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HomeMy WebLinkAboutP-34-78 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING DEPARTMENT TELEPHONE 263-2231 — HAMPTON, ONTARIO, LOB 1JO TO: Chairman and Members of Planning REPORT NO.P-34-78 and Development Committee DATE: April 14,1978. SUBJECT: Supplementary Report on Application for Rezoning No.Z-A-3-10-1, Part of Lot 28, Concession 5, Clarke - Armstrong Stores On January 23, 1978, Report No.P-12 to the Planning and Develop- ment Committee (attached) was referred to the Director of Planning for a report. Report No.P-12 had expressed concern that the establishment of a shopping centre on the subject site could have a negative impact on the Hamlet of Orono, both in terms of possible flooding and in terms of its effect on the existing downtown area of Orono. We would recommend that an issue of this import should not be dealt with by the Committee or Council until a Public Meeting has been held to enable Council to be informed of the wishes of the residents of Orono. We would therefore recommend that the Clerk be authorized to arrange a public meeting to be held in Orono to deal with the subject appli- cation and that the Clerk be requested to submit the minutes of this meeting to the Planning and Development Committee. Respectfully submitted, No a J. Forrest; Assistant Planner. REPORT NO. P-12 REPORT ON APPLICATION FOR REZONING NUMBER Z-A-3-10-1, Part of Lot 28, Concession 5, Clarke - Armstrong Stores Limited 1. PURPOSE OF APPLICATION On October 17, 1977, an application was submitted for the rezoning of a 7.38 acre site located north of the fairground between Mill Street and Highway #354115 in Orono. The applicants are proposing a 61,500 square foot shopping centre on the site, containing a grocery store and several convenience commercial stores. 2. OFFICIAL PLAN PROVISIONS The site is designated "Hamlet" in the proposed Region of Durham Official Plan. It "Limited convenience commercial serving the Hamlet and its immediate surrounding area" may be permitted in Hamlets, "subject to the appropriate details in a district Plan." Section 10.4.2.7 also recognizes the existing water supply problem in Orono, and states that "the desirability and feasibility of providing municipal services to correct existing water and/or soil pollution problems within Orono shall be investigated in concert with the preparation of a district plan." There are two aspects of this proposal which could conflict with these Official Plan Provisions. First, it is doubtful whether a shopping centre with an ultimate retail area of 60,000 square feet, serving a service radius of 3 to 9 miles could be considered a "limited convenience commercial serving the Hamlet and its immediate surrounding area." Secondly, the Plan would not seem to permit the approval of a development of this nature prior to the formulation of a district plan for Orono. 3. PRESENT ZONE PROVISIONS The site is presently zoned R-1 in the Clarke Zoning By-law. The proposed development would require a commercial zoning. 4. CIRCULATION OF APPLICATION The application was circulated to the following agencies for their comments: (2) 1) Ministry of the Environment 2) Durham Planning; Department 3) Durham Works Department 4) Durham Health Unit 5) The Community Telephone Company 6) Ministry of Natural Resources 7) Ganaraska Conservation Authority 8) Ministry of Transportation and Communications 9) Orono Public Utilities Commission 10) Newcastle Works Department 11) Newcastle Building Department 12) Newcastle Fire Department The Ministry of the Environment, the Community Telephone Company and the Newcastle Fire Department did not reply and were assumed to have no comments. 5. RESUME OF COMMENTS 1) REGION OF DURHAM PLANNING DEPARTMENT - made the following comments: "The subject site is located in Orono, which is a designated "Hamlet" in the Durham Official Plan. Policies in the Plan state that prior to. development taking place, a district plan, delineating and detailing the land uses within the hamlet, shall be undertaken by the Council of the local municipality. Also, limited convenience commercial serving the hamlet and its immediate surrounding area, may be permitted if deemed des- irable by local Council. However, the proposed plaza, having a gross floor area of 60,000 square feet, serving a potential market of 5,000 to 7,000 persons within a 15 mile radius, would appear to be of a size larger than, and have a sphere of influence greater than, that which is permitted by the hamlet commercial policy. In addition, Official Plan policies have recognized the existence of water and/or soil pollution problems in Orono. In order to alleviate these problems, the possibility of providing municipal services is to be investi- gated in concert with the preparation of the district plan." 2) REGION OF DURHAM WORKS DEPARTMENT - submitted the following comments: "The Regional Works Department has no objection to the proposal related to the above noted amendment. However, we wish to provide the following information and conditions with respect to the