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Home My WebLink AboutPD-171-88 DN: 171-88 TOWN OF NEWCASTLE REPORT File # C1 r Res. 1' - — By-Law # MEETING: General Purpose and Administration Committee DATE: TUESDAY, September 6, 1988 REPORT #: PD-171-88 _ FILE #: OPA 88-43/D/N & DEV 88-54 SUBJECT: OFFICIAL PLAN AMENDMENT & REZONING APPLICATIONS APPLICANT: DARLINGTON PROPERTIES INC. PART LOT 16, CONCESSION 1, FORMER TWP. OF DARLINGTON FILES: OPA 88-43/D/N AND DEV 88-54 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I 1. THAT Report PD-171-88 be received; and 2. THAT the applications to amend the Durham Regional Official Plan and the Town of Newcastle Comprehensive Zoning By-law 84-63, submitted by Tunney Planning on behalf of Darlington Properties Inc. to include a 4.07 hectare parcel in the Bowmanville Urban Area and to provide a Community Central Area to develop a commercial mall, be referred back to Staff for a subsequent report pending Staff's receipt of a Retail Market Analysis and all comments from outstanding agencies; and 3. THAT the applicant's agent be so advised. 1. BACKGROUND: 1.1 On June 1, 1988, the Town of Newcastle Planning Department received an + application submitted by Kevin Tunney of Tunney Planning on behalf of Darlington Properties Inc. , to amend By-law 84-63 as amended. Subsequently, on June 6, 1988 the Town was advised by the Region of Durham Planning Department of an application submitted to amend the Durham Regional Official Plan and the Town of Newcastle Official Plan. . . .2 D8P0IYT 00. : PD-17I-88 PAGE 3 _______________________________________________________________________________ 1.2 The subject applications proposes to develop 4.07 hectares (10.05 acres) of land to allow 7500 square metres (80v500 sq.ft.) retail commercial mall located in Dect Lot 16, Concession l' former Township of Darlington, on the north aide of Highway No. 2 outside of the Urban Area boundary of the former Town of Bowmouville. The application would permit the subject lands to be located within the urban boundary. In addition, the application would identify a Community Central Area, encompassing the new arena, the proposed mall, and a number of mixed ooeo that have been identified on the south aide of Highway 0o. 3. 2^0 OFFICIAL PIJ\0 POLICY 2.1 The subject lands are currently designated as "Major Open Space" in the Durham Regional official Plan. The predominant use of lands no designated shall be for agricultural and farm-related uses. Staff would note that the Official Plan Amendment application submitted would change the designation to recognize the proposed use. ].O ZONING BY-LAW CONFORMITY 3.1 Within Zoning By-law 84-63' as amended, the subject property is zoned "Agricultural (A)n. The predominant use of lands so zoned shall be / for agricultural and farm-related uses. The rezoning application would recognize the development of approximately 7,500 square metres of retail commercial floor space, accordingly. 4.0 PUBLIC NOTICE 4.1 Staff would note for the Committee's information that, pursuant to Council's ceanIotiou of July 36, 1982 and the requirements of the � / DIauuimg Act, the appropriate oiguage acknowledging the application was ! installed on the subject lands. . . .3 � REPORT NO. : PD-17I-88 PAGE 3 _______________________________________________________________________________ 5. CIRCULATION: 5.1 In accordance with departmental procedures, the subject application was circulated to various agencies and departments to obtain comments. The following departments/agencies offered no objection to the proposal: - Town of Newcastle Community Services Department - Ministry of Natural Resources - Newcastle Hydro Electric Commission 5.3 The Town of Newcastle Fire Dopncbnaot offered no objection, noting that the applicant will be required to comply with all aspects of the Ontario Building Code and Fire Code. In addition, access routes in compliance with Subsection 3.2.5.2 of the Ontario Building Code and a sufficient water supply is assured in accordance with Subsection 3.2.5.3 of the Ontario Building Code. 5.3 The Health Services Department offered no objection provided municipal services are available. 5.4 The Ministry of Agriculture and Food noted that the site contains Class I-4 agricultural land and that the application moat be assessed in terms of the Foodlaud Guidelines. The Ministry requires the � documentation outlined in Section 3.14 of the Guidelines to do the / evaluation. Until Ministry Staff have reviewed the requested information, they will not be in favour of changing the present Official Plan designation. 5.5 Staff would note for the Committee's information that comments are still outstanding from the following departments/agencies: | ( - Town of Newcastle Public Works - Central Lake Ontario CnooecvaLiuu Authority - Regional Works Department - Ministry of Transportation � - Ontario Hydro . . .4 � REPORT 0O. : PD-17I-88 PAGE 4 _______________________________________________________________________________ S. COMMENTS: 6.1 In consideration of the comments from the Ministry of Agriculture and Food, it is noted for the Committee's information that when an expansion of any urban area is proposed onto farmland, the use must be justified as outlined in Section 3.14 of the FoodIaod Guidelines. Accordingly, Section 3.14 requires that the need for the laud use must cover each of the four following basic issues: the necessity for the land use; the amount of land needed; the reasons for the choice of location; and the consideration given to aItacuoto locations on lower ' capability agricultural lands. The relevant provisions of Section 3.14 goea on to further expand the relevant criteria to b e considered. The Ministry of Agriculture and Food has iodinated that upon receipt of this information, a more detailed ceapooam would be provided. 6.3 As noted earlier, the subject laude are located outside the Urban Area boundary, however, the application requested the boundary to be amended to include the subject lands as well as include a number of other uses. These uses are proposed south of the subject lands including three (]) subdivision applications reflecting High, Medium and Low Density uses. In addition, it also includes a 5500 square ' metre commercial plaza on the south aide of Bigbvaxy 0o. 2 approved by Council in March, 1988. Given the magnitude of the scale of the overall commercial development in this area, Staff is of. tbe opinion that the subject proposal would reguce a detailed Retail Market Analysis indicating the feasibility of the development. REPORT 00^ : PD-171-88 PAGE 5 _______________________________________________________________________________ 7. CONCLUSION: In consideration of the above-noted comments and the comments still outstanding from various departments/agencies, Staff would respectfully recommend that the application be referred booh to Staff in order to prepare a subsequent report. Respectfully submitted, Recommended for presentation Ywrenc e _-______-___-_- Fraukliu Wu Dotaeff Director of Planning 6 Development Chief ��m atrative Officer � \ / {RV*IW* 'iD - *Attach. July 39' 1988 CC; Mc. Joseph GnbilIaoi Darlington Properties Inc. 272 Lawrence Avenue West Suite 201 TORONTO, Ontario M5M lBl Tuuuey DIauuiug 340 Byron Street South Suite 300 WHITBY, Ontario ' Ll0 4P8 Mc. William J. Daniell West Bovmauville Developments Ltd. 70 Beacham Crescent 3CJQRBC0lO[K]B, Ontario MlT lNl is - t v SU6JECT7,"SITE LOT 16 LOT 15 LOT 14 :� Z A O Q WVER COUR O EP � RE-5 o EP Z • _ � 1 v i • . A I A-16 TEVENS _ROAD I o - - EP RE , A-13 1 , AS j O j { W o & (H)R I O i i Z j j (H)R2 Ell 0 50 w0 200 300m KEY � Dev. - 88�54