HomeMy WebLinkAboutP-102-81 4
CORPORATION OF THE TOWN OF NEWCASTLE j
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MAY 25,
1981.
REPORT NO. : P-102-81
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SUBJECT: Application for Rezoning - Part of Lots 9 and 10,
Broken Front Concession, former Town of Bowmanville
Port Darlington Marina - File: Z-A-2-13-1
RECOMMENDATIONS:
It is respectfully recommended that the Planning and Develop-
ment Committee recommend to Council the following:
1. That Report P-102-81 be received; and
2. That application for rezoning Z-A-2-13-1 be approved;
and
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3. That the attached By-law be forwarded to Council for
approval concurrent with the execution of the Development
Agreement referred to by Staff Report P-101-81.
BACKGROUND:
The subject application requests an amendment to Restricted Area
By-law 1587, as amended, of the former Town of Bowmanville. Said amend-
ment would permit:
1. The winter storage of boats on a 1.2 ha parcel of land
on the east side of Simpson Avenue, north of Second Street. $�
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2. The development of 1.95 ha parcel of land and waterfront
for 22 seasonal marine accommodation units and expanded
boat mooring facilities associated with the existing hotel
and marina located on the west side of Simpson Avenue.
The site is designated "Major Open Space" subject to the provisions
of Section 12.3.3 in the Durham Regional Official Plan. Said section re-
quires the preparation and adoption of a waterfront development plan de-
tailing land use and development policies for waterfront areas. However,
Section 12.3.5 of the Regional Plan permits the development of marina
facilities and associated uses prior to such Development Plans subject
to the approval of the area municipality and other agencies having juris-
diction and subject to the applicants entering into a satisfactory develop-
ment control agreement.
In accordance with the Department's procedures, the subject appli-
cation was circulated to various departments and agencies for comment. The
following represents a summary of the comments received.
Durham Regional Planning Department
"The Durham Official Plan encourages the development of Port
Darlington for recreational purposes. In addition, the Official
Plan, while designating the area as requiring a waterfront plan,
exempts marina development and associated uses and allows them
to proceed prior to the preparation of such plan. We understand
that the dwelling units proposed for development are an extension
to the Darlington Marina Hotel in one form or another.
All in all, this proposal therefore conforms to the Official Plan."
Durham Regional Works Department
"Municipal water supply is available to the subject lands through
the existing watermains abutting the frontage of the property on
Simpson Avenue.
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Sanitary sewer service will not be available until such
time as the Port Darlington Water Pollution Control Plan
is completed and in operation. Completion of construction
is tentatively scheduled for the end of August, 1981; however,
the Region will not be in a position to give final approval to,
or issue permits for sanitary sewer connections until the plant
is actually in operation.
* In addition to the foregoing, please be advised that upon
approval of service connections applications the developer will
be required to pay to the Region all costs associated with the
installation of the required sewer and water connections, develop-
ment charge levies (if applicable) , frontage charges for the trunk
sanitary sewer and frontage charges for the existing watermain (if
applicable) ."
Ministry of Natural Resources
Aug. 29, 1980 - 'The proposed site of the residential units (as
well as the existing development) is in the floodplain of the
Soper Creek and appears to be shown as hazardland in the Region
of Durham Official Plan. The hazard to life and property of lo-
cating residential buildings in this location would seem to be
severe, and no information of an engineering or technical nature
has been received to indicate that the flood hazard does not exist
or can be overcome.
Based on these considerations we would strongly recommend that the
residential aspects of this proposal should not be approved.
The Ministry's hazardland policy would permit the marina-related
structures such as the docks, non-residential marina facilities,
etc. to locate in the floodplain as they are dependent on a close-
to-water location. We presume you will be contacting the Region
of Durham, and the Central Lake Ontario Conservation Authority for
their reaction to this proposal."
Feb. 19, 1981 - "We would refer you to our letter to Mr. D. N.
