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PD-81-91
i i THE CORPORATION OF THE TOWN OF NEWCASTLE DN:BRIDGEMA.GPA REPORT 1 Meeting: General Purpose and Administration Committee File# Date: Monday, April 8, 1991 Res. # By-Law# Report#: PD-81-91 File#: OPA 89-140/D/N 1 Subject: OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: ALINA BRIDGEMAN ON BEHALF OF ESQUIRE DEVELOPMENTS PART LOT 7, B.F.C. , FORMER TWP. OF DARLINGTON FILE: 89-140/D/N Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-81-91 be received; 2 . THAT the Official Plan Amendment Application submitted by Alina Bridgeman on behalf of Esquire Developments to amend the Durham Regional Official Plan and the Town of Newcastle Official Plan to delete the symbol for a proposed Highway 401 interchange at Y Lamb's Road be recommended for DENIAL to the Region of Durham; 3. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department, the Ministry of Municipal Affairs, the Ontario Municipal Board and the-Ministry of Transportation; and 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Alina Bridgeman, of The Buchman Group 1.2 Owner: Esquire Developments Limited 1. 3 Official Plan Amendment: To delete the symbol for a proposed future interchange at Lamb's Road and Highway 401 from the schedules to the Durham Regional Official Plan and the Town of Newcastle Official Plan 599 37 . . .2 YCLED® 11. PAPER flECYGt E l 6PR .-REEYEIED PAPER REPORT NO. : PD-81-91 PAGE 2 2 . BACKGROUND 2. 1 Subdivision Application 18T-87055, as submitted by Ms. Alina Bridgeman on behalf of Esquire Developments, proposes to develop a 12 lot industrial subdivision on an 18. 19 ha (45 acre) parcel at Lamb's Road and Highway 401. The proposed interchange would require approximately 3 ha (7 .5 acres) of this parcel. The applicant has indicated, in submitting the subject Official Plan Amendment Application, that their client is not prepared to set aside land within the proposed subdivision for the purpose of accommodating the future proposed interchange at Lamb's I Road/Highway 401. 2 .2 The law firm of Goodman and Carr, acting on behalf of Esquire Developments , has requested the Ministry of Municipal Affairs and the Region of Durham to refer the Official Plan Amendment l Application and the Subdivision Application respectively, to the Ontario Municipal Board. Goodman and Carr have also requested the j Ontario Municipal Board to hold a hearing in respect of the Town's refusal to deal with Rezoning Application DEV 89-90 . This application seeks the removal of the "Holding (H) " symbol from the lands subject of the subdivision application. 2 . 3 The Ontario Municipal Board has tentatively schedule a 'Discovery Hearing' for May 6, 1991 in respect of the referral requests for the subject Official Plan Amendment, Subdivision and rezoning applications . 2 .4 Newcastle Council has considered the issue of the proposed interchange at Lamb's Road and the supporting transportation network on a number of occasions. On June 4, 1991, Committee considered Report PD-191-90 in respect of the subject Official Plan Amendment Application. The Report noted that the ultimate . . . 3 I; Q9 18 f REPORT NO. : PD-81-91 PAGE 3 location should be reviewed in the context of the Review of the Durham Regional Official Plan and the land uses to be proposed for the waterfront lands. Committee referred the subject Official Plan Amendment application back to Staff for further consideration in the Town's comments on the Durham Regional i Official Plan Review. 1 2 .5 On November 12, 1990, Council considered Staff Report PD-311-90, J which presented the Response of the Town of Newcastle to the Draft Changes to the Durham Regional Official Plan. Council resolved to request the Region to investigate the necessity of the Lamb's Road interchange, and that the interchanges at Liberty Street and Bennett Road be retained. 1 2 . 6 On March 18, 1991, Committee considered Report PD-59-91, which.. : presented the Town's response to the Recommended Changes to the Durham Regional Official Plan. The Report noted that the discussion of the interchange at Lamb's Road would be deferred for consideration in a separate report at a future meeting of Committee. 3. SURROUNDING USES North: North Bowmanville Industrial Park South: South Bowmanville Industrial Park; Official Plan Amendment Applications 90-22/D/N (Newcastle-on-the-Lake) and 89-129/D/N (Kingstown Investments) south of the CNR line East: Industrially Designated Lands West: Industrially Designated Lands 4 . OFFICIAL PLAN POLICIES 4 . 1 Durham Regional Official Plan 4 . 1. 