provision of Regional services. Sanitary Sewers Municipal sanitary sewers are not available in the Village of Orono and the Regional Works Department has no plans to provide this service to the area. (3) Municipal Water Sup l There is adequate capacity in the existing Orono Water Supply System to pro- vide the domestic flow requirements of the proposed Shopping Centre. However, additional facilities are required to provide adequate flows for fire protec- tion. We are aware that the question of fire protection has been considered in the report prepared by Marshall, Macklin, Monaghan and their proposal to construct an inground reservoir, pumping station and private water distribution main is acceptable to the Region, provided that:- 1. A minimum of 6" Dia. watermain is constructed from the existing Orono System to the site. 2. Back flow prevention equipment is installed on the fill line to the reservoir. 3. Bulk meters are installed to monitor both domestic and fire protection supplies. 4. Adequate provision is made for an overflow on the reservoir and the discharge. Details of the foregoing requirements will be established through negotiation with the developer's consultant and the Region of Durham Works Department Design Division. It should be noted that the necessary watermains will have to be extended by the developer, from the existing 8" main on Mill Street to service the subject site. In conclusion, we wish to advise that as a condition of approval to this application, the developer will be required to enter into a servicing agreement with the Region to cover all Regional requirements, financial and otherwise, with respect to the provision of Regional services." 3) DURHAM HEALTH UNIT - comments as follows: "The above application for rezoning is tentatively approved, insofar as sewage disposal is concerned, by the Durham Regional Health Unit. The plaza will require the installation of a specialized disposal system , details of which have been discussed with the consultant. Volume of wastes will have to be controlled, as well, through selection of types of businesses permitted in the plaza." 4) MINISTRY OF NATURAL RESOURCES - advised as follows: "Our primary concern on this site is to minimize the detrimental impacts of runoff, siltation and pollution of the Wilmot Creek. Prior to preparation of this document, our biologist had preliminary telephone conversations with the planning staff of Marshall, Macklin, Monaghan Associates. At that time we outlined our concerns relative to water quality and quantity in Orono Creek and reviewed our fisheries management efforts within the Wilmot Creek watershed. These points are discussed on page 10 of the "Servicing Study". (4) 4) (continued) . . . . Our initial reaction is that a paved surface of several acres will undoubtedly increase peak storm flows into the nearby creek. The report states that "it is unlikely that a development of the nature of the proposed shopping centre would have any significant impact on the water quality or quantity in the Wilmot Creek watershed". Furthermore, it is claimed that "the increase in runoff as a result of the proposed development . . . . . . . . . would have a minimal impact on the drainage system We are also concerned with the details of the proposed improvement to the existing drainage swale (Drawing SIC-1 ) which ultimately drains to Orono Creek. The natural grassed waterway should be maintained. Excavation of a raw earth ditch or encroachment of raw fill could result in adverse effects on water quality. Fill and/or construction debris should not be placed in a manner or location such that natural surface flow patterns are unduly disrupted. The perimeter of the development proper, particularly any fill or new embankments should be sodded or otherwise stabilized as soon as possible to avoid sheet erosion/slumping all too common at plaza developments such as this. Finally, I should mention that the swale was identified as hazardland mapping prepared for the Region of Durham. This in fact is a rather minor problem, and can be handled in conjunction with the design of the drainage improve- ments described above. To summarize, we have no objection to the proposal, on condition that the detailed design of the improvements to the drainage swale be approved in writing by this Ministry prior to construction. The design of the improve- ments should meet the following criteria: 1. The watercourse should be on the surface, and in a reasonably natural condition. 2. The watercourse should be of a capacity to handle anticipated storm flows. 