Smith dated August 29, 1980. Since then we have received profile
sketches and plans from the owner, and obtained comments from our
engineers and the Central Lake Ontario Conservation Authority.
To elaborate on our Aug. 29, 1980 objection, the Ministry's hazard-
land policy permits marinas to locate in flood plains, but not resi-
dential housing developments. Motel units attached to a marina could
be argued to fall into either category. The owner has proposed to
erect the buildings on pilings above the flood level, and this pro-
cedure is acceptable, providing the pilings are secure from the force
of floodwaters. One problem not considered would be access to the
site during a Regional storm as the surrounding lands would be flooded,
and vehicle access not possible.
Based on the above, the concerns expressed in our Aug. 29, 1980
letter have been at least partially addressed, and we will not
object to the rezoning. However, we can only give the project
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somewhat qualified support. Should you decide to permit this
development, we would suggest that you contact the Conservation
Authority and expand Sections 10 and 15 of the development agree-
ment to allow approval of the elevation plans and pilings by the
Central Lake Ontario Conservation Authority and this Ministry."
Central Lake Ontario Conservation Authority
On Sept. 24, 1980 and Feb. 27, 1981 the staff of the Conservation
Authority indicated that due to the fact the site was located
within a floodplain and prone to approximately 3 metres of flood-
ing under Regional storm conditions, they were unable to support
the proposed rezoning. However, on April 6, 1981 the Authority
granted a permit to the applicant which would permit the proposed
development. (see attached correspondence)
Town of Newcastle Public Works Department
On March 9, 1981 the Town's Public Works Department submitted
comments in respect of this application. Inasmuch as a number
of the comments were relative to the existing hotel, they could
not be considered. However, those matters relating to the subject
site, specifically, storm drainage and external works were dis-
cussed with the applicant who was advised to meet the with .the Work's Dept.
All matters of concern have now been defined and have been or will
be addressed through the terms of the site plan agreement as a pre-
requisite to the issuance of building permits.
Town of Newcastle Fire Department
(1) There does not appear to be access to the water side of
the units, probably further clarification required.
(2) Controlled parking east side of units to accommodate access
for Fire Department Vehicles.
(3) The proposed 6' high hedge between Simpson Ave. and the units
could present a hindrance in the event of a working fire re-
quiring a number of fire lines.
(4) This is a flood plain area, I trust it will not create a hazard
in the event of severe flooding. (seasonal units only) .
(5) No information available as to total length and fire separation
of units, recommend a separation or walkway probably mid-way
of units for access to water side of units.
(6) Where buildings are so close as to make it likely that fire
in one may spread to the others, or buildings approach the di-
mentions of hotels, fire flow requirements need to furnish hose
streams between 1000 and 1500 G.P.M. Fire hydrants to be located
within 350 feet of buildings to be protected.
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COMMENTS:
Staff have reviewed the comments and concerns raised through
circulation of the proposal and note that most are relative to site
design and best dealt with through the terms of a site plan agreement.
Such an agreement has been prepared by staff and accompanies staff
report P-101-81.
The attached by-law has also been prepared by staff to reflect
the nature of this proposal and zones the site by means of a Special
Condition to By-law 1587. Said Special Condition permits the use of
the site for seasonal marine accommodation units, with associated boat
mooring and launching facilities as well as for boat storage, mainten-
ance and repair operations.
As noted in the "Background" the subject lands are within the
Regional Flood Plain as certified by the Central Lake Ontario Conservation
Authority. Authority staff have recommended against the approval of the
rezoning; the Authority proper has granted a fill and construction permit
for the Marina expansion. As a general principle, Planning staff does not
support new development in floodplain areas and have had difficulty in pre-
paring recommendations in respect of this rezoning. In light of the approvals
granted by the Central Lake Ontario Conservation Authority and as the proposal
conforms to the policies of the Regional Official Plan, staff recommend
approval of the proposal provided that the attached rezoning By-law and
Development Agreement (Report P-101-81) are adopted by Council. The rezoning
by-law is designed to restrict the expanded marina to several commercial
uses, i.e. a permanent residential use is not permitted. The Development
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Agreement places the onus for future possible flood damage on the
property owner, i.e. the Town is to be saved harmless from future
claims or causes of action.
