HomeMy WebLinkAboutPD-38-84 4
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF FEBRUARY 6, 1984
REPORT NO. : PD-38-84
SUBJECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL
PLAN - PORT DARLINGTON MARINA HOTEL LIMITED
PART LOT 9, BROKEN FRONT CONCESSION
GEOGRAPHIC TOWNSHIP OF DARLINGTON
FILE: 83-33/D
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-38-84 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 25 residential
condominium units in Part 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.
i
REPORT NO: PD-38-84 Page 2
BACKGROUND:
On October 11 , 1983, the Region of Durham advised the Town
of Newcastle that it had received an application submitted
by Port Darlington Marina Hotel to amend a 0.53 hectare
(1 .31 acre) parcel of land in Part Lot 9, B.F. Concession ,
geographic Township of Darlington , from "Major Open Space -
lands affected by Section 12.3.3" to an appropriate
designation to permit the year-round occupancy of 25
residential condominium units. The site is also the subject
of an application for approval of a plan of condominium
(18CDM-83-002) and a rezoning application (File: DEV
83-38) ; both applications are currently being reviewed by
Town Staff. In addition, the applicant applied to the
Regional Land Division Committee (File No. : 220/83) for
approval to separate the land subject to the Official Plan
Amendment application from the existing Marina/Hotel
facility. In their comments to the Land Division Committee,
Town Staff recommended approval , conditional upon the
granting of a minor variance and the applicant amending the
development agreement currently covering the Marina and
Hotel development. Staff note that this agreement was
entered into on June 3, 1981 by By-law 81 -69. The Land
Division Committee considered the application on July 11 ,
1983 and, approved the application with one of the
conditions of approval being that the applicant satisfy the
requirements of the Town of Newcastle , financial and
otherwise.
In accordance with departmental procedure, the application
was circulated to various agencies and departments for
comment. As well , the Region of Durham provided the Town
. . .3
REPORT NO: PD-38-84 Page 3
with copies of comments received through their circulation
of the application. The following is a summary of the
comments received :
Town of Newcastle Public Works Department
The Public Works Department noted that the change in usage
of the subject property from primarily a seasonal marine
traffic oriented operation to a year-round vehicular traffic
operation , will increase the need to reconstruct Simpson
Avenue. The department 's comments related specifically to
the improvement of Simpson Avenue and would therefore be
more appropriately addressed at the time the rezoning
application is considered.
Town of Newcastle Building Department
"No Comment ."
Town of Newcastle Community Services Department
"We would recommend that the Town receive 5% cash-in-lieu of
parkland. "
Town of Newcastle Fire Department
The Fire Department 's comments related to aspects of the
proposed development which would be more appropriately
addressed at the time the rezoning aplication is applied
for.
. . .4
REPORT NO: PD-38-84 Page 4
Region of Durham - Works Department
"Full municipal services are available to the site. The
subject owner has already obtained all necessary approvals
from the Region for the related site sevicing plans and has
also made agreements with the Regional Works Department for
installation of water service and sanitary sewer connections
for this project.
The Regional Works Department has no objection to the
subject proposal . However, we request that approval be
made subject to the applicant and the Regional Municipality
of Durham entering into an agreement to ensure:
1 . That the applicant satisfy all statutory requirements ,
finanacial and otherwise, of the Regional Municipality
of Durham. In this regard, the applicant will be
responsible for the payment of service charges and/or
development charge levies in accordance with Regional
policies.
2. That the condominium authority agree to maintain
unobstructed access to existing water meters for
servicing by Regional personnel .
3. That any metering changes proposed by the condominium
authority be approved by the Region and all costs
involved in the re-arrangement shall be at the
condominium authority's expense.
4. That all outstanding local improvement charges for
sanitary sewers and water mains assessed against these
properties be commuted prior to the sale of the units."
Ministry of Natural Resources
"As the location of this Ministry' s primary fishery concerns
. . .5
REPORT NO: PD-38-84 Page 5
is on the west side of the Port Darlington marsh, this
proposal will not have a significant impact on our programme
concerns . Subsequently, we have no objection to this
amendment."
Central Lake Ontario Conservation Authority
"The site of the proposed Official Plan amendment has been
reviewed in conjunction with draft plan of condominium 18CDM
83-002. We understand that the purpose of the amendment is
to permit the permanent private occupation of units built or
being built on the previous understanding that these rental
accommodations were a part of a marine operation and
therefore seasonal in nature.
In April 1981 and May 1983 this authority granted approval
to the owner of the land subject to the Official Plan
amendment to place fill and to construct "marine
accommodation units. ..". Although the buildings are to be
constructed on dredged fill material , the area around the
permiter of the units and the lower portions of the units
themselves will be flood-susceptible under regional storm
conditions. The regional flood elevation is 78.6 metres.
All portions of the "proposed asphalt driveway" and Simpson
Avenue are below the flood level , as are portions of the
lower level in the proposed units. For example , the walls
on the west side of units 17 and 18 would be prone to about
1 .9 metres or 6.2 feet of flooding, according to the draft
plan of condominium.
There is no question that the above conditions when combined
with potential ice damage entail a degree a risk to life
. . .6
REPORT NO: PD-38-84 Page 6
and property. Note that road vehicle access to/from the
site is unavailable during a regional storm, and that
floating automobiles and water pressure could undermine the
stability of the accommodation units.
The perceived level of risk for marine accommodation of
structures on the site has been deemed satisfactory.
