HomeMy WebLinkAboutPD-281-89TOWN OF NEWCASTLE
SING: General Purpose and Administration Committee
DATE: November 6, 1989
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281-7 FILE iL-
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SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION - FILE: OPA 89 -47/N
REZONING /SITE PLAN APPLICATION - FILE: DEV 89 -57
PLAN OF CONDOMINIUM - FILE: 18CDM -89 -015
APPLICANT: J. SCHWARTZ
TEMPERANCE AND WELLINGTON STREETS, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 281 -89 be received;
2. THAT the Town of Newcastle recommend to the Region of Durham
that the application to amend the Town of Newcastle Official
Plan (Bowmanville Major Urban Area) submitted by J. Schwartz
on behalf of Specialty Paper Products Limited to permit the
development of a twenty -one (21) unit residential building
with 2323 square metres (25,000 sq.ft.) of commercial floor
space be APPROVED;
3. THAT the proposed Zoning By -law Amendment to the Town of
Newcastle Comprehensive Zoning By -law 84 -63, as amended, be
APPROVED;
4. THAT the amending by -law be passed at such time that the
Official Plan Amendment has been approved by the Region of
Durham and the applicant has entered into a Site Plan
Agreement with the Town;
5. THAT a copy of this Report and Council's decision be forwarded
to the Region of Durham Planning Department; and
6. THAT the interested parties listed in this report and any
delegations be advised of Council's decision.
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1. APPLICATION DETAILS:
1.1 Applicant: J. Schwartz on behalf of Specialty Paper
Products Limited
1.2 O.P.A.: from "Community Facility" to "Commercial"
1.3 Rezoning: from "Urban Residential Type One Exception
(R1 -12)" to an appropriate category to permit
a twenty -one (21) unit residential building of
condominium tenure with 2323 sq.m. (25,000
sq.ft.) of commercial floor space.
1.4 Area: 0.53 ha (1.30 acres)
2. BACKGROUND:
2.1 In May, 1989, the Town of Newcastle Planning and Development
Department received an application to amend the Town of
Newcastle Comprehensive Zoning By -law 84 -63, as well as for
Site Plan approval. The commercial component would comprise
the first two floors, and the residential units on the third
and fourth floors. The applicant has also submitted an
Official plan Amendment application, the purpose of which is
to allow the development of the four (4) storey mixed use
commercial- residential building. Should the principle of the
residential /commerical use be approved, the applicant will be
required to enter into a Site Plan Agreement.
2.2 The applicant has additionally submitted an application for
condominium approval. Staff would note that a subsequent
report on the condominium application would be prepared at
such time as the initial applications have been duly
processed.
3. LOCATION:
3.1 The subject site is an irregular shaped parcel, approximately
0.53 ha (1.30 acres) in size, located on the southeast corner
of Temperance Street and Wellington Street.
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4. EXISTING AND SURROUNDING LAND USES:
4.1 Existing Use: Industrial - Specialty Paper Products Ltd.
4.2 Surrounding Land Uses Include:
North: residential on north side of Wellington Street
South: residential, church, firehall and parking lot
East: residential - multiple unit, rental
West: residential and library on west side of
Temperance Street
5. OFFICIAL PLAN POLICIES:
5.1 Within the Durham Regional Official Plan the subject area is
designated "Main Central Area ". These areas shall provide a
full integrated array of shopping, personal and business
services, office, institutional, community, recreational and
residential uses. Residential uses are permitted in the Main
Central Area in conjunction with commercial development up to
the allowable floor space index of 2.50. The proposal has an
index of approximately .350 therefore, appears to be in
compliance. Notwithstanding the above, the maximum floor
space index is not binding on Council, which must also be
satisfied that the proposed density is in harmony with the
existing and future development in the Bowmanville Central
Area.
5.2 The lands are located within the designated "Main Central
Area" in the town of Newcastle Official Plan and are further
designated in Schedule 8.2 as "Community Facilities ". The
predominant use of lands for those areas designated "Community
Facilities" shall be social, educational, governmental and
recreation activities, hence, the requirement of an Official
Plan Amendment.
