HomeMy WebLinkAboutPD-9-83 Q
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JANUARY 3, 1983
REPORT NO. : PD-9-83
SUBJECT: REQUEST BY BOWBROOK INVESTMENTS LIMITED FOR
REFERRAL OF PORTIONS OF THE BOWMANVILLE
URBAN AREA PLAN TO THE ONTARIO MUNICIPAL
BOARD
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-9-83 be received; and
2. That Council approve the following Resolution :
"WHEREAS the Council of the Town of Newcastle
approved the Bowmanville Urban Area Plan on
July 13, 1981 ;
AND WHEREAS the Council of the Regional
Municipality of Durham approved the Bowmanville
Urban Area Plan on July 7, 1982;
AND WHEREAS the Bowmanville Urban Area Plan
conforms with the Official Plan of the Regional
Municipality of Durham, as required by Section
59(3) of the Regional Municipality of Durham
Act;
AND WHEREAS the nature of the request for
referral of the Bowmanville Urban Area Plan
made by Bowbrook Investments Limited calls into
question major policies of the Official Plan of
the Regional Municipality of Durham which has
been approved by the Minister of Municipal
Affairs and Housing, and the questioning of
Report No: PD-9-83 . . ./2
these Minister-approved policies has
significant implications to all of the area
municipalities in the Regional Municipality of
Durham;
AND WHEREAS the Council of the Town of
Newcastle has applied for, and the Minister of
Municipal Affairs and Housing has approved, a
loan under the Ontario Main Street
Revitalization Program for capital improvements
in accordance with a Municipally approved
Business Improvement Area Revitalization Plan
for a major portion of the Bowmanville Main
Central Area ;
AND WHEREAS said Plan is in keeping with the
Main Central Area policies of the Official Plan
of the Regional Municipality of Durham and the
Official Plan of the Bowmanville Major Urban
Area;
AND WHEREAS the issue of the designation in the
Bowmanville Urban Area Plan of the property
owned by Bowbrook Investments Limited on the
north-west corner of Waverly Road and
Provincial Highway 401 in the Bowmanville Urban
Area would more appropriately have been dealt
with through an application for an amendment to
the Official Plan of the Regional Municipality
of Durham;
AND WHEREAS the request made by Bowbrook
Investments Limited to refer portions of the
Bowmanville Urban Area Plan to the Ontario
Municipal Board would result in an unnecessary
delay to the approval of said Plan ;
BE IT NOW THEREFORE RESOLVED that the Council
of the Town of Newcastle hereby requests the
Minister of Municipal Affairs and Housing to
forthwith approve the Official Plan for the
Bowmanville Major Urban Area and to deny the
request by Bowbrook Investments Limited to
refer certain portions of the Official Plan to
the Ontario Municipal Board; and
3. That a copy of Staff Report PD-9-83 be
forwarded to the Ministry of Municipal Affairs
and Housing, and the Regional Municipality of
Durham.
i
Report No: PD-9-83 . . ./3
BACKGROUND:
On July 13th, 1981, Town Council approved the Bowmanville
Urban Area Plan and, on May 24, 1982, approved a number of
modifications to the Plan suggested by the Region of Durham.
The Urban Area Plan, as modified, was approved by the Region
on July 7, 1982, and was forwarded to the Ministry of
Municipal Affairs and Housing for their review and
approval .
On November 30, 1982, the Town received notification that
Bowbrook Investments Limited, which owns a 14.2 ha (35.2
acre) parcel of land on the north-west corner of Waverly
Road and Highway 401 in Bowmanville, was requesting that the
Minister of Municipal Affairs and Housing refer portions of
the Bowmanville Urban Area Plan to the Ontario Municipal
Board.
As indicated in the letter from the solicitors for Bowbrook
* Investments Limited to the Minister (attached), it is
Bowbrook 's contention that its property on Waverly Road,
which is designated "Special Purpose Commercial " and "Hazard
Land" by the Bowmanville Urban Area Plan, is a particularly
high profile site capable of offering a broad range of
commercial services , both to Bowmanville and to the Region
as a whole, and that the range of uses outlined in the
Special Purpose Commercial policies are too limited to
accomplish this objective.