Respectfully submitted,
DNS:TTE:LB D. ASmith, M.C.I.P.
May 19, 1981 Director of Planning
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CENTRAL LASE ONTARIO CONSERVA,'TIC�N Al1'T14 0RITY
1650 DUNDAS STREET EAST, WHITBY,ONTARIO. UN 21<8 (416)579-0411
REFNO. L-3-3
September 24, 1980.
The Regional Municipality of Durham,
Planning Department,
Box 623,
105 Consumers Drive,
Whitby, Ontario,
LIN 6A3
Attention: Mr. G. D. Cameron, Manager,
Current Operations Branch
Dear Sir:
i
Subject: Application For Rezoning,
Part of Lot 10, Broken Front Concession,
Town of Newcastle,
Former Township of Darlington
File Number: Z-A-2- 13•- 1
Authority staff have completed a review of this proposed rezoning.
Although it is not specified within the information accompanying your
circulation, it is our understanding, based on discussions with Town
Of Newcastle staff, that the subject lands are presently zoned "Open
Space" and "Agriculture" and that the applicant is seeking a "Marine
Commercial" special provision in order to implement a proposal involving
eight units, two of which wiji be townhouses.
The site is prone to approximately 10 feet of flooding under regional
storm conditions. Thus , the existing zoning categories more accurately
reflect the natural hazards of the property than that sought by the owner.
Rased on the above, Authority staff do not recommend the approval of this
proposed rezoning. This is consistent with our comments on a similar
application circulated for comment earlier this year .
Yours very truly,
William Fry,
PP4'soIIFC<
WF X� -=
MAR 2 1981
n /
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�£ ���)a OF NEWCASTLE
R�q r,oN a'�c PLAII ING DE;'h,1y)TMENT
CENTRAL LADE ONTARIO CONSERVATION AUTHORITY
1650 DUNDAS STREET EAST, WHITBY,ONTARIO. L1N 2K8 (416)579-0411
REFNO.L-3-3 (1981 )
February 27, 1981 .
Corporation of the Town of Newcastle,
Planning and Development Department,
Municipal Building ,
Hampton, Ontario,
LOB 1JO
Attention: Mr. T. 1'. Edwards, M.C. I .P. ,
Current Operations Planner
Dear Mr. Edwards :
Subject: Application For Rezoning,
Part of Lot 10, Broken Front Concession,
Agricultural and Open Space to Marine Commercial ,
Port Darlington Marina,
File Number: Z-A-2- 13-1
Authority staff has completed a review of the above proposed rezoning
application particularly as it relates to site plans P-322 dated November
and December 1980, prepared by Abbott Drafting and Design , and a draft
development agreement.
The subject lands are presently zoned Agricultural and Open Space and the
applicant is seeking a Marine Commercial zoning in order to permit the con-
struction of 22 residential units.
The site is prone to approximately 10 feet of flooding under regional storm
conditions. The existing zoning categories reflect more accurately the
potential hazards 'Uf the site than does the zoning sought by the owner. We
are greatly concerted that the proposed development would be vulnerable to
the actions of flood waters and ice , and would not provide vehicular access
during a regional `50rt77 since " - ite would be totally surrounded.
CENTRAL LAh ONTARIO CONSERVATION AUTHORITY-0o
Corporation of the Town of Newcastle February 27, 1981
Attention: Mr. T. T. Edwards Page 2
On these bases , we are unable to support this proposed rezoning.
Yours very truly,
William Fry,
Resources Planner.
WF/klt
cc Mr. E. Mitchell , Ministry of Natural Resources, Lindsay
cc Mr. G. D. Cameron, Manager, Current Operations Branch, Regional Municipality
of Durham, Whitby
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� , t Art}•�� C IAL LAKE ON TAHIO CoNSERVATIC " AUTHORITY
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c l {�." 1650 Dundas Street East, Whitby, Ontario, L1N 2K8 ��Cl0�Z�
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879-0411
PERMIT No.
