HomeMy WebLinkAboutPD-216-86 TOWN OF NEWCASTLE /
REPORT File # �,
Res.
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, September 15, 1986
REPORT #: PD-216-86 FILE #: DEV 86-44
SUBJECT: REZONING APPLICATION/SITE PLAN AMENDMENT
ANTON JUKIC (CEDAR PARK)
PART LOT 15, CONCESSION 6, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 86-44
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-216-86 be received; and
2. THAT i
e application submitted by Mr. Anton Jukic to rezone a parcel of land
located in Part Lot 15, Concession 6, former Township of Darlington to permit an
expansion to the existing Trailer Camp/Park be denied without prejudice.
BACKGROUND AND COMMENT:
On July 9, 1986 the Planning Department received an application for rezoning submitted by
Mr. Jukic to permit the expansion of his existing Trailer Camp/Park. Staff would note
that the applicant proposed to increase the number of lots on the existing park by fifty
(50) and to add a further seventy-five (75 ) lots on the 10 acre lot to the immediate north
for which the rezoning application has been filed.
i
Within the Region of Durham Official Plan , the subject property is located within the
"General Agricultural " designation. Campgrounds are not a permitted use within this
I
. . .2
REPORT NO.: PD-216-86 Page 2
designation. However, inasmuch as the proposal is a request to expand an
existing facility, it may be considered within the context of Section 16.6.5
of the Durham Plan as follows:
"Notwithstanding Sections 8.3.3.3, 16.6.1, 16.6.2 and 16.3.3,
this Plan is not intended necessarily to prevent the continuation,
expansion or enlargement of uses which do not conform to the
designations and provision of this Plan. At their sole discretion
the Councils of the area municipalities may zone to permit the
continuation, expansion or enlargement of existing uses or the
variations to similar uses provided that such uses:
a) have no adverse affect on the present uses of the surrounding
lands or the implementation of the provisions of the Plan;
b) have regard for the Agricultural Code of Practice, as amended
from time to time if applicable;
c) are accessible by a public road which is maintained by the
appropriate authority as open to traffic on a year-round basis
and is of a standard construction adequate to provide for the
additional traffic generated by the proposed use; and
d) are subject to any conditions that may be contained in a
District Plan."
Staff would note for the Committee' s information that pursuant to Council 's
resolution of July 26, 1982 and the requirements of the Planning Act, the
appropriate signage acknowledging the application was installed on the
subject lands. Staff would note that several letters of objection were
filed in consideration of the proposal as submitted. The concerns
identified within the letters of objection are highlighted within the
Staff comment section of this report.
In accordance with departmental procedures the application was circulated to
obtain comments from other departments and agencies. Staff would note the
following departments/agencies, in commenting on the application offered no
objections to same:
1. Town of Newcastle Building Department
2. Ministry of Agriculture and Food ( verbal comments)
3. Ontario Hydro
. . .3
REPORT NO.: PD-216-86 Page 3
4. Durham Regional Health Unit
"The Durham Regional Health Unit, in responding, noted that the above
application for rezoning had been investigated by the Health Department and
insofar as health matters were concerned, there were no objections to its
approval . Further clarification was provided, however, noting that this was
not to be taken as a permit to install a private sewage disposal system at
the site involved. The required permit would be issued only after a proper
inspection of the lands involved had been made and said inspection carried
out upon receipt of a formal application."
5. Town of Newcastle Fire Department
"The Department has no objections to the above-noted application as long as
the site is used on a seasonal basis and not occupied year-round with
permanent residences. Emergency fire protection is from Station #1 which is
within the acceptable five (5 ) mile limit. Water for fire fighting is
supplied by Fire Department tanker truck. "
6. Central Lake Ontario Conservation Authority
"The site of the proposed rezoning includes a cold water tributary of the
Howmanville Creek. This reach of the stated watercourse provides high
quality habitat for trout populations. Accordingly, the Environmental
Protection zoning provision for the buffer area adjacent to the Qowmanville
Crepk Id ithin thp r,, bj@Gt lands should be retained. T he Aut ho ri ty wo ul d have
no objection to the rezoning of the remainder of the site to permit the
expansion of the trailer park. The Regional storm floodline elevation on
this site is approximately 588.1 feet referenced to Canadian Geodedic Datum.
No buildings or structures, permanent or temporary, shall be permitted in
flood susceptible areas."
7. Town of Newcastle Works Department
"We are reviewed the above-noted rezoning and site plan amendment
application and have no objections in principle. Upgrading costs for the
reconstruction of Cedar Park Road in accordance with the Town Policy and to
the satisfaction of the Director of Public Works are required."
8. Regional Municipality of Durham Planning Department
The Durham Planning Department, in responding, would concur with the
comments as previously stated, noting that the subject property is
designated "General Agricultural" in the Durham Regional Official Plan.