Implicit in this determination is the understanding that
uses associated with a marina operation may entail a
flood-related risk since such uses are, by necessity,
water-based. Also, the risks are somewhat minimized in
that:
1. the operation would be seasonal in nature, that is , tied
to the operation of the marina ;
2. access to the units could be controlled by the
proprietor as could emergency evacuation procedures ;
3. the hardship and much of the damage associated with the
ownership of flood-prone property would be borne by the
developer and not individual unit owners ; and
4. should the marina operation cease to exist at some
point, no isolated flood-prone dwellings would remain
since the units would be part of the marina.
The approval of the proposed Official Plan amendment and
condominium plan would negate those safeguards described
above. It is important to emphasize that the proposed
units and the driveway/access route cannot practically be
protected against the regional storm.
i
. . .7
I
Page 7
REPORT NO: PD-38-84
oing, we are unable to provide positive
Based on the foreg
comment on the proposed Official Plan amendment."
Region of Durham Health Unit
n to this proposal as it is provided
We have no objectio
with municipal services.
proposed swimming pool and
However, plans of the p ro p the Ministry of
recreational complex must be approved by
Health."
Northumberland and Newcastle Board of Education
purposes would not be required within the
"A site for school p ur p
boundaries of the proposed p lan."
COMMENT:
the Public
As noted earlier, the concerns identified by
artment regarding improvement to Simp son Avenue ,
Works Dep arding fire protection , would be
and the Fire Department reg and development
more appropriately addressed at the relani amendment
agreement stage, should the Official
application be approved*
respect to the proposed
The most serious conce eX r e expressed by the Central Lake Ontario
development are those p The Authority states that previous
Conservation Authority. that the units
approvals were granted on the understanding eration of the
would be rental accommodation tied
natu he oAs well , the
marina, and therefore seasonal in
. ..8
1
page / I
REPORT N0:
PO-36-64
I
i
--� and Simpson
Authority noted that p I
ortions of the driveway I
ell as portions of the lower level
Level ,
Avenue, as w Regional Storm I
proposed units,
are below the Reg access and
that if the units were rental abeodCOntrolled by the
but procedures could
emergency evacuation
proprietor of the marina.
approve
as "seasonal in
CLOCA refers
to the units already pp
that t presently zoned as
he site is
nature" . Staff n ote w to By-la 1567. That by-law limits the
Special Condition 14 ancy, and not year-round
to seasonal occup that occupancy would
being would
type of unit ccup
The intent
permanent residences.Nothing within the by-
law however,
be transient. ccu occupancy during the winter season and the
prevent rental or ° p designed as housekeeping
presently approved units were
amendment
effect of the proposed Official Plan
The
units- change in the manner in which the
is therefore, to p ear-round
ermit a rather
units will be owned and to facilitate year-round ,
than transient occupancy.
located outside of the Bowmanville Urban
•s
The subject area i en Space - Lands Affected By
designated Major Op
Tonal Official Plan
Area and is fans
Section 1?.3.3" . This sectionhalltprepare and adopt p
Tonal Council s
states that Reg development
for these areas which include appropriate Until such plans have
policies and
land use designations.
ared, only recreational uses will bedawl dwellings to
been prep of existing seasonal
the conversion is in
�-Iowever, be allowed if such conversion
dwellings may laws and
permanent and zoning by
with respective building Section
the appropriate Health authorities.
dwellings may
approved by roue o
1 2.3.3 further states n nt dwellings provided that a communal ter
be converted to perm lies with standards for
piped water system which comp available.
system to serve p
ermanent dwellings is . ..9
i
xo-
Page 9
REPORT NO:
Pf)-3R-B4
has not been prepared for
�I
Staff note that a development section 12.3.3. staff
12.3.3. However,
as required by y ment has a
feel the pr lready
the area develop
inciple of residential
through the previous approval of the rental
been established t permits conversion of
section 1 2•3.3 p provided
units. As well , dwellings to permanent dwellings,
existing seasonal respective zoning
comply with the by an
that such dwelling s are supplied
provided that they
by-laws and further p Staff note that the
appropriate water supply system.
application to rezone the subjec
applicant has submitted an pp and that the proposed
parcel to permit the development , al water and sewers.
development will be ser municip conversion of the presently a pp roved
In these resp ects , th
rivately owned condominiums would
rental accommodation to p the intent of the T)urham
ear, to seriously offend position
not app We are not however, in a
ro osal would comply with
Regional Official Plan.
to comment on whether or not the p p
the Durham Regional Official Plan that Section 2.?_.5 of We can only suggest t
to condominium conversions• their conversion to condom-
et completed,
the units are not y supply of
act the existing
inium would not adversely imp since these units were
rental accommodation, p articularly,specialized market related to
originally intended to meet a
arine development.
the existing harbour and m
Based on the above,
Staff have no objection to the proposed
of the yenta
on om
Official Plan amendment or the conversion niums. This comment is based
accommodation units to c
of the site for residential
solely on the fact that the use I f however , this were an
previously granted.
purposes was considered, we would be inclined
application not previously
denial until a waterfront plan had been
to recommend , , ,lO
i
page 10
REPORT N0:
PO-39-84
concurrence ,
I
completed for this area.
Subject to Council 's �
comp ion of ourham be advised that
it is recommended that the Re objection to Official Plan
the Town of Newcastle has no
amendment application 83-33/0•
Respect s fitted,
r�J
1� T. T. Edwards, M.C.I.p•
director of Planning
JAS*TTE*jip
January 17 , 1984
ton Marina Hotel Limited
Appl i cant: port R.o �1 i ng LIC 30
R
BOWMANVILLE, Ontario
Mr. Irwin Hamilton
Agent: Hamilton & Bellefontaine
Barristers & Solt p O. Box 357
43 Ontario St Ontario• L1C 2S4
Bowmanville,
KEY MAP r
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