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HomeMy WebLinkAboutPD-57-82 i I, CORPORATION OF THE TOWN OF NEWCASTLE i PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO 1-0131,10 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 5, 1982 j REPORT NO. : PD-57-82 SUBJECT: APPLICATION FOR OFFICIAL PLAN AMENDMENT 81-26/D/NB - PYTHBOW DEVELOPMENTS LIMITED PART OF LOTS 12 and 13, BROKEN FRONT CONC. j BOWMANVILLE - OUR FILE: 81/26/D/NB RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-57-82 be received; and 2. Council adopt the following Resolution in respect of the above-noted subject matter: "Whereas on December 14th, 1981 , the Council of the Corporation of the Town of Newcastle approved the following Resolution: "Whereas the Council of the Town of Newcastle has received and reviewed an application to amend the Durham Regional Official Plan and the Official Plan for the Bowmanville Major Urban Area and an application to amend Restricted Area (Zoning) By-law 2111 , as amended, to permit the development of parts of Lots 12 and 13, Broken Front Concession, Bowmanville, for the purposes of a 179,721 square foot retail-commercial facility, And Whereas the approval of such applications would be contrary to the Council 's intent to encourage the redevelopment and revitilization of the historic Bowmanville Business District; Report No. : PD-57-82 . . ./2 And Whereas the need for additional retail commercial space has not been established by the applicants, nor is it evidenced or supported by the IBI Comprehensive Retail/Commercial Market Analysis (November 1979) commissioned by the Town; And Whereas the Council has by prior resolution approved the expansion of the existing Bowmanville Mall to include a junior department store, which expansion is consistent with anticipated growth patterns, supportive of the Town's development objectives and supported by the above-referenced IBI Retail Analysis; Now Be It Therefore Resolved that the Council of the Town of Newcastle recommends that the Regional Municipality of Durham deny application for Official Plan Amendment 81-26/D/NB as premature, and that application for amendment to Restricted Area By-law 2111 , as amended, Z-A-1-2-7 is hereby denied; and further, that the request by Pythbow Developments Limited for closing and conveying of the road allowance between Lots 12 and 13, Broken Front Concession, Bowmanville is also hereby denied" And Whereas on March 23rd, 1982, the Planning Committee for the Regional Municpality of Durham passed a resolution, Number 91 , as follows: "a. That Commissioner's Report #82-48 with respect to Official Plan Amendment Application 81-26/D/NB (Pythbow Developments Limited) be tabled; and b. That the Council of the Town of Newcastle be notified that the Regional Planning Committee is prepared to deal favourably with Official Plan Amendment application 81-26/D/NB and wish to give the local municipality the opportunity of forwarding to the Planning Committee any recommendations or conditions that they deem appropriate, and further, that such conditions be forwarded within one month." I v S Report No. : PD-57-82 . . ./3 Now Be It Therefore Resolved that the Council of the Corporation of the Town of Newcastle hereby advises the Regional Municipality of Durham that the position taken by the Town of Newcastle in respect of the subject application, as approved by Council on December 14th, 1981 and recited in the foregoing resolution, is hereby reaffirmed and the Council of the Regional Municipality of Durham is further advised that the Town is strongly opposed to the approval of the subject application for the reasons previously recited, and that should the Regional Municipality of Durham deem it appropriate to approve the subject application, the Town of Newcastle hereby gives notice of its intention to seek referral of the subject application to the Ontario Municipal Board." 3. That in the event that the Regional Municipality of Durham approves application for Official Plan Amendment 81/26/D/NB that staff and the Town Solicitor be authorized to file an objection to said approval and request the Minister of Municipal Affairs and Housing to refer the subject amendment application to the Ontario Municipal Board. BACKGROUND: On December 7th, 1981 , the General Purpose and Administration Committee considered Staff Report PD-194-81 * (copy attached) . Said Report outlined staff's review of the subject application for Official Plan Amendment and recommended denial of said application as premature. As a result of the Committee's consideration, the following resolution was approved by Council on December 14th, 1981 : i i Report No. : PD-57-82 . . ./4 "Whereas the Council of the Town of Newcastle has received and reviewed an application to amend the Durham Regional Official Plan and the Official Plan for the Bowmanville Major Urban Area, and an application to amend Restricted Area (Zoning) By-law 2111 , as amended, to permit the development of part of Lots 12 and 13, Broken Front Concession, Bowmanville for the purposes of a 179,721 square foot retail commercial facility; And Whereas