HomeMy WebLinkAboutPD-191-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: OP90-022 .GPA
REPORT
PUBLIC MEETING C'o
Meeting: General Purpose and Administration Committee File# 'L_2�f�t-
J
Date: Monday, September 9, 1991 Res. #
PD-191-91 OPA 90-022/D/N By-Law#
Report#:- File#: DEV 90-22
Subject: OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND SITE PLAN
APPLICATIONS 841221 AND 841222 ONTARIO LTD. (NEWCASTLE ON THE LAKE)
PART LOTS 5 AND 6, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF
DARLINGTON
Recoj,tmenj%flon�espectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-191-91 be received;
2 . THAT the application to amend the Durham Regional Official Plan,
the Town of Newcastle Official Plan and Town of Newcastle
Comprehensive Zoning By-law, submitted by Larry Gold of Walker Gold
Fox and Schwarz on behalf of 841221 and 841222 Ontario Ltd. be
referred back to Staff for further processing and the preparation
of a subsequent report;
3 . THAT the interested parties listed in this report and any other
delegations be advised of Committee and Councils decision.
1. APPLICATION DETAILS
1. 1 Applicant: 841221 and 841222 Ontario Ltd.
1. 2 Agent: Larry Gold, Walker Gold Fox and Schwarz
1. 3 Proposed Uses: (See Attachments 1 & 2)
Phase 1: 1A a) An eight (8) storey, 225 suite hotel and
conference centre with associated recreational
facilities, retail shops and parking.
1B b) Three condominium buildings .
Building A 6 storeys, 165 units
Building B 4, 6 and 7 storeys, 270
units
Building C 5 and 7 storeys, 237 units
Total: 672 units
Density: 96 units per net residential hectare
REPORT NO. : PD-191-91 PAGE 2
Phase 2 : 2A c) Three condominium buildings
Building D - 5, 6 and 7 storeys, 119
units
Building E - 4, 6 and 7 storeys, 274
units
Building F - 6 storeys, 220 units
Total: 613 units
Density: 90 units per net residential hectare
2B d) Future Hotel Site, no details are shown
Proposed Parkland dedication 10 . 1 acres
1.4 Durham Region Official Plan Amendment:
From - Major Open Space System - lands affected by
Section 12 . 3 . 3 .
To - Adjust the urban area boundary and add urban
land use designations and policies to permit
the appropriate uses .
1.5 Town of Newcastle Official Plan:
From - No existing designation.
To - Adjust Bowmanville Urban Area boundary and add
urban land use designations and policies to
permit the appropriate uses .
1.6 Zoning by-law Amendment:
From - "Agricultural (A) " and "Environmental Protection
(EP) "
To - An appropriate zone to permit the proposed uses.
1. 7 Area: The applicant owns 23 . 14 hectares (57 . 17
acres) .
2. LOCATION
2 . 1 The subject site is located in Part Lots 5 and 6, Broken Front
9
REPORT NO. : PD-191-91 PAGE 3
Concession in the former Township of Darlington, between Bennett
Road and Lambs Road, south of the Canadian National Railway.
(Attachment 3)
3. EXISTING AND SURROUNDING LANDS
3 . 1 Existing Uses : -Vacant
3 . 2 Surrounding Land Uses: East - Vacant agricultural lands, Wilmot
Creek Retirement Community.
West - Two single family dwellings and
vacant agricultural lands .
South - Lake Ontario
North - Canadian National Railway; Hydro
corridor; vacant lands, a portion of which
have been recently given draft approval
for an Industrial plan of subdivision
(south Bowmanville Industrial Park,
Oceanfront Developments Ltd. )
4. BACKGROUND
4 . 1 On February 23, 1990, the Town of Newcastle received an application
submitted by Larry Gold of Walker Gold Fox and Schwarz on behalf
of 841221 and 841222 Ontario Ltd. to amend the Town of Newcastle
Comprehensive Zoning By-law and for Site Plan Approval .