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6. COMMENTS AND CIRCULATED AGENCIES:
6.1 The initial application, the Official Plan Amendment, was
circulated by Staff at the Region to various agencies and
departments for comments.
6.2 Town Staff undertook a joint circulation of the Official Plan
Amendment and Rezoning /Site Plan applications. The
condominium application; being received at a later date was
circulated as an addendum to the preceeding applications.
6.3 The Peterborough- Victoria - Northumberland and Newcastle Roman
Catholic Separate School Board, Ministry of Natural Resources,
and Newcastle Electric Hydro Commission noted no objections
to the proposal. Newcastle Fire Department offered no
objections, noting that the proposed development must conform
to the applicable sections of the Ontario Building Code and
Ontario Fire Code for mixed Group C and Group E occupancy.
Demolition of the existing building will be required to comply
with Subsection 1.1.3 of the Ontario Building Code. It is
noted that a demolition permit of the existing building has
been issued to the applicant.
6.4 Newcastle Community Services Department offered no objection
to the proposal, however, noted that approximately seventy -
seven (77) persons generated from such a proposal would be
located within the central core which has an inadequate
provision of parkland for the existing population. Pursuant
to Town standards /policies, Community Services Staff would
request that the land dedication requirements for both the
residential and commercial development as contained in the
Planning Act and Town's Official Plan be accepted as cash -in-
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lieu and the funds realized be credited to the Parks Reserve
Account.
6.5 The Central Lake Ontario Conservation Authority had no
objections to the proposed use. It was confirmed that a more
thorough review would take place at the site plan process.
Nevertheless, the site is subject to Ontario Regulation
161/80; and consequently permits must be obtained prior to any
filling or grading on the lands.
6.6 The Bowmanville Central Business Improvement Area endorsed a
resolution at the May 9, 1989 meeting which stated that they
wished to go on record as having no objection to the proposal
to amend the Official Plan to permit the proposed development.
The B.I.A. reconfirmed that they have always taken the
position of supporting the Official Plan which provides for
the location of some 500,000 sq. ft. of commercial and personal
service space in the Bowmanville Central District.
6.7 The town of Newcastle Public Works Department Staff offered
no objections to the principle of development but requested
that the applicant prepare a conceptual site servicing report
to the satisfaction of the Director of Public Works. This
requirement has been met and the applicant is required to
ensure that any and all works are completed in accordance with
the Town of Newcastle's Design Criteria and Standard Drawings.
6.8 Additional Town Public Works Department requirements included
the following items:
any easements required are to be granted free and clear
of all encumbrances.
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the applicant /owner will bear the costs of any works on
Wellington and Temperance Street which are necessitated
as a result of the development (i.e.: intersection
improvements, turning lanes, utility relocation, sodding,
entrance construction, sidewalk construction)
the applicant /owner contributes to the cost of
reconstructing Wellington and Temperance Street in
accordance with Town Policy.
Staff would note that the majority of the above items will be
addressed at the site plan agreement stage, should the
principle of development and the Official Plan Amendment be
approved.
6.9 The Regional Works Department has no objections to the
proposal. They have requested that any approval be made
subject to the applicant and the Region entering into an
Agreement to ensure that their requirements are satisfied.
The exact servicing requirements would be examined during the
process of site servicing approval.
6.10 Regional Planning Staff has requested that an amending by -law
not be passed until the related Official Plan has been dealt
with by both Town and Regional Councils.
7. PUBLIC MEETING AND RESPONSE:
7.1 Pursuant to the requirements of the Planning Act, a Public
Meeting was scheduled and held on July 17, 1989.
7.2 A total of eight (8) individuals voice their concerns and
opposition to the proposal. A petition with approximately
two hundred (200) names was circulated by one of the speakers.
