HomeMy WebLinkAboutPD-7-95THE CORPORATION OF THE MUNICIPALITY OF
DN:OMB-HEAR.GPA REPORT
Meeting: General Purpose and Administration Committee
Date: Monday, January 23, 1995
PD -7 -95
Report File #:
Subject: ONTARIO MUNICIPAL BOARD HEARING
BOWMNAVILLE WEST MAIN CENTRAL AREA
File # 121 ~LJ„ C V )
Res. # G P P -22 _2-'a `
By-Law #
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -7 -95 be received; and
2. THAT the Municipality's consultants Berridge Lewinberg
Greenberg, The Climans Group and Cumming Cockburn be
commended for their work in support of the Bowmanville
West Main Central Area Plan at the Ontario Municipal
Board Hearing.
1. INTRODUCTION
The 'Ontario Municipal Board hearing on the Bowmanville West
Main Central Area commenced on January 31, 1994 and was
completed on November 22 1994 after approximately 50 days of
evidence and argument. The Board's decision was released on
December 23, 1994
The purpose of this report is to:
• summarize the key findings of the Board
• summarize the disposition of the planning applications
• identify the follow -up actions.
2. BACKGROUND
A total of 15 planning matters were joined to this hearing as
follows:
...2
YCLEP
A PIER
PAPER R E CYCLE
THIS
6 PRIMED CN RECYCLED PAPER
REPORT NO.: PD -7 -95 PAGE 2
• Referrals 2 and 21 to the 1991 Durham Regional Official
Plan
• Amendment 255 to the 1976 Durham Region Official Plan
(Markborough Properties)
• Amendment 290 to the 1976 Durham Region Official Plan
(Willsonia Industries)
• Amendment 40 to the Official Plan for the former Town of
Newcastle (Markborough Properties)
• Amendment 54 to the Official Plan for the former Town of
Newcastle (Vanstone Mill Inc.)
• Amendment 55 to the Official Plan for the former Town of
Newcastle (Willsonia Industries)
• Amendment 56 to the Official Plan for the former Town of
Newcastle (Bowmanville West Main Central Area)
• Markborough Properties Rezoning Application
• Markborough Properties Site Plan Application
• Willsonia Industries Rezoning Application
• Ghod's Builders Rezoning Application
• Ghod's Builders Site Plan Application
• 3 Land Division Applications by Markborough Properties
and West Bowmanville Developments
3. MAJOR FINDINGS OF THE BOARD
3.1 The Board was very supportive of the Municipality's position
in this hearing. The four key findings of the Board are:
• The referred policies of the 1991 Regional Official Plan
represent good planning and were recommended for
adoption.
• The West Main Central Area Plan found to be a well -
researched and sound planning document and was approved
with some modifications.
• The Urban Design Plan and Guidelines were considered to
be very good and appropriate to guide the development of
the West Main Central Area. ...3
• The market impacts of development in the existing Main
Central Area were acceptable provided a number of
safeguards were built into the planning documents.
3.2 On planning issues at this hearing, the Board came to the
following conclusions:
The rigorous land use and market studies by staff and the
consultants provided the basis for the amendment; they
were well presented and defended before the Board.
The population projection prepared by planning staff was
well - researched and reasonable in terms of total
population growth and the distribution of population
growth; specifically that while Courtice experienced
greater growth in the 1986 to 1991 period, Bowmanville
will be the focus of future growth.
Despite the weight of considerable experience by the
planner for Bowmanville Mall,
his position was not
accepted that a better location for commercial
development was on the east side of Bowmanville to serve
a coalescence between Bowmanville and Newcastle village.
A key principle of the Regional Plan is adaptability over Plan is
time; the structure of the West Main Central Area without
able to accomodate changes that occur over time
compromising the thrust and intent of the Plan.
The cultural heritage and economic fabric of the existing
Main Central Area must not be allowed development of
allowing the uncontrolled expansion an
the West Main Central Area. ...4
REPORT • PAGE
There is a distinct architectural character to
Bowmanville which is not easily emulated; as such the new
West Main Central Area cannot be considered as an
extension of the existing Main Central Area.
- The network of streets in the West Main Central Area Plan
provide for good transportation access and pedestrian
connectivity through and between development blocks and
is consistent with the grid pattern of streets envisaged
in the Regional Official Plan.