Subsequently, on March 9, 1990, the Town of Newcastle received
notice from the Region of Durham of an application to amend the
Region of Durham Official Plan and Town of Newcastle Official Plan.
The applications were given a preliminary circulation in March
1990 . However, a Public Meeting was not scheduled for the proposal
at that time, since the applicant did not submit any documentation
supporting the development of proposed uses . The applications were
recirculated in July 1991 upon receipt of the second submission,
and this Public Meeting was scheduled.
,) _ �
REPORT NO. : PD-191-91 PAGE 4
4 .2 The initial applications proposed mixed use tourist, commercial,
residential and recreational uses in two phases of development.
a) Phase 1 - 225 suite hotel/conference centre
- 577 Condominium units
- 3 storey, 2787 sq. meters (30,000 sq. ft. ) of
office space
Density - 60 .7 per net residential hectare.
b) Phase 2 - Future 225 suite hotel/conference centre
- 580 Condominium units
- 3 storey, 2787 sq. metres (30,000 sq. ft. ) of
office space
Density - 58 .5 per net residential hectare.
The proposal also included the associated recreational facilities
and marina.
4 . 3 The revised project proposal (described in Section 1. 3)
introduced a number of changes: the marina and office buildings
have been eliminated, the residential units have been increased
from 1157 to 1282, the residential density has been increased
from 59 . 6 to 92 . 9 units per hectare, and a number of minor
changes have been incorporated into the hotel complex.
4. 4 The Bowmanville Waterfront Study was initiated as a result of
this development application, an official plan application
submitted directly west of the subject site for residential uses,
and a Council resolution in 1989 directing staff to investigate
the future land use options in the Port Darlington Area. Staff
in association with F.J. Reinders and Associates have produced a
Draft Secondary Plan for this area, brought before Council in
September 1990. The Draft Secondary Plan requires revisions as a
result of agency circulation and pending the outcome of a
subsequent studies : functional alignment study and the
determination of the floodline on the east side of the harbour.
Staff expect the consultants will be able to finalize the plan
within the coming months .
5 �
REPORT NO. : PD-191-91 PAGE 5
In order to allow for the comprehensive consideration of the
waterfront area, both applications may not proceed until the Port
Darlington Secondary Plan has been finalized.
5. OFFICIAL PLAN POLICIES
5. 1 In order to achieve the uses desired the applicant requires a
number of amendments to the official plans .
a) Amend the existing Durham Region Official Plan and Town of
Newcastle Official Plan to include this area in the
Bowmanville Urban Area.
b) Amend the existing Durham Regional Official Plan and the
Town of Newcastle Official Plan to permit the residential
and commercial and associated uses .
5 .2 Within the New Durham Region Official Plan the subject site is
within the Urban Area Boundary for Bowmanville and Newcastle
Village. The site is designated as Waterfront Major Open Space.
The general policies within this designation require the main
features of Waterfront areas shall be protected for their special
natural and scenic features, their roles as predominant landscape
elements in the Region and the recreational opportunities that
they facilitate.
In addition, waterfront plans shall address, the recommendations
of the Crombie Commission, recreational opportunities, public
access to the waterfront, conservation of wetlands and other
matters deemed necessary by Council.
5 . 3 The draft Port Darlington Secondary Plan, designates the subject
site as Residential - Medium Density (25-50 units per net
residential hectare) "Hotel" , Marina" and "Convenience
Commercial" and "Open Space - Shoreline" .
REPORT NO. : PD-191-91 PAGE 6
6 . ZONING BY-LAW CONFORMITY
6 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63
the subject property is zoned "Agricultural (A) " and
"Environmental Protection (EP) " . As the proposed uses of the .
subject property do
not comply to the present zoning provisions, the applicant has
applied to appropriately amend the zoning by-law in order to
permit the proposed uses.
7. PUBLIC NOTICE AND SUBMISSIONS
7 . 1 The appropriate signage acknowledging the applications was
installed on the subject property. In addition, the appropriate
notice was mailed to each land owner and tenant within the
prescribed 120 metre distance.