Furthermore, since the proposal is to expand an existing facility, it may be
. . .4
REPORT NO.: PD-216-86 Page 4
8. Regional Municipality of Durham Planning Department - (Cont' )
considered within the context of Section 16.6.5 of the Durham Plan. As
previously noted, at the sole discretion of Council of the area
municipality, a proposal may be zoned to permit the continuation, expansion,
or enlargement of existing uses or the variation to similar uses provided
certain criteria has been met. Staff would draw to the Committee's
attention the provisions of Section 16.6.5 which states:
a) the proposal is to have no adverse affect on the present uses
of the surrounding lands or the implementation of the
provisions of the Plan;
b) is to have regard for the Agricultural Code of Practice, as
amended from time to time if applicable;
c) is accessible by a public road which is maintained by the
appropriate authority as open to traffic on a year-round basis
and is of a standard construction adequate to provide for the
additional traffic generated by the proposed use; and
d) are subject to any conditions that may be contained in a
District Plan.
In reviewing the provisions of the Durham Regional Plan, Staff would
draw to Committee's attention the provisions of Sections 8.1.2.11, 8.1.2.12,
and 8-1-2.13b). . . . ."Mobile Home Park development may be permitted in
residential areas designated on Map 'A' if, in the opinion of the respective
area municipality, such development is considered desirable and compatible
with surrounding uses. Furthermore, an application in any other area will
be given due consideration by Council ". . . . . . . ."Mobile Home Park development
shall be fully serviced with water and sewer facilities designed to Regional
standards and approved by the Ministry of Environment and Regional
Council ". . . . . ."A Mobile Home unit or modular home unit shall mean a
factory-built single family dwelling designed to be made mobile; that is
sited on a permanent anchoring foundation and connected to service
facilities so as to be suitable for year-round occupancy and constructed to
meet, as a minimum, the standards of the Ontario Building Code , the
Electrical Code and the Plumbing Code as well as all relevant by-laws of the
respective municipality . . . ."
. . .5
ice)
REPORT NO. : PD-216-86 Page 5
Clearly, policy would permit residency of a permanent nature - fully
serviced, for year-round occupancy, by means of a defined Mobile Home Park
development.
Staff would note for the Committee's information that the existing Trailer
Park as approved, following an Ontario Municipal Board Hearing permitted the
establishment of a private park and One Hundred (100) camp lots.
Subsequently, a Development Agreement was completed, acknowledging that the
Owner and the Town mutually agreed that the "said lands" should only be used
for a Tourist Camp and/or Private Park within the meaning of By-law 75-34;
being a By-law to licence, regulate and govern the operation of a Tourist
Camp and to include a maximum of One Hundred (100) camp lots. Within By-law
75-34 a tourist camp, tourist trailer and tourist vehicle are defined as
follows:
TOURIST CAMP - means a parcel of land which is used to provide
accommodation for the public or members of an organization in tents,
tourist trailers or tourist vehicles whether or not a fee is charged
or paid for such accommodation.
TOURIST TRAILER - means a vehicle designed to be towed on its own
chassis (notwithstanding that its running gear is, or may be,
removed) and capable of being used for the temporary living,
sleeping, or eating accommodation of persons. This definition shall
not include a mobile home as defined herein.
TOURIST VEHICLE - means a self propelled vehicle capable of being
used for the temporary living, sleeping or eating accommodation of
persons. This definition may include a bus, motor home, truck or
van.
Inasmuch as a reference is made to the definition of Moble Home within the
Tourist Trailer definition , Staff would include the following definition of
Mobile Home for comparison.
MOBILE HOME - means a prefabricated building having a floor area
of not less than 600 square feet designed to be towed on its own
chassis (notwithstanding that its running gear is, or may be removed)
equipped for year-round occupancy and containing therein facilities
for cooking or for the installation of cooking equipment as well as
sanitary facilities including a flush toilet, a shower, or bath
tub.
. . .6
0(e))
REPORT NO.: PD-216-86 Page 6
The Ministry of Municipal Affairs and Housing provide the following
definition of a "Campground" within a brochure entitled "Guidelines for
Recreational Vehicle Campgrounds".
. . ."A CAMPGROUND is designed to accommodate, on a temporary or
seasonal basis, recreational vehicles and/or tents, plus
accommodating touring or carrying vehicles. A recreational vehicle
is defined as a portable structure intended as temporary
accommodation for travel , vacation or recreational use. Such
structures can include motor homes, fold-down camping trailers, truck
campers and travel trailers. . . ."
It is Staff's opinion that the original approval permitted the establishment
of a Tourist Camp of a recreational /occasional nature yet limiting the total
number of camp sites permitted.
