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HomeMy WebLinkAboutPD-133-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: WILLSONIA.GPA PUBLIC MEETING \::J\ L\ ,DE.V,8b,()S4- File #,~ ,cfA.?/6, c4 ~ C:5/ On Res. # -;::::) b- I.:) # 1c3--/5/ Meeting: General Purpose and Administration Committee Date: Monday, October 4, 1993 #: PD -13 3 ~)3File #: orA 88-043 DEV 88-054 Subject: PROPOSED AMENDMENT NO. 55 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE Recommendations: 1. THAT Report PD-133-93 be received; 2. THAT Official Plan Amendment No. 55 to the former Town of Newcastle Official Plan be approved, that the necessary by-law be passed and that the Amendment be forwarded to the Ministry of Municipal Affairs; 3. THAT the Region of Durham Planning Department, the applicants and solicitors of files OPA 88-043/D/N, 88-087/D/N, 89-090/D/N and 90-025/D/N, the Bowmanville Mall, the Bowmanville Business Centre, the Ministry of Municipal Affairs and the ontario Municipal Board be forwarded a copy of this report and be advised of Council's decision; and 4. THAT all other interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 On May 26, 1988, an application was received by Durham Region from Darlington Properties Inc. to amend the Regional and Town Official Plans to permit a community Central Area with an 80,500 sq. ft. retail plaza. The lands in Part Lot 16, Concession 1, former Township of Darlington, were subsequently purchased by Willsonia Industries Ltd. A revised application uses was submitted in 1989 to redesignate the lands for Special Purpose Commercial uses to permit a 125,000 sq. ft. retail plaza. 1.2 An application by Markborough properties Inc. and West Bowmanville Developments was considered in the context of 537 RECYCLED PAPIER PAPER RECYCLE REPORT NO.: PD-133-93 PAGE 2 Amendment No. 40 to the Official Plan of the former Town of Newcastle and Amendment No. 255 to the 1976 Durham Region Official Plan. Both Amendments to the Regional and local Official Plans were adopted by Regional Council on February 6, 1991. within Amendment No. 255 to the Durham Region Official Plan the boundaries of the Urban Area and Main Central Area were extended and the retail floorspace allocation increased to 100,000 sq. m. (1,076,400 sq. ft.). The expanded urban area boundaries in the Regional Plan excluded the lands owned by Willsonia Industries. Amendment No. 40 of the Official Plan of the former Town of Newcastle reflected the boundaries indicated in the Regional Amendment but also designated certain lands outside the Main Central Area, including the Willsonia lands, as a Special Study Area. 1.3 On December 10, 1992, the Ministry of Municipal Affairs referred Amendment Nos. 40 and 255 to the ontario Municipal Board for a hearing in response to a request by the owners of the Bowmanville Mall. In its referral, the Ministry proposed several modifications to Amendment No. 40, one of them being the deletion of lands (including the willsonia lands) northeast of the Highway 2/Green Road intersection and west of the Bowmanville Recreation Complex on the basis that these lands were not included in the Urban Area boundary within Amendment No. 255 to the Durham Region Official Plan. 1.4 In order to rectify this inconsistency and in light of the work done to that date on the Main Central Area Study, Clarington and Regional staff proposed 538 REPORT NO.: PD-133-93 PAGE 3 Modification No. 1 to Amendment No. 40 to the Official Plan of the former Town of Newcastle and Modification No. 1 to Amendment No. 255 to the Durham Region Official Plan. These modifications effectively include the lands in question wi thin the urban area boundary. These modifications were considered by Clarington Council on March 15, 1993 and adopted by Regional Council on June 9, 1993. 1. 5 At the initial pre-hearing conference held on July 6, 1993, the ontario Municipal Board raised the issue of whether the area of land denoted in the above-noted modifications can be included in the urban area by way of modification as opposed to by separate Amendment to the Official Plan. 1.6 Regional and Clarington staff have reviewed this matter with their respective legal representatives. In light of the Board's comments, it is considered prudent to rescind the modifications and replace them with separate Official Plan Amendments. 