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HomeMy WebLinkAboutPD-194-81 i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 7, 1981. REPORT NO.: PD-194-81 SUBJECT: Application for Official Plan Amendment (81-26/D/NB) Application for Rezoning (ZA-1-2-7) Application for Road Closing and Conveyance (Road Allowance between Lots 12 and 13, B. F. Concession, Bowmanville) Pythbow Developments Ltd. Recommendations: It is respectfully recommended that; 1. Report PD-194-81 be received; and that 2. Council adopt the following resolution in respect of the above noted subject matters. "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 sq. ft. retail commercial facility; AND WHEREAS the approval of such applications would be contrary to the Council's intent to encourage the redevelop- ment 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; i Report No. - PD-194-81 Page 2 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 refer- enced 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, ZA-1-2-7 is hereby denied; and further that the request by Pythbow Developments Ltd. for closing and conveying of the Road Allowance between Lots 12 and 13, B. F. Concession, Bowmanville is also hereby denied." Background: On July 21, 1981, staff received the above noted application for rezoning. This was followed by receipt of an application for Official Plan Amendment on September 9, 1981. The applicant, Pythbow Developments Ltd. , is proposing the devel- opment of a 16,696 sq. m (179,721 sq. ft.) shopping mall, containing 15,272 sq m (164,391 sq. ft.) of retail and personal service space. The proposed mall would be located on a 15.5 ha (38.2 acre) site on the south-east corner of Regional Road 57 and Baseline Road abutting Highway 401 within the Bowmanville Major Urban Area. This particular site was the subject of a previous application submitted in 1976 by Western Auto Parts Ltd. The site is presently designated "Special Purpose Commercial" by the Durham Regional Official Plan and "Special Purpose Commercial" and "Major Open Space with Hazard Lands" by the Bowmanville Urban Area Plan. Sections 8.3.2.3 and 2.5.2 (ii) b) respectively of the aforementioned plans provide for the investigation of locating a Community Central _ Area within this vicinity. It is pursuant to these sections that the applicant has submitted the subject amendment request. The site is presently zoned as 'A' - Agriculture__by Restricted Area (Zoning) By-law 2111, as amended. The subject application for rezoning would facilitate the development of the proposed mall presuming of course, that the necessary amendments t6 the applicable Official Plans are approved. scb� Report No.: PD-194-8I Page 3 In accordance with the Regional procedures for processing Official Plan amendments and departmental procedures for by-law amendments, staff circulated the subject applications to various affected agencies and departments for review and comment. In-.addition, Regional Planning staff published public notices in respect of the Official Plan amendment to solicit public input. The following represents a summary of the comments received as a result of the circulation: Ministry of Natural Resources "We note that while the applicant requests the rezoning of 38.2 acres, only about 15 acres are to be developed. The remainder lies below the regional floodline. This Ministry believes that "Commercial" zoning is inappropriate for extensive lands below the floodline. These lands (ie. those lands east of thelimit of Land Usage") should be rezoned as a "Greenbelt" zone, thereby precluding future development. West of the "Limit of Land Usage", much of the proposed parking lot lies well below the regional floodline of 272.5 feet above sea level. On condition that the developer can submit an acceptable cut and fill proposal to the Central Lake Ontario Conservation Authority, we would have no objections to the proposed rezoning of those portions of the parking lot below the floodline. With reference to those portions of the property west of the - regional floodline we have no objections to the " g � proposed rezoning. Ministry of Transportation and Communications "Building, land use and sign permits must be obtained from our Port Hope District Office prior to actual construction being undertaken." Central Lake Ontario Conservation Authority "The proposed 38 acre site includes a smaller area (in the western flood fringe) where Authority permission to place fill was granted in October 1978. This proposed filling would raise a portion of the future parking area to the elevation equal to the regional flood level, 272.5 feet, referenced to Canadian Geodetic Datum. The remaining eastern parking area was to remain approximately at existing elevations below the regional floodline, however, parking would occur here during normal business hours, only. In addition, the proponent at the time indicated that exits would be available to the upper parking level and to Baseline Road, thus providing emergency egress. Fill was to be removed from the floodplain to balance that which would be placed in the proposed parking area. On these basis authority approval of the project, in principle, was granted 24 October, 1978. The lands which are subject to rezoning application ZA-1-2-7 are largely flood-prone and encompass a significantly larger area than the proposal formerly given preliminary approval by the Authority. The eastern limits of the site