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Home My WebLink AboutPD-149-82 4 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 SEPTEMBER 27, 1982 REPORT NO. : PD-149-82 SUBJECT: OFFICIAL PLAN AMENDMENT 86 - KINGSWAY VILLAGE MALL, OSHAWA FILE: 82-9/D/00 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-149-82 be received for information. BACKGROUND: On August 13th, 1982, the Town of Newcastle received a copy of a letter sent by the solicitors for Justine Holdings Limited and Pinetree Developments Limited to the Minister of Housing and Municipal Affairs. These two companies are the owners of land located at Highway 2 and Trulls Road which has been designated by the Courtice Urban Area Plan as part of the commercial component of the Courtice Community Central Area. Report No: PD-149-82 . . ./2 The solicitors notified the Ministry that their clients objected to Amendment 86 to the Durham Region Official Plan and Amendment 23 to the Oshawa Official Plan, and requested that both amendments be referred in their entirety to the * Ontario Municipal Board. A copy of the letter is attached to this Report. Amendments 86 and 23 applied to lands presently occupied by the Kingsway Village (Townline) Shopping Centre at Highway 2 and Townline Road in the City of Oshawa. These lands are designated "Residential" in the approved Durham Region Official Plan. This designation permits "local commercial " up to a maximum floor space of 60,000 square feet, which is the approximate size of the existing shopping centre. The proposed amendments, which were adopted by the Region of Durham on July 21st, 1982, would redesignate the lands as a "Community Central Area" to permit the addition of a 94,500 square foot junior department store to the shopping centre. In their letter, the solicitors noted that, in 1979, the Ontario Municipal Board considered a shopping centre proposal for the same lands very similar to that which would be permitted by the subject amendment. At the Hearing, it was the position of Justine Holdings and Pinetree Developments, and the Town of Newcastle, that a shopping centre of the size proposed for the Townline Centre site would emasculate the Town Centre Concept Plan for the Courtice area. The Board, in its Decision, stated that an allocation of retail space to the subject site above the 60,000 square feet permitted by the "Residential " designation was not warranted. This Decision was later confirmed by the Provincial Cabinet and the existing Townline Shopping Centre was built in accordance with this Ruling. i Report No: PD-149-82 Justine Holdings and Pinetree Developments are presently contending that the Decisions by the Ontario Municipal Board and the Provincial Cabinet are still relevant, and that the proposed expansion to the Kingsway Village Mall , which would be permitted by Amendments 86 and 23, would jeopardize the proposed Courtice Urban Area. COMMENTS: The Town of Newcastle was notified by -the Region of Durham, in a letter dated March 18th, 1982, that an application to amend the Durham Region Official Plan to permit the expansion of the Kingsway Village Shopping Centre had been received. In Report PD-89-82, which was considered by the General Purpose and Administration Committee on May 31st, 1982, staff agreed with the conclusions of a Market Demand and Impact Analysis, submitted in support of the proposal , that concluded that the expanded shopping centre would not reduce the long term potential of the already designated Community Central Area in Courtice. Staff noted that, in fact, it was likely that the initial development of Courtice could be encouraged and enhanced by the additional community facilities proposed for the Kingsway Village Centre. At a meeting held on June 7th, 1982, Council adopted a resolution advising the Region of Durham that the Town of Newcastle had no objections to the proposed Official Plan Amendment. rRespec ed, , M.C. I.P. Director of Planning I JAS*TTE*mjc eptember 7, 1982 J ! 0 BARRISTERS 6 SOLICITORS RECEIVED BARRY D.LIPSON HARVEY I.JOSEPH 2160 YONGE STREET DAVID H.MILMAN PETER R.O'DONOGHUE AUG 131982 SUITE 1600 RONALD N.S EAFF PETER Y L AUBTER TORONTO,ONTARIO ROBERT D.SHEAFFER JEFFREY L DAVIES M4S 289 MARK F.FREEDMAN RONALD B.MELVIN BY �+c JAY S.TEICHMAN ADMINISTRATORS OFFICE TELEPHONE: 4860444 AREA COOS:416 COUNSEL: ROBERT W.MACAULAY,O.C. TELEX: 06-22$33 RICHARD ROHMER,O.C. ROGER R.ELLIOTT August 11, 1982 The Honourable C F. Bennett Minister of Housing AUG 17 199 and Municipal Affairs 4th Floor, Hearst Block Tom OF HERICASTLE Queen's Park PLANNING DEPART MENT Toronto, Ontario ---- Dear Mr. Minister: RE: Proposed Official Plan Amendments 86 and 23 for the Regional Municipality of Durham and the City of Oshawa. RE: Justine Holdings Limited and Pinetree Developments Limited Our File No. M432064 aaaaaaaamasaazaaaaaaaaaaamiaaasaaaaesoaaaaaaaaaar We are solicitors for Justine Holdings Limited and Pinetree Developments Limited the owners of lands located at Highway 2 and Trulls Road in the Town of Newcastle (Court