfied with the detailed noise study; and all
requirements of the municipality are met including the
execution of a site Plan Agreement addressing all site
development details and all requirement and conditions of
various government agencies.
Respectfully submitted,
dr~~~~
Franklin Wu, M.C.I.P.
Director of Planning
and Development
FW*df
*Attach
28 September 1993
Interested parties to be notified of Council and Committee's
decision:
Mr. Gerard Gervais
Vanstone Mill Inc.
suite 501
100 Allstate Mill Inc.
Markham, ontario.
L3R 6H3
Ms. Evylin Stroud
89 Little Avenue
Bowmanville, ontario.
L1C 1J9
Mr. Tim Coffey
Tim's Rent-all Ltd.
102 King street West
Bowmanville, ontario.
L1C 1R5
Mr. R. Stevens
33 stevens Road
Bowmanville, ontario.
L1C 3K4
Mr. Jim Powell
Ms. Hetty Powell
3 Coleman Street
Bowmanville, ontario.
L1C 1L3
527
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 93-
being a By-law to adopt Amendment Number 54 to the Official Plan of the former Town
of Newcastle
WHEREAS the Regional Municipality of Durham Act, as amended, and Section 17(6) of
, the Planning Act, R.S.O. 1990, as amended, authorize the Municipality of Clarington to pass
by-laws for the adoption of or repeal of Official Plans for the Town of Newcastle and
amendments thereto.
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Official Plan of the former Town of Newcastle to expand the
boundaries of the Bowmanville Major Urban Area and the Bowmanville Main Central Area
to include 2.34 ha parcel of land in Part Lot 13, Concession 1, former Town of
Bowmanville; to designate this land as follows: IBlock 8' as 'Commercial' with a maximum
of 3,500 square metres of 'Gross Retail and Personal Service Floorspace' on the east side
of Bowmanville Creek; to increase the Bowmanville Main Central Area gross retail and
personal service floorspace limit of 46,500 square metres by an additional 3,500 square
metres; 'Medium and High Density Residential' on the west side of Bowmanville Creek' and
'Hazard Lands' within the Regional Storm Floodline.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1.
That Amendment Number 54 to the Official Plan of the former Town of
Newcastle, being the attached Exhibits' A', 'B' and 'c' and Explanatory Text,
is hereby adopted.
That the Clerk of the Municipality of Clarington is hereby authorized and
directed to make application to the Minister of Municipal Affairs for approval
of the aforementioned Amendment Number 54 to the Official Plan of the
former Town of Newcastle.
That this By-law shall come into force and take effect on the day of the final
passing thereof.
2.
3.
BY -LAW read a first time this day of
BY-LAW read a second time this day of
BY-LA W read a third time and finally passed this
,1993.
, 1993.
day of
,1993.
MAYOR
CLERK
. Attachment 4F 1 '
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LANDS DEDICATED TO
THE MUNICIPALITY OF
CLARINGTON
LAND OWNERSHIP
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Attachment +4
The Royal Canadian Legion
~~~~OW~~
OCT 2 6 1992
-+-
BOWMANVILLE (ONT. NO. 178) BRANCH
BOWMANVILLE, ONTARIO
LlC 3K8
Octobe:..: It), 1992
TOWN OF NEWCASTLE
MA YOR'S OFFICE
Town of Newcastle,
40 Temperance Street
Bowmanville, ON
Mayor Hamre:
After our Executive meeting of October 8, 1992, I was
asked to write to you and notify you and your staff officially
that Branch 178 Royal Canadian Legion, Bowmanville will in no
way be involved with or any part of the planned new building
that is to be near Vanstone Mill.
We do not agree with their ideas, and do not wish our name
linked in any way with this proposed project. There were
insinuations in the Canadian Statesman that this is a Legion
project, but we wish to put an end to any of these ideas.
If you have any questions in this matter, please feel free
to call President Jim Connell at 623-5782.
In Comradeship
C~~~~~T~~N
ACK. BY.........._
ORIGINAL 1 :..
S TO:
.;LL~_~__I&A~A A ~.___
Cecile D. Bowe~~;:~~tarY.Br. 178
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531
"They served till death f Why not we 7"
PURPOSE:
LOCATION:
BASIS:
Attachment -# 5
AMENDMENT NO. 54 TO THE OFFICIAL PLAN OF
THE FORMER TOWN OF NEWCASTLE
The Purpose of this Amendment is:
a) to delete the lands subject of this Amendment from
Amendment No. 40 to the Official Plan of the former
Town of Newcastle;
b) to extend the boundaries of the Bowmanville Major
Urban Area and the Bowmanville Main Central Area to
include a 2.3 ha (approximate) parcel of land in Part Lot
13, Concession 1, former Town of Bowmanville;
c) to designate the lands subject of this Amendment as
follows:
i) 'Medium and High Density Residential' on the
west side of Bowmanville Creek to permit a
residential building with a maximum of five (5)
storeys and a maximum of 57 units;
ii) 'Hazard Lands' within the Regional Storm
Floodline;
d) to increase the total gross retail and personal setvice
floor area for the Bowmanville Main Central Area by an
additional 3,500 square metres
The lands subject of this Amendment are located on the north
side of Highway No.2 immediately west of Scugog Street, south
of the Canadian Pacific Railway, being Lot 13, Concession 1,
former Town of Bowmanville, former Town of Newcastle, now
the Municipality of Clarington.
This Amendment is based on Official Plan Amendment
Application 90-25/D/N which seeks to designate the subject
lands for residential and commercial uses. The Amendment is
also based on an assessment of technical documents supporting
the proposed uses.
532
ACTUAL
AMENDMENT:
IMPLEMENTATION:
INTERPRETATION:
2..
a)
Amendment No. 40 to the Official Plan of the former
Town of Newcastle is hereby amended by:
i) amending Exhibit 'B' to Amendment No. 40, as
indicated in Exhibit' A' to this Amendment.
b) The Official Plan of the former Town of Newcastle is
hereby amended by:
i) increasing the floor space limit of '46,500' in
Section 7.2.5.2 i) e) i), by an additional 3,500
square metres;
ii) amending 'Schedule 7-1 - Land Use Structure
Plan, Bowmanville' as indicated in Exhibit 'B' to
this Amendment;
iii) amending 'Schedule 7-2 - Land Use Structure
Plan, Bowmanville Main Central Area' as
indicated in Exhibit 'C' to this Amendment.
Exhibits' A', 'B' and 'C' attached hereto shall form part of this
Amendment.
The provisions set forth in the Official Plan of the former Town
of Newcastle, as amended, regarding the implementation of the
Plan, shall apply in regard to this Amendment.
The provisions set forth in the Official Plan of the former Town
of Newcastle, as amended, regarding the interpretation of the
Plan, shall apply in regard to this Amendment.
533
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TO THE O;~ AMENDMENT NO. 54
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