7 .2 No written public submissions have been received with regard to
this application at the date of the writing of this report.
8. AGENCY COMMENTS
8. 1 The subject applications as revised were circulated by the Town
and Region to various agencies and departments to obtain
comments . The
following agencies/departments have not responded to date:
Town of Newcastle Public Works
Newcastle Hydro
Central Lake Ontario Conservation Authority
Separate School Board
Regional Works
Ministry of Transportation
Ministry of Natural Resources
Ministry of Environment
Ontario Hydro
Royal Commission on the Future of the Waterfront
8 .2 The Town of Newcastle Fire Department has noted concerns with the
increase in population in the area and the inability to provide
an adequate response time in case of emergency given the poor
r
REPORT NO. : PD-191-91 PAGE 7
conditions of the access points. If the proposal is approved the
residential condominium units, hotel and conference facilities
would require to comply with the appropriate aspects of the
Ontario Fire and Building Codes .
8. 3 The Town of Newcastle Community Services Department note that
approval of the proposal would be premature in light of
waterfront related studies being prepared by the Province and the
Town. The Department has reserved comments until the studies
have been completed, however, have identified some matters to be
considered:
i) a park location shall be capable of allowing public access
to the waters edge;
ii) 8-10 acre park in the vicinity of the lands subject to the
application;
iii) the park location should be exclusive of any required hazard
setback from the waters edge;
iv) a trail system should be identified along the waters edge.
8. 4 The Northumberland and Newcastle Board of Education have noted
that the proposal would generate approximately 438 students. The
School
Board requires a school site for this development. Furthermore,
the School Board requests that the applicant enter into an
agreement with the Board for future purchase of the school site
as a condition of Draft Approval.
8 .5 The Canadian National Railway note that residential uses are not
compatible with the operations of the railway. However, the
proponent will be required to comply with the Principal Mainline
Requirements and Noise, Vibration and Safety Policies of the
Railway, which includes among other things a 30 metre setback
from the Railway right-of-way, 1. 83 metre chainlink fence and a
2 .5 metre safety berm.
8 .6 The Ministry of Agricultural and Food has offered no objection to
the proposal.
r
J . �
REPORT NO. : PD-191-91 PAGE 8
8. 7 Fisheries and Oceans have offered no objection to the proposal
given that the off-shore marina component has been withdrawn.
8 .8 The Ministry of Tourism and Recreation have noted that the
development is premature pending the completion of the
Bowmanville
Waterfront Study.
9. COMMENTS
9 . 1 The applicant proposes to undertake a major development on the
Bowmanville Waterfront. The proposal has gone through various
refinements, which have taken place as a result of input from
various public agencies and provincial initiatives concerning the
proposal as well as the Bowmanville Waterfront Study. Although
some revisions have taken place, this proposal, due to its size
and complexity, is still very early in the development review
process. There are a number of outstanding issues that must be
resolved with the proposal.
9 . 1. 1 Density
The proposed density for the development is approximately 90
and 96 units per net residential hectare in each phase
respectively. The proposed density within the draft Port
Darlington Secondary Plan is medium density: 25 to 50 units
per net residential hectare with provisions to permit
increases under Section 36 of the Planning Act.
The issue of the proposed density as it relates to the
height and mass of the structures will need further
consideration. The hotel is 8 storeys while the
condominiums range from 4 to 7 storeys . While it may be
appropriate for the hotel to act as a focal point with a
height of eight storeys, Staff has concerns regarding the
residential component. This will need to be reviewed
subsequent to the approval of a finalized secondary plan.
REPORT NO. : PD-191-91 PAGE 9
9 . 1 .2 Variety of Housing Types
The Durham and Newcastle Official Plans encourage a variety
of housing types meeting a wide range of needs . While it is
recognized that the waterfront creates a unique situation,
the current proposal contains only condominium apartment
buildings. The applicant will need to review this aspect of
the proposal in the context of the Provincial, Regional and
Town policies with respect to housing type, mix and
affordability. The Port Darlington Secondary Plan will
address this issue in more detail than in the current draft.
