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HomeMy WebLinkAboutPD-180-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 21 , 1983 REPORT NO. : PO-180-83 SUBJECT: APPLICATION FOR REZONING - PYTHBOW DEVELOPMENTS j PART OF LOTS 12 & 13, R.F. CONCESSION GEOGRAPHIC TOWNSHIP OF DARLINGTON, NOW IN THE TOWN OF NEWCASTLE - FILE: DEV. 83-27 j i RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-180-83 be received; and 2. That Application for rezoning File No. DEV. 83-27 submitted by Pythbow Developments Limited in respect of Part of Lot 12 & 13, B.F. Concession, geographic Township of Darlington , now in the Town of Newcastle, be denied; and 3. That the applicant and the Regional Municipality of Durham be so advised; and 4. That the Regional Municipality of Durham be further advised that the Council of the Town of J Newcastle hereby reaffirms its position in respect of the subject development proposal and its commitment to seek a referral to the Ontario Municipal Board should the Regional Municipality of Durham deem it advisable to n� approve application for Official Plan amendment \1' 81 -26/D/NB submitted by Pythbow Developments Limited. . . .2 REPORT NO. : PD-180-83 Page 2 BACKGROUND AND COMMENT: On October 13, 1983, Staff received an application for rezoning submitted on behalf of Pythbow Developments Limited, in respect of Part of Lots 12 & 13, B.F. Concession , geographic Township of Darlington. The subject application proposes to rezone a 13.75 hectare parcel of land (34 acres) from A-Agriculture to an appropriate commercial designation, to permit the development of a 17,255 square metre (185,733 square feet) shopping centre. The lands are presently designated as "Special Purpose Commercial " and "Major Open Space" by the Durham Regional Official Plan and the Official Plan for the Bowmanville Major Urban Areas. The development of a shopping centre is not permitted within this designation, however the site is presently the subject of an application to amend both the Regional Official Plan and the Bowmanville Urban Area Plan to permit the proposed development. The proposed Official Plan amendment was first considered by the Town 's General Purpose and Administration Committee at its meeting of December 7, 1981 , at which time it was resolved to recommend to the Region of Durham that the application be denied. At the same time, the Town also denied a previous application for rezoning, our File DEV. 81-30, noting that such development was premature based upon a market analysis conducted by the municipality, and based upon the Town's commitment to the revitalization of the historic C.B.D. of the Bowmanville Urban Area. This recommendation was forwarded to the Regional Municipality of Durham, and on March 23, 1982, the Regional Planning Committee passed Resolution #91 tabling the proposal , in . . .3 i REPORT NO. : PD-180-83 Page 3 order to permit the Municipality an opportunity of forward- ing to the Regional Planning Committee, any recommendations or conditions that they deem appropriate for the approval . In response to that request of the Regional Planning Committee, Town Council , at its meeting of April 12, 1982, reaffirmed its previous position , recommending denial of the application, and further advised the Region, that in the event that the Official Plan amendment were to be approved , that the Town Solicitor and Staff were authorized to file a request for referral to the Ontario Municipal Board. On June 9, 1982, Regional Council resolved "that the Official Plan amendment application of Pythbow Developments, File 81 -2.6/D/NB be referred back to the Committee for preparation of the appropriate amendment document, and that a market impact study be required prior to submission of the Official Plan amendment for Pythbow Developments, File 81 -26/D/NB". In October, 1982, a report entitled "Retail Opportunity - Pythbow Shopping Centre, Bowmanville, Ontario" was submitted to the Region and the Town for comments. However, despite the negative comments of both the Town staff and the Regional Planning Staff, on February 2, 1983, Regional Council adopted a resolution of the Regional Planning Committee to receive the appropriate amendment documents, and the Market Impact Study, and that the Regional Council enter into an agreement with Pythbow Developments Limited with respect to the provision of appropriate services prior to passing the adopting by-laws related to the proposed amendments. At its meeting of November 9, 1983, Regional Council ratified a recommendation of a Special Tri -Committee Meeting . . .4 REPORT NO. : PD-180-83 Page 4 _T -dl(�) of Planning, Finance and Works Committees of November 2, 1983, authorizing execution of an agreement between Pythbow Developments Limited and the Region of Durham, respecting the provision of sanitary sewer services to their site on Baseline Road, east of Waverley Road in the Town of Newcastle. It would therefore appear, that the Regional Municipality of Durham is now in a position to approve application for Official Plan amendment 81 -26/D/NB, and to forward same to the Ministry of Municipal Affairs and Housing upon execution of the agreement authorized by Regional Council on November 9, 1983. In accordance with departmental policy, the subject application was circulated to a number of agencies for comments, and on October 20, 1983, a notice of public meeting was mailed by the Clerk's office to all property owners within 120 metres of the subject lands. In response to our circulation, the following comments were received: Town of Newcastle Fire Department "The Fire Department has no objection to the application for rezoning. There is a 12 inch watermain located on Baseline Road with adequate water supply for fire protection and sprinkler installation. This project shall be constructed as to Fire Code Regulations and the Ontario Building Code. Access to the area with emergency response time from Fire Station #1 , Bowmanville are within an acceptable travel distance for high value districts." Town of Newcastle Public Works Department "We have reviewed this application for the above-mentioned rezoning and find its proposal acceptable subject to the following comments : 1 . That a ten foot (10' ) road widening for the entire frontage to Baseline Road be dedicated to the Town. i . . .5 I REPORT NO. : PD-180-83 Page 5 2. That all proposed works are in accordance with Town ' s Entrance Policy Design Criteria and Standard Drawings. 