1 Schedule 1A5' (Regional Structure) and Schedule 'B' . . .4 599 39 REPORT NO. : PD-81-91 PAGE 4 1 (Transportation Network) of the existing Regional Official Plan indicate the interchange at Lamb's Road/Highway 401 as an interchange which Regional Council wishes to see constructed in the future. Lamb's Road is designated as a 'Type B Arterial' north to Concession Street. The Plan also indicates that Regional Council wishes to see the interchange at Bennett Road retained, with Bennett Road designated as a 'Type B Arterial' to Highway 2 . The Plan also notes however, that these designations do not mean that the Ministry of Transportation shall necessarily undertake the retention or construction of such interchanges . 4 . 1.2 Regional Planning Commissioner's Report 91-P-1, which presented the Recommended Changes to the Durham Regional Official Plan, indicates Lamb's Road/Highway 401 as a 'Long Term Interchange Location' , with Lamb's Road as a 'Type A Arterial Road' north to Regional Road 20 with an interchange { at Highway 407 . No interchange is indicated at Bennett l Road. (See Attachment No. l) . 4 .2 Town of Newcastle Official Plan Schedule 13 ' (Transportation Network - Bowmanville) of the Town of Newcastle Official Plan indicates a 'Future Interchange' at Lamb's Road/Highway 401. The designation for Lamb's Road north of Highway 401 is the same as given in the existing Regional Official Plan. The Plan designates Lamb's Road as a 'Collector' south of Highway 401. 5. PUBLIC SUBMISSIONS 5 . 1 The Public Meeting in respect of the subject Official Plan Amendment application was held on June 4, 1990. No one appeared as a delegation in support of or in opposition to the proposed deletion of the Lamb's Road interchange. As well, no written . . .5 f l REPORT NO. : PD-81-91 PAGE 5 submissions from the public have been received by the Town. 5 .2 The applicant has indicated, in written submissions to the Region and the Ministry of Municipal Affairs, that the lands required for the interchange represent 17% of the Owners ' total holdings . As well, reserving the lands would require a relotting of the plan of subdivision that would result in a loss of frontage, loss 1 of access and loss of useable acreage. No compensation has been offered by Regional Council. I 5 . 3 The applicant also indicated that the proposed interchange at Lamb's Road is not reasonably related to the Owner's development as proposed. As such, it is inequitable for the owners of a relatively small piece of land to have imposed as a condition of draft approval, the burden of providing land, at its own cost, . for a future Highway 401 interchange that will benefit travellers in and about the greater Region of Durham area. 6 . AGENCY COMMENTS 6 . 1 The subject Official Plan Amendment application was circulated by the Regional and the Town Planning Departments to various agencies for comment. The following agencies indicated no objection: Town of Newcastle Fire Department Region of Durham Works Department 6 . 2 The Town of Newcastle Public Works Department recommended that the application be denied, noting that the Bowmanville Waterfront Study indicates that it would be highly desirable to have an interchange at Lamb's Road and Highway 401. 6 . 3 The Ministry of Transportation notes that the location of an interchange at Lamb's Road is based on the Region's needs to serve the future development of this area and to provide a link . . .6 "� 4 O REPORT NO. : PD-81-91 PAGE 6 to the Regional Road network. The Ministry has indicated support for the planning principle that Lamb's Road represents the ultimate preferred interchange in relation to the existing Bennett Road interchange. The Ministry however, does not have any plans to provide additional interchanges in this area inasmuch as the provincial highway system is adequately served by the Bennett Road and the Liberty Street interchanges . The Region would be responsible for protecting the property which will ultimately be required for an interchange at Lamb's Road/Highway 401. The Ministry will also require the removal of the Bennett Road interchange upon implementation of the ultimate scheme. Proponency of the Lamb's Road interchange and the associated future closure of the Bennett Road interchange therefore rests with the Region. 7 . STAFF COMMENTS 7 . 1 The Town of Newcastle Official Plan indicates that the Bowmanville Urban Area should be served by means of four interchanges with Highway 401 . However, the Ministry of Transportation and the Region of Durham, through the Recommended ! Changes to the Regional Official Plan, are indicating that, at most, only three interchanges would be feasible: Given the position of the Ministry of Transportation that only one interchange is to serve East Bowmanville, the benefits of locating a new interchange at Lamb's Road rather than upgrading the existing interchange at Bennett Road must be assessed. 