Therefore, Bowbrook Investments Limited has requested the
Minister of Municipal Affairs and Housing to refer the
following portions of the Bowmanville Urban Area Plan to the
Ontario Municipal Board:
Report No: PO-9-83 . ../4
(a) the "Special Purpose Commercial " and "Hazard Land"
designations on the north-west corner of Waverly Road
and Highway 401 , on Schedule 1 , the Land Use
Structure Plan ;
(b) Section 2.6.2(i ) (a) , Special Purpose Commercial
Policies, which outlines the types of uses permitted
in Special Purpose Commercial Areas.
In addition, it is Bowbrook 's position that the Plan places
undue emphasis on Bowmanville's Main Central Area as the
focal point of commercial activity in the Town, that the
Plan 's policies do not reflect the need to encourage
commercial growth outside of the Main Central Area, and that
the Plan fails to recognize that well planned
retail -commercial development on high profile sites, such as
Bowbrook 's property, could benefit and serve both the Region
and Bowmanville, and could serve as an attractor to the
Bowmanville Urban Area.
Accordingly, Bowbrook Investments Limited has also requested
that the following parts of the Bowmanville Urban Area Plan
be referred to the Ontario Municipal Board:
(c) Section 2.5.2(i ) (a) Main Central Area Policies, which
identifies the Bowmanville Main Central Area as the
main focal point of economic and social activities
within the Town, and encourages the development and
redevelopment of the Main Central Area to ensure this
dominance. j
Report No: PD-9-83 . . ./5
Section 2.5.2(i ) (c) , Main Central Area Policies ,
which states that the Main Central Area Development
Plan shall promote the Main Central Area as the major
focal point of activities in the Town;
(d) Section 2.5.2(e) (i ) , Predominant Use Area :
Commercial , which outlines guidelines for development
within those areas designated "Commercial " on
Schedule IA, the Land Use Structure Plan for the Main
Central Area ;
(e) the "Commercial " designation and the "Gross Retail
and Personal Service Floor Space Allocations" on
Blocks 1 to 7 on Schedule 1A, the Land Use Structure
Plan for the Main Central Area;
(f) Section 2.6.1 , Commercial Objectives, which
identifies the need to ensure the provision of
adequate commercial facilities supplementary to the
Central Areas in order to accommodate the needs of
the Bowmanville Major Urban Area.
(g) Section 2.10.2(v)(c), Servicing and Staging Policies,
as it relates to the reinforcement of the Main
Central Area.
On December 7, 1982, the Ministry sent a letter to the
solicitors for Bowbrook Investments Limited, advising them
that their referral request will be considered with the
final review of the Plan. By copy of the letter, the
Ministry requested comments from the Town of Newcastle and
i
the Region of Durham regarding the referral request, as well
as an assessment of the referral 's relationship to the
Official Plan of the Regional Municipality of Durham.
I
Report No: PD-9-83 . ../6
It is as a result of the Ministry's request that Staff are
bringing this Report forward to obtain Council 's position on
the referral request by Bowbrook Investments Limited.
COMMENT:
Section 16.4.3 of the Official Plan of the Regional
Municipality of Durham states that district plans prepared
by the area municipalities are to be prepared in conformity
with the provisions of the Durham Region Official Plan.
Regional Council have indicated that they consider the
Bowmanville Urban Area Plan to be in conformity with the
Durham Official Plan by approving it.
However, in order to clearly indicate that the sections of
the Bowmanville Plan covered by Bowbrook 's referral request
comply with the provisions of the Durham Plan, Staff have
assessed each of these sections in the context of the Durham
Plan. A summary of the salient points of this assessment is
presented below:
(a) Special Purpose Commercial and Hazard Lands
Designations
Schedule A5 of the Durham Official Plan designates
the subject site as a Special Purpose Commercial
Area.
Schedule A5 does not indicate the presence of Hazard
Lands on the site ; however, Hazard Lands are
indicated to the west of the site and Section 16.4.2
of the Durham Official Plan provides that area
i
municipalities shall have regard for the detailed
pattern of land uses in the preparation of district
plans. After consultation with the Central Lake
Ontario Conservation Authority and the Ministry of
Natural Resources , the Hazard Lands designations were
further detailed in the Bowmanville Plan.
