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HomeMy WebLinkAboutPD-219-89DN: WILLSO .,.r ­-fl 11. , ,,, 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. ...2 REPORT NO.: PD-219-89 PAGE 2 ----------------------------------------------------------------------- 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. ...3 /7 n D J7 REPORT NO.: PD-219-89 PAGE 3 ------------------------------------------------------------------------------- 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 ...4 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. ...5 lzwusltym�� • �• 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. 5 t I ...7 REPORT NO.® PD-219-89 PAGE 7 --------------------------------------------------------------------------------- (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. VW-1 512 REPORT NO.: PD-219-89 PACE 8 ------------------------------------------------------------- ------------------ 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 ...9 513 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 14 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 .1� 0 a 0 z F- s a s O 100 200 300 m 100 I 0 (D 10 H'G'IW,4V, MO, 2 0 R 516 ATTACHMENT NO. 2