previously reviewed are approximately 1400 feet from the Bowmanville Creek. The subject rezoning application for 38 acres and the circulated site plan indicate that a commercial zoning category is now being sought for those lands extending eastward to within 175 feet of the Bowmanville Creek. Furthermore, the latest drawing does not indicate that the parking areas nearest the proposed mall will be raised above the floodline. It can be inferred that the parking area will be asphalted at approximately existing grades, thus providing no flood protection. Report No.: PD-194-81 Page 4 Based on the foregoing, we are unable to support proposed rezoning ZA-1-2-7. Newcastle Public Works "I have reviewed the subject application and submit the following comments for consideration: 1. That the applicant enter into an agreement with the Town of Newcastle and the Works Department be advised of the status of same at all times. 2. That the applicant design and construct all works to the Town of Newcastle's Design Criteria and Standard Drawings. 3. That a 10 ft. strip of land abutting Baseline Road be dedicated to the Town for future road widening. 4. That the road allowance between Lots 12 and 13 (Spry Avenue) be closed and conveyed in accordance with Town Policy. 5. That all required easements be granted free and clear of all encumberances. 6. That the applicant enter into a cost-sharing agreement for the upgrading of Baseline Road. 7. That the applicant enter into a cost-sharing agreement with the Town for the extension of storm sewer services on Baseline Road to the site. 8. That the applicant enter into a cost-sharing agreement with the Town to provide sidewalks on Baseline Road for pedestrian access to the site. 9. That the applicant be responsible for the provision of approved street lighting abutting their lands." Town of Newcastle Building Department "On receiving the site plan it was noted the most easterly entrance/ exit to the shopping centre is likely to handle the majority of the traffic. Because of the two-way traffic at this point and vehicles lining up for parcel pick-up at the supermarket there could be a traffic problem in this area which in turn could result in a block up of traffic on the Baseline Road." Town of Newcastle Fire Department "The Fire Department has no objection to the proposed shopping centre. There is a 12 " water main located on Baseline Road with adequate water supply for fire protection and sprinkler installation. Access to the area, with emergency response from Fire Station #1 Bowmanville, are within an acceptable travel distance for high value districts. Building design and construction to be in accordance with fire safety requirements for occupancy E, department stores, supermarkets and shops." Report No. PD-194-81 Page 5 Durham Regional Works Department "Municipal water is available to the subject land through the existing watermain on Baseline Road. With respect to sanitary sewer service, gravity drainage can be provided to the site by the existing trunk sewer at the Baseline Road/ Spry Avenue intersection. However, due to present constraints of the receiving pumping station (Bowmanville Creek Sewage Pumping Station) and also the downstream sewer on Baseline Road, between Hunt and Liberty Streets, the necessary reserve capacity is not immediately available to the subject proposal until this problem is alleviated by the construction of the Bowmanville Creek Trunk Sewer to phase out the operation of said pumping station. For the above reason, servicing of the proposal requires the construction of sanitary sewer from the existing Soper Creek Trunk Sewer to the Bowmanville Creek Sewage Pumping Station as marked in red on Attachment # 1, however, the Regional Works Department has no provision to construct such services in the Capital Budget at the present time. In view of the fact that the site can eventually be serviced, we have no objection to amending the land use designation of the subject land. However, it should be noted that development of said lands can- not take place until the availability of the necessary sewer capacity." In addition to the circulation comments, there were two letters of objection filed (attached) , one by the Bowmanville Chamber of Commerce and the other by St. Mary's Cement Co. A third letter, requesting formal notice of any meetings dealing with this application, was received from the solicitors representing the owners of the Bowmanville Mall. The two letters of objection are fairly self explanatory but high- light concerns relative to the impact of this proposal upon the Bowmanville downtown business area and current traffic problems and impacts related to the intersection of Baseline Road and Regional Road 57. Comments: Staff have reviewed the comments received through the circulation and public notice process and note that many of the concerns relate to site design and external improvements required to facilitate this proposal. These items can be addressed through a site plan agreement. However, Report No. : PD-194-81 Page 6 other concerns identified relative to flood susceptibility, traffic and impacts upon existing business areas cannot and require further comment. The subject lands are located within an area identified by both the Regional and Local Official Plans as requiring further investigation as,--.a potential "Community Central Area". In support of that investigation the applicants have submitted a