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HomeMy WebLinkAboutPD-48-89DN: 31 5(g) TOWN OF NEWCASTLE REPORT File # '30 -Z2; Res. # By -Law # MEETING: General Purpose and Administration Committee DATE: Monday February 20, 1989 REPORT #: PD -48 -89 FILE #: 87 -59 /D SUBJECT: APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN APPLICANT: MOSPORT PARK LIMITED PART LOT 33, LOT 34 AND PART LOT 35, CONC. 9, CLARKE FILE: 87 -59/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -48 -89 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle recommends the following: a) THAT the Official Plan Amendment Application 87-59/D submitted by Mosport Park Ltd. be DENIED as it relates to the development of 174 Residential Lots; and b) THAT the development of the additional tourist /recreational facilities at Mosport Park as proposed by the applicant be considered as an expansion of existing uses and variation to similar uses under Section 16.6.5 of the Durham Region Official Plan which can be dealt with through an application to amend the Town of Newcastle Comprehensive Zoning By -law; and 3. THAT Mosport Park Limited, The Procter Redfern Group.Mr. Kenneth Smith and the Region of Durham be so advised. 2... REPORT NO.: PD-48-89 PAGE 2 1. BACKGROUND: 1.1 On September 15, 1987, the Town received notice from the Region of Durham of an application submitted by Mosport Park Limited to amend the Regional Official Plan to permit the development of a multi - faceted Tourist and Resort Development on 2901 hectares at Mosport Park in Part of Lot 33, Lot 34 and Lot 35, Concession 9, former Township of Clarke (Attachment No. 1). 1.2 The requested amendment seeks, in addition to the existing racetrack, to permit the development of an oval dirt track and drag strip, a family amusement area (racing museum, motel and mini - golf), go -cart track, campgrounds, golf course, downhill and cross - country ski runs, a theme park, and a golf club which would double as a ski chalet (Attachment No. 2). 1.3 The original proposal also called for the development of 160 detached and 601 attached recreational residential units. This was later amended to 174 detached recreational residential units. 1.4 The applicant has argued that the proposed residential units are intended for seasonal or occasional use and therefore should not be considered as estate residential as defined by the Official Plan. The applicant is proposing that the Official Plan be amended to introduce a new "Tourist Node" designation with appropriate goals and policies to build on the existing attraction of Mosport Park. 1.5 A "Traffic Impact Analysis" submitted by the applicant concludes that the additional traffic to be generated by the Mosport Development site represents no significant change to the current operating conditions on a typical race weekend. It is noted, however, that the Region of Durham Road Needs Study (1986) identified a number of roads in the immediate vicinity which require improvement including Concession Road ...3 REPORT NO.: PD-48-89 PAGE 3 ------------------------------------------------------------------------------- 10 and Mosport Road bounding the north and east limits of the site, portions of Regional Road # 14, Regional Road # 57 and within the next five years, Regional Road # 20. The Traffic Impact Analysis identified critical intersections at Regional Road # 20/Regional Road # 57 and Regional Road # 20/Highway # 35. The Analysis also concludes that peak traffic flows may be staggered due to a variety of other facilities and there is sufficient potential area available on the site to provide parking for peak race day demand. 1.6 An "Economic Impact Analysis" submitted by the applicant concludes that the planned tourism development should attract an estimated 166,000 additional visitor days per annum by 1995, an increase of 740 over current levels. It would result in 102 man years of additional direct employment (both full-time and part-time) annually when fully operational. Over the seven year period direct expenditures would increase by 650. 1.7 A "Preliminary Geotechnical and Hydrogeological Evaluation" also submitted by the applicant concludes that the soil conditions at the site are generally favourable for the design of conventional septic tank and the drainage systems. Based on Ministry of the Environment water well records for the area, the report further concludes that the potential exists for the site to be developed with individual private wells, but recommends further detailed study prior to final approval. 2. OFFICIAL PLAN AND ZONING BY-LAW CONFORMITY: 2.1 The subject site is designated "Major Open Space - Oak Ridges Moraine', by the Regional Official Plan. Section 12.2.2 of the Plan permits golfcourses, campgrounds and fairgrounds in the major Open Space; as well, recreational uses are allowed in zoning by-laws provided they are compatible with their surroundings and are in conformity with the intent of the official Plan. __4 ­TAMA PAGE 4 2.2 Most of the site is zoned "Agricultural Exception (A-11)" by By-law 84-63 which permits a motor vehicle race track; the remainder is zoned "Agricultural (A)". 