Report No: , PD-9-83 . . ./7
(b) Section 2.6.2(i ) (a) Special Purpose Commercial Policy
This section repeats almost verbatim the relevant
provisions of Section 8.3.2.1 Special Purpose
Commercial Areas Policies of the Durham Official
Plan.
(c) Section 2.5.2(i ) (a) Main Central Area Policies
The designation of the Main Central Area as the focal
point of activity within the Town is based on Section
8.2.2.1 (a) Central Areas Policies of the Durham
Official Plan which states that :
"Main Central Areas shall be planned and developed as
the main concentrations of activities within area
municipalities providing a full integrated array of
shopping, personal and business service, office,
institutional , community, recreational and
residential uses."
The provision respecting the development and
redevelopment of the Main Central Area is based on
Section 8.2.2.9(a) Main Central Areas of the Durham
Plan, which states that the dominance of Main Central
Areas shall be encouraged as part of a redevelopment
and/or a rehabilitation scheme.
Staff note that referral of this particular section calls
into question a basic planning philosophy of the Durham
Regional Official Plan and therefore has grave implications
to other area municipalities , many of which also have
approved District Plans containing similar policies.
Report No: PD-9-83 .. ./8
Section 2.5.2(i ) (c) Main Central Area Policies
The existence and purpose of the Main Central Area
Development Plan is also based on the
redevelopment/rehabilitation scheme mentioned in
Section 8.2.2.9(a) of the Durham Official Plan.
Staff note that pursuant to this Section, the
Bowmanville B.I .A. prepared a revitalizaton plan
which was approved by Council and subsequently
forwarded to the Ministry of Municipal Affairs and
Housing a part of the Town 's application for a
Provincial Loan under the Ontario Mainstreet
Revitalization Program.
(d) Section 2.5.2(e) (i ) Predominant Use Areas : Commercial
This section states that the predominant use of land
within those areas designated Commercial within the
Main Central Area shall be retail , business, office
and personal service uses. This provision is based
on Section 8.2.2.1 (a) of the Durham Official Plan
which states that Main Central Areas shall provide a
fully integrated array of services including
shopping, personal and business service, and office
uses.
The maximum gross retail and personal service floor
space permitted corresponds to that permitted for the
Bowmanville Main Central Area by Section 8.2.2.9(b)
of the Durham Plan. The overall average maximum
floor space index given corresponds to that permitted
for Main Central Areas by Section 8.2.2.16 of the
Durham Official Plan.
The location of residential uses in the Main Central
Area is permitted by Section 8.2.2.1 (a) of the Durham
Plan, while Section 8.2.2.6 of that Plan provides for
the association of residential uses in Main Central
Areas with retail and office uses. The location of
community facilities in the Main Central Area is
permitted by Section 8.2.2.1 (a) of the Durham
Official Plan.
Report No: PD-9-83 . . ./9
(e) Commercial Designation and Gross Retail and Personal
Service Floor Space Allocations - Schedule 1A
Section 8.2.2.1 (a) of the Durham Official Plan
provides for the location of a fully integrated array
of shopping, personal and business service and office
uses in Main Central Areas.
Section 8.2.3.1 (b) of the Durham Plan states that the
district plans for any Main Central Area shall
indicate the manner in which the retail and personal
service floor space shall be accommodated. It should
also be noted that the sum of the permitted floor
space for each block on Schedule lA equals the
maximum gross retail and personal service floor space
permitted for the Bowmanville Main Central Area by
Section 8.2.2.9(b) of the Durham Plan.
(f) Section 2.6.1 Commercial Objectives
This section states that the commercial objective is
to ensure the provision of adequate commercial
facilities supplementary to the Central Areas, while
Section 2.6.2(i ) identifies Special Purpose
Commercial Areas as one of these supplementary
areas.
Section 8.3 of the Durham Official Plan deals with
Special Purpose Commercial Areas, separate from the
discussion of Central Areas in Section 8.2, thereby
indicating the status of the Special Purpose
Commercial Areas as supplementary to the commercial j
uses found in the Central Areas.
I
I
Report No: PD-9-83 . ../10
Specifically, Section 8.3.1 of the Durham Plan states
that the goal of the Special Purpose Commercial Areas
is to maximize opportunities for locating specialized
commercial services.
