HomeMy WebLinkAboutPD-219-89DN: WILLSO
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TOWN OF NEWCASTLE
REPORT File # 6c) . 4o
Res. #
By -Law #
METING: General Purpose and Administration Committee
DATE:
Monday,
September
18, 1989
REPORT #:
PD- 219 -89
FILE #: OPA 88743 /D /N & DEV 88 -54
SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: 88- 43 /D /N
REZONING APPLICATION - FILE: DEV 88 -54
APPLICANT: WILLSONIA INDUSTRIES LTD.
PT.LT. 16, CONC. 1, FORMER TWP. OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 219 -89 be received;
2. THAT Official Plan Amendment application 88- 43 /D /N (revised) and Rezoning
Application DEV 88 -54 (revised) submitted by Willsonia Industries Ltd. be
referred back to Staff for further review and the preparation of a subsequent
report upon the receipt of all outstanding comments;
3. THAT Willsonia Industries Limited be required to submit a Retail Market Analysis
to justify the need for the proposed development of 11,800 sq.m. of Special
Purpose Commercial on the subject lands and to examine its impact on existing
and designated commercial areas in Bowmanville;
4. THAT the Region of Durham and Willsonia Industries Ltd. be so advised and
forwarded a copy of Report PD- 219 -89 ; and
5. THAT the delegations and persons listed to be notified be informed of Council's
decision.
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REPORT NO.: PD-219-89 PAGE 2
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1.1 Willsonia Industries Inc. has assumed official Plan Amendment
Application 88-43/D/N and Rezoning Application DEV 88-54 previously
submitted by Darlington Properties Inc. for a 4.05 ha parcel located in
Part Lot 16, Concession 1, former Township of Darlington (see Attachment
No. 1). The current applications seek to include the subject lands
within the Bowmanville Major Urban Area in order to develop 11,800 sq.m.
of Special Purpose Commercial floor space. This would include 8455
sq.m. of commercial space, 1022 sq.m. of restaurant space, and 2323
sq.m. of office space. The site plan for the proposed development is
indicated on Attachment No. 2.
1.2 The original applications for the subject lands previously submitted by
Darlington Properties Inc. proposed to designate a "Community Central
Area" to allow for the development of 7,480 sq.m. of commercial floor
space on the site. The Public Meeting pursuant to Section 34 of the
Planning Act was held on September 6, 1988. Council resolved to refer
the applications back to Staff for a subsequent report pending Staff's
receipt of a Retail Market Analysis and all comments from outstanding
agencies.
1.3 The subject site is currently vacant. Lands to the east are occupied by
the Bowmanville Recreation Complex, while scattered rural residential
development lies to the west. The lands to the north are vacant. The
lands to the south are occupied by an orchard and rural residential
development.
2. OFFICIAL PLAN AND ZONING BY-LAW:
2.1 The subject lands are currently designated as "Major open Space" by the
Durham Regional official Plan. The predominant use of lands so
designated shall be for agricultural and farm-related uses.
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REPORT NO.: PD-219-89 PAGE 3
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Special purpose Commercial uses as proposed by the applicant are
intended by the Durham Regional official Plan to serve specialized needs
of area residents on an occasional basis with services and facilities
which consume larger parcels of land and require exposure to traffic.
2.2 The subject lands are zoned "Agricultural (A)" by the Town of Newcastle
Comprehensive Zoning By-law 84-63.
3. PUBLIC NOTICE AND SUBMISSIONS:
3.1 In accordance with Council's procedures and the requirements of the
Planning Act, the appropriate signage acknowledging the application was
installed on the subject lands. In addition, the appropriate notice was
mailed to each land owner within 120 metres of the site and parties
expressing an interest in the application.
3.2 Mr. George Webster, on behalf of the Bowmanville Business Centre,
submitted a letter indicating that the organization has no objection to
the proposal to redesignate the subject lands for Special Purpose
Commercial purposes, provided that the uses are restricted to those
permitted within this designation in the Official Plan. However the
Bowmanville Business Centre further indicated it would object to the
inclusion of general retail commercial floor space in the proposed
development inasmuch as it may compete with businesses located in the
downtown.
4. AGENCY COMMENTS:
4.1 In response to circulation of the applications, the following agencies
indicated no objection:
- Town of Newcastle Public Works Department
- Ministry of Natural Resources
- Newcastle Hydro Electric Commission
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REPORT NO.: PD-219-89
4 ®2 The Town of Newcastle Fire Department indicated that the site falls
within the recognized response area of Station #1, Bowmanville, but that
the increased volume of traffic which would be generated by this
development and other proposed commercial developments in the area, will
have an effect on response time to this area®
4.3 The Town of Newcastle Community Services Department indicated no
objection to the proposed development, but noted that the two vehicular
connections proposed to connect with the Bowmanville Recreation Complex
may limit the future development opportunities for the park. The
Department is willing to consider one connection but is reserving
comment on the acceptability of any internal accesses to Town lands
pending the submission of more detailed information on site components.