'In fact, on September 15, 1993, Regional Council rescinded Modification No. 1 to Amendment No. 40 to the Official Plan of the former Town of Newcastle and at the same time passed Amendment No. 290 to the 1976 Durham Region Official Plan to incorporate lands on the north side of Highway 2, east of Green Road and west of the Bowmanville Recreation Centre within the Urban Area and to redesignate the lands from Major Open Space to Main Central Area. 1.7 In order to complete the process, a separate amendment to the local Official Plan, duly approved by local Council would be in order. 539 REPORT NO.: PD-133-93 PAGE 4 2 . COMMENTS 2.1 The proposed amendment attached to this report is an attempt to resolve the concerns raised by the O.M.B. In addi tion to include the willsonia' s lands within the urban area, the proposed amendment designates the lands in accordance to Council's resolution of July 26, 1993 to include 40,000 sq. ft. commercial floorspace allocation. 2.2 Amendment No. 55, once approved by council would be forwarded to the Ministry of Municipal Affairs for approval, and presumably will be referred to the O.M.B. for consideration in conjunction with other matters related to the Bowmanville West Central Area. 2.3 The text and exhibits of Amendment No. 55 to the Official Plan of the former Town of Newcastle are Attachment No. 1 to this report. Respectfully submitted, C)r~ ~~ Franklin Wu, M.C.I.P. Director of Planning and Development BR*DC*FW*df *Attach 27 September 1993 540 REPORT NO.: PD-132-93 PAGE 5 Interested parties to be notified of Council and Committee's decision: Ms. Helen Phillips 5 Soper Creek Drive Bowmanville, ontario. L1C 4K7 T.I.M. International Corporation Mr. M.R. (Iraj) Gilanpour P.O. Box 156, station 'A' Willowdale, ontario. M2N 5S8 Mr. Ronald F. Worboy Worboy, MacLean Barristers and Solicitors P.O. Box 21 153 Simcoe Street North Oshawa, ontario. L1H 7K8 Mr. George Webster Bowmanville Business Centre P.O. Box 365 Bowmanville, ontario. L1C 3L1 Mr. T.E. Cieciura Design Plan Services Inc. 385 The West Mall suite 303 Etobicoke, ontario. M9C 1E7 Mr. Wm. J. Daniell West Bowmanville Development Ltd. 70 Beacham Crescent Scarborough, ontario. M1T 1N1 Miss E. Dorrene Powell R.R.#3 Newcastle, ontario. Mr. Mark McMillan 2173 Denby Drive Pickering, ontario. L1X 2A9 541 Mr. Roger Elliott, Q.C. Fasken, Campbell, Godfrey Barristers and Solicitors Toronto Dominion Bank Tower P.O. Box 20 Toronto-Dominion Centre Toronto, ontario. M5K 1N6 Mr. Wayne Haas c/o Peter L. Mason Ltd. 1 Valleybrook Drive suite 200 Don Mills, ontario. M3B 2S7 Mr. Larry Dekkema Dekkema Gervais Development Corporation Allstate Corporate Centre 100 Allstate Parkway suite 501 Markham, ontario. L3R 6H3 Mr. A.A.H. strike, Q.C. Strike, Salmers and Furlong Barristers and Solicitors Box 7 Bowmanville, ontario. L1C 3K8 Mr. Roger Elliott, Q.C. Fasken Campbell Godfrey Barristers and Solicitors Toronto-Dominion Bank Tower P.O. Box 20 Toronto-Dominion Centre Toronto, ontario. M5K 1N6 Ms. K.I. MacGregor Assistant Regional Solicitor Regional Municipality of Durham 605 Rossland Road East P.O. Box 623 Whitby, ontario. L1N 6A3 REPORT NO.: PD-133-93 Ghods Builders Inc. 3292 Bayview Avenue suite 300 Willowdale, ontario. M2M 4J5 Mr. John E. Davies Shopping Centres Group Markborough Properties Inc. 1 Dundas Street West suite 2800 Toronto, ontario. M5G 2J2 Mr. Robert Hann Valiant Properties 'Management 177 Nonquon Road 20th Floor Oshawa, ontario. L1G 3S2 Glenn J. Genge Manager-Courtice Office 1415 Highway #2 Courtice, ontario. L1E 2J6 Mr. John Veldhuis Chairman Port Granby-Newcastle Environment Committee R.R.#l Newtonville, ontario. LOA 1JO Mr. Jose Ibanez Baseline Holdings 1409 Salem Road R.R.#l Ajax, ontario. LiS 4S7 Mr. Harold st. Croix The Church of Jesus Christ of Latter-Day Saints Bowmanville Branch c/o 11 Richardson Drive Pontypool, ontario. LOA lKO Rev. Richard Hilsden Liberty Pentecostal Church R.R.