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7.3 In summary, the concerns as expressed included the following:
- development would adversely impact traffic
- a more desirable alternative being a park for senior
citizens
- premature and should receive input from residents
- prefer residential rather than commercial
- development not compatible with surrounding homes
- concerns of garbage, traffic and noise
- loss of a historical building
- should be rehabilitated and incorporated into new project
- parking facilities inadequate
- oppose commercial aspect as Wellington Street is
residential
- convince stores and fast food outlets will create an
intrusion on surrounding residences causing parking and
traffic hazard
7.4 Subsequent to the Public Meeting, a request was made of
Committee that a further meeting be held between the developer
and the residents. As a result, an "Open House - Residents
Meeting" was held on September 20, 1989. This session was to
provide the residents a further opportunity to review the
proposal with the developer and Town Staff. A total of two
hundred and ten (210) notices were mailed advertising the
second meeting date. Approximately thirty (30) residents
attended. The predominant concerns put forth substantiated
those expressed to Committee (i.e. questionable need for
commercial development, traffic, noise, garbage and parking).
7.5 In addition to the two ( 2 ) scheduled meetings, a number of
written submissions in opposition to the proposal were also
received by the Department.
7.6 The Town of Newcastle L.A.C.A.C. indicated that while they had
no objection to the proposed zoning change, they did strongly
object to the approval of any plan which would ultimately lead
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to the demolition of the building. The Committee further
urged Council to ask the developer to present a plan which
would involve the restoration of this building.
7.7 Mr. Irwin Hamilton, Solicitor, on behalf of Mr. M. Preston,
the owner of the property immediately to the south indicated
that although he is in general support of the application and
design of the building, he has concerns as to the amount of
commercial space. It was suggested that the entire second
floor of the project be made residential and the portion of
the ground floor fronting on to Wellington Street be made
residential. Furthermore, the design of the building be such
that the entrance to the commercial area be obtained only
through the parking area and not from Temperance Street.
7.8 The Town of Newcastle Library Board opposes the application
inasmuch as it has the effect of decreasing the amount of
lands designated "Community Facility ". The Board further
notes that until a new central Library facility site is
identified by the Board and Town Council, their opposition
must remain. In addition, concern was expressed as to the
lack of parking and compatibility of certain commercial uses.
7.9 A letter of opposition was submitted by Mr. Robert Kent and
Mr. Karl Kent listing concerns of garbage, policing, noise and
compatibility of commercial and residential uses.
8. STAFF COMMENTS:
8.1 As noted earlier in the report, the application for Official
Plan Amendment involves the request for a redesignation to
permit a combined residential /commercial building. In both
Official Plans, the subject site is within the "Main Central
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Area" designation. Both Plans note that there should be a
full integrated array of commercial, institutional, community
and residential uses within the Main Central Area.
Residential uses are permitted in the Main Central Area in
conjunction with commercial development up to an allowable
floor space index of 2.50. The proposal is well below this
figure.
8.2 In consideration of the general scope of the comments
submitted, Staff requested that a traffic and parking study
be submitted by the applicant as supporting documentation.
Staff have reviewed the study and have generally no objections
to the report and conclusions drawn from same. It is Staff's
opinion that the traffic congestion concerns and parking needs
have been adequately addressed in the Study.
8.3 A conclusion within the report noted that in consideration of
the number of community facilities (Library, Town Hall,
Community Services, Post Office and Court House) within a two
(2) block walking distance, it is expected that the
development would generate a large percentage of walk -in
traffic in which people have cars parked in other locations.
As well, the commercial facilities would be used by the
condominium owners who will not require additional parking
spaces. Under these conditions, the number of parking spaces
provided should be adequate for most periods. For peak
periods, alternative parking is available either in Town
parking lots or designated on street parking areas. Staff
would note that the site plan has been designed to permit
pedestrian access via a walkway/ stairway abutting the town
parking facilities to the southeast.
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REPORT •. PD-
11
8.4 Staff would note for the committee's information, that the
applicant originally contemplated the possibility of
preserving and rehabilitating the structure. An Engineering
Report /Statement severly doubted any realistic possibilities
of same in consideration of the age and present condition of
the building. It is noted that the structure has suffered the
effects of past fire damage. The engineer's response was that
the structure could not sustain the alterations necessary for
the redevelopment of the site.
8.5 At the initial public meeting, the applicant advised Committee
that this prestige development would not be condusive to
convenience stores or fast food outlets. Staff would note
that, the Town's Comprehensive Zoning By -law was amended (By-
law 87 -170) to prohibit the establishment of convenience
commercial establishments in the "General Commercial (C1)"
zone being within the Main Central Area. Convenient store,
therefore, will not be permitted in this proposed development.