4.4 The Central Lake Ontario Conservation Authority noted that the site is
crossed by a tributary of Westside Creek which would be eliminated by
the proposed development. No details are provided regarding the
conveyance of flows through the subject site from upstream areas. The
Authority indicated no objection to the development provided that the
applicant can demonstrate that the watercourse can be rerouted to remove
the flood hazard from the site while conforming to the recommendations
of the Westside Creek Master Drainage Plan currently being prepared®
4.5 The Ministry of Transportation indicated that it would not approve the
most westerly of the two (2) proposed accesses onto Highway No. 2 given
its location on the curve and in the 80 km/hr. speed zone. Highway
improvements such as a left turn lane may be required. Minor adjustments
to the building location are required to conform with the Ministry's
setback requirements.
4.6 The Ministry of Agriculture and Food noted that the subject site
contains Class 1-4 agricultural lands and therefore the application must
be assessed pursuant to Section 3.14 of the Foodland Guidelines.
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4.7 Comments remain outstanding from the following agencies:
- The Region of Durham Works Department
- Ontario Hydro
- Ministry of the Environment
5. OTHER COMMERCIAL APPLICATIONS:
FOMM
5.1 For the information of the Committee, Staff are also processing a number
of other commercial proposals fronting on Highway No. 2 as indicated by
Attachment No. 1. These applications are as follows:
- Markborough Properties and West Bowmanville Developments are proposing
to develop approximately 4230 sq.m. of retail commercial floorspace
and approximately 900 sq.m. of motor vehicle repair garage and fuel
bar uses on a 2.5 ha site (File: DEV 89-93);
- Markborough Properties and West Bowmanville Developments have also
applied to designate a 23 ha parcel as a Sub-Central Area with a
21,400 sq.m. shopping centre on a 10 ha portion of the lands (Files:
OPA 88-87/D/N; DEV 88-99);
- Delbert Development Corporation is proposing to include a 2.5 ha
parcel within the proposed Sub-Central Area in order to develop 8500
sq.m. of retail commercial and personal services floorspace;
- Carnovale Construction Ltd. is proposing to designate a "Local
Central Area" with 2230 sq.m. of retail commercial and office space.
6. JUSTIFICATION REPORT PURSUANT TO THE FOODLAND, GUIDELINES:
6.1 As required by the Ministry of Agriculture and Food, the applicant has
submitted a justification report for the proposed development. The
M
510
Report states that the Bowmanville Recreation Complex, the Durham
Regional Police Station and the Bowmanville Pentecostal Church have
created a strong focal point and development node at the intersection
of Highway No. 2 and Regional Road No. 57. The report suggest that the
amount of existing Special Purpose Commercial development in Bowmanville
is limited. The report also suggests that a Highway No. 2 location for
such development is preferable to the designated sites on Baseline Road
due to the strong commercial draw of the downtown. It is also suggested
that there are no lesser quality agricultural lands in the vicinity of
Bowmanville with sufficient highway exposure to support Special Purpose
Commercial uses and that the proposed development forms a logical
extension to the Bowmanville Urban Area.
As of the writing of this report, the Ministry of Agriculture and food
has not submitted their comments on the Justification Report.
7. STAFF COMMENTS:
7.1 The merits of including the subject lands within the Bowmanville Urban
Area and redesignating same as "Special Purpose Commercial" must be
established through the official Plan Amendment process prior to a
decision being reached on the rezoning application. A number of issues,
as discussed below, need to be addressed in the review of the proposed
amendments to the Regional and the Town official Plans.
(i) The desirability of establishing a major community focus at the
intersection of Regional Road No. 57 and Highway No. 2 and
"rounding out" the western end of Bowmanville has yet to be
determined. Such factors as existing urban form, accessibility
including public transit, the impact on the existing community
focus in downtown Bowmanville, and other possible areas for
developing a major focal point in Bowmanville would need to be
evaluated.
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REPORT NO.® PD-219-89 PAGE 7
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(ii) The proposed development must be evaluated in the context of other
commercial applications in the area. As indicated by Attachment
No. 1, there are other major commercial proposals in the vicinity
of the subject lands on the south side of Highway No. 2.
(iii) The ease of providing municipal services to the subject lands has
also not been established. Sanitary sewer and water service are to
be made available along Highway No. 2 to the lands within the urban
area south of Highway No. 2. However, the Regional Works
Department has yet to provide comments on the current development
proposal.
(iv) The merits of developing good quality agricultural land and the
impact on adjacent agricultural lands must also be evaluated.
(v) The need for the development of 11,800 sq.m. of Special Purpose
Commercial floor space and the potential impact on existing and
designated commercial areas in Bowmanville must be established.
