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HomeMy WebLinkAboutPD-207-87 TOXIN OF NE1~'CASTLE «) REPORT File # ~.•~a5 Res. # ~- /C~j.-~ By-Law # I~'° General Purpose and Administration Committee ~~~ Tuesday, September 8, 1987 T #: ~~,_~, FILE #: npn R7- CT: APPLICATION TO AMEND THE TOWN OF NEWCASTLE OFFICIAL PLAN - 684658 ONTARIO LIMITED 3 CHURCH STREET, BOWMANVILLE FILE: 87-11/N RECOMMiENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-207-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment application 87-11/N submitted by 684658 Ontario Limited be denied; and 3. THAT a copy of Council's decision be forwarded to the Region of Durham, the applicant and the i nter•ested par•ti es indicated hereto . BACKGROUND: On May 19, 1987, Committee considered Staff Report PD-138-87 (Attachment No. 1) in respect of Official Plan Amendment application 87-11/N submitted by 684658 Ontario Limited. The subject application seeks the r•edesignation of a 1395 square metre lot at 3 Church Street, Bowmanville from "Low Density Residential" to "Main Central Area/Commer•ci al" to permit the ...2 -~a~-~~ REPORT NO.: PD-207-87 Page 2 development of a parking lot to serve a new commercial/ residential development proposed for• the pr•oper•ty located directly to the south (208 - 210 King Street East) and fronting on King Street. This latter parcel is designated "Main Central Area/Commercial" by the Official Plan and zoned "General Commercial (C1)" by By-law 84-63. In the r•epor•t, Staff noted that a number of residents, a majority of which live south of the Bowmanville Mall, were concerned that the additional entrances onto King and Church Street resulting from the proposed development would be hazardous for• young children walking to and from Vincent Massey Public School. Staff recommended that the subject application be r•efer•r•ed back to Staff for• a subsequent r•epor•t upon receipt of all circulation comments. Committee and Council resolved to adopt Staff's recommendation and to for•war•d all petitions and comments to the Nor•thumber•land and Newcastle Board of Education and the Region of Durham for• review. The following comments were received subsequent to Council's consideration of Report PD-138-87. Nor•thumber•land and Newcastle Board of Education (May 5, 1987) "The Board is concerned r•estr•i cti ons ar•e placed I f tr•af fi c i s per•mi tted congestion will result. children ar•e presently sidewalks." with the proposed changes unless clear on access from the par•ki ng 1 of to Church Street. to flow from the lot to Church Street, fur•ther• A fur•ther• danger i s the fact that school valking along Church Street which has no ...3 ~'~-~> REPORT NO.: PD-207-87 Page 3 Nor•thumber•land and Newcastle Board of Education (June 2, 1987) "With respect to Report PD-138-87 concerning the petition which outlines the concerns that the r•esi dents have for• thei r• chi 1 dr•en walking to Vincent Massey Public School, I would like to add the following comments which ar•e comments as they relate to safety on solutions to the problem. At the present time, children ar•e walking from the Simpson Deer• Park - Ashdale Area to Vincent Massey Public School. Their present route is Simpson to King Street, cross King Street, along the north side of King Street to Lambert Street, and,..-then north to school. This walk, under the present situation, is not, from a safety point of view, the best since the students ar•e having to cross seven entrances or• exists to commercial establishments. Some of those commercial establishments have a significant volume of large trucks moving in and out. With the addition of the proposed commercial development between St. George Street and Lambert Street, I have a concern with the added volume of traffic that these children will be faced with. In addition, I have a concern with respect to an entrance or• an exit to the proposed development on Church Street, since it is my understanding that Church Street is designated in the Official Plan as a residential Street and such access would not be allowed. In addition to this, as