Staff would note for the Committee' s information that during the course of
inspection of the site in the company of the applicant, Staff was advised
that approximately One Hundred and Forty (140) trailers were presently
located within the confines of the existing park and the ten (10) acre
parcel for which the rezoning application has been filed. Furthermore, it
was noted that the trailers in excess of the permitted number within the
Development Agreement would be removed from site prior to the scheduled
Public Meeting. Additionally, Staff was advised that approximately
Seventy-five (75) to Eighty-Five (85 ) of the present trailers were occupied
by Ontario Hydro employees stationed at the Darlington Plant. Mr. Jukic
indicated these trailers would continue to be occupied following the closing
of the campground in October. It is Mr. Jukic 's contention that in
consideration of the high number of units occupied by the Ontario Hydro
employees, additional camp lots are required to meet the demand for
recreational purposes.
Staff do not concur with this position noting the previous application as
approved was for a Tourist Camp. It would appear the use of trailers fo r
other than recreational , occasional purposes would be a distinct variation
from the intent of the original approval . It woul d al so appear that, i n
consideration of the original proposal , it was deemed appropriate to permit
the development of a Tourist Camp yet limiting the site to One Hundred (100)
camp lots.
. . .7
ice)
REPORT NO.: PD-216-86 Page 7
Staff would note for the Committee's information that other than noting that
a majority of the lots were occupied by Hydro workers, the applicant has not
provided any market justification to support the need for the expansion of
the Tourist Camp within the present regulations.
As noted previously, Staff in consideration of the rezoning application and
subsequent Public Notice requirements, received twelve (12) letters and one
(1) petition containing twenty-five (25) signatures in opposition to the
proposed expansion. Staff would note additionally, that the signatures
found on eleven (11) of the twelve (12) letters of opposition were also
contained in the petition. Without repeating verbadum, the concerns
submitted nor attempting to reduce the degree of opposition , Staff would
note a majority of the comments, concerns and objections dealt with one or
more of the following items:
1. traffic generation - existing and potential ;
2. noise pollution - existing and potential ;
3. defacement of private property;
4. trespassing and vandalism;
5, compatibility with adjacent residential uses
6. drinking;
7. lack of privacy/invasion of privacy;
8. year-round occupancy of trailers;
9. compliance with present by-laws.
In consideration of Staff's inspection of the "said lands", Staff would
concur that the potential for loss of privacy and property security in
certain situations could result, bearing in mind, the siting of some of the
existing residences adjacent to the Park.
As noted previously at an Ontario Municipal Board Hearing in 1978, the
residents in opposition agreed to withdraw their objections to permit the
establishment of a trailer camp, noting the maximum number of camp lots
would riot exceed One Hundred (100). The submissions presently filed would
appear to reinforce their concerns not only with the present park but their
opposition to a major expansion which could, in their opinion, expand upon
the present problems being experienced.
. . .8
REPORT NO.: PD-216-86 Page 8
As noted within the policies of the Durham Regional Official Plan , Council
at their sole discretion, may zone to permit the continuation, expansion, or
enlargement of existing uses or the variation to similar uses provided
certain criteria have been met. It would appear to Staff that the nature of
the Trailer Park has varied from the approval as originally provided. In
consideration of the above-noted comments and concerns, it is Staff' s
opinion the expansion is not compatible with the surrounding uses and
accordingly, are not in a position to support the application as filed.
RespecOdwa Hsu ��ted,
T. rds, M.C.I .P.
Director of Planning
LDT*TTE*j ip
*Attach.
September 4, 1986
Applicant: Mr. Anton Jukic
c/o Cedar Park
R.R. #1
BOWMANVILLE , Ontario
L1C 3K2
-
'
m<
rn
> z (D
0 6OLD SCUGO ROAD 0 r
REGIONAL ROAD N9 57
ROAD
'
� vp � in •O Boa v' �'�-_--i (' t r-)_�--�-1 i.na.• /
tlp 1 i •1 I 1 1 Inv
v 1 vat 1 t 1- 1 itr-
4-4 f----
.6+e -----
— w.,. I v l
1 Is W {
I 1 1 I 1 ( 1 I'
I-�-.T Y T 1-;-i�- �. " .1 1 { 1 •,ao�o -- r-I-�l'1-1-7-) �o
1/ Iq.�y-0-�7.n.t1.�0-U%0 O�;o� �O- - o��'�'►4• _r_r �ae.l 1 1 ; '�,,,�i j-�--
1 {• J 1 r�lsa. -1 V.w l i - - J1-4-f- 41 1 rM
[LLL-
—
�- }-- �-- ✓li. r�_-irl>a ; ��j-t � ti,'�' �
!AS-1
ry
MEA
cl
01
I
C)C)
1 v
alrww *OWN ® Q C3 !i
AMA wagagaw
-• rl {
i