7.2 Neither the Durham Regional Official Plan nor the Town of Newcastle
Official Plan require proposals for Special Purpose Commercial
development to be supported by a Retail Market Analysis to determine the
need for the proposed development and the possible impact on existing
and designated commercial areas. However, such an analysis to justify
the subject development proposal and to examine its potential impact on
other commercial areas in Bowmanville is warranted.
Staff are concerned with the amount of commercial floor space proposed
given that a significant proportion of the Special Purpose Commercial
lands designated on Baseline Road remain undeveloped. As well, given
the configuration of the proposed development, it is doubtful that it
would be able to attract only Special Purpose Commercial uses. In this
regard, a Retail Market Analysis would be able to provide a detailed
list of the types of tenants which could be supported.
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REPORT NO.: PD-219-89 PACE 8
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Staff also note that the amount of office space proposed in the
development may draw office users away from the downtown Bowmanville
Business District. As well, the distinction between Special Purpose
Commercial and General Commercial uses has become somewhat blurred since
the Durham Regional Official Plan was formulated. The potential
therefore exists for the occupants of the proposed development to
compete directly with businesses in downtown Bowmanville. The possible
impact on the Bowmanville Business Centre needs to be documented in a
Retail Market Analysis.
7.3 A Retail Market Analysis was submitted by Darlington Properties in
respect of the previous proposal to develop 7,480 sq.m. of general
commercial floor space on the subject lands. However, the conclusions
of the Analysis are not directly applicable to the current proposal due
to size differences and the different type of commercial uses proposed.
8. CONCLUSIONS AND RECOMMENDATIONS:
8.1 A number of issues, including urban form, ease of servicing, other
commercial applications, and impact on agricultural land must be examined
prior to formulating a position on the inclusion of the subject lands
within the Bowmanville Urban Area and developing the same for Special
Purpose Commercial uses. As well, a retail market analysis to justify
the need for the development and to examine its impact on other
commercial areas is warranted.
8.2 It is therefore recommended that the official Plan amendment and
Rezoning applications submitted by Willsonia Industries Ltd. be referred
back to Staff for further review and the preparation of a subsequent
report upon the receipt of all outstanding comments.
It is further recommended that Willsonia Industries Ltd. be required to
submit a Retail Market Analysis to justify the need for the proposed
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513
REPORT NO.: PD-219-89
development of 11,800 sq.m. of special purpose commercial floorspace on
the subject lands and to examine its impact on existing and designated
commercial areas in Bowmanville.
Respectfully submitted,
__ -6AJ
Franklin Wu, M.C.I.P.
Director of Planning & Development
JAS*FW*jiP
*Attach.
September 7, 1989
PERSONS TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION:
Mr. Glen Willson
willsonia Industries Ltd.
P.O. Box 488
140 Bond Street West
OSHAWA, Ontario
LlH 7L8
Mr. Ronald F. Worboy
Worboy, McLean
Barristers & Solicitors
P.O. Box 21
153 Simcoe Street North
OSHAWA, Ontario
LIH 7K8
Mr. Ronald strike
Strike, Salmers & Furlong
Barristers & solicitors
P.O. Box 7
38 King Street West
BOWMANVILLE, Ontario
LIC 3K8
Mr. T.E. cieciura
Design Plan Services Inc.
385 The West mall
Suite 303
ETOBICOKE, Ontario M9C 1E7
Mr. Roger Elliott
Campbell, Godfrey and Lewtas
Barristers & Solicitors
Toronto-Dominion Centre
Suite 3600, P.O. Box 36
TORONTO, Ontario M5K 105
Mr. John Legge
Legge & Legge
Barristers & solicitors
60 St. Clair Avenue East
Suite 903
TORONTO, Ontario
M4T 1N5
Mr. George Webster, Chairman
Bowmanville Business Centre
P.O. Box 365
BOWMANVILLE, Ontario
LlC 3L1
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ATTACHMENT •
DURHAM REGION
POLICE STATION
--
BOWMANVILLE
RECREATIONAL
COMPLEX
Hl(,'PV/AV hl- O
COMMERCIAL APPLICATIONS
® SUBJECT PROPERTY
MARKBOROUGH PROPERTIES & WEST BOWMANVILLE DEVELOPMENTS
FILE-. Dev.89 -93
MARKBOROUGH PROPERTIES & WEST BOWMANVILLE DEVELOPMENTS
FILES-. O.P.A.88- 87 /D /N & Dev.88 -99
DELBERT DEVELOPMENT CORPORATION
FILES- O.P.A.89- 67 /D /N & Dev. 89 -102
CARNOVALE CONSTRUCTION
FILES* O.P.A. 89 -60 /N 8& Dev. 89 -68
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516 ATTACHMENT NO. 2