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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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' � t a€yflft "0 j' � uI'I1III�I.I 'Yi' (I)�lI III d.0 llf(I Iii( ', Y Iff1� IL'if ,�1 1 i� 1 111 ( I„I I I, , / 1 II, Ili,:„' I ,i,.,, Y i 1HP 8'Y �1 �Il!illll0111 ii,�. iii!i ;I'IfIII'��I I1i13 'iY IiY• �•• �� iii �lllll€I •'•• ��� Ihlflll rl■�ii �li!II ■li! IlJlll'llll i'iiii! Y'iiY IY�IIIIIlJI� �e ��''r''Fluull Yi'Y YY'i gall i'.gliu iii 3jnlii�gnu,1 YY'i i'Y'Y #pl��rul on is i (ail i'�1 jilt#Iltl YIi 111 1####I: l�r�i i1 ATTACHMENT 3 LOT 14 13 12 11 10 9 8 7 8 5 4 3 I I I I I I I I o I I + ►o I I I N a ' 2 I 0 N to W J I oaa I z i 0000 t o I I I CONCESSION ST. rEl V _ _ _,_ _ ooao❑ I I i DOOOOOO��B�OWNIA�VILL E I p DI ; OOQOO I t o �Do i a 000�El❑�� o I I ' i m 0 �iL,jOO�Q C� I HIGHWAY I V N0. 2 1 Z V 10 C0: f BASELINE ROAD ! —I ' I I p i I o I I HIGHWAY I 0: O ' I V S�RVIQ- I a 0 LL I I I I Z w t D I I m I I O m ��. Lake SUBJECT SITE Onforio Dev. 90_022 0 200 400 600 8001000m 200m O.P.A. 90 22/D/N - j .