9 . 1. 3 Shoreline Protection and Setbacks
The Lake Ontario Shoreline Management Plan, is a study
produced by the consulting firm, Sandwell Swan Wooster,
under the direction of the Central Lake Conservation
Authority, Ganaraska Region Conservation Authority and Lower
Trent Region Conservation Authority, which examined the rate
of erosion of the Lake Ontario shoreline within the
jurisdiction of these authorities . The study put forth a
number of recommendations with respect to shoreline
protection matters, including establishing a "hazard line"
from the top of bank of a bluff, recognizing the rate of
erosion over a one hundred year period. The majority of the
proposed hotel is within the hazard line area.
The applicant has met with Central Lake Ontario Conservation
Authority to investigate the possibility of reducing the
hazard line limits or encroaching within the area if
shoreline protection was implemented. Preliminary
discussions with the Authority have indicated that the
hazard line is not flexible whether or not shoreline
protection was implemented. It will be possible, however,
to get some form of approval to encroach on the hazard area
with shoreline protection measures. The recommendations of
the Shoreline Management Plan are applicable to the entire
;j
REPORT NO. : PD-191-91 PAGE 10
waterfront, Central Lake Ontario Conservation Authority and
Ganaraska Region Conservation Authority have noted that the
consideration of this proposal would be precedent setting.
9 . 1.4 Dedication of Parkland
The applicant intends to dedicate lands south of the
proposed hotel in Phase I as well as lands south of the
collector road in Phase II to the Town of Newcastle for
parkland purposes . All of these lands 3. 68 hectares (9 . 1
acres) are wholly within the hazard land area as defined in
the Lake Ontario Shoreline Management Plan. The amount of
parkland dedication require for 1285 units is 4 .28 hectares
( 10 . 6 acres) .
Staff are examining the implications of accepting the lands
within this area, given the rate of erosion of the bluffs in
this area at 0. 3 metres per year ( 1 foot per year or one
hundred feet in one hundred years) . These lands, while in
hazard area, have prime recreation value and would be a
tremendous asset to the community. It must be recognized,
however, that any waterfront parkland will be subject to
erosion and constantly reducing in size unless shoreline
protection is undertaken. Any shoreline protection methods
which may be implemented will be the responsibility of the
municipality at a considerable cost, and the Town will be
responsible for any maintenance works and costs thereof.
With regard to actual parkland "dedication" it is currently
the Town's policy not to accept such in the hazard area.
These lands are generally dedicated gratuitously. The
waterfront open space and park components will be reviewed
further in the finalization of the Secondary Plan.
9 . 1.5 Access
The subject site is accessible from East Beach Road, Lambs
Road and Bennett Road. All are in a substandard condition
REPORT NO. : PD-191-91 PAGE 11
as access roads at the present and can only accommodate
local traffic . The Secondary Plan does require a 26 metre
collector road to service this area. However, the exact
alignment of the collector road has not been decided and is
currently under study by the Town's consultants. At the
present time the alignment proposed in the draft Secondary
Plan differs from the proposal.
9 . 1. 6 Servicing
The site is outside the urban service limit for Bowmanville
and has no water supply or sewage allocation from the
Region. With the completion of the Port Darlington
Secondary Plan, it is anticipated that this allocation would
be provided. The applicant has submitted a preliminary
servicing report. The property can physically be serviced
by extensions from infrastructure in Port Darlington.
9 . 1. 7 Hotel and Marina Facilities
In the first submission, the applicant had proposed a marina
in addition to the hotel/conference facility and the
residential condominium. The applicant intends to make
Newcastle on the Lake a destination oriented resort. The
Port Darlington Secondary Plan recognizes an off-shore
marina in the vicinity of, the hotel/conference centre.