#3 (corner of Martin Road and Highway 2) Bowmanville, ontario. L1C 3K4 PAGE 6 Mr. Christopher Dodds Canadian Tire Corporation Limited P.O. Box 770, station 'K' 2180 Yonge Street Toronto, ontario. M4P 2V8 Ms. Maureen Kitchen The Great Atlantic and Pacific Co. of Canada Ltd. Real Estate Division P.O. Box 68, station 'A' Toronto, ontario. M5W 1A6 Mr. Steve Wilson 72 Temperance Street Bowmanville, ontario. L1C 3A9 Mr. John Kazmierowski McDonalds Restaurants of Canada Ltd. McDonalds Place Toronto, ontario. M3C 3L4 542 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 93. being a By-law to adopt Amendment Number 55 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 a 4.04 ha parcel of land in Pt. Lot 16, Cone. 1, former Township of Darlington; to designate this land as follows: 'Block 9' as 'Commercial' with a maximum of 3,725 square metres of 'Gross Retail and Personal Service Floorspace' on the southern portion and 'Special Study Area - Commercial' on the northern portion; to add a policy relating to the land designated 'Special Study Area - Commercial'; to increase the gross retail and personal service floorspace allocation for the Bowmanville Main Central Area from 46,500 square metres to 50,225 square metres. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment Number 55 to the Official Plan of the former Town of Newcastle, being the attached Exhibits' A' and 'B' and Explanatory Text, is hereby adopted. 2. 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 55 to the Official Plan of the former Town of Newcastle. 3. That this By-law shall come into force and take effect on the day of the final passing thereof. BY-LA W read a first time this day of BY-LA W read a second time this day of BY-LAW read a third time and finally passed this , 1993. , 1993. day of ,1993. MAYOR CLERK 547 PURPOSE: LOCATION: BASIS: - Attachment No.1 AMENDMENT NO. 55 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE The Purpose of this Amendment is: a) to extend the boundaries of the Bowmanville Major . Urban Area and the Bowmanville Main Central Area to include a 4.04 ha parcel of land in Part Lot 16, Concession 1, former Township of Darlington; b) to designate the lands subject of this Amendment as follows: i) 'Block 9' as 'Commercial' with a maximum of 3725 square metres of 'Gross Retail and Personal Service Floor Space' on the southern portion; ii) 'Special Study Area - Commercial' on the northern portion; c) to add a policy relating to the lands designated 'Special Study Area - Commercial'; d) to increase the gross retail and personal service floor space allocation for the Bowmanville Main Central Area from 46,500 square metres to 50,225 square metres. The lands subject of this Amendment are located on the north side of Highway 2, 0.8 km west of Regional Road 57, being Part Lot 16, Concession 1, former Township of Darlington, former Town of Newcastle, now the Municipality of Clarington. This Amendment is based on Official Plan Amendment Application 88-43/D/N which seeks to develop the subject lands for commercial purposes. On July 26, 1993, Council of the Municipality of Clarington resolved to approve a maximum of 40,000 square feet of commercial floor space on the subject lands. 543 ACTUAL AMENDMENT: I I IMPLEMENTATION: INTERPRETATION: The Official Plan of the former Town of Newcastle is hereby amended by: i), deleting the number '46,500' in Section 7.2.5.2i)e)I), and inserting the number '50,225' thereto; ii) adding a new section 7.2.14 as follows: 117.2.14 SPECIAL STUDY AREA - COMMERCIAL The areas designated as 'Special Study Area - Commercial' on the schedules to this Plan shall be subject to further study, after which appropriate designations and policies relating to the use of these lands for retail commercial with optional residential or mixed use development shall be adopted by amendment to this Plan.1I iii) amending 'Schedule 7-1 - Land Use Structure Plan, Bowmanville' as indicated in Exhibit 'A' to this Amendment; iv) amending 'Schedule 7-2 - Land Use Structure Plan: Bowmanville Main Central Area' as indicated in Exhibit 'B' to this Amendment. 'Exhibits 'A' and 'B' 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. 544 ~vS )> o )><"- ;oC m{f) )>-1 aJ ?:.- 0)> C<"- 20 0;0 )> ;oC -<;0 -aJ -)> Z REGIONAL ROAD N2 57 "'T1-i 00 ::O-i 3::r: mm ::0 . 0 -i'il O'il =E- ZQ )> ar-m 'il-oZ Z r- 0 m )> s: =E Z m () 0 Z :P"'T1-i cn...Z r:!:r:P mrn(1l (11, o o s: s: rrl :::0 o )> r ~ )>C/) :::o"U rrlrrl )>0 I)> Or OC/) $:-j 3':c rrlo ~-< )> r I ~ z o rrl Z -j :::0 )> r )> :::0 rrl )> m >< -o-l:r: OOjjj :O-l=i E::r: Jl mmOJ ,:0 0 ~ -1-0-1 0"l10 =Eo:t> zS;:E: Or-m -o'iJZ z r- 0 m :t> E: =E z ~ 00-1 :t> -0 Z CJ)-Io -I:r:. r-m01 m 01 ~ 9t7S GREEN ROAD I o -1 , p ~ OJ I o -1 (J1 MARTIN ROAD MUNDAY COURT lLE cou8 , , i i ....1 , .- .\ "yN" A, /.") 10/' .,.~ .' &'~',"'. -:, o ' g", '-:"' "--... O(~, ~"" ~', '-q%i," 'l!' 0< ;:{~ r _ ""-':;.: 'I.'," _. () " '. .., /) ^ ".