'trrriar. � File No. �.
Whitby, Ontario_ `��r" i f 1
In accordance with Ontario f er pjlation 824/73, permission
has been granted to
Phone 3 ;;�l
Address
Location: Lot l`_ n o(
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Municipal Addittss
For the following works:
to Construct is [ Lui i, hot isC
to construct x 5.t�i:I ; -'. •,t lz)t' Cii't ,___ i r r r3i31 ;r'6".i�1 i o Icpt �ir:a:f
ssociatt(i f iii <_�� � fltli,ed, Pl�`9�r� -
the above-described property
During the period of 9 1 to._
subject to the following gt:r; r; l and specific conditions: _
General Conditions: See Revvis€; Side
Specific Conditions:
l . - That Ow appi 1 ,,,11 i lit_a;
�'. Any f I I catc r i; 1
flarsh shat I Ir,
terrnjn J 'fry r'r i,, curl t�
I1r� ���•tira��::r>nc�ri iir � i ,,,ig �s .�,r .�,i , - � E.r f i� �, :
3. The cf redo i nor
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t he Aui hor i t.,, ,t
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t!. l ho pwcf J4 c,t
I kV l lot: re l
to carry out or cause to be carried out the work(s) indi-
cated above in compliance the General and Specific conditions set ?ut herein, and in accordance with
the information contained in the application and aray accompanying plan.$. I realize that should I carry out
the work(s) contrary to tljt� t��r:r7s of this permit that this permit may tae revoked, I also realize that this
permit is valid only for they t€me period noted and i agree to reapply to' the Authority, prior-'�to the expira-
tion of this period should an r--�k:tcnsion be required',
Signature of licant ;r
F Abp
Sighature Of Enforceme,it 0ifi (;I.,
Signature
NOS w:; s p "r "n €s ri'�" tyre app. nt of tho obligation to securr; any other necessary approvals.
File No,
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C i!`f-1 AL LAK 'ONTARIO CONSERVATION AUTHORITY
tt`,x 4 Dundas Street East, Whitby, Ontario, LIN 2K8
i fi�f3-€"t�i1
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�. flame (owner),
T @I E3phon
e
-Address
2. Name and address of co it,a�ctor (if appl'acable)
� 3. Locati6n of construction: Lot u _CortcesSiorj - ;;�
Municipality
Municipal address and tei isitered plan (where applicable) ! !,tf,:1- '_V_ 1
4. 'For the construction of �; � ; � ,� ;
tit)-tt F'_....:.".c
e _
qq
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5. Type of construction (F i wrre, Brick Veneer, etc:,)
V''
6. Will this proposed eons:i„c tiun activity re(tuira, the importation of fill onto the site, removal of fill, or
regrading? Yes_ I,�x,t, NOTE below)
No
7. Dates between which cot-;srruction will be can ie(l out
Date of stare ~_ _
Crate of completion
Day ---tt:artth Year Day Month_---- - `r'ear declare that the above information is correct to the hest
of my knowledge arnd I tr �r tC to abide by the Regulations made by tt Central Gake"Qntaria Conserva-
tion Authority under ` hil: Conservation Authorities Act, I /"
Date Sie fWWre t
Owner or Authorized W dent
(NOTE: If fill is to he or removed (it. Wading Is to occur before, during or after construction,
an Application To Plac:a.+ t=ill nAust alos be cornl.rlete(i.)
This application must bf, accompanied by TWO COPIES of a plan of the property showing the
proposed location of the building or strs,lt.tt.tr its elevation, and the proposed final grade plan,
including drainage metal!::•,
Questionsfor b & 6 rtrt;€,s l.rt�, ajnswered in full dvtaril, If there is insufficient space to do so on this form,
please; attach the Fan��t:��?r� ,,:qr; blank sheets of pap(