The proposed land uses for the Ghod's site are generally
accepted. High density residential is appropriate
development adjacent to the rail corridor. While office
development does not have an immediate market, lands
should be provided for a landmark office /hotel site at
the corner of Highway 2 and Regional Road 57. The Board
permitted retail development on the balance of the
property provided it is not at the expense of the future
landmark building at the intersection.
Lastly, on the planning issues the Board found that the West
Main Central Area "must be planned in accordance with the
proposed land use indicated in [Official Plan Amendment 56]
and the Urban Design Plan and Guidelines..." subject to
several modifications which are addressed in Section 4.5 below
3.3 On market impact issues at the hearing, the Board came to the
following conclusions:
- while market studies are not exact or finite but rather
forecasts or best guesses, the conclusions of a market
study are given much more weight than conclusions based
solely on an analyst's personal experience
...5
_ the
Board concurred with the desire of the people of
Clarington for a junior department store.
_
the Board found that the MetMart did not fill of niche
because of its size and more limited range
ality and the
_ the Board was of the view that the ered the feasibility of
market analysts should have
new format retailing (big box stores)
referred the market
evidence of the
_ the Board p arding the impact on
Municipality's market consultant reg
the downtown and Bowmanville Mall
�� table impact
the Board adopted the view that an accep "
was a decrease in existing
sales of 15 percent or less
for a period up to three years.
opinion that safeguards needed to be
_ the Board was of the op documents to achieve an
built into the planning
acceptable impact including:
ulation triggers as proposed by the Municipality
• p o p
the Markborough Department Store must be t least
• ft. and the Supermarket must b
70,000 5q•
30,000 sq.ft.
the Willsonia site should be limited osed 0,000
® e and uses prop
sq.ft in its initial stag
hearing;
000 sq. ft
• the Ghod's site should be limited heorelocation of
of which 20, 000 sq. ft. must
the present I•G•k• ,,.6
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REPORT NO.: PD -7 -95 PAGE 6
• general merchandise stores and retail warehouses
for food, clothing or drugs are prohibited from all
projects.
• the Markborough project is to be developed as an
open not enclosed mall.
3.4 The Board made two important observations on the hearing:
The Board commended the Municipality's Market
consultant, Mr. Jeff Climans, for being the most
"independent" of the market consultants, extremely
thorough in his analysis, and fair in his future
forecasting.
The Board noted that one could draw the conclusion
that Bowmanville Mall's participation at the
hearing may have used the Board proceedings simply
for the purposes of delay
4. DISPOSITION OF THE APPLICATIONS
4.1 The Durham Regional Official Plan policies were approved by
the Board. In finding that the West Main Central Area was
distinct and separate from the existing Main Central Area,
modifications are required to show two separate Main Central
Areas on the Land Use Map and an appropriate modification to
the text regarding floorspace allocations.
4.2 Amendments 255 (Markborough) and 290 (Willsonia) to the 1976
Regional Official Plan are not approved having been overtaken
by the 1991 Durham Regional Official Plan.
4.3 Amendments 40 (Markborough) and 55 (Willsonia) to the Official
Plan for the former Town of Newcastle are not approved having
been overtaken by Amendment 56.
1-) ...7
PAGE 7
REPORT NO.: PD -7 -95
4.4 Amendment 54 (Vanstone Mill Inc.) was previously approved by
the Board with a modification at the consent of both
Bowmanville Mall and the Municipality to approve the land uses
but to limit the boundary of the East Main Central Area to the
east side of the Bowmanville Creek. The question of the
boundary was to be reconsidered if the Board supported the
Municipality's position of an extension of the existing Main
Central Area. This will not be necessary.
4.5 Amendment 56 ( Bowmanville West Main Central Area is approved
with modifications to:
• recognize that the West Main Central Area is not an
extension of the existing Main Central Area;
• permit retail uses and the relocation of the existing IGA
the Ghod's site provided the corner landmark site is
reserved for office /hotel uses;
• prohibit general merchandise stores and retail warehouse
stores for food, clothing or drugs.
5. FOLLOW -UP FROM THE BOARD HEARING
5.1 Durham Regional Official Plan and Amendment #56
The solicitors for the Region and the Municipality will
prepare a draft Board Order to approve the referred policies
and designations of the Durham Regional Official Plan and
Official Plan Amendment #56 to incorporate the Board's
modifications with respect to:
two Main Central Areas for Bowmanville
restrictions on certain store types in the West Main
Central Area
provision for retail uses on the Ghod's site
...8
'3U
REPORT PD-7-95 PAGE 8
5.2 Willsonia Zoning By -law
The solicitor for the Municipality will prepare a draft Board
Order to approve the rezoning for the Willsonia site. The
zoning by -law will be amended to include the prohibition of
general merchandise stores and retail warehouse stores for
food, clothing and drugs.