8.6 It is Staff's opinion that the approval of a "prestige
development" as noted by the applicant, through site plan
approval, would adequately address the concerns /comments as
submitted to the Town. The various Town Department
requirements would be included in the site plan drawing, as
well as in the development agreement.
9. CONCLUSIONS:
9.1 In consideration of the comments contained within said report,
Staff would have no objections to the approval of the
recommendations contained within this Report.
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Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
LDT *FW *jip
October 26, 1989
Recommended for presentation
to the Committee
Lawrence Kotseff, M.C.I.P.
Chief Administrative Officer
1,
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S
DECISION:
Mr. Jayson Schwartz
2040 Yonge Street
3rd Floor
TORONTO, Ontario
M4S 1Z9
Ms. Barbar Baker
Newcastle Public Library Board
62 Temperance Street
BOWMANVILLE, Ontario
L1C 3A8
Mr. Harry Cooke
74 Division Street
BOWMANVILLE, Ontario
L1C 2Z7
Mrs. Phyllis Dewell
L.A.C.A.C. Chairperson
Box 255
BOWMANVILLE, Ontario
L1C 3L1
Hamilton and Associates
Barristers & Solicitors
P.O. Box 39
1 Division Street
BOWMANVILLE, Ontario
L1C 3K8
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REPORT NO.: PD- 281 -89 PAGE 12
Mr. L.E. Goertzen
94 Wellington Street
BOWMANVILLE, Ontario
L1C 1V7
Mr. & Mrs. Wilson
6 High Park Blvd.
TORONTO, Ontario
M6R 1M4
Mr. H. Nind
46 Division Street
BOWMANVILLE, Ontario
L1C 2Z6
Mr. Lloyd Grovun
86 Wellington Street
BOWMANVILLE, Ontario
L1C 2Z6
Ms. Evelyn Stroud
89 Little Avenue
BOWMANVILLE, Ontario
L1C 1J9
Jane Ekells
38 Concession Street West
BOWMANVILLE, Ontario
L1C 1Y5
Jacques L'Abbe'
c/o NRS L'Abbe - Sachs Realty Inc.
Madison Centre
4950 Yonge Street
Suite 310
NORTH YORK, Ontario
M2N 6K1
Mr. Doug Dewell
72 Temperance Street
BOWMANVILLE, Ontario
L1C 3A9
Carmen Irwin
48 Division Street
BOWMANVILLE, Ontario
L1C 2Z6
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REPORT NO.: PD ®281 ®89 PAGE 13
R. Walters
45 Division Street
BOWMANVILLE, Ontario
L1C 3Z5
Karl Kent
28 Lowe Avenue
BOWMANVILLE, Ontario
L1C 1X5
Robert Kent
30 Lowe Avenue
BOWMANVILLE, Ontario
L1C 1X5
X85
PROPOSED AMENDMENT
OFFICIAL PLAN
BOWMANVILLE MAJOR URBAN AREA
PURPOSE: The Purpose of this Amendment is to permit the
development of a twenty -one (21) unit residential
building with 2323 square metres of commercial floor
space on the southeast corner of Wellington and
Temperance Street, in Part of Lot 12, Concession 1,
Bowmanville.
BASIS: The amendment is to facilitate the development of a mixed
residential and commercial building within the Main
Central Area of Bowmanville as a result of a development
application.
ACTUAL AMENDMENT: The Town of Newcastle Official Plan
( Bowmanville Major Urban Area) is hereby amended as
follows:
1. Schedule 7 -2 is amended by changing the "Community
Facility" designation to "Commercial" designation
of the property as identified in Schedule "B"
attached hereto.
IMPLEMENTATION: The provisions set forth in the Town of
Newcastle Official Plan ( Bowmanville Major Urban Area)
with respect to implementation, shall apply to this
Amendment.
INTERPRETATION: The provisions set forth in the Town of
Newcastle Official Plan ( Bowmanville Major Urban Area),
as amended, regarding the implementation of the Plan
shall apply in regard to this Amendment.
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