ice). Our clients' lands have been designated for commercial development for some years now and are to form a major part of the proposed Courtice Town Centre. Amendments 86 and 23 apply to lands presently occupied by the Townline Shopping Centre at Highway 2 and Townline Road in the City of Oshawa. The designation of these lands in the approved Regional Municipality of Durham Official Plan is "Residential". "Residential" permits "Local Commercial" up to a maximum floor space of 60,000 square feet. It is our understanding that this is now the approximate size of the Townline Shopping Centre. The proposed amendments would permit an expansion to this shopping centre to a size and type not envisaged by the approved Official Plan, therefore, requiring the amendment . My clients object to these amendments and ask that both be referred in their entirety "to the Ontario Municipal Board pursuant to Section 51(1) of The Planning Act . We would like to review some of the history of the site so that our reasons for requesting these referrals are evident . . . ./2 f - F - .*Y, LIPSON & JOSEPH - 2 _ On April 17, 1979 through to September 26, 1979, the Ontario Municipal Board heard evidence on some 80 references of the Regional Municipality of Durham Official Plan. One of those references made by the Minister of Housing was with respect to the lands which are the subject of the present applications. At that time, the applicant (244987 Management Limited) proposed a shopping centre development very similar to that which would be permitted by Official Plan Amendments 86 and 23. The Board in its decision dated January 14, 1980 (Ontario Municipal Board files R 781168 and R 752217) stated : "On the evidence, the Board is satisfied that the allocation in the Regional Plan of Retail Commercial Space on the basis of 40 square feet per person is sufficient for the Region at least for the next 60 years. It cannot find that an addition to this allocation is necessary in the public interest at this time. "The Board also finds that the development proposed by the owner of the size and character as shown by his plans would not be in accordance with the provisions of Sections 8.2.2.1(c), 8.2.2.11 and 8.2.2.16 of the Regional Plan. "The Board accepts the planning evidence offered by the Region and is satisfied that the Regional Council properly exercised its planning discretion in designating these lands for "Residential" use and so orders. "In determining this designation the Regional Plan, has referred to the Board, the Board is cognizant of the fact that a corresponding amendment under the Oshawa Official Plan must follow under Section 59(3) of the Regional Act , and so orders." It was the position of our clients and the Town of Newcastle at the hearing that a shopping centre of the size proposed by the developer at the Townline Centre Site would emasculate the Town Centre concept planned for the Courtice area. This Ontario Municipal Board decision was subsequently petitioned to the Lieutenant Governor in Council by the City of Oshawa asking that the Board 's decision of January 14, 1980 be rescinded , varied or alternatively be the subject of a new public hearing. The Cabinet , through Order In Council 2171/80, confirmed the Board 's decision and went on to say that; "In making this recommendation, the Executive j Council takes the position that the decision of the Ontario Municipal Board insofar as it relates to the Oshawa Official Plan, should be interpreted to mean that the City of Oshawa has full scope to amend its Official Plan to allow any of j the uses permited under the "Residential" designation in the Regional Official Plan, specifically a local commercial centre not exceeding 60,000 square feet of retail space." . . ./3 3 MACAO: ,c Y, LIPSON & JOSEPH The Board 's Order on this matter was issued under date of March 20, 1981 and subsequently the existing Townline Centre was constructed in accordance with that ruling. 1 It is our clients' position that circumstances have not changed since January of 1980 when the Board first made its decision on this matter. The proposed Courtice Urban Area remains as an approved part of the Town of Newcastle Official Plan and while not developing at the rate foreseen in the late 1970's should not be jeopardized by a further expansion of the Townline Centre. We believe that the decisions of the Ontario Municipal Board and the Cabinet are clear in stating that the Townline Centre should not exceed 60,000 square feet and that the proposal is not in keeping with the provisions of the Regional Official Plan as noted . Please advise us if and when these matters are referred and if further information is required . Yours very truly, MACAULAY, LIPSON & JOSEPH Ronald PRichards /kes cc; Ms. L. Tennant Ministry of Housing Mr. Gordon E. Petch Bord on & Elliot On behalf of Valiant_ Properties I Mr. M. Michael i Commissioner of Planning Regional Municipality of Durham Mr. R. G. Madziya Director of Planning City of Oshawa Mr. D. Smith Planning Director Town of Newcastle I