5.3 Markborough Zoning By -law
The outstanding zoning issues between Markborough Properties
and the Municipality will need to be resolved between the
parties or adjudicated by the Ontario Municipal Board. This
includes the following:
- the requirement for a minimum of 15,000 sq. ft. of
floorspace to be built on the main north /south street
rather than internal to the plaza;
the restriction of professional offices (medical, dental,
financial, etc.) to second storey locations;
the restriction of the drive - through restaurant to a
location other than the main north /south street;
In additions the following directions of the Board needs to be
incorporated into the by -law:
prohibition of general merchandise stores and retail
warehouse stores for food, clothing and drugs;
- requirement that the Department Store be a minimum of
6,500 square metres (70,000 sq.ft.);
If Markborough Properties would consent to the outstanding
issues, the draft Board Order could be prepared without the
need for additional time at the Board hearing.
IRMO
51
5.4 Markborough Site Plan Application
application, there
With respect to the Markborough site plan app The Board
are three issues that were raised at the hea ring.
has indicated its leanings on two of these:
_ The Board has agreed with the Municipality and stated
that the access from Green Road 1 beneficial the south are
circulation, particularly when lands to
developed;
The Board has agreed with Markborough that preferable
treatment for screen the loading area for the Zellers
Store from Street B is " soft landscaping by means of a
fill mound and tree planting ".
The other issue remaining is the treatment of the
internal face of the plaza. The Municipality's position
was that the treatment should conform to the Urban Design
Guidelines to create a strong pedestrian zone with
trees, a wide
amenities such as decorative lamps), sidewalk, etc. The Municipality also required the
removal of the proposed parking spaces adjacent to this
area in favour of more limited parallel parking similar
to a street.
It is also noted that the Markborough site plan thstand and
while the Municipality's planning witness was on e
there are other minor issues which are not anticipated to be
a problem.
5.5 Ghod's Builders Zoning and Site Plan Applications
The site plan and rezoning applications by Ghod's Builders
require substantial revision before consideration by theO010
REPORT • PD-7-95 PAGE 10
Municipality. Subsequent to concurrence by all parties of the
Board order on the Official Plan issues, staff anticipate that
Ghod's Builders will revise their application. This panel of
the Board remains seized of the site plan referral and zoning
appeal until resolution. Ghod's Builders may be reconsidering
their interest in the property in light of the Board's
decision on the Official Plan matters.
5.6 Consent Applications
The consent application to sever the Markborough project lands
from the balance of the lands owned by West Bowmanville
developments was approved. Conditions of severance are to be
prepared and agreed between the Municipality and Markborough
prior to the Board Order. The remaining consent application
for easements in favour of Canadian Tire are subject to
further discussions between the Municipality and Markborough.
5.7 Highway 2 Reconstruction for Street B Intersection
One significant issue to be resolved prior to development of
the Markborough and Willsonia sites is the urbanization of
Highway 2 and the removal of the superelevation to accommodate
an intersection at this location. The estimated costs for the
reconstruction of the super- elevated portion only is $1.3
million, including both the Region's costs for the road and
the Municipality's costs for storm, sidewalks and landscaping.
Both the Region and the Municipality do not assess development
charges against commercial development. Therefore, the cost
of these works must be borne by the development proponents.
The only exception to this is that a portion of the costs of
the sidewalks is covered by the residential development
charge. Negotiation is underway between all interested
parties with respect to this matter.
...11
06
REPORT PD-7-95 PAGE 11
6. CONCLUSION
This Board Hearing was lengthy, sometimes surprising and
consumed considerable staff resources. The important
foundation laid through the West Main Central Area Study,
including the research and policy formulation by the
consultants, the consultation with the public and ultimately
the deliberations by Council was recognized by the Board which
ultimately concluded that the Plan was a good planning
framework for this key area of the Municipality. Despite the
considerable expertise which opposed the Plan at the hearing,
the Board supported the Municipality's position on almost all
of the matters before it. There are still a number of
outstanding issues to complete this effort but staff and the
Solicitor are working to resolve this matters to enable these
important developments to proceed.
Respectfully submitted, Reviewed by,
ss
Franklin Wu, M.C.I.P. W.H. Stockwe
Director of Planning Chief Administrative
and Development Officer
DC *FW *jip
16 January 1995
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