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HomeMy WebLinkAboutP-20-78 CORPORATION OF THE E TOWN OF NEWCASTLE PLANNING DEPARTMENT TELEPHONE 263-2231 - HAMPTON, ONTARIO, LOB 1JO REPORT ITO. 1?-20-78 TO: Chairman and Members of Planning and Development Committee DATE: February 26, 1978 STF.BJECT: PROPOSED ZONING AMEMWT - Tr 32IDSMP FARMS,- Part Lot 28, Concession BF., Newcastle pillage (File No. Z-s.A-3-12-5) 1. .SatZoduotion On November 18, 1977, Mr. Charles Fwert appeared before the Planning Administration Committee with respect to the above proposed marine comer- cial and residential project. The Planning Administration Committee re- quested that the owner submit site plans for his proposed development. On December 14, 1977, 10 copies of the site plan were submitted. These were circulated for comment on December 15, 1977• The site plans proposed the addition of a, sports pavilion, swimming pool and tennis courts to the existing marina and related facilities. The plan also proposed 64 rental cottages, 103 apartments, 3 staff houses, a confer- ence centre and 16 bedrooms and 3 other buildings containing eating houses, stores, restaurants and offices. 2. Official Plan Provisions The subject site is designated Major Open Space and Hazard Land in the proposed Region of Durham Official Plan. The relevant provisions of the Plan to this proposal. are Sections 12.2.2, 12.3.3, 12.3.5 and 1.3.1t. These are summarized below- 1) Section 12.2.2 permit recreational uses in addition to various agri- cultural uses in the Major Open Space Designation. 2) Section 12.3.3 prohibits -the construction of new permanent or seasonal dwellings in waterfront areas until completion of a waterfront plan. It permits the conversion of a group of seasonal dwellings served by a communal water supply to permanent use. (2) 3) Section 12.3.5 (as modified) permits the use of the subject lends prior to the completion of the waterfront plan for a "marina recreational and associated uses" subject to a satisfactory site plan agreement with the Town of Newcastle. 4) Section 1.3.4 provides that in the Hazard Land Area, the Conservation Authority shall consider any adverse environmental impact and proposed methods of overcoming such impact. In sum, a marina,reoreational and associated uses appear to be permitted in the proposed official plan provided that any adverse enviroxunental impacts can be satisfactorily overcome. 3. Zone Provisions The site is presently zoned OS-1 (Open Space and floodplain) and RU (Rural). The uses proposed in the site plan axe not permitted by the present zoning. 4. Circulation of the Proposal The site plan submitted was circulated to the folloidma agencies for their comments: 1) The Northumberland and Newcastle Board of Education. 2) The Peterborough-Victoria-Northumberland and Newcastle Separate School Board, 3) The Durham Planning Department. 4) The Durham Works Department. ,) The 11inistry of Natural Resources. 6) The Ganaraska Conservation Authority. 7) The Newcastle Village Public Utilities Commission. 8) The Newcastle Works Department. 9) The Newcastle Fire Department. No comments were received from the Newcastle Fire Department. 5. Resume of Siga4ficant Comments The following agencies made significant or critical comments. 1) The Durham Planning Department advised that the proposal appeared to conform vrith Section 12.3.5. c of the proposed Official Plan (see above reference to Official Plan). (3) 2) The Ganaraska Conservation Authorit, advised. that the final. site plan had taken into account all of their concerns. 3) The Newcastle Works Department advised that a development agreement would be required regarding garbage, snow removal_, drainage and easements. They were =table to see where the access to the development would be but advised that the public road proposed would have to be constructed by the developer to meet the Town's Design Criteria. 4) The Durham Works Department advised that "the existing water supply system in the Village of Newcastle is operating at capacity and there- fore cannot support any additional development at this time, in addition, there are no watermaians within the vicinity of the subject lands. however, construction is tentatively scheduled in lby of 1978 for a new water supply plant immediately south of the subject development and it is anticipated that this faoility will be completed stud operational by late 1979, at which time adequate capacity will be available. In conjunction with the water supply plant const--suction, a 1611 diamenter trunk watermain will be installed from the plant to the existing water distribution system in the Village of Newcastle. In order to provide seater supply to the subject proposal, the developers will be required to extend a watermain of adequate size :From the trunk watermain to service their lands. There is presently adequate capacity at the Graham Creek Water Pollution Control Plant to service the subject proposal. However, due to the topography of the lands in question the developers will be required to install at their cost a sewage pumping station and forcemain system with a direct outfall to the Graham Creels Plant. The details regarding this paxtioulax facility would be subject to further engineering investigation. In order to cover all aspects for the provision of Regional sewer and water services it will be necessary for the developers to enter into a servicing agreement with the Region, however, due to the present constraint with respect to municipal water supply, we must emphasize that the Region will not be in a position to consider such an agreement until at least six months prior to completion of the proposed water supply plant and related trunk imtermains". 6. Staff Comments In reviewing this proposal, staff have identified three issues of major concern. These are: 1 ) Residential. Occupancy 2) Public Access 3) Servicing Commitment. At this time, we have assumed that the detailed siting of buildings and other facilities is not an issue at the present time, and would be dealt with in a site plan agreement which would follow upon overall approval of the project. Therefore, we have concentrated herein on the major items of concern. 1) Residential. 