3. CIRCULATION: 3.1 The subject application was circulated by the Town and the Region to various agencies and departments to obtain comments. The following departments/agencies offered no objection to the proposal: - Ganaraska Region Conservation Authority - Public and Separate School Boards 3.2 Town of Newcastle Public Works Department - November 26, 1987 "We have reviewed the above-noted application and recommended that before this development proceeds that the owners provide this department with information relating to the following comments: 1. That a Functional Report be prepared with respect to the impact on Town roads (Mosport Road, Concession Road 10, Clarke, Concession Road 8, Darlington and the Darlington-Clarke Townline). The Functional Report shall include all the information listed in the Town of Newcastle's Design Criteria and any such information deemed necessary by the Director of Public Works. 2. That the Region of Durham is contacted regarding the designation of Darlington-Clarke Townline as a Regional Road. 3. That all works are completed in accordance with the Town of Newcastle's Design Criteria and Standard Drawings. 4. That any easements required by the Town be granted free and clear of any encumbrances. 5. That road widenings be dedicated to the Town that come as a result of the Functional Report. 6. That the developer will bear the costs (100%) of any works on Town Roads which are necessitated as a result of this development and the Functional Report. 7. That the developer contributes to the costs of reconstructing any abutting Town road which necessitated as a result of this development and the Functional Report. ...5 1 9 0 PAGE 5 Town of Newcastle Public Works Department ® November 26, 1987 (Cont'd) 8. That the developer meet all the requirements of the Public Works Department, financial or otherwise. 9. That the Owner enter into a Development Agreement with the Town and that this department be kept informed of the status of same at all times. 10. All of the other standard requirements re: Lot Grading, Site Servicing, Schedules of Work Performance Guarantees, Cost Estimates etc., should be included in the development". April 6, 1988 "We have reviewed the Traffic Impact Analysis and submit the following comments: 1. Some assumptions and conclusions reached are without true facts or reason. a) Quarry pit operations do occur on weekends, so trucks do present a factor to the traffic impact. b) It is very unlikely that a significant or measurable amount of traffic would access Mosport Park via Regional Road #42, Woodley Road, Best Road and Darlington-Clarke Townline Road, thus traffic volumes on major access routes are higher than reported. c) The amount of traffic leaving the site one hour after an event would be significantly higher than 400 from an on site observation. 2. The majority of traffic counts used for this analysis are somewhat outdated and do not reflect the recent revitalization of Mosport Park and the expanding mineral extraction development in the area. 3. The proposed construction of Highway # 407 is not going to relieve impact on local roads immediately or not likely to within the next 10 years. 4. No consideration was given to the intersection of Regional Road #20 and Concession Road 10 which has very high turning volumes and accident rates. 5. There is little or no consideration for the following proposed facilities which would significantly impact on local roads at various times: 1. Oval Dirt Track 2. Drag Strip 3. Family Amusement Area 4. Go Kart Track 5. Campground 6. Golf Course 7. Ski runs ...6 REPORT ND~; pD_48-89 PAGE 6 8. Theme Park 9. Recreational Housing We would suggest that this analysis be revised to reflect the above 3~3 The Town of Newcastle Fire Department indicated an objection to the application, noting a serious concern with the availability of sufficient quantities of water for fire fighting purposes. Response to this location would be from Station # 3, Orono which is on the border of the recognized five ndIe limit for insurance purposes. In an area where municipal water is not available, an adequate water ouDpIv for fire fighting purposes shall be assured by means of a reservoir (water storage tank) of adequate size to allow for sufficient water supply to cover an emergency, and shall not be used for any other purposes. 3.4 The Town of 0asvoaatle Community Services Department indicated no objection to the application and requested cash-in-lieu of 5% parkland 3.5 The Region of Durham Works Department has stated that a more detailed Traffic Study is required to permit the impact of the proposed development on the Regional Road system to be assessed. The Department does not aol4port the establishment of a communal water system for the residential component due to the high costs associated with construction, operation and maintenance and concerns regarding possible Inog term problems with quality and quantity. The Department also recommended that the developer undertake a comprehensive groundwater 3.6 The Region of Durham Economic Development Department indicated strong support for the application/ noting that the proposed uses are, for the most part, of a tourist nature and compliment the tourist aspects along with the motor sport elements of the development. The Department also indicated no objection to the proposed residential component. REPORT NO.: PD -48 -89 PAGE 7 ------------------------------------------------------------------------------ 3.7 The Region of Durham Health Department indicated no objection to the proposed residential development, but requested more detailed information in respect of both the proposed residential and commercial components. 