yora ar•e probably aware there ar•e no sidewalks on St. George Street from King to Church and likewise on Lambert Street from King to Church. The principal of the school has required the children to use Lambert Street sinr_e this par•ticular• street seems to be a little avi der•, and ther•efor•e, safer. As a general comment, the amount of commercial development that has taken place on King Street between Liberty and the Bowmanville Pull is significant and that the addition of more commercial development in that par•ticular• area, I feel very strongly will jeopardize the safety of the school children walking to school. There is however, a solution to this problem which is a walkway from the end of Frank Street at King Street around the back of the Texaco Station, Medical Centre, and Frank Real Estate which would connect to Church Street. Obviously, the development of this wali<way would take the chi 1 dr•en out of the commer•ci al area and pr•ovi de them wi th a way to wal k to school safely. I am strongly suggesting that the walkway be fenced and paved since this will not only add a permanency to the situation but also safety. I have discussed this par•ticular• situation with Terry Edwards and my understanding is that the pr•oper•ty on which the walkway would go is slated for• a residential development, which such development pr•ovi di ng for• sidewalks. It i s also my under•standi ng that the walkway would integrate well with the proposed residential development. Ther•efor•e i n summary, 1) A walkway be built on the lot between Frank Real Estate and the King's convenience store and that such walkway connect to Church Street at St. George Street and be fenced and asphalted. ...4 ~~~~ REPORT NO.: PD-207-87 Page 4 Northumberland and Newcastle Board of Education (June 2, 1987) Cont d 2. That no access be allowed to the proposed commercial development off of Church Street." Region of Durham Works Department "The intent of this Official Plan Amendment is to allow the use of the subject pr•oper•ty as a par•ki ng 1 of for• the proposed commer•ci al plaza to be developed on the adjacent pr•oper•ty to the south. Ther•efor•e, no services ar•e anticipated to be r•equir•ed on the subject land. For• the above reason, this proposed parking lot would appear to have no concerns from a Regional Works Department's point of view and we have no objection to fur•ther• processing of this rezoning application." The Ministry of Tr•anspor•tation and Communications and the Roman Catholic Separate School Board have indicated no objection to the subject Official Plan Amendment application. COMMENT: Staff note that, with the exception of the Nor•thumber•land and Newcastle Board of Education, none of the agencies circulated with the subject Official Plan Amendment application have any objections to the r•edesi gnation of the pr•oper•ty at 3 Church Street from "Low Densi ty Residential" to "Main Central Area/Commercial". The Public School Board has indicated that thei r• pr•i mar•y concern r•el ates to r•estr•i cti ng acces s from the proposed parking lot onto Church Street. Planning Department Staff however have serious concerns with the proposed r•edesignation of the land at 3 Church Street from "Residential" to "Main Central Area". These concerns relate pr•imar•ily to the intrusion the proposed par•ki ng lot would r•epr•esent into an established 1 ow density residential area. Although the par•Icing lot is intended for• the use of the residents of the proposed building and no access onto Church Street would be permitted, it is Staff's opinion that a parking lot of this nature is not in keeping with the residential char•acter• of Church Street. ...5 <~~ REPORT NO.: PD-207-87 Page 5 Staff ar•e also concerned that the approval of the subject Official Plan Amendment application would establish a precedent for• the r•edesignation of other r•esi denti al pr•oper•ti es on the south side of Church Street. The limits of the Main Central Areas defined by the Town of Newcastle Official Plan were recommended by Staff after careful consideration of land use issues, and