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HomeMy WebLinkAboutPD-182-82 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 OCTOBER 25th, 1982 REPORT NO. : PD-182-82 SUBJECT: APPLICATION OF ,REZONING AND DEVELOPMENT PLAN APPROVAL -' BOND HEAD HARBOUR VILLAGE OUR FILES: Z-A-3-12-9 and S-P-3-7 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend- to Council the following: 1 . That Report PD-182-82 be received; and 2. That application for rezoning Z-A-3-12-9 in respect of Part Lot 28, Broken Front Concession, Former Village of Newcastle be * approved, and that the attached By-law to amend � I Restricted Area (Zoning) By-law 79-44, as amended, be forwarded to Council for approval ; and * 3. That the attached Development Agreement between the Bondhead Development Corp. and The Corporation of the Town of Newcastle be approved; and * 4. That the attached By-law authorizing execution of an Agreement between the Bondhead Development Corp. and The Corporation of the Town of Newcastle be approved. ' ,, Report No: PD-182-82 ...�2 BACKGROUND: In July of 1979, the Town received an application for rezoning submitted on behalf of Windsweep Farms (1965) Limited and 385429 Ontario Limited to amend the Zoning By-law for the Town of Newcastle in order to permit the development of the subject lands for residential , recreational , commercial and marina-related uses which would include the development of one-hundred and fifty (150) residential units, a market square including offices, stores and restaurants, a hotel and conference centre, a recreation pavilion, various recreational facilities, as well as the development of the harbour and marina facilities. I At the time of submission, a number of related issues such as Durham Regional Official Plan Amendment No. 20, and the Newcastle Village Urban Area Plan were under consideration by the Town, and for that reason , approval of the subject proposal was not immediately proceeded with. However, since that time, both OPA 20 and the Village Urban Area Plan have been approved by both the Region and the Town. In addition, OPA 20 was subsequently approved by the Minister of Municipal Affairs and Housing, and designates the subject I lands as "waterfront related open-space". In that regard, Section 12.3.13 of the Durham Regional Official Plan provides that , prior to the implementation of development within such areas, the area municipal council must adopt a development plan for the area under consideration and enter into a development control agreement which must address, but not be limited to, such matters as dedication of lands for i public access to the waterfront, provision of measures to enhance the natural environment provision of landscaping and urban design measures to ensure the integration of the various land uses in a manner that compliments the natural 1 Report No: PD-182-82 .../3 features of the open space, the provision and upgrading of municipal services and transportation facilities, and the staging of development. It should be noted at this point that the area subject to this application forms Phase I of a much more comprehensive development proposal which will ultimately result in the construction of six hundred and fifty (650) dwelling units, plus the associated recreational facilities. In that regard, the balance of the development proposal will be the subject of further development agreements, and staged accordingly. The subject lands are presently zoned as a special exemption to By-law 79-44, as amended, which has the effect of preventing the development of the subject lands except in accordance with a development agreement to be entered into with the Town. In accordance with Departmental procedures, the subject proposal was circulated to a number of departments and agencies in order to obtain their input. As a result of that circulation, the major concerns identified were in respect of impacts upon Lake Ontario and the Graham Creek, and vehicular access to and from the site. Copies of the detailed comments are on file with the Department, and have not been repeated here for the sake of brevity. I would note, however, that all items of concern identified during the circulation period have been addressed within the terms of the subject development agreement, as well as the proposed by-law amendment. i i i Report No: PD-182-82 . . .�4 COMMENTS: As a result of the staff review and our circulation , staff have prepared the attached zoning by-law, and negotiated the attached development agreement which, in our opinion, fulfills the requirements of Section 12.3.13 of the Durham Regional Official Plan, and in one form or another, addresses all concerns identified during the review process. The subject agreement is based upon the Town 's standard form of development agreement, with certain revisions to reflect those points negotiated with the applicants. For the benefit of the Committee, staff would note that one of the major points of negotiation of this agreement was in respect of access to and from the site and the necessary improvements thereto. Following from a traffic impact and parking analysis submitted on behalf of the applicants by Barton , Aschman Canada Limited, it was agreed that certain improvements would be necessary to facilitate both the short term development of this First Phase, and the long term development of the total project. In that regard, the attached agreement includes provisions which provide for the signalization and reconstruction of the Toronto Street level crossing, the signalization of the Mill Street C.N.R. underpass, as an interim measure, and the construction of a new access road from the Mill Street grade separation south through the former Waltona Park and Ontario Hydro corridor to the subject lands. The terms of the agreement require the applicant to up-front the cost of these works, with the Town to make every reasonable effort to reimburse the applicant for up to forty-five percent (45%) of the costs thereof, being the benefit accrued by the Town as a result I of these improvements. i Report No: PD-182-82 ...