7 .2 The factors to be considered in reviewing this matter include the level of service to be provided to existing and future land uses in the Urban Area, connections with the future arterial system (including a link to the future Highway 407) , and the financial implications of each alternative. f REPORT NO. : PD-81-91 PAGE 7 7 . 3 Level of Service 7 . 3 . 1 Under the current land use designations for the Bowmanville Urban Area, the Lamb's Road interchange would provide better service to the industrial areas and residential lands on the east side of Bowmanville. This is recognized by both the Region of Durham and the Ministry of Transportation. At the present time, the Bennett Road interchange is located too 1 far to the east to be utilized by west-oriented traffic. l 7 . 3 .2 Future additions to the Bowmanville Urban Area must also be considered in order to determine the interchange location which would best serve the long term needs of the Urban Area. The Recommended Changes to the Durham Regional Official Plan as prepared by the Regional Planning ~ Department, propose the designation of additional residential and industrial lands on the eastern edge of the Bowmanville Urban Area. Newcastle Council has endorsed these new land use designations through its consideration of the Town's Response to the Recommended Changes on March 25, 1991. The Bowmanville Urban Area would extend east to Bennett Road. Under these assumptions, the Lamb's Road interchange location would still remain the best location for an interchange serving both residential and industrial users . In this regard, Bennett Road remains too far to the east to be effectively utilized by traffic patterns which reflect the strong western orientation to employment and service locations. (i.e. People don't usually travel east in order to get to a western destination) . As a result, without Lamb's Road interechange, there would be a heavier traffic loading on Liberty Street and certain east-west arterials . It is further noted that the Liberty Street interchange is . . .8 � a C{ REPORT NO. : PD-81-91 PAGE 8 not a cloverleaf configuration which presents operational difficulties for higher traffic volumes . 7 . 3 . 3 The Town has also undertaken a study of land use options for the Bowmanville Waterfront. The Draft Port Darlington Secondary Plan, as presented to Committee on September 17, 1990, proposes a mix of residential, commercial and open space land uses along the waterfront between West Beach Road and the Wilmot Creek community (See Attachment #2) . Lamb's Road, is centrally located in relation to the proposed uses along the waterfront providing direct service to the second "hub" or "focal point" for uses along the waterfront. The Plan indicates a future interchange to be located at Lamb's Road and the existing interchange at Bennett Road to be removed. j 7 .4 Arterial Road System I At the present time, Bennett Road and Lambs Road are not continuous north-south arterial road systems. Bennett Road is an 1 identified arterial road between Highway 401 to Highway 2 . Lambs Road is an arterial road extending further north from Highway 401 to Concession Street. The Recommended Changes to the Durham Regional Official Plan propose Lamb's Road as an arterial road to intersect with the future Highway 407 and Regional Road 20. It is noted that the route alternatives under consideration by the Ministry in the Highway 407 Route Alignment Study also identify intersection locations for Lamb's Road (called Bethesda Road north of Concession 4) . Any interchange location on the east side of Bowmanville shoul provide service to a Regional standard arterial road which could provide a continuous link to Highway 407 . Lamb's Road provides the optimum opportunity to accomplish this . . . . 9 I - . t l REPORT NO. : PD-81-91 PAGE 9 1 7 .5 Financial Implications It should be noted that the construction of the Lamb's Road interchange and the removal of the Bennett Road interchange would likely occur at the time of a future widening of Highway 401, probably at least 15 years in the future. Assuming equivalent design standards, the actual construction costs of a new interchange would be roughly the same. The Lamb's Road interchange would require more substantial land acquisition costs but this would be offset by the sale of surplus lands at Bennett 1 Road. Any additional cost to the Province would be justified by ` providing better service and lower costs for a north-south arterial connection. These costs would be borne by senior levels of government. 7 . 