3. An erosion-control program should be in effect during construction and the final grades, landscaping and land use should be designed to reduce erosion over the long term." 5) GANARASKA CONSERVATION AUTHORITY - submitted the following comments: "The above proposal has been reviewed and given due consideration. The site of the proposed Orono Plaza is generally lowlying and a source stream of Orono Creek enters the northwest corner of the property and flows south along its western boundary. The north end of the property (approximately 40%) is relatively higher ground than the south portion and comparatively dryer. The south end of the property and the areas associated with the creek (approximately 60%) are lowlying and wet. The water table appears to surface throughout this portion of the property and, during inspection, surface water was present to a depth of 4 inches. Although most of the northern end of the property is open with grassed vegetation, the south end is vegetated in cedar and willow. The lowlying wet area acts as a discharge zone (ie. ground water from � upland area surfaces) . Also, this lowlying portion of the property acts (5) as a water holding area where water collects and is discharged into the stream slowly over longer periods of time. Holding the water in this area reduces high spring freshets downstream, and to some degree, maintains contin- uous flow during dry periods. This holding effect is important by reducing excess flow and flooding down stream (ie. culvert under racetrack in Durham Central Agriculture Society Park) , and by maintaining environmentally acceptable stream levels in the creek on site, as well as in Orono and Wilmot Creeks down stream. The proposed development of this property is extensive, including a large paved parking lot. Such development would virtually wipe out any water holding capacity of the site and contribute to higher flows downstream during peak runoff periods and reduced flow during dry periods. The high water table and discharge associated with the southern 60% of the property implies an adherent drainage problem and constraints to development. Also, during development filling, grading and construction would result in increased turbidity and thus decrease water quality downstream. The Conservation Authority has identified the site constraints and impli- cations of this proposed development with respect to the Authority's mandate proper management of the water resource." 6) MINISTRY OF TRANSPORTATION AND COMMUNICATION - stated that they would have no objections to the proposed amendment provided that there is no direct access to Highway #354115. 7) ORONO HYDRO ELECTRIC COMMISSION - advised that they have no objections to this rezoning. 8) NEWCASTLE WORKS DEPAR'T'MENT - submitted the following comments; "I. That the Owner enter into an Agreement with the Town of Newcastle subject to Works Department approval.. 2. That the entrance and egress routes be approved to the Town of Newcastle's specifications. This may require such itmes as daylighting of the intersection at Mill Street for truck turning movement. There are steep grades within these entrances and these could cause problems. 3. Another major concern is the outlet for the storm sewer drainage. There is flooding existing in the drainage Swale south of the pro- posed development. During spring runoff, flooding occurs on the school property and in areas reaches depths of up to 18 inches. Assuming that the parking lot would be asphalted, the increase in the storm runoff for this area would be 4 1-2 times greater, and therefore services improvements would be required to the storm drainage outlet. There would also be drainage requirements for the parking area, access routes and roof water leaders for the buildings. More detailed information would be required on the external drainage area and the times of construction. 4. All improvements would be required to meet the Town of Newcastle's Design Criteria & Standard Drawings." (6) 9) NEWCASTLE BUILDING DEPARTMENT - advised that they had no comment. 6. COMMENTS In the evaluation of the subject application, we must consider not only the suitability of the subject site for the purpose intended, but also the impact of the proposed development on the Hamlet itself, its downtown area and the surrounding area. The conformity of the proposed rezoning with the Region's Official Plan must also be considered. A. SITE CONSIDERATIONS (i) Drainage Our main concern with respect to the subject site is the drainage problem. The site is low and is part of a surface drainage system which extends from the area just south of Taunton Road south to the Orono Creek. We have been advised that in the sping of the year this drainage system causes water ponding on the subject site which at times reaches depths of 18". With the development of this site as a shopping centre, the paved parking area and improvements in the storm drainage, this storage capacity would be lost, and the volumes of water downstream would be increased while the runoff time would be decreased. We understand that the yard of the school to the south of the subject lands floods every spring. Flooding on this site, and on all other downstream properties would be increased if the proposed development were permitted to proceed. The only solution we could suggest to remedy this problem would be a complete reconstruction and enlargement of the storm sewer runoff drainage ditches from the northern boundary of the site south to the Orono Creek, with the costs to be borne by the developer. This could require the acquisition of a number