3.8 The Ministry of Natural Resources noted that the subject property is identified by the Regional Official Plan as a high potential mineral resource area. A preliminary report of the property prepared in 1979 indicates that aggregate extraction is not commercially viable at the site due, in part, to the minor amounts of coarse aggregate encountered. The Ministry also noted that the headwater area of Wilmot Creek and a tributary of Soper Creek, both of which are significant trout streams, are located on -site, and accordingly, requested further information regarding the impact of the proposal on these water courses. 3.9 The Ministry of Agriculture and Food has no objection to the principle of developing the site, but noted an arc of influence as defined by the Agricultural Code of Practice relating to a small livestock operation to the west of the Mosport site (Attachment No. 2). 3.10 The Ministry of Transportation advised that the subject lands will not be directly impacted by any of the proposed Highway # 407 corridors under consideration by this Ministry. 3.11 Victoria County noted that their only concern related to the volume of truck traffic on Regional Road 20 generated by gravel extraction operations in Manvers Township, and the implications of this traffic on possible additional tourist traffic on the road. 3.12 Staff note for the Committee's information that comments are still outstanding from Ministry of the Environment. REPORT PD-48-89 4. PUBLIC SUBMISSIONS: 4.1 One hundred and eighty -six residents have submitted letters or signed a petition in objection to the proposed Mosport Park development and, in particular, the proposed residential development. The residents cited concerns regarding the possible permanent occupancy of the homes, the serious intrusion into a productive farming area including increased traffic, responsibility for the wells and septic systems, and noise pollution. 4.2 One Whitby resident and one Bowmanville resident who own land to the east of Mosport submitted letters in support of the proposed development. 5. COMMENTS: 5.1 The development proposal submitted by Mosport Park Limited consists of 2 distinct elements - namely, the expansion of the existing recreational facilities and the development of a new residential subdivision. 5.2 Expansion of Existing Tourist and Recreational Facilities 5.2.1 Pursuant to the provisions of Section 12.2.2 of the Durham Region Official Plan, the development of the golf course, campgrounds, pool, tennis and ski facilities are permitted in the "Major Open Space" designation and could proceed through amendment to the Town's Comprehensive Zoning By -law. ...9 REPORT 00.: PD-48-89 PACE 9 5.2.2 The family amusement area, theme park, oval dirt track and drag strip are not recreational oeeo as envisioned by Section 12.2.2. However, under the provisions of Section 16.6.5 of the Plan, existing ooeo which do not conform to the designations and provisions of the Plan my be rezoned to permit the continuation, expansion or enlargement of such uses, or variations to similar uses. Mosport Park Raceway is recognized nationally and internationally as an important motorapVz± facility. These latter-referenced facilities would be capitalizing on the biob profile and attraction cuczeotIl` provided by the existing raceway, and therefore could proceed through rezoning. 5.2.3 It abooId be noted that Section 16.6.5 requires that such uses must have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of the Official Plan. In this regard, such matters of traffic impact, noise and scale of the tourist development would be considered as part of the rezoning process. 5.3 PROPOSED RESIDENTIAL DEVELOPMENT 5.3.1 The applicant has stated that the proposed residential area would be an integral component of the comprehensive Moaport Park tourist node, with the residential units being targeted for porcboaeza attracted to the various recreational and motor sport facilities on the Moopoct site. The units are not intended to be permanent residences, but rather marketed as second homes, to be occupied by their owners on an occasional/intermittent basis. The applicant has compared the entire MDsport Dark development to other multi-faceted residential and recreational developments in Ontario, most notably in the District of Muskoka. The applicant has also indicated that there are several umtoragort facilities in the United States with associated residential development. 1 '•' •. �1 i i� PAGE 10 As a major tourist attraction in the Region, it is a recognized need that there may be a provided accommodation for persons attracted to the events and recreational facilities at Mosport Park. Staff do not, however, support the development of freehold, estate -type residential dwellings as a sound basis to provide for this need. Such units are not suitable for short -term visitors to Mosport Park. Much of the residential development associated with other tourist /resort facilities in Ontario is oriented -to temporary accommodation (hotels /motels) or condominiums, many of which have time -share or frequency of turnover requirements. As well, given that the residential units will be owned by individuals rather than controlled by Mosport Park Limited, the linkage between the residential and tourist components, in a legal sense, would be tenuous, thereby undermining the concept of a multi - facetted tourist node. The tourist resort facilities in the District of Muskoka are also not comparable to the proposed Mosport Park development in that they are not located in proximity to any major urban centres. Residential dwellings at the Mosport site would be close to the major employment centres of Toronto and Oshawa to be attractive as permanent residences, rather than second homes. The year -round recreational amenities such as the golf course and ski trails would also serve to icrease the attractiveness of the dwelling units as year -round residences. 