6 Staff note that the Lamb's Road Interchange and the designation of Lamb's Road as an arterial road was the subject of Amendment # l 24 to the Durham Regional Official Plan initiated by the Region- j of Durham in 1979 . The amendment was referred to the Ontario Municipal Board by owners of properties north of Highway 401. At the Hearing on February 16, 1981, the Town of Newcastle, the Region of durham, and the Ministry of Transportation all supported the Lamb's Road interchange location which was subsequently approved by the Board. It is noted that Esquire Developments, the current owners of the lands subject of Subdivision Plan 18T-87055, did not assume ownership of the lands until 1989 . At such time, the Official Plan designation was known and should have been a consideration in the purchase of this site. It is also noted that with an interchange fixed at Lamb's Road, the lands owned by Esquire Developments become a strategic site which will increase their value over the long term. . . . 10 FRn 4 Ei REPORT NO. : PD-81-91 PAGE 10 8. CONCLUSIONS Lamb's Road is the optimum location for a Highway 401 interchange with regard to the service to be provided to existing and future land uses in East Bowmanville and along the Bowmanville waterfront, as well as in terms of connections to the future Regional and Provincial road network. It is recommended that Council 's previous position be endorsed and that the application submitted by Esquire Developments to delete the Lamb's Road Interchange be DENIED. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc Kotseff j Director of Planning Chief A, nistrative and Development Officer JAS*DC*FW*df y *Attach 28 March 1991 Interested parties to be notified of Council and Committee's decision: Esquire Developments Limited Mr. Peter Killham c/o Ms . Alina Bridgeman Templeton-Lepek The Buchman Group 5050 Dufferin Street 805 Lakeshore Blvd. East Suite 232 Toronto, Ontario Downsview, Ontario. M4M IB2 M3H 5T5 Ms . Yvonne J. Hamlin Goodman & Carr Mr. Joe Kostyk Barristers and Solicitors Peter Brady Real Estate Suite 2300 1580 Yonge Street 200 King Street East Toronto, Ontario Toronto, Ontario M4T 1Z8 M5H 3W5 . . . 11 i REPORT NO. : PD-81-91 PAGE 11 Oceanfront Developments Limited 115 Simcoe Street Oshawa, Ontario L1H 4G7 1 Ms . Jayne Salisbury R.R. # 4 Lamb's Road Bowmanville, Ontario ` L1C 3K5 1 1 �l � 9 9 :. 7 Attachment No. 1 r i - -- - Proposed H,Jh—� �I I ` J 1 /-/.MPTQN . ' t ' J n:. MAPLE GROVE � I 1 401 i O LONG TERM INTERCHANGE LOCATION RECOMMENDED CHANGES ARTERIAL ROAD TYPE TO THE DURHAM REGIONAL OFFICIAL PLAN ARTERIAL ROAD TYPE " " B MAP B-TRANSPORTATION .... PROPOSED ARTERIAL ROAD TYPE "A" ____ PROPOSED ARTERIAL ROAD TYPE "B" I NTERCH Af1aE � tir •.,I � ' ' f 1 r1 L.i �Cl�gp� U RZMOd5D Q) STUDY AREA FT TO tsz n4- �C::, V��c�goG«1......111 /T �1C •/ .,.��j/� \� UU `7Q� C� O Q KEY PLAN OQ INTGRCHAifG& �L-j o M QQ a C3 D p8°o ® O� OQ o©® ` 0 t 0 0 °D o lap LEGEND: SPACE AND PARKLAND RESIDENTIAL COMMERCIAL TRANSPORTATION ENVIRONMENT OS^S SHORELINE Sm LOW DENSITY ,'�,^,;�4+,', ENTRANCE Ca= PROVINCIAL FLOOD AND EROSION 0070 HIGHWAY ® PRONE LAND r* OS-W MARSH MEONM DENSITY *"', .7Y' MARNEO L OO ARTERIAL SENSTIVE LANDS O � Port Darlington n OS-V VALLEY LAND MARINARE Dt� MUNICIPAL INDUSTRIAL Secondary Plan OS-NP , OOD PRESTIGE LAN MUNICIPAL OS-M MINOR SERVICES 'A �'j VILLAGE WALKWAYS ® • a� �PA L AND ND USE m� A REGIONAL CONVENIENCE RAILWAY Schedule ,A I THE TOWN OF ew�ast�e April 16, 1991 ONTARIO Dr. M. R. Michael, Commissioner of Planning Region of Durham 1615 Dundas Street East 4th Floor, Lang Tower, West Building P.O. Box 623 Whitby, Ontario L1N 6A3 Dear Dr. Michael: RE: OFFICIAL PLAN AMENDMENT APPLICATION, SUBDIVISION APPLICATION AND REZONING APPLICATION - ALINA BRIDGEMAN ON BEHALF OF ESQUIRE DEVELOPMENTS - OUR FILES: D09.OPA.89.140, D12.18T.87055 & D14.DEV.89.090 At a meeting held on April 15, 1991, the Council of the Town of Newcastle approved Recommendation #GPA-225-91: "THAT Addendum to Report PD-81-91 and Report PD-81-91 be tabled for two weeks to allow for further discussions between the Region and the Town of Newcastle; THAT the Region be requested to report on compensation; and THAT the interested parties listed in Report PD-81-91 and any delegation be advised of Council's decision. " Enclosed, for your information, is a copy of Report PD-81-91 and Addendum to Report PD-81-91. Will you please submit your comment to the undersigned at your earliest convenience to enable us to place this matter before our Council as soon as possible. Yours truly, Marie P. nig , A.M.C.T. (A) Deputy Clerk MPK/lb cc: C. Lundy, Regional Clerk A. Bridgeman, Esquire Developments Limited Y. Hamlin, Goodman & Carr P. Killham, Templeton-Lepek J. Kostyk F. Wu, Director, Planning and Development CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET • BOWMANVILLE • ONTARIO • L1C 3A6 • (4 16) 623-3379 FAX 623-4169 necvcceorMe