were approved by Council, the Region of Durham and the Mi ni str•y of Municipal Affai r•s. The approval of the subject application would r•epr•esent a fragmented approach to land use planning which could ultimately lead to the erosion of other residential areas abutting the Main Central Area. In consideration of the above, it is recommended that the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment Application 87-11/N be denied. The other issue of concern, as identified by both area residents and the Nor•thumber•land and Newcastle Board of Education is the increased danger to children walking from the Bowmanville Mall Area to and from Vincent Massey Public School which would be posed by the additional commercial entrance onto King Street. Currently, there ar•e no sidewalks between King Street and Church Street on either St. George or• Lambert Streets. As noted by the School Board, the principle has r•equir•ed the chil dr•en to use Lambert Street to reach the school and a crosswalk has been provided across Church Street at Lambert Street. Staff note however that this route br•i ngs the chil dr•en across the new entrance to the subject pr•oper•ty, an existing commer•ci al entrance on the cor•ner• of St. George Street and two (2) potential new entrances for• commercially-zoned pr•oper•ti es to the west. The School Board has concur•r•ed, following discussions with Town Staff, * with pursuing establishment of a walkway as shown by Attachment No. 2 hereto. Staff have initiated discussions with r•epr•esentatives of Nor•thdown Homes which owns the pr•oper•ty across which the School Board has proposed that a walkway be provided. Such a walkway could ultimately be incor•por•ated into the future development of the ...6 rr~~ REPORT NO.: PD-207-87 Page 6 Nor•thdown Homes site as a permanent feature. From discussions with School Board Staff, there apparently is no difficulty with children living to the south and west inasmuch as they can use the existing sidewalks along Liberty Street and the south side of Church Street. Following the Public Meeting of May 19, 1987 the applicant indicated a deli r•e to proceed with constr•ucti on of a proposal which would not i ntr•ude into the area subject of this application. That proposal complies with the cur•r•ent zoning regulations and Staff will be approving the site plans in due course. JAS*TTE*jip Attach. August 6, 1987 CC: Mr•. R.D. Scott Diamond & Fischmann Barr•i ster•s & Solicitors Suite 1, 58 Rossland Rd. E. OSHAWA, Ontario L1H 7V4 CC: 684658 Ontario Limited 96 Frank Rivers Drive SCARBOROUGH, Ontario M1W 3N3 CC: Mr•. John Stephenson Manager of Tr•anspor•tati on Nor•thumber•land & Newcastle Board of Education 834 D'Ar•cy Street P.0. Box 470 COBOURG, Ontario K9A 4L2 Recommended for• presentation to the Committee d,.- ~•` ~--~ r•ence otseff Chief Ad ' ~ ' s r•ati ve Of f i cer• ~c~) REPORT NO.: PD-207-87 CC: Mr•. Gordon Stewart Ms. Jane Chadwick 28 Ashdale Crescent BOWMANVILLE, Ontario L1C 3M9 CC: Mr•. Char•1 es Nash 27 Church Street BOWMANVILLE , Ontar•i o L1C 1S4 CC: Mr•. Wally Pitt 19 Deer•par•k Crescent BObJMANVILLE, Ontario L1C 3M4 CC: Mr. George Brooks 5 St. George Street N., BOWMANVILLE, Ontario L1C 2K4 CC: Ms. Kay Moore 9 Church Street BOWMANVILLE, Ontario L1C 1S2 CC: Mr•. Philip Palmer 26 Ashdale Crescent BOWMANVILI_E, Ontario L1C 3M9 Page 7 . ~ .. REPORT. ~ ~~ ~ ~Ei:le~.# ~ . ~ ~ .. ~; - ~; ,, r i :~ .~ .. Res. ~# ~ ~ . '" ry. 1 .. - :: ~ ~ ~ By-Law # hEET~ING: General Purpose and Administration Committee ~~ ~~~ Tuesday, Maly 19, 1987 REPORT #: 'PO-~~s-~~ FI(.F #: 67-11~D .. " ~~~~ APPLICATION TO AMEND TOWN OF NEWCASTLE OFFICIAL PLAN . APPLICANT: ~ 684658 ONTARIO LIMITED ~. ' 3 CHURCH STREET; BOWMANYILLE BACKGROUND AND COMMENT: ~.d' ~® On March 18, 1987, the Town was advised by the Region of Durham of an application. submitted by 684658 Ontario Limited to amend the Town of Newcastle Official Plan. The subject application seeks to redesignate a 1395 square metre lot at 3 Church Street, * Bowmanville (see attached Key Map) from "Low Density Residential" to "Main Central Area/ Commercial" to permit the development of a parking lot to serve a new commercial/residential development proposed for the property located directly to the south (208-212 King Street East) and fronting on King Street. ...2 ` ~ REPORT``N0. ': PD-138-87, ,• ' . - •~Page 2 ~~• . ~ . ~ _ . • • •`:Thi s~ •K•i rig~~Street frontage ~ ~ s 'designated "Mai'n ~~Centi^~al.Area/Commer. ci~~al."