5.3.2 Staff are concerned with the potential for permanent occupancy of the proposed residential units at Mosport Park. The dwellings are not intended for "seasonal /summer" use, but rather for intermittent use throughout the year. The Ontario Building Code would require the homes to be built for year -round occupancy and the subdivision roads would be built to municipal standards and maintained year- round. Planning Staff in area municipalities with a significant number of seasonal/ recreational homes have confirmed that there is an increased demand for year -round occupancy of such residences and that, for planning purposes, they no longer differentiate between seasonal and permanent residency. They have also noted a trend towards older people retirinq in their seasonal residences. ...11 REPORT N0,: PD-48-89 PACE II _______________________________________________________________________________ Mosport Park Limited has proposed a number of measures to discourage the permanent occupancy of the residential units. These oayaeuzee are discussed in detail in "Proctor and 8edferu`o ootmiaaioo to the Town on behalf of Moopoct (Attachment 0o. 3) and include the following: - restrictive covenants registered on title to the benefit of all homeowners, Mosport Park and the Town with the Town having the only right to waive the restriction. - provisions in the implementing zoning By-law. - notices io the Agreements of Purchase and Sale and iumarketing material. - Moaport Park Limited to retain the right to approve any/all future The Town's solicitor has indicated that the oueoonreo proposed by Mmaport Pack to restrict occupancy of the dwelling unite would not be very effective. Eutnzoeuneut of occupancy reatriotiouae and zoning by-law provisions would be the Town's responsibility given that the developer and property mmzeco have little vested interest in doing so. The difficulties in enforcing intermittent occupancy would make these restrictions essentially unenforceable. As well, notices of restrictions on occupancy in the Agreements of Purchase and Sale and in the marketing neteriaI would be effective only against the first purchasers of the property. 5.3.3 It is Staff's assertion that the recreational dwelling units would not be, or at least remain as, intermittently-occupied second dwelling units. They would become permanent residences. As a result, Staff considered the "recreational." residential use in much the same manner as Estate Residential development under the provisions of the Regional Official Plan. The Official Plan states that the proposed development should be located in a scenic well-vegetated area of rolling topography. In this regard, the proposed residential area is heavily treed with pleasant views in some spots to the south and over-looking the racetrack. ...l2 REPORT K0~: PD-48-89 PAGE 12 _______________________________________________________________________________ Estate residential developments are not to be located on lands having biob capability for agriculture or mineral extraction, or unduly restrict the use of adjacent properties for these activities. The subject site is not suitable for either agriculture or aggregate extraction. There are small scale agricultural operations to the south and west, although the proposed residential area is not affected by the Code of Practice Arc of Influence identified by the Ministry of Agriculture and Bbm]. The site is located in an area identified by the Official Plan as having biob potential for mineral aggregate resources. At the present time, there are 770 ha of land licensed for mineral aggregate extraction in the general area, including a 42 ha site immediately to the south east of the proposed residential development (Attachment 0o. 4). There are also additional lands being proposed for aggregate extraction in the general area. & goal of the Regional official Plan, in keeping with Provincial policy as outlined by the Mineral Aggregate Resource Policy Statement, is to protect high potential aggregate resources from incompatible land uses. Given the magnitude of concern expressed by residents already living in the area regarding the existing and proposed extraction operations, the introduction of a large number of new residents would not seem yzm]eut. 5.3.4 Lastly, Staff are concerned with the size ofthe proposed residential development. The development of 174 residential units would be larger than all of the existing hamlets in the Town with the exception of Orono and Hampton. It is more than twice the size of any estate residential proposal approved to date. The impact of such a development and the conflicts with rural land use activities would be intensified by its size. Moreover, permanent occupancy of these dwellings would create a demand for commercial and community services in an area which is somewhat isolated from these facilities at the nvnoeot. ...I3 BBP0BT 0O.: pD-48-89 PAGE 13 _______________________________________________________________________________ 6. C00CQD8IO03 & RECOMMENDATIONS: 6.1 In Staff's opinion the proposed residential development is not necessarily linked to the development of Mooport Park as a major tourist node. Due to the difficulties for the Town to enforce occupancy restrictions it must be viewed as a permanent residential development. Due to the potential conflicts with Provincially- important aggregate resources, the scale of the development and the likely demand for municipal services which can be expected from new residents, Staff are recommending denial of the residential component of the Mnopozt Park Official Plan Amendment Application. 