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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 J KO 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 ") 3 `i