(g) Section 2.10.2(v) (c) Servicing and Staging Policies
Although the Durham Official Plan does not
specifically address the issue of Servicing and
Staging Policies in relation to the reinforcement of
Main Central Areas, other policies of the Durham Plan
as noted above emphasize the dominance of Main
Central Areas as a major policy thrust of the Plan.
Therefore, this section of the Bowmanville Plan is in
keeping with the basic intent of the Durham Official
Plan with respect to Main Central Areas.
Based on the above assessment, it is quite clear that the
sections of the Bowmanville Urban Area Plan covered by
Bowbrook Investments Limited's referral request are in
conformity with the policies of the Durham Region Official
Plan. As noted previously, Bowbrook is therefore taking
exception with certain policies of the Durham Official Plan ,
which was initially approved by the Ministry of Housing on
April 2.6, 1978. Policies which we might reiterate, form a
basic part of the planning philosophy of the Region of
Durham, not just the Town of Newcastle.
Therefore, rather than referring the provisions of the
Bowmanville Urban Area Plan, Bowbrook should more
appropriately have filed an application to amend the
relevant provisions of the Durham Regional Official Plan.
If that application had been denied, Bowbrook could have
then requested the Minister of Municipal Affairs and Housing
to refer that decision to the Ontario Municipal Board.
Report No: PD-9-83 .. ./11
It is also relevant to point out that, on November 30, 1982,
the Minister of Municipal Affairs and Housing approved a
$150,000 loan to the Town to help fund capital projects
undertaken as part of the Bowmanville Business Improvement
Area Revitalization Plan, a plan intended to revitalize and
rehabilitate an historic section of Bowmanville's Main
Central Area. A similar loan for $38,450 was also approved
for the Newcastle Village Business Improvement Area
Revitalization Plan. The policies in the Newcastle Village
Small Urban Area Plan, which was approved by the Region of
Durham on September 29th, 1982, relating to the Main Central
Area are also based on the relevant policies in the Durham
Official Plan. Therefore, the Minister of Municipal Affairs
and Housing has, through these actions, already expressed
support for the Main Central Area policies of the Durham
Regional Official Plan, and specifically the Bowmanville
Urban Area Plan.
Section 15(1 ) of The Planning Act, R.S.O. 1980, states that,
where any person requests the Minister to refer any part of
an Official Plan to the Ontario Municipal Board, the
Minister shall refer such part to the Board unless, in his
opinion, such request is not made in good faith or is
frivolous or is made only for the purpose of delay.
Based on the assessment given above, it is Staff's opinion
that the Bowmanville Urban Area Plan conforms with the
Durham Region Official Plan and the Town of Newcastle has
fulfilled its obligations with respect to the Regional
Municipality of Durham Act; that the nature of the referral
request made by Bowbrook Investments Limited calls into
question major policies of the Durham Regional Official Plan
I
i
Report No: PD-9-83 . . ./12
approved by the Minister of Municipal Affairs and Housing;
that the questioning of these Minister-approved policies has
significant implications for all of the municipalities in
the Region of Durham; that the issue of the designation of
Bowbrook's property by the Bowmanville Plan would more
appropriately be handled through an application to amend the
Durham Regional Official Plan ; that the Minister has
expressed his support of the Main Central Area Policies in
the Durham Regional and Bowmanville Plans by approving Main
Street Revitalization Funds for Bowmanville's Business
Improvement Area ; and that the referral request made by
Bowbrook Investments Limited would result in an unnecessary
delay in the approval of the Official Plan for the
Bowmanville Major Urban Area.
Staff therefore recommend that Council adopt the recommended
resolution requesting the Minister of Municipal Affairs and
Housing to approve the Official Plan for the Bowmanville
Major Urban Area forthwith, and that the referral request
made by Bowbrook Investments Limited be denied.