Preliminary Traffic Report (dated March 15, 1974) and a Planning and Retail Study (dated September 1973) . Both of these documents were apparently prepared in support of the earlier application. Neither of these documents appear to have been revised since that time. For this reason staff have a great deal of difficulty in accepting some of the assumptions and conclusions contained therein. Many of which relate to an anticipated growth of Bowmanville to a population of 15,000 by 1978 and the suggestion that there have been relatively no additions to retail floor space. Neither of these statements have been borne out, given that the 1980 assessed population for Bowmanville was only 13,008 and the fact that the Bowmanville Mall, Veltri Complex, Waverly Plaza and King Street Plaza have all been constructed since that report was prepared. It was for these very reasons, the unanticipated slow growth of Bowmanville and the competing interests in establishing commercial centres of similar size and function, that the Town commissioned its own Retail Commercial Market Analysis in conjunction with the preparation of the Bowmanville Urban Area Plan. That study indicates that in 1979 there existed a total of 218,606 sq. ft. of retail space in the Bowmanville Main Central Area alone, with another 13,000 sq. ft. located external to this area in the Waverly Plaza and various other convenience stores throughout the area. , Report No. : PD-194-81 Page 7 Assuming the "most-likely" growth alternative demand for space in 1979 would be around 200,000 sq. ft. Even if the "high" population assumption is used the total demand in 1979 would only total 225,000 sq. ft. Similarily the projections for 1981 indicate a demand of 215,000 sq. ft. for the "most-likely" growth and 277,000 sq. ft. for the "high" growth alternative. Compared to the existing available space, which has not been significantly increased since 1979, these projections of demand would indicate in 1981 that a surplus of space exists for the "most- likely" projection and a short-fall for the "high" projection. The existence of a large amount of vacant retail space within the existing retail facilities bears this out but does not reflect the identified need for a specific type of retail space, being a junior department store which cannot be accommodated within any of the existing facilities save and except the Bowmanville Mall. In .that regard, Council has recently reaffirmed its commitment to the development of such a facility at that location through extension of the applicable site plan agreement. Therefore, based upon the IBI Retail Analysis which predicts the Bowmanville primary trade area population for 1981 as being 13,200, using the lowest assumption which compares with the 1980 assessed population of 13,008, there does not exist a present need for additional major retail space within the Bowmanville Urban Area. The subject proposal must therefore be considered premature. If approved this development can be expected to have an extremely detrimental effect upon not only the viability of existing downtown (Main Central Area) businesses but also the potential for expansion within that area. Expansion, of course, which would be consistent with Council's objectives to encourage the Report No. : PC-194-81 Page 8 redevelopment and revitalization of the Historic Business District, (witness the recent expansion of the Business Improvement Area, and commencement of a study to investigate new or expanded administrative facilities within this area) and to encourage new development which is supportive of and compatible with the Official Plan objectives of developing the Main Central Area as the focal area for commercial activity (witness the approval of the Third Phase Expansion of the Bowmanville Mall to include the much needed junior department store) . Given, the fact that there presently exists a surplus of various types 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, comparable with I.B.I.'s "low" growth alter- native, staff are unable to support approval of the subject proposal at this time. It would therefore be appropriate for Council to recommend denial of the application for Official Plan Amendment and :to deny the requested rezoning. Staff also note that a decision in respect of a road closing, re- quested by the applicants was deferred pending consideration of the Official Plan Amendment and rezoning - that item could now be dealt with and would be appropriately denied given staff's recommendations relative to the other matters. Respectful y 'si , b tted, r r" T. T. Edwards, M.C.I.P., TTE:cc Deputy Director of Planning. WAVERLEY ROAD ui Z 0 0 W = -i to 0 E UJ 0 0 01 < % 003 00 LN[8004'E 152.400m U-- col Arc=5.063m 0 0 A'c 5-06 APPLICATION FOR OFFICIAL Ch =5-063- E "a R=4808-555 m c i w C Brg N6 PLAN AMENDMENT 81-26/D/NB Ch Brg=N62040'42"E 0 N 0 c? N APPLICATION FOR REZONING cl t," Lit 0 .3 ZA-1-2-7 to (n t ui 0 9.196-ZN 1 4t45"E ai 0 N 17038'10"W 245-903m z RD. ALLOW BTW LOTS I: and 13 Al ( NOT OPEN) Arc=20-275m�l� N17038'10"W 243.383m Ch=20-275m z N72017'20"E R=4808-555m Ld Ch Brg N 6501115011 E It Lu 10-921M -1� too 0 4. Z r W t -4 in o 3 0) 0 M It ui o Z < 0 3:: 0 0 -4 to < 0 to T < 0 0 w cn 0 N 3 t- 0 c,j t- z N 1703415"W 211.275m 0 50 100 200- 50 10 - KEY MAP FORMER TOWN OF BOWMANVILLE 1- 25000 "jr''COT LOT\ LOT LOT 17 15 L 1 17 16 15 C-� I� 1 �'11 _- I o a � ° I� 0 � o BASE LINE_ FRQ. w 40 0 0 SUBJECT (-REEK