6.2 The recreational/commercial component of the Mosport Park development proposal does not require an Official Plan Amendment inasmuch as the ooeo proposed can be considered through a rezoning aooliatiou Ducaoaot to the provisions of Section 12.2.2 and 16.6.5 of the Durham Region Official Plan. It is therefore recommended that the Region of Durham nlnao Official Plan Amendment Application 87-59/D as it relates to the proposed commercial/recreational development. Respectfully submitted, Franklin Wu, M.C.I.D. Director of Planning 6 Development JA8*DC*I0V*'ip *Attach. February 10, I989 CC: Moapoct Park Limited c/o Mr. Harvey 8mdea 73 Alueao Street Unit 6& Dovmnoview, Ontario M3J 2B2 See Attached List Recommended for presentation to the Committee --c�~------- ----------- Lawrence E oeff Chief Admini�itrative Officer Mr. Glen Easton The Proctor 6 Redfern Group 45 Green Belt Drive D00 MILLS, Ontario M3C 3K3 INTERESTED PARTIES ON MOSPORT OPA - FILE 87 -59/D 1. Mr. John E. Syer 10. Mr. and Mrs. Roy Scott 50 Horsey Street R.R. #2 Orono, Ontario Bowmanville, Ontario LOB IMO L1 C lY 9 623 -3718 983 -5977 Mr. and Mrs. Kenneth R. Smith 11. Mr. and Mrs. D. Luke R.R. #5 R.R. #5 Bowmanville, Ontario Bowmanville, Ontario L1C 3K6 L1L 3K6 -8497 (Chairman /Spokesman) 263 -2957 .263 3. Mrs. B. Walsh 12. Miss Grace Smith Mr. L. Grawbarger R.R. #5 Bowmanville, Ontario R.R. #1 Bowmanville, Ontario L1C 3K6 263 -2798 L1C 3K2 263 -8500 13. Mr. and Mrs. Tom Wilcock 4. Mr. and Mrs. Jack Purdy R.R. #5 Bowmanville, Ontario R.R. #5 Bowmanville, Ontario L1C 3K6 263 -25.57 L1C 3K6 263 -2932 14. Mr. and Mrs. Kevin Wood - 5. Mr and Mrs. Walter Loveridge R.R. #5 Bowmanville, Ontario 7687 Regional Road 14 L1C 3K6 R .R.#5 263 -2370 Bowmanville, Ontario L1C 3K6 263 -2317 15. Mr. and Mrs. Gabriel Kovacs R.R. #5 6. Mr. and Mrs. Bill Varcoe Bowmanville, Ontario R.R. #5 L1C 3K6 263 -2330 Bowmanville, Ontario L1 C 3K6 263 -8896 16. Mr. and Mrs. John Webb R.R. #5, Box 73 Bowmanville, Ontario .7. Mr. D. Dalzell L1C 3K6 R.R. #2 263 -2186 ~ -' Orono, Ontario -LOB 1M0 983 -5307 17. Ms. Shirley Skinner R.R. #5 Bowmanville, Ontario 8. Mr. and Mrs. W. Cane L1C 3K6 801 Fernhill Blvd. 263 -8167 Oshawa, Ontario L1J 5K5 579 -1711 18. Mr. and Mrs. Donald R. Davey R.R. #5 9. Mr. and Mrs. L. Helpard Bowmanville, Ontario R.R. #2 L1C 3K6 263 -2577 Orono, Ontario LOB IMO 983-9867 19. Mr. Jack M. Ferguson R.R. #5 Bowmanville, Ontario L1C 3K6 263 -2144 20. Mr. and Mrs. Henry Pannekoek R.R. #5 Bowmanville, Ontario L1C 3K6 263 -2575 21. Mr. and Mrs. Stephen Ulrich R.R. #5 Bowmanville, Ontario L1C 3K6 22. Mr. and Mrs. John Williams R.R. #5 Bowmanville, Ontario L1C 3K6 23. Mr. and Mrs. Douglas Ridge R.R. #5 Bowmanville, Ontario LFC 3K6 263 -8405 263 -8896 263 -8314 24. Mr. and Mrs. Harvey H. Broersma R.R. #5 Bowmanville, Ontario L1C 3K6 263 -2985 25. Mr. and Mrs. Larry Cooper R.R. #5 Bowmanville, Ontario L1C 3K6 26. Mr. David Snowden R.R. #5 Bowmanville, Ontario L1 C 3K6 263 -8048 263 -8476 27. Mr. and Mrs. Robert W. Cameron R.R.#5 Bowmanville, Ontario L1C 3K6 263 -2536 28. Mr. and Mrs. Harri Sagur R.R.#5 Bowmanville, Ontario L1C 3K6 263 -8464 29. Mr. Thomas V. Pleasance R.R. #5 Bowmanville, Ontario L1C 3K6 263 -2719 30. Mr. Steve Pleasance R.R. #5 Bowmanville, Ontario L1C 3K6 263 -2719 31. Mr. and Mrs. Doug Ryckman R.R. #2 Orono, Ontario LOB 1 MO 983 -5949 32. Mr.' and Mrs. R.W. Pakosta R.R. #5 Bowmanville, Ontario - L1C 3K6 263 -2171 33. Mr. and Mrs. John Hallowell Towniine Road R.R. #2 Orono, Ontario LOB 1MO '.983-5077 34. Mr. and Mrs. Ed Lepard R.R. #5 Bowmanville, Ontario L1C 3K6 263 -8429 35. Mr. Douglas F. Southweli R.R. #5 Bowmanville, Ontario L1C 3K6 263 -8025 36. Mr. Alexander Krebel 102 Exeter Road AMAX,_Ontario L1S 21 <5 37. Mrs. Edna Wood 46. Mr. K. McGill R.R. #5 R.R. #1 Bowmanville, Ontario Bowmanville, Ontario L1C 3K6 L1C 3K2 263 -2598 263 -2135 38. Mrs. M.A. Gibbs 47. Mr. Clarence Stainton and Family Box 40, R.R.#5 R.R. #1 Bowmanville, Ontario Bowmanville, Ontario - L1C 3K6 L1C 3K2 263 -2588 263 -2156 39. Ms. Laverne Taylor 48. Mr. and Mrs. Roy Paterson Box 34, R.R. #5 R.R. #1 Bowmanville, Ontario Bowmanville, Ontario 3owmanville, Ontario L1C 3K6 L1C 3K2 263 -8496 L1C 3K2 No Number 263 -2181 40. Mr. Don Skinner 49. Mr. and Mrs: John Bowler R.R.#5 R.R. #1 R.R. #5 Bowmanville, Ontario Bowmanville, Ontario L1C 3K6 L1C 3K2 U C 3K6 Bowmanville, 263 -2102 263 -2224 41. Mr. L.-Pascoe 50. Mr. and Mrs. Richard Van Heuvelen Box 39, R.R.#5 R.R. #1 Bowmanville, Ontario .- Bowmanville, Ontario LI-C 3K6 L1C 3K2 No number 263 -8588 42. Mr. Lloyd Skinner 51. Mr. and Mrs. Wayne Rusaw R.R.