• by , :~ the Official Plan and zoned "General. Commercial (C1 )" by By-law 84=63. A . * copy of the proposed development is attached hereto. The proposal .' involves•a 3 storey building with 968.5 square metres (10,423 square ~ { feet) of commercial floor space on the ground floor, and~a total of 24 residential units on the second and third floors. The, applicant originally submitted to the. Town on November 18, 1986 an a ' application for Site Plan Approval for a proposed two-storey commercial/ . residential building on the King Street property. The development • proposed 637.8 square metres of commercial floor space on the ground .. - - . - ~: floor.:and 9 .residential ~ units. on the second floor. • T.he revi sed plan ~ _ _ currently being considered.was submitted to the Town on .December 18, .~# •986 Town .Staff subsequently ;advised the applicant that;. i n order for. the revised application to be,consider-ed; an Official Plan Amendment - . , . F: . application and~'a rezoning 'application were required. { ' ~ 5 on~Church sStr~eet fsubdect, of~;the ,Office al Plan Amendment ,, ~,~k , ;~R , ~,~~ ~r,,,~,The~_property~ ; <y F ,, F appf l;i cati on ~ s}+bounded on the east `.and west by si ngl e`~;fami 1 y, homes, -.. ,. Vincent.Massey Public School and single family homes lie_to the north !l7S _ _ ~' .~ .,. ~. ` ~ The ~ Reg i on-~ of Durham':P 1 anni ng Department ;~c~ rcul ated. the ::Of fi ci al P,1 an `. ~ ~~ Amendment ~applicat~on to the Regional Works:_Department, the Ministry of ~~ ,, , ,. Transport,at~ on ''and Communications and the. ~Publ i c and Separated School ~ :, _ ,;~. - : ,~ _. _ , _ Boards ..Comments from these, agencies ..have knot, as of yet, -'been .~ _ ~ . ~ .: ,, ~,, submitted:' The-following comments-were received from Town Departments: Public Works Department "We have reviewed the above-noted Official Plan Amendment and at this point in time have no objection in principle." Fire Department "No objection." ...3 "Some concerns about spatial separation on the west side of the building. I f there are no openings, then what;,about window requi rements for dwelling units." One letter with two (2) signatures and a petition with eighty-five (85) signatures have been submitted in objection to the proposed official plan amendment application. The residents, a majority of which live..in the _ area south of the Bowmanville Mall, are concerned that~the additional '- entrances onto King and Church Street resulting from the proposed development would be hazardous for young children walking to and from. Vincent Massey Public School. The map accompanying the petition is * attached hereto for Committee's information. ~ - ,- -, .. ~ . ~ ~: COMMENT: '. Staff note that none of the Town's Departments haveobjected to the t ~'~"''~" ~r~.>, ~ °' proposed development; however, comments from agenci es circulated `with-the application by .'the Region have ,.yet-to be received: ~~ ~t - 3 3 S. i" With respect to the concerns expressed by area residents, Staff further' - note that the applicant is entitled to an entrance onto King'Street - z inasmuch as the southern portion of the property is designated and zoned for commercial uses. Staff have advised the applicant that an entrance ,_. onto Church Street would not be permitted and that a landscape buffer, pursuant to Section 3.15 of By-law 84-63 would be required along the Church Street frontage of the property, as well as along the side lot lines abutting adjacent residential uses. Inasmuch as all circulation comments have not, as of yet, been received, it is recommended that Official Plan Amendment application 87-11/N be ...4 Respectfully submitted, war s, . 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