Respect i ted,
T. T. Edwards, M.C.I.P.
Director of Planning
e ece*TTE*mjc
mber 22, 1982
i
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SUBJECT
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LL:
0 250 500
500 '000MA7
FILE Z-A- 1-2-1
Telephone(416)484-1771
Telex No 06-218997 J'
Pe
JARVIS BLOTT FEJER PEPIN.O suite 400
Barristers Solicitors Canada Square
R. E.Jarvis,Q.C. A.S.Slott,Q.C. 2200 Yonge Street
S.W Fejer N.J.Pepino Toronto,Ontario
P.J.Devine S.M.Brooks M4S 2C6
D.B.Quick S.D. Rogers
Counsol:
J.Spence Stewart,Q.C. Please refer to file no. 91/196
November 22, 1982
The Honourable Claude Bennett,
Minister of Municipal Affairs -w
and Housing, NOV
19fl?
Hearst Block,
4th Floor,
Queen' s Park, ':'r
TORONTO, Ontario,
M7A 2K5 ----
Dear Mr. Minister:
re: Referral of the portion of the Official
Plan of the Bowmanville Urban Area -
part of the District Planning Area for
the Town of Newcastle - approved by
Regional Council on July 7th, 1982
We are the solicitors for Bowbrook Investments Limited, which
company owns property at the northwest corner of Waverley Road and
Highway No. 401 in the Town of Newcastle. This property is
covered by the above-noted Official Plan.
The Official Plan for the Bowmanville Urban Area presently
designated our client' s property as "Special Purpose Commercial" .
This designation is particularly restrictive in the kinds of uses
that are permitted. It is our client' s position that this site
on the northwest corner of Waverley Road and Highway No. 401. is a
particularly high profile site, capable of offering a broad range
of commercial services, both to the Bowmanville Planning Area and
to the Region as a whole. The Special Purpose Commercial
designation is intended to ensure the provision of adequate
commercial facilities outside the Main Central Area. The range of
the uses outlined in the Special Purpose Commercial policies are
too limited to accomplish this objective.
Therefore, we are requesting on behalf of our client,
Bowbrook Investments Limited, that the following parts of the
Bowmanville Urban Area Official Plan be referred to the Ontario
Municipal Board:
(a) the "Special Purpose Commercial" and "Hazard Land"
designation on the northwest corner of Waverley Road
and Provincial Highway No. 401, oil Schedule 1 of the
Official Plan for the Bowmanville Urban Area, as .
indicated in red on the attached map;
. . . 2
JARVIS, BLOTT, FEAR, PEPINO
The Honourable Claude Bennett - 2 - November 22 , 1982
(b) section 2. 6. 2 (i) (a) the "Special Purpose Commercial
Policy" .
The Official Plan for the Bowmanville Urban Area further
designates the Main Central Area as a focal point of economic and
social activities, providing a full integrated array of shopping,
personal and business services. The Plan further provides that
the Main Central Area will be promoted as the major focal point
of activities of the Town through the Main Central Area Develop-
ment Plan.
It is our client' s position that the Plan places undue
emphasis on the Main Central Area as the focal point of commercial
activity. It is our client' s position that the policies as set
forth in the Plan do not reflect the need to encourage commercial
growth outside of the Bowmanville Main Central Area and fails to
recognize that well planned retail-commercial development, on high
profile sites, such as the northwest corner of Waverley Road and
Highway 401, could benefit and serve both the Region, and the
Bowmanville Urban Planning Area, and serve as an attractor to the
Bowmanville Urban Area.
Therefore, we are further requesting on behalf of our client,
Bowbrook Investments Limited, that the following policies be
referred to the Ontario Municipal Board:
(c) section 2. 5. 2 (i) (a) and section 2. 5. 2 (i) (c) ;
(d) section 2. 5. 2 (e) (i) "Commercial" ;
(e) the "Commercial" designation and -the "Gross Retail and
Personal Service Floor Space Allocations" on Blocks 1
to 7 on the Predominant Use Area Map, being Schedule
lA of the Plan.
(f) section 2. 6. 1 "Commercial Objectives" ;
(g) section 2. 10. 2 (v) (c) the "Servicing and Staging
Policies" as it relates .to the reinforcement of the
Main Central Area;
Should you require any further information to process this
referral request, kindly contact the writer at your earliest
convenience.
Yours very truly,
JARVIS BLOW FEJ)ER DEVINE
SDR/vm Susan D. Rogers j
Encl.
. . . 3