#5 R.R. #1 Bowmanville, Ontario Bowmanville, Ontario L1C 3K6 L1C 3K2 No number 263 -2748 43. Mr. and Mrs. Wade Penwarden 52. Mrs. Diane Adams R.R. #5 R.R. #1 Bowmanville, Ontario Bowmanville, Ontario UC 3K6 L1C 3K2 263 -8455 263 -2683 44. Mrs. Pearl Brown 53. Mrs. Anne McKee R.R. #5 Group 8, Box 8 Bowmanville, Ontario R.R. #1 L1C 3K6 Bowmanville, Ontario 263 -8496 L1C 3K2 263-2356 45. Mr. Clayton Brown R.R. #5 54. Mr. and Mrs. John Bertrim Bowmanville, Ontario R.R. #1 U C 3K6 Bowmanville, Ontario 263 -8496 L1C 3K2 263 -2394 v 55. Mr. and Mrs. Lars Christensen R.R. #1 Bowmanvi-lle, Ontario L1C 3K2 263 -25 71 56. Mr. Clinton C. Bigelow R.R. #5 Bowmanville, Ontario L1C 3K6 263 -8271 57. Mr. and Mrs. Fred Smith R.R. #1 Bowmanville, Ontario L1C 3K2 263 -8223 58. Mr. L. McKenna R.R. #1 Bowmanville, Ontario L1C 3K2 263 -2184 59. Mr. R. Oalzell R.R. #2 Orono, Ontario LOB 1M0 983 -5601 60. Mr. and Mrs. John Gorman R.R. #2 Orono, Ontario LOB 1MO 983 -5117 61. Mrs. Joyce Virtue R.R. #5 Bowmanville, Ontario L1 C 3K6 263 -8648 62. Mr. G. Flontek R.R. #5 Bowmanville, Ontario L1C 3K6 263 -8823 63. Mr. Julius Schmegner R.R. #4 & 5 Bowmanville, Ontario L1 C 3K6 983 -5 986 64. Mr. Gordon Martin 8 Winners Circle WHITBY, Ontario LIN 7B5 I- C ATTACHMENT #1 O.P.A. 87-59-/D REGIONAL RoAD20' • CONCESSION - • • oa:, 10 OAD • ® �• lz i i I O.P.A. 87-59-/D .. _ j1 MIN— Mm vs X I> !fir 0 1 #i►I'����' %��.��;�� �', 6:�' ��1 •�,�;�, �,� =ate! , - :�`�, ������ J i Mosport P. TOWN OF NEWCASTLE. 0.41- DM TR�CK-- Tito GO-KART TRACK 'Ziot. Master Plan • Tourist . • • ... •' • • . M No, 87216. TOTAL 290.01. PoAtw: 16,ji66,- The Proctor Group Consulting Engineers and Planners 88 10 28 Project EO 87216 Town of Newcastle Planning Department 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention Mr. Franklin Wu Director of Planning Dear Mr. Wu Re: Mosport Park Limited Official Plan Amendment Application File 87 -59/D ATTACHMENT #3 45 Green Belt Drive Don Mills, Ontario, Canada M3C 3K3 Telephone (416) 445 -3600 Fax (416) 445 -5276 Telex 06- 986173 NA, � N4`I 1 198 of ptiP P We wish to thank you for meeting with Mosport Park Limited and ourselves on September 8, 1988. At that meeting David Crome, Manager of Strategic Planning, and you verbally outlined the staff position in respect of this application. Essentially you indicated that all of the non - residential uses proposed could likely be deemed as permitted pursuant to Section 16.6.5 of the Regional Official Plan. You are therefore treating the Official Plan Amendment application as pertaining to the residential component only. The intent of the application we filed was to establish the new designation of "Tourist Node" in the Durham Regional Official Plan. We believe that such a designation would assist in the promotion of the "Durham Regional Tourism Development Strategy" (as recommended by the Regional Commissioners of Economic Development and Planning in their report number 87 -73 dated April 14, 1987) by: • stimulation of tourism investment in Newcastle and Durham • promotion of tourism as a growth industry • enhanced employment and economic opportunities in the Town and Region • improved Regional and Town image as a tourism opportunity area • expansion and enhancement of the existing Mosport Park facility. The Economic Impact Analysis, prepared by Pannel Kerr Forster, examined this multi- faceted tourism proposal, including the recreational residential component. The report identified substantial direct and indirect employment and expeditures as a result of the development as proposed. ..../2 Page 2 88 1028 Project EO 87216 We did not file an Official Plan Amendment application for an estate residential subdivision. The residential component is intended as a development of recreational residential units targeted to the market that is attracted to the various facilities proposed. It is seen as an integral part of a comprehensive tourist node. The subject Official Plan Amendment application responds to this demonstrated inter - relatedness between recreational/ tourism /resort activities and accommodation - the ski chalets of Collingwood, the multi - faceted residential and recreational development surrounding Horseshoe Valley, the Grandview, Deerhurst and Muskoka Sands developments in the Muskoka area, the Beacon Hill development in Aurora, etc. The discussions at our meeting focussed primarily on the residential component. Several issues were identified in respect thereof: • staff position that seasonal/ intermittent cannot be controlled and the residential is considered to be permanent occupancy • incompatibility with surrounding uses particularly gravel pits • impact on rural community • lot sizes too small • homes will not blend with the existing landscape but rather will necessitate substantial grading. PERMANENT OCCUPANCY The interest expressed to Mosport Park Limited prompted it's consideration of a comprehensive tourist node in this location. Included in this expressed interest is a desire for recreational /resort dwelling units located within the proposed park complex. The subject Official Plan Amendment application responds to the demonstrated inter- relatedness ._ between recreational /tourism /resort activities and accommodation - the ski chalets of Collingwood, the condominiums of Lake Muskoka, etc. These other resort destinations, such as in the District of Muskoka, have successfully implemented non - permanent seasonal intermittent occupancy restrictions on recreational dwelling units. Other examples include the Sandy Point Recreation Development located in Harvey Townhip which is in the North Kawartha Planning Area. Leisure needs are an increasing and permanent reality. The notion of recreational /resort residential uses in association with motor sport and active tourism uses is a feasible and marketable concept responding to these leisure needs. We believe that the market for permanent year round occupancy would likely be non- existent because of the tourist /resort nature of the adjacent facilities. These activities are seasonal and will ensure only ..../3 Proctor & Redfern r Page 3 88 1028 Project EO 87216 seasonal occupancy of the residential