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Home My WebLink AboutPD-67-84 60, icx/ t V 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 19, 1984 REPORT NO. : PD-67-84 SUBJECT: APPLICATION TO AMEND ZONING BY-LAW 1587, AS AMENDED - CONDOMINIUM APPROVED 18CDM-83-002 PORT DARLINGTON MARINA HOTEL LIMITED PART LOT 9, B.F. CONCESSION, FORMER TOWN OF BOWMANVILLE - FILE: DEV 83-38 RECOMMENDATION: i It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-67-84 be received; and 2. That the attached By-law to amend Zoning By-law 1587, as amended, be forwarded to Council at such time Official Plan Amendment No. 83-33/D has been approved by the Ministry of Municipal Affairs and Housing, and the existing Site Plan Agreement has been amended to reflect the development as proposed, to the satisfaction of the Town of Newcastle; and 3. That the Region of Durham be advised at such time that Recommendation No. 2 has been satisfied, that the Town of Newcastle has no objections to the approval of Plan of Condominium 18CDM-83-002. i . . .2 i I REPORT NO. : PD-67-84 Page 2 BACKGROUND: On December 6, 1983, Planning Staff received a Rezoning application, submitted by Port Darlington Marina Hotel Limited, to permit the development of a townhouse/recreation complex (Condominium development) within Part Lot 9, Broken Front Concession, former Town of Bowmanville. It was noted for the Committee's information, within Report PD-9-94 submitted to the General Purpose and Administration Committee at their January 3, 1984 meeting, that an amendment to the Region of Durham Official Plan was required in order to proceed with the proposal . Council , at their February 13, 1984 meeting , adopted by Resolution (##C-91 -84) the recommendation of the General Purpose and Administration Commitee of February 6, 1984 as contained within Staff Report PD-38-84: i 1. "That Report PD-67-84 be received; and 2. That the Region of Durham be advised that the Town of Newcastle has no objection to Official Plan amendment application 83-33/D submitted by Port Darlington Marina Hotel Limited , to permit the construction of twenty-five (25) residential condominium units, in Part of Lot 9, Broken Front Concession , geographic Township of Darlington ; and 3. That a copy of Staff Report PD-38-84 and Council 's decision , be forwarded to the Region of Durham and the applicant." COMMENTS: In accordance with departmental procedure, the applications (rezoning and condominium approval ) were circulated to various agencies and departments for their comments and/or concerns. By correspondence, the Town 's Works Department . . .3 I REPORT NO. : PD-67-84 Page 3 acknowledges that the change in usage of the subject property, from a preliminarily seasonal marine traffic oriented operation to a year-round vehicular traffic operation, will increase the need to reconstruct Simpson Avenue. At present, Simpson Avenue functions as a collector roadway and is deficient in top width and structural components. It is therefore requested by the Public Works Department, that the Owner be required to cost share, at a rate of 50 percent, the reconstruction of Simpson Avenue, to a NS207 standard for the frontage width of the subject property on Simpson Avenue. In addition, the Owner shall be responsible for illumination of this section of road to Town Standards. In that regard, the applicant should contact the Works Department to discuss their specific requirements. The Ministry of Natural Resources has expressed concern that erosion of the unprotected soils and slopes adjacent to the existing water's edge, may degrade the water quality of Soper Creek. The Ministry therefore suggests the creek banks be stabilized by riprap or a retaining wall , in order to avoid potential serious erosion problems during spring run-off. The Town of Newcastle Fire Department advised us that pursuant to the requirements of the Ontario Fire Code, reference no. 2.5.1 .2 (2) , the maximum distance from any portion of a building faced to fire hydrant, shall not exceed 300 feet. Accordingly, the Fire Department would request that the installation of a fire hydrant and pumper port adjacent to the Condominium Complex. Staff acknowledges the above comments and will discuss same with the applicant prior to the finalizing of an amending Site Plan agreement, pursuant to the approval of the Zoning By-law Amendment. .. .4 I REPORT NO. : PD-67-84 Page 4 In reviewing the application, the Community Service Department advised that they have no objections to the proposal , however, requested the submission of 5% cash-in- lieu of parklands. Staff would note for Committee 's information, that pursuant to the provisions of Section 41 within the Planning Act, in order for a Council of a Municipality to request the payment of cash-in-lieu of parkland dedication, the Official Plan for the municipality must contain specific policies dealing with the provision of land for park or other public recreational purposes. Additionally, as a condition of development or redevelopment of lands, Council would be required to pass a by-law applicable to the whole municipality, or to any defined area or areas thereof, whereby the conveyance of land or payment thereof in lieu of parkland, can be requested. As neither of the above prerequisites are in force, the request for cash-in-lieu can not be complied with. It is noted, the comments as submitted by the Central Lake Ontario Conservation Authority, are the same as previously expressed and noted within Staff Report PD-38-84 re Official Plan Amendment 83-33/D. Committee may recall that within Report PD-38-84, Staff indicated no objections to the proposed Official Plan Amendment or the conversion of the rental accommodation units to condominiums. This comment was based solely on the fact that the use of the site, for residential purposes, was previously granted. Subsequently, on February 21 , 1984, the necessary approvals were granted by the Conservation Authority. In consideration of the application as submitted for an Official Plan Amendment to the Region of Durham Official Plan , Staff would have no objections to the approval of . . .5 i REPORT NO. : PD-67-84 Page 5 the Zoning By-law amendment as attached hereto, in consideration of the recommendations, as noted within this Report. /Respectfu ed, f;f f�f T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach. February 29, 1984 Applicant: Port Darlington Marina Hotel Ltd. R.R. #2 BOWMANIIILLE, Ontario L1C 3K3 Agent : Hamilton and Bellefontaine Barristers & Solicitors 43 Ontario Street, P.O. Box 357 BOWMANVILLE, Ontario Ll C 2S4 ATTN: Mr. Irwin Hamilton i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 84- being a By-law to amend Restricted Area By-law Number 1587, as amended of the former Town of Bowmanville, now in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE, the Council of the Town of Newcastle enacts as follows: 1. Schedule "B", as amended by By-law 81-70, is further amended by the following amendments to Special Condition 14: (i ) By deleting Section 1 .2(i ) (a) and substituting the following: "1 .2(i) (a) "DWELLING, LINK TOWNHOUSE" shall mean one of a group of three or more dwelling units separated vertically." (ii) By deleting from Section 1 .2 (ii) - PERMITTED USES, the words "seasonal marine accommodation units associated with the existing hotel " and replacing these words with "dwelling, link townhouse". (iii) By deleting Section 1 .2 (iii ) (a) and substituting the following: "1 .2(iii ) (a) Density - maximum of twenty-five (25) link townhouse dwelling units" . (iv) By deleting 1 .2 (iii) (b) and substituting the following: "1 .2(iii) (b) Lot Frontage (minimum) 30.0 metres" (v) By deleting 1 .2(iii) (d) and substituting the following: "1 .2(iii )(d) Side Yard Interior (minimum) 3.0 metres Side Yard Exterior (minimum) 6.0 metres" (vi) By deleting from Section 1 .2(iii ) (e) the words "from shoreline" (vii) By deleting Section 1 .2(iii) (h) and substituting the following: "1 .2(iii) (h) Lot Coverage (maximum) 45 percent link townhouse units and accessory uses" - 2 - 2. This By-law shall come into effect on the date hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1984 BY-LAW read a second time this day of 1984 BY-LAW read a third time and finally passed this day of 1984. MAYOR CLERK