�5 The development agreement also provides that, as a condition of the development of the balance of the lands, an agreement will be entered into for the reconstruction of the Mill Street grade separation to an appropriate urban standard, with sidewalks, to allow for the proper flow of two-way traffic through this structure. The timing and funding of the reconstruction will be further addressed by the necessary development agreement in respect of the balance of the lands. However, it has been agreed by the developer that the Town 's share of the total costs exclusive of any Provincial or Federal funding, and involvement of the Railway, would be limited to twenty percent (20q), again representing the benefits accrued to the Municipality as a result of this reconstruction. I The only other major point of negotiation was in respect of the dedication of lands for public purposes, and in particular, the dedication of lands for public access to the waterfront. In that regard, staff had initially been requesting the dedication of a strip of land along the Lake Ontario waterfront across the total frontage of the proposal to ensure public access, or alternatively, that these lands be retained in private ownership with an easement placed thereon to permit public access. However, as a result of our negotiations, it has been proposed by the applicants that in order to maintain the integrity of the proposal as a comprehensively designed unit, and to ensure the ongoing security and maintenance of this area would be of a standard acceptable to the owners that these lands be retained by them with public access permitted by means of existing Federal and Regional easements, and that lands required for 1 public purposes be dedicated in another area. To that end, 1 i Report No: PD-182-82 .. ./6 it has been proposed that the lands comprising the former Waltona Park and now subject to Ontario Hydro easements be dedicated to the Municipality for park purposes, and applied in fulfillment of the dedication requirements for this proposal , and any over-dedication credited against the future development of the lands to the west. Staff have no difficulty with this proposal , provided that the Town can be satisfied that public access to the harbour area will be permitted and facilitated by the Federal and Regional easements. In that regard, the attached agreement requires the developer to provide the Town with copies of the applicable easements necessary to satisfy the Town in respect of public access to the waterfront pursuant to the provisions of 12.3.13 of the Durham Regional Official Plan. We would note, for the Committee's information , that the proposed Agreement has been reviewed by the Town 's solicitor, and for the most part his comments and concerns in respect of the proposed Agreement have been addressed by staff. However, we would note that due to previous negotiations with the Developer's solicitor, not all of his comments have been recognized within the Agreement, and in some instances , do not reflect the position taken by staff during negotiation of the Agreement. We would also note that as a result of the Solicitor's review, certain questions were raised in respect of commitments by the Town to reimburse the Developer for that portion of up-front costs which will result in a benefit to the Municipality. In articular, Mr. Sims was suggesting ggesting that any monies repayable to the Developer be paid without interest. i i i i Report No: PD-182-82 .. .�7 However, as a result of staff's attempts to include this requirement, the applicant 's solicitor has requested the addition of a further provision, paragraph 13(5) of the Agreement, which calls for annual adjustments of any outstanding balance, based upon the Southam Construction Index, as well as require an annual review of our levies to ensure that they are adequate for the retirement of any outstanding monies payable to the Developer. This represents a significant deviation from the solicitor's position, which we feel requires Council 's further attention and consideration in reviewing this Agreement. We note, however, that although a payback without interest or adjustment is certainly advantageous to the Town, an annual adjustment to the amounts is not unreasonable and staff are willing to recommend such an inclusion. i Staff note that, at the time of writing, a signed Agreement was not available, however, the applicant 's solicitor has assured us that a signed copy of the Agreement can be made available prior to Council approval . Based on the foregoing, staff are confident that the attached development agreement and zoning by-law are adequate to facilitate the development of this proposal in accordance with the interests of the Municipality, and, if acceptable to the Committee, the subject Agreement and by-law should be forwarded to Council for approval . i Respe ull fitted, j T. T. Edwards, M.C.I.P. Director of Planning I TTE*mjc October 15, 1982 i