accommodation. The nature of the tourist destination resort proposal is intended to restrict and deter permanent residential occupancy of the residential components. It is intended that the dwelling units will be recreational in nature and occupany will be restricted to that,of a second home or resort. This will be enforced through restrictive convenants registered on title, clearly worded notice registered on title and through the implementing Zoning By -law. Additional measures that the developer will take are: • The Agreements of Purchase and Sale will contain a notice in bold print advising the purchaser that occupancy is limited to a recreational /seasonal nature and that municipal services typically provided to year round residential developments will not be provided for this development. It will be a requirement that the purchaser place his /her signature beside this bold print notice. • All marketing material will clearly state the nature of the occupancy. • Clearly visible signage will be posted at the entry(s) to the residential area advising of the nature of the occupancy and concomitant limitations on municipal services. Identical signage will be prominently displayed at the sales centre(s). • The proposed restrictive covenant re: recreational/ resort /seasonal occupancy will be to the benefit of all homeowners, Mosport Park Limited, and the Town with the Town having the only right to waive the restriction. • Mosport Park Limited will retain the right to approve any /all future sales. We cannot agree with your assertion that restrictive convenants are a "band - aid" solution. As a society we have a multitude of rules and regulations to live by. We are cognizant of the Town's concern about a demand for provision of municipal services. However, we cannot understand why the Town would feel obliged to provide these services to someone who knowingly has waived his right to them by virtue of the occupancy restrictions. We understand the Town's general concern about By -law enforcement and enforcement of restrictive covenants through court proceedings. However, in this case the onus will not lie with the Town. Mosport Park Limited fully intends to protect it's development and it's clientele from intrusion by people desiring permanent occupancy. Mosport is prepared to publicly commit to undertake action against anyone violating the restriction on occupancy. ....A Proctor & Redfern C Page 4 88 1028 Project EO 87216 LAND USE COMPATIBILITY We cannot understand and do not agree with staff's assertion that the recreational residential component of this application is incompatible with surrounding land uses, particularily gravel pits, for the following reasons: The Ministry of Natural Resources has voiced no objection to the proposed development, and sees no conflict or impact on or by the proposal. Surely the Ministry, within it's mandate, reviews development applications with a view to protecting the Province's aggregate initiative by considering potential impacts of extractive operations on residential uses and the impact of potential. resident complaints on extractive operations. - The concept plan calls for all exterior edges of the recreational residential area to be bounded by the golf course and existing dense vegetation will be retained. - No lot will abut the external road system of secondary roads which gravel trucks rarely use, nor will any lot be in proximity to a gravel pit. The residential area has no direct access to Road 20 which is the road carrying the most gravel truck traffic. - The concept plan places the residential area in a location which would not promote the use of these roads by gravel trucks. Trucks will not be permitted to use the residential roads by municipal by -law and signage to prevent noise and disturbance. - The notion of incompatibility because of residents utilizing the same roads as gravel trucks is difficult at best to understand. Surely roads are built to facilitate car and truck traffic. The traffic impact study we are now completing will address this issue. Mosport Park Limited negotiated with the administration of the former Township of Clarke to have Road 20 improved easterly from Road 57 to facilitate traffic flow to and from Mosport Park. It is ironic that the road improved at Mosport's impetus now carries gravel truck traffic that is viewed as a constraint on Mosport's development proposal. IMPACT ON RURAL COMMUNITY We do not believe that the recreational residential component impacts on the surrounding rural community for the following reasons: - The Ministry of Agriculture and Food has voiced no objection to the proposal with the exception of a stipulated Minimum Distance Separation requirement pursuant to the Agricultural Code of Practice. Proctor & Redfern Page 5 88 1028 Project EO 87216 The Mosport proposal is destination oriented. As such, it is unlikely that the users will interfere and /or disrupt the various components of the existing social fabric of the rural community. We believe that any impact on the rural community will be positive in the sense of the economic benefits that the rural community could realize from the supply of goods and services. LOT SIZES The concept plan envisions lots having a minimum size of 0.30 hectares. All lots back onto the golf course so their effective size certainly meets the Town's suggestion of 0.48 hectares. We would welcome further discussion on this matter. SITE GRADING CONCERNS The concept plan has been analyzed with respect to potential disruption of the existing