3. That the Owner meet all the requirements of the Public Works Department financial or otherwise." Town of Newcastle Building Department "No Comment" . Central Lake Ontario Conservation Authority "The property which is the subject of the above-noted application is partially flood prone with the Regional storm flood elevation being 272.5 feet CGD. At its September meeting, the authority approved an application for construction and to carry out a cut and fill operation for the noted property. This approval will allow for some construction, placement of fill , and the creation of parking areas in the flood fringe consistent with the site plan which was circulated with the rezoning application. The approved cut and fill proposal will not change the Regional storm flood elevation , but will slightly alter the location of the floodline at the western limit of the flood plain on the subject property. This change is illustrated on the site plan. The authority then, is not opposed to the proposed rezoning, however, we would ask that the appropriate zoning controls be enacted to restrict any future building or construction , other than for flood and erosion control purposes , on that portion of the property situated east of the proposed location of the 272.5 foot contour, as it will exist after the cut and fill operation has been completed." Ministry of Transportation and Communications "The Owner should be advised that permits will be required from our Port Hope District Office prior to actual construction being undertaken." Ministry of Natural Resources "Bowmanville Creek is an important cold water fishery for the spring spawning run of Rainbow Trout and a fall run of Rainbow Trout, Brown Trout and Pacific Salmon. The wetland . . .6 i REPORT NO. : PO-180-83 Page 6 area at the mouth of the Creek is also a significant wildlife habitat. In order to maintain suitable habitat quality, storm water run-off erosion should be controlled at the development site. We recommend that the Municipality place the lands below the toe of the slope in a zone that will have the effect of prohibiting any buildings or structures , except those necessary for flood or erosion control . This will create a buffer area between the proposed development site and Bowmanville Creek." Ontario Hydro "Please find a copy of site plan showing approximate location of Hydro owned poles. The only work we see at this moment would be conductor relocation to any poles installed to facilitate a three phase feed to mall ." CN Rail "We have reviewed the application and have no objections to it as circulated." Durham Regional Planning Department "Further to your request for comments, we note that the proposed development is the subject of an Official Plan amendment application, our File 81 -26/0/N. Regional Council on February 2nd, 1983, resolved to enter into an agreement with the developer with respect to the provision of services prior to passing the adopting by-laws related to the proposed Official Plan amendment. To date, the required amendment has not been executed and we will keep you informed in this regard." Staff note that comments were not received from the Ministry of the Environment nor the Regional Works Department. In -the case of the former, we have assumed that they have no objection, and in the case of the latter, we have assumed that based upon the recent actions of Regional Council to authorize execution of an agreement with respect to the provision of services , that upon execution of that agreement .7 I REPORT NO. : PD-180-83 Page 7 a favourable comment with respect to Regional Public Works would be received. COMMENTS: When application for rezoning DEV. 81 -30 was considered by the Town of Newcastle, in conjunction with the proposed Official Plan amendment , it was determined based upon the Town 's commissioned market analysis, that a need does not yet exist within the Bowmanville Urban Area for any further commercial development aside from a Junior Department Store. Such a facility was provided for within the Town 's Planning documents and in fact, has been approved by Town Council as a third phase to the existing Bowmanville Mall , located within the Downtown. This consideration , coupled with the potential for negative impacts upon the historic CBD of Bowmanville and the Town 's commitments to the revitalization and improvement of this area, the Town was not in a position to approve either the Official Plan amendment application or the rezoning. The Town has consistently opposed the development of this site for a Shopping Mall based upon such planning principles. The proposal currently before us, is very similar to those previously considered by the Town, and I will therefore, not attempt to outline all of the technical details of the development proposal , inasmuch as the principle of development has not yet been established. I would note that, although a study purporting to be a market impact analysis was submitted to the Regional Municipality of Durham in support of this application, staff's review of that document identified a number of short comings, particularly with the underlying assumptions related to population growth in the Town of Newcastle. Bearing this in . . .8 i REPORT NO. : PD-180-83 Page 8 mind, and notwithstanding the fact that there has been no objection to the technical aspects of this proposal , staff are not in a position to recommend approval , inasmuch as the proposal is contrary to the intent of the Durham Regional Official Plan and the Official Plan for the Bowmanville Major Urban Area and that the proposed amendment to these plans would undermine the intent of these documents with respect to commercial development and Central Area policies. Staff are of the opinion that the findings and recommenda- tions of the market analysis prepared for the Town by IBI in 1979, are still valid and applicable, and remain concerned that there will be a significant negative impact upon the existing business community of the Town , should this proposal proceed. We would therefore recommend denial of application for rezoning DEU. 83-27 submitted by Pyythbow Developments Ltd. and that Council reaffirm its commitment to seek a referral if the Regional Municipality of Durham deems it advisable to approve Official Plan amendment application 81-26/D/NB. Respectfully suhmitted T.T. Edwards, M.C. I.P. Director of Planning � o TTE*jip *Attach. November 14, 1983 Applicant: Pythbow Developments Limited 48 St. Clair Avenue North, Suite 700 TORONTO, Ontario M4U 2Z2 i KEY MAP BOWMANVILLE I•~ I 13 12 INE11 10 (`• 9 8 i , I Q I CO , I D I Ir ❑ ONCE ION ST 1 AY OO� i I i z �O QQ�OQ BOWMA�IVILLE I.►``'�'� . CONC. I I O J D I OQ 1 ri z o 0 oDdD � I a B.FC >w w HIGH ° I I � SUBJECT-, 6A ' SITE REEK ( M• f_; —— i = , 1 a , _ i I D 0'..:;-!-250 500 : IOOOm 500 . ti