of private easements and could also require replace- ment of the pipe under the Orono fairgrounds. (ii) Access Access to the subject land is proposed through an entrance approximately 105 feet wide consisting of separate ingress and egress driveways separated by a planting strip. However, the development of this entrance requires the acquisition of a lot and the demolition of an existing dwelling. If I the developer is unable to accomplish this, access to the site will not be adequate for shopping centre traffic. (7) We would suggest that if the proposed rezoning is approved, the entrance be redesigned to minimize the disturbance to the dwellings to be north and south of the proposed dwelling, and that any approval be conditional on the applicant acquiring the lot mentioned above. B. IMPACT ON THE EXISTING HAMLET Phase I of the proposed shopping centre would contain almost twice the retail floor area presently occupied in the downtown area. The grocery store would be almost three times as large as the existing IGA store. This, coupled with the existing parking problems, would probably result in the demise of the present downtown since the existing stores would either relocate to the shopping centre or be forced out of business. Approval of the proposed rezoning would be, if effect, approval of the relocation of Orono's downtown core. We do not feel that such an important decision should be made without first undertaking a detailed study of the downtown to see if the parking problems could be resolved and the area made more competitive. In our view the Market Feasibility Study undertaken by Mr. Kostka has three apparent shortcomings. 1. The trading area of the proposed plaza as defined by Mr. Kostka appears to be too large. We do not feel that the competition of Lindsay and Peterborough has been adequately considered on the north, nor have the planned growth of the Bowmanville Mall been considered. We would also expect that the growth planned for Newcastle Village would lead to an increase in commercial floor space there, which has not been taken into account. In short, we feel that the present and future trade area of Orono is likely to be considerably smaller than that shown in Mr. Kostka's report. 2. The annual growth rate of 3% for the area assumed by Mr. Kostka appears to be too high. Current Regional Planning Department pro- jections predict approximately 3.2% annual population growth for the Region as a whole and 2.5% for the Town of Newcastle, with much lower rates of growth likely in the hamlets and rural areas. q (8) 3. It appears now that the Liquor Control Board are considering other sites and may not be locating in the plaza. This decision affects the viability of the plaza. If the growth rate for the Orono area remains very small and the trading area is more restricted than Mr. Kostka suggests and the Liquor Store chooses to locate elsewhere, then the approval of this application could result in extremely fragmented shopping facilities, with both the Plazas and the present downtown suffering from high vacancies. The overall attractiveness of Orono as a shopping area could be reduced rather than increased. If the population of Orono is not expected to increase substantially then it would appear to be preferable to retain the present downtown and make an effort to improve traffic circulation and parking. If the only possible solution to the problems of downtown Orono is the relocation of the Central Area, several alternate locations should be investigated for the new site. We feel that this investi- gation would most effectively be done in conjunction with the formulation of a district plan for the Hamlet. C. OFFICIAL PLAN CONFORMITY As we mentionned in Section 2 above, the proposed Regional Official Plan would require that a district plan be completed for Orono before "limited convenience commercial" development is permitted. 7. RECOMMENDATION After a careful examination of all the factors enumerated above, we would recommend that no decision be made on this application until a district plan has been completed for Orono. If the Committee does not agree with this recommendation, we would suggest that any approval of the application be subject to the following conditions to be fulfilled prior to rezoning: 1. THAT the applicant commission a consultant to design a storm drainage system which will minimize detrimental downstream impacts of the proposed development, and pay an appropriate share of the costs of these improvements. i (9) 2. THAT the developer enter into a servicing agreement with the Region to cover all Regional requirements, financial and otherwise, with respect to the provision of Regional services. 3. THAT the applicant submit detailed design drawings of the improvements to the drainage swale to the Ministry of Natural Resources for their comments. 4. THAT the owner enter into an agreement with the Town of Newcastle. 5. THAT the applicant is successful in acquiring sufficient land to provide the combined entrance shown on drawing SK-l. Respectfully submitted, George F. Howden, Planning Director.