the approval of such applications would be contrary to the Council 's intent to encourage the redevelopment and revitalization of the historic Bowmanville Business District; And Whereas the need for additional retail commercial space has not been established by the applicants, nor is it evidenced or supported by the IBI Comprehensive Retail Commercial Market Analysis, (November 1979) commissioned by the Town; And Whereas the Council has, by prior resolution, approved the expansion of the existing Bowmanville Mall to include a junior department store, which expansion is consistent with anticipated growth patterns supportive of the Town's development objectives and supported by the above-referenced IBI Retail Analysis; Now be it therefore Resolved that the Council of the Town of Newcastle recommends that the Regional Municipality of Durham deny application for Official Plan Amendment 81-26/D/NB as premature and that application for amendment to Restricted Area By-law 2111 , as amended, Z-A-1-2-7 is hereby denied and further, that the request by P,ythbow Developments Limited for closing and conveying of the road allowance between Lots 12 and 13, Broken Front Concession, Bowmanville is also hereby denied." The aforesaid Resolution of Council was forwarded to the Regional Municipality of Durham on December 16th, 1981 and following the Regional Planning Department's consideration of the application, Regional Planning Commissioner's Report No. 82-48 was submitted to the Durham Regional Planning Committee meeting of March 23rd, 1982. A copy of said * Report is attached for the Committee's information. Said Report not only recommends denial of the subject application but further recommends approval of an amendment to the j Durham Regional Official Plan to delete Section 8.3.2.3 which presently provides for an investigation on the part of the Region and the Town relative to locating a community central area within this vicinity. I Report No. : PD-57-82 . . ./5 As a result of the Regional Planning Committee's consideration, the following Resolution was approved: "a. That Commissioner's Report No. 82-48 with respect to Official Plan Amendment Application 81-26/D/NB (Pythbow Developments Limited) be tabled; and b. That the Council of the Town of Newcastle be notified that the Regional Planning Committee is prepared to deal favourably with Official Plan Amendment Application 81-26/D/NB and wish to give the local municipality an opportunity of forwarding to the Planning Committee any recommendations or conditions that they deem appropriate, and further, that such conditions be forwarded within one month." COMMENTS: In view of the position taken by the Durham Regional Planning Committee and their indication that they are predisposed to the approval of the application, it would be appropriate for Council to reiterate in the strongest terms possible the Town's concern relative to the potential impact of this development upon the Municipality. Staff are unable to recommend to Council that support be given to this application, or that recommendations or conditions be forwarded to the Region of Durham which could be incorrectly interpreted as being an indication of support by the Municipality. In fact, staff would suggest that should the Region of Durham proceed to approve the subject application for amendment, that they be advised that the Town strenuously objects to said approval and that staff be authorized to submit a formal objection on behalf of the Municipality and request the Minister of Municipal Affairs and Housing to refer the subject application to the Ontario Municipal Board. i Report No. : PD-57-82 . . ./6 Staff remain convinced that approval of the subject application would have disastrous effects upon the health of the historic business area and the potential for presently approved development to proceed in accordance with the Town's objectives for the Bowmanville Main Central Area. Staff do not feel it is necessary to reiterate the points made within staff Report PD-194-81 , however, we would remind the Committee of the letters of objection submitted to the Town and the Region by the Bowmanville Chamber of Commerce, the owners of the Bowmanville Mall and St. Mary 's Cement. Based on the foregoing and given the fact that there presently exists a surplus of retail space in the Bowmanville area, the fact that the existing identified need for a junior department store has been accommodated through approval of the Bowmanville Mall , Third Phase, and the fact that population growth for the Town of Newcastle, and specifically Bowmanville, has been extremely limited, staff feel it would be more than appropriate to reiterate our objection to the subject proposal and to advise the Regional Municipality of Durham of our objections, and if necessary, appear before Regional Planning Committee or Regional Council to make the point and stress the fact that should the Region approve the subject application, the Town will be requesting a referral to the Ontario Municipal Board. Respectfullvisubmitted, T. T. Edwards, M.C.I .P. Director of Planning TTE*mjc March 25, 1982 NIM