landscape. With the exception of a couple of isolated locations were road gradients dictate some grading, the proposal appears to blend harmoniously with the existing landscape. We intend to submit a grading plan in accompaniment with the requisite and subsequent draft plan of subdivision application. Mosport intends to impose convenants regarding minimum dwelling size, setbacks, number of dwellings on the lot, control of exterior building facades as well as garages and /or carports. This will ensure that a minimum of disruption occurs to the existing landscape and that the recreational units blend with the site conditions. PROVISION OF MUNICIPAL SERVICES Garbage Collection - this can be handled in one of several ways. The Town could provide this service at a cost to the unit owner above and beyond property taxes. The unit owner could personally take garbage to the dump. The unit owner could contract collection to a local business. The developer, Mosport Park Limited could provide privatized collection services. The developer is prepared to post a Letter of Credit as /if required. Snowplowing - this can be handled in an identical fashion to garbage collection. Schools - since the residential units will be recreational/ resort in nature and occupancy will be restricted to that of a second home /part -time dwelling, permanent residency will not be permitted. As such, there will be no demands placed on the various aspects of the supply and delivery of education programming. ..../6 Proctor & Redfern Page 6 88 10 28 Project EO 87216 Both the Northumberland and Newcastle School Board and the Peterborough- Victoria - Northumberland and Newcastle Roman Catholic Separate School Board have responded to the subject application and have no objections to it's approval. - Police and Fire Protection - this is presently provided and will have to be provided for the other tourist node uses permitted. Protection for the recreational residential component should only have a marginal extra cost. MUNICIPAL REVENUES - The recreational residential component of this proposal increases the number of rateable properties in the Town. Additional municipal income is generated through property taxes and lot levies. Rateable value of the proposed recreational component is: 175 recreational units at an estimated average cost of $200,000 results in a _ tax base of $35,000,000. - The Assessment Office has provided a "ball park" estimate between $2,200 and $2,500 for property taxes. Using this estimated tax rate, the recreational residential component of our proposal would generate between $385,000 and $437,500 in 1988 tax dollars. Lot levies would provide the Town with (175 x $1,860) $325,500 in revenues. SUMMARY In conclusion we believe that seasonal or part -time occupancy of the recreational residential units can be successfully implemented and that there will be no undue financial implications placed on the Town. The recreational residential component of this proposal represents an integral component of the overall concept and responds to the demonstrated inter- relatedness between recreational /tourism /resort activities and residential accommodation. It should not be considered as a permanent occupancy estate residential application. Mosport Park Limited has a clear interest in protecting the tourist node nature of it's proposal and has no intention of allowing permanent occupancy of the recreational residential units. Such occupancy has deleterious implicatons on the other proposed uses and Mosport will exercise the proposed restrictive covenant to prevent this. •.../7 Proctor & Redfern C' Page 7 88 10 28 Project EO 87216 As a final note, we have the distinct impression that staff are of the opinion that Mosport Park Limited only wants to create fee simple freehold lots and that the balance of the proposal will never materialize. If this impression is in fact true, we would advise that Mosport Park Limited intends to fully implement it's proposal and that to this end it would be happy to discuss a phasing program that would link recreational residential development with tourist attraction development. We would be pleased to discuss this matter further with you. Yours very truly The Proctor do Redfern Group Glen Easton, OPPI, MCIP, AICP Senior Planner GE /am cc: Mr. Harvey Hudes, President and General Manager, Mosport Park Limited Mr. Bernard Kamin, Q.C., Vice - President, Mosport Park Limited Proctor & Redfern Z 'ONOO 1 'ONOO I 'ONOO 6 'ONOO 8 'ONOO 1 \� -�� \ /_� � ,. ♦ - \� �`i „�1 `\���T'_ '� Cry /I�/ `i:1i�� t'\ I��L /_C�t\ J_L,Tj ilcr \ / / \1. \f -/� 1 ``\ i \�I�l, r:. /� i i -S / /l �` /;\♦ 1���1` /_t i` %/ \,',` \\i \` /I I j, /1� I it lit � _\/ /- / /\ f \/ ,�. �. t `/ :� � If \�` III /�l{� a ?f ^II � ./♦ I o= ,`�:liv+l� t.Ii/i \itt;\a.g!C{ z ------- :<f �...?OA.sti^^ --------\ - LLJ ♦ 1 \ ` /\ lyl..r / �� 1 / / :t .�+ \: .1^!T- - - -- \IL:, /\ ♦' /'I` \i�.I trt` - --- 1 �� -- 1 !�.i -- - - - - - - - - - CL ZI M � �1��� \i �' 1 � • � \ \i\ / - "7�Sa� t_•4VOid,. /......ilOdSOW f - - -- _, N'tY 'l.: W l 3N1 MO l HVIO -NO1JN -18va J W w Z WW CL Q J H f- `\/ /� / -�� Z J Q OQ zw W U' UQCC =C9 /�"`a %jam li.l \mil \ /�� --- - - -- -- - - - - - -- - Z U)z Q �1 j , �4 =�1 lz�%�/ .4 \� a �!/ \! \''• %tiK-eF«a \C�,�O�/� _ X C� w _ \ �_� /' ` /`i /' A/ \ /'\ �1^ / i -� `I- 1 ■O 1 j \� \i - 1VN0193U W J Q. im Q 2 r` - l >t��`�i hI= \ /,Lr ��`, / \-•,N \ \/ % \/L.`ct /----- - - - _CD - - - -- ■ P r2i In 'f li /ill 1' `iJ i I -I \ /O'\ -.4 -\ o 01 'ONOO 6 'ONOO 8 'ON OO L 'ONOO