The Background Report to the Port Darlington Secondary Plan
examines the economic feasibility of developing a tourism
and recreational node in the study area. Section 4 .3 .4 of
the Report states that if the presently proposed hotel/motel
projects in Durham Region were to be developed, including
Newcastle-on-the-Lake there would be an oversupply of
tourist accommodation units within the region for the coming
years .
However, the report also notes that the tourist
accommodation facility can be successful if there is a
presence of "lakeside amenities" , for example a marina which
� o
REPORT NO. : PD-191-91 PAGE 12
will act as a strong support feature in the development of
accommodation in the study area.
Section 4 .4 of the Background Report examines the viability
of the resort market given the existing uses within and
outside the study area:
"The biggest factor in assessing what will be feasible
is the extent to which the actual and perceived site
'negatives ' can be overcome. The cluttered approach,
through an industrial landscape is one; the run-down
character of the existing site is another. The
proximity of the CN and St. Marys sites yield noise
problems .
The nearby presence of St. Marys and Darlington GS
yield, respectively, visual and perception problems for
market success of anything too dependent on the quality
"get-away" resort market or on the topmost end of the
residential market" .
The Town's consultants are not as optimistic as the
applicant about the potential for the hotel but concludes
that there may be market support for such a facility by the
late 1990 's provided the "amenity features" of the area can
be provided. Staff are of the opinion that the hotel site
should be supported as an important component of the
planning for the Port Darlington Planning Area. Equally
important, however, is the development of the marina
facility. The application should be revised to incorporate
this feature in accordance with the Port Darlington
Secondary Plan.
10. CONCLUSIONS
10 . 1 The purpose of this report is to facilitate the Public Meeting as
required by the Planning Act, to provide Committee and Council
REPORT NO. : PD-191-91 PAGE 13
with some background on the application submitted and for Staff to
indicate issues or areas of concern regarding subject application.
A number of issues within the Port Darlington Secondary Plan must
be resolved before the Newcastle on the Lake project can be
considered. Staff anticipate that most of the outstanding issues
within the study will be complete in the near future. It should
be noted, however, that the final report of the Crombie Royal
Commission on the Future of the Greater Toronto Waterfront may
impact the approval of the Plan. Staff will be in a position to
make a recommendation for this proposal following the completion
and adoption of the Port Darlington Secondary Plan.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawren tinistrative
. Kotseff
Director of Planning Chief
and Development Officer
CS*DC*FW*df
27 August 1991
Attach:
1. Attachment No. 1 - Site Plan
2 . Attachment No. 2 - Site Plan Elevation
3. Attachment No. 3 - Key Map
Interested parties to be notified of Council and Committee's decision:
841221 and 841222 Ontario Ltd. Prof. Dryer
c/o Irving Rosenberg, 61 Lonsdale Road
Barrister and Solicitor Toronto, Ontario.
345 Wilson Avenue, Suite 203 M4V 1W4
North York, Ontario.
M3H 5W1 Ms . Sandi McKechnie
Pickering Cable T.V.
751 McKay Road
Pickering, Ontario.
L1W 3E2
f- I
.� �a
REPORT NO. : PD-191-91 PAGE 14
Mr. Larry Gold
Walker Gold Fox and Schwarz
Barristers and Solicitors
2040 Yonge Street, Suite 300
Toronto, Ontario.
Ms . Ann Kroon
Lambs Road
General Delivery
Bowmanville, Ontario.
L1C 3K1
F.D. Wilkinson
165 Colborne Avenue, Apr. 205
Richmond Hill, Ontario.
L4C 3K2
Gordon White, President
Port Darlington Community Assoc.
P.O. Box 249 ,
Bowmanville, Ontario.
L1C 3L1
Mr. Frank McGrath
McAsphalt Industries
8800 Sheppard Avenue East
Scarborough, Ontario.
MlE 4R2
Mr. Roger Miller
77 Lincoln Street
Ajax, Ontario.
L1S 6C5
Ralph Woodstra
R.r.#1 l
Orono, Ontario.
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