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HomeMy WebLinkAboutPD-180-81 i CORPORATION OF THE TOWN OF NEWCASTLE 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 OCTOBER 26, 1981 REPORT NO. : PD-180-81 SUBJECT: Bowmanville Mall Phase III Development Agreement Our File: S-P-2-14 I Recommendations: It is respectfully recommended: 1. That Report Pd-180-81 be received; and 2. That Council adopt the following resolution in respect of the above noted subject matter. "WHEREAS Council did on July 23, 1979 approve resolution PD-330-7q giving approval in principle to the Phase 3 expansion of the Bowmanville Mall and did direct the Director of Planning to prepare a draft by-law for the aforesaid Phase 3 expansion and further to prepare a Development Agreement for said proposal. AND WHEREAS on October 22, 1979, Council of the Corporation of the Town of Newcastle approved By-law 79-116 which further amended Restricted Area By-law 1587, as amended; and which rezoned the site of the Bowmanville Mall to permit the Phase 3 expansion. AND WHEREAS said By-law 79-116 was approved by the Ontario Municipal Board on November 26, 1979. i Report No. PD-180-81 Page 2 i AND WHEREAS on November 5, 1979 Council approved By-law 79-125 authorizing the execution of an agreement between the Corporation of the Town of Newcastle and L.D.C.M. Investments Ltd. and Baramond Builders Ltd. in respect of the Phase 3 development of the Bowmanville Mall, which agreement was duly executed and registered in the registry office of the Land Registry Division of Newcastle (No. 10) as instrument No. 97046. AND WHEREAS said Development Agreement is due to expire on November 26, 1981 under the terms of the said agreement. AND WHEREAS the matters and circumstances which gave rise to Council's aforementioned approvals have remained substantially unchanges inasmuch as: The Regional Official Plan designates this site as part of the "Main Central Area" of the Major Urban Area of Bowmanville; the principal retail facilities serving the Bowmanville Urban Area are now located within the Main Central Area; market analyses conducted on behalf of the Town and the owners of the Bowmanville Mall have confirmed the need for D.S.T.M. type space in the Bowmanville Urban Area and the significant deficiency is a junior department store; the proposed Phase 3 expansion would be complementary to the existing distribution of retail space within the Main Central Area, the citizens of the Bowmanville Urban Area have expressed a desire for a junior department store, the site is designated as part of the Commercial component of the Bowmanville Main Central Area by the Bowmanville Urban Area Plan, approved by Council on July 13, 1981 ;and the site has been zoned to permit the development of a Phase 3 expansion which is to include a junior department store. i AND WHEREAS the Council of the Town of Newcastle has received a request from the owners of the Bowmanville Mall for an extension to the expiry date of the afore- mentioned development agreement authorized by By-law 79-125. I i .9%5(h) Report No. PD-180-81 Page 3 l AND WHEREAS Council recognizes that the present state of the economy has had a detrimental effect upon the completion of the Phase 3 expansion and acknowledges that the owners of the Bowmanville Mall are desirous of completing the development of the Bowmanville Mall to serve the existing needs of the community. AND WHEREAS Council is satisfied that there is no need for any other changes to the terms and provisions of the existing development agreement. NOW THEREFORE BE IT RESOLVED that Council j hereby approves a two year extension, to November 26, 1983, of the Development Agreement between the Corporation of the Town of Newcastle and L.D.C.M. Investments Ltd. and Barmond Builders Ltd. authorized by By-law 79-125 and registered in the Land Registry Office Division 10 (Newcastle) as instrument No. 97046 and hereby directs the Clerk to prepare the necessary by-law authorizing the execution of an agreement between the said parties to amend the aforesaid development agreement to incorporate the above referenced extension. Background and Comment: I On October 5, 1981, Council received a request from Mr. R. Elliott, on behalf of the owners of the Bowmanville Mall, for an extension to the i i Site Plan Approval for the Phase 3 expansion to the Bowmanville Mall. On October 13, 1981, Mr. Elliott appeared before the General Purpose and Administration Committee to further explain his request. As a result of i his representations this matter was referred to staff for a report. As the Committee is no doubt aware, in July of 1979, Council for the Town of Newcastle approved a Phase 3 expansion to the Bowmanville Mall. I Following directly therefrom Council subsequently approved an amendment to i i Report No. Pd-180-81 Wage 4 Restricted Area (Zoning) By-law 1587 (Oct. 22, 1979, By-law 79-116) and a Development Agreement (Nov. 5, 1979, By-law 79-125) in respect of the aforesaid Phase 3 expansion. I i The subject development agreement followed the Town's usual i format and called for an expiry of the agreement if a building permit had not been issued upon expiry of two years from the date of final approval of the zoning by-law required to permit the development of the site for the proposed uses in that regard, final approval was granted by the Ontario Municipal Board on November 26, 1981:; As the Committee is also aware the proposed Phase 3 expansion is to contain a junior department store of 5,128 sq. m (55,200 sq. ft.) as well as some 1,430 sq. m. (15,400 sq. ft.) of unspecified general retail commercial space. The need for this type of retail development has been substantiated on numerous occasions by the developers of the Mall and more recently in October of 1979, by consultants retained by the Town. However, recent economic conditions have made it somewhat difficult for the proponents of the Mall to secure the necessary i commitment for a department store. Similarly, it has been anticipated that substantial residential development would be proceeding in the immediate vicinity of the Mall thus reinforcing the existing need for a junior department store. This development has not yet occurred. Again presumably due to economic conditions. However, bearing in mind the existing need identified by prior market analyses, the completion of the Mall is not only desireable but forms a logical and complementary i addition to Bowmanville's Main Central Area as designated by both the I Regional Official Plan and the Bowmanville Urban Area Plan. In fact, i i Report No. PD-180-81 page 5 given the present zoning of the site the only question which remains is in respect of the form and design of the development of the site. In that regard, there are a number of possible alternatives I being: 1. an expansion to the Mall to include a junior department store as proposed; 2. an expansion to the Mall to provide a continuation of unspecified smaller retail stores; 3. a free standing retail building. Staff have reviewed these options and are satisfied that the present proposal most adequately meets the Town's objectives in respect I of this site. In fact it would appear to be in the Town's best interests to maintain the present agreement thus protecting its objective of seeing the Mall completed in a form which best respects the needs and desires of the residents. Based on the foregoing staff would have no objection to a further extension of the Phase 3 site plan approval. It would be appropriate, therefore, for Council to authorize an amendment to the existing agreement and provide the owners of the Mall with the requested extension. Staff would suggest that a further two (2) year period would be most appropriate under the circumstances. Respectfully submitted,_,__ (� I T.T. Edwards, M.C.I.P. I Deputy Director of Planning TTE:ld October 19, 1981