0 ccupancv The intent of the proposed Regional Official flan is that any residential use of the subject lands should be "associated" with the marina and other recreational facilities available on the property. Regional staff have indicated verbally that they do not envisage this as :permitting use of the site for permanent year round residential purposes. We have considered the question of permanent versus seasonal occupancy and have come to the conclusion that enforcement of seasonal occupancy limitations would be extremely difficult in any fZiture situation where the owner was not co- operative with that restriction. The most effective means of maintaining the "association" with the marina axe the following: 1 . Restrict the number of dwellings permitted to the number of boat spaces available on the harbour. There axe now 120 boat slips in the liaxbour. 2. Stage the development in relation to the demand for seasonal accommodation. There may in fact be a quite limited number of people who want or can afford to both own a yacht and rent a cottage at the same time. If the development is allowed to -oreoede the demand for seasonal. accommodation, -this encourages the establishment of a :permanent residential. use. 3. Restrict the floor area per dwelling to a maximam which would discourage year round use. While the above measures would encourage the use of the site for seasonal or intermittent residence only, and the zoning may specify seasonal use only, in view of the possible difficulty of enforcing such restrictions, no exemption should be granted from the usual development charges for residential development. 2) Public Access Until 1970, 7.7 acres forming the peninsula, between the Ilasbour and Lake Ontario were owned by the Village of Newcastle and, known as 'Jubilee Park'. In 1970, this park was sold to Windsweep Farms for $5750. or 050. per core. Two appraisals of the property were done, but neither considered the development potential of the site for marine commercial purposes although that was the lm coo for which the land was being acquired. They also did not consider the cost of replacing the parkland being sold or the crucial importance and value of the subject land to the overall development. Although the value of land in this area I chataged substantially since 1970, we believe that the land comprioing, 'Jubilee Park' was sold at substantially less than its full market value. In addition, of course, the federal Department of Public Works I)Dxj expended a considerable amount of money in the construction of a break wall and the dredging of the haxbo'ur entrance. The harbour io entirely owned by Wind weep Farme. -Vindswoep Farms are now aalking that the Town of Newcastle assume for maintenance a road which would provide access only to their development. We are not criticizing the use of public funds or public land to promote a private development which is con- sidered to be a benefit to the community, but there shou].d be some benefits to the public both generally and locaaly which correspond to the public contribution to the overall development. There is strong likelihood that the proposed resort residential development would monopolize the use of the harbour to the exclusion of local people and the boating public generally. The construction of a residential development within the site where the docking facilities are tied to the rental of the dwelling units in effect changes the development from a commercial marina to a private resort and yacht club. It is considered that the site plan agreement should include provisions granting the public the right to YiW,,o use of thevaterfront area and. also ensuring the public's right to mehe une of a share of the harbour facilities. It should be poasible to do this without adversely affecting the overall development. 3) Sol-vick9Z Commitment It should be noted that the residual capacity o:: the present Newcastle Village sewage treatment plant is 11�51� persons. The estimated popula- tion of the proposed development using Durham 11=ko Department occupancy assumptions is 440 persons. The Durham Works Department have plana to double the capacity of the existing plant, but -this work is now mililvely to proceed before 1982. Subdivision;- proposals submitted in the -urban area of the Village of Newcastle could more than fUly utilize the residual capacity presently available. In view of the uncertain demand for the type of accommoda- tion proposed in this development, it would appoax to be unwise to fully commit such a large portion of the available capacity to this development at the present time. We would therefore suggest the,'t approximately one third of the total development be committed at the present time with the remainder being deferred until additional sevtap treatment plant capacity is available or until a further assessment of the market for seasonal housing in the area can be made. RE COMMMATION 1. It is recommended that the portion of the sitet including water covered areas which axe shown in the submitted rAte plan for marine and related uses be re-zoned to an appropriate marine commercial category. c-78,-3 (6) 2. Die immediate shoreline axea and the portion of the site indicated for recreational urges be re-zoned to an appropriate open space category. 3. That one third of the portion of the site indicated for residential use be re-zoned to an appropriate seasonal residential. category. (seasonal to be defined in terms of number of days per year of occupancy rather than a paxticxular seazon). 4. The above changes in zoning be enacted after enter by the developer into a registerable plan agreement with the Toim of Newcastle dealing with those matters specified in Section 35 a of the Planning Act plus the following- 1 ) Construction of a public road to connect with the existing municipal road system. 2) Provision of public access to the waterfront and harbour. facilities. 3) Provision for a subsequent agreement regarding Regional Services and development charges. 4) Provision for payment of local development charges in accordance with by-lair 76-58. 5. The remainder of the site be re-zoned to a defe=ed development category. 6. It is ft then recommended that the Tovm Manager be instructed to prepare the required site plan agreement in consultation with appropriate staff and legal counsel. Respectfully submitted, 5;'p— F-��Vv� George F. Howden, Town P1.aranex?.