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HomeMy WebLinkAboutPD-93-93 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: MATTHEWS.GPA #: PD-93-93 File #: DEV 91-049 File # DI L~ ' 1) E: J ' q I . (') L(~ q Res. #.-Z?/J ~.3S5 <>';7,3 # Cj3-g1 , Meeting: General Purpose and Administration Committee Date: Monday, June 7, 1993 Subject: REZONING APPLICATION - JACK MATTHEWS PART LOT 24, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE FILE: DEV 91-049 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-93-93 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning Bylaw 84-63, as amended, submitted by Irwin Hamilton on behalf of Jack Matthews be APPROVED; and 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Jack Matthews 1.2 Agent: Irwin Hamilton 1. 3 Rezoning: From "Agricultural (A)" to "Residential Shoreline (RS)" and "Environmental Protection (EP)" to facilitate the creation of one (1) additional non-farm rural residential lot. 1. 4 site Area: 2.08 hectares (5.15 acres) 1.5 Area Subject to Rezoning: 0.73 hectares (1.81 acres). . . .2 j ntCYCLED PAPEn R~~~I~EE TI-HS IS PRlfJTEO ON RECYCLED PAPER REPORT NO. PD-93-93 PAGE 2 2 . LOCATION 2.1 The subject property is a 2.08 hectare (5.15 acre) parcel located on the south side Lakeshore Road approximately 425 metres (1400 feet) west of Stephenson Road. For orientation purposes, the property is located just southeast of Newcastle Village. The corresponding legal description reads as follows: Part Lot 24, Broken Front Concession, in the former Township of Clarke. 3 . BACKGROUND 3.1 On September 5, 1991, Irwin Hamilton filed an application with the Town of Newcastle, on behalf of Jack Matthews, to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 to permit the creation of one (1) non-farm rural residential lot located on the western portion of the subject lands. The lot has an anticipated size and frontage of 0.73 hectares (1.81 acres) and 57.91 metres (190.00 feet) respectiyely. 3.2 The Town received a previous application for this property on November 1, 1990 from Sam Cureatz, on behalf of then owners Frederick and Nancy Curd, to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 to permit the creation of two (2) non-farm rural residential lots. A statutory Public Meeting was convened on January 7, 1991. A Planning Report was tabled at a General Purpose and Administrative Committee Meeting on April 22, 1991 informing Committee that the application had been withdrawn. 3.3 The revised application only seeks the creation of one (1) lot on the western portion of the site. The request for an additional lot located on the eastern portion of the subject lands has be~n withdrawn. . . . 3 ."'4.7 'J REPORT NO. PD-93-93 PAGE 3 3.4 A Public Meeting was held on November 18, 1991 in accordance with the provisions of the Planning Act, R.S.O. 1990. There were no objections from members of the public to the proposal at the time. Mr. Irwin Hamilton, the applicant's agent, addressed Committee in favour of the proposal. 4. EXISTING AND SURROUNDING USES 4.1 The subject lands currently contain one permanent 2 1/2 storey single family log dwelling and frame coach house located approximately in the centre of the 2.08 hectare (5.15 acre) site. 4.2 Surrounding uses to the proposed 0.73 hectare (1.81 acre) lot are as follows: East: West: North: South: Residential Residential Agricultural Lake ontario 5. OFFICIAL PLAN POLICIES 5.1 within the Durham Regional Official Plan, the subject lands are designated "Major Open Space - Lands Affected by section 12.3.3". section 12.3.3 requires the preparation of a waterfront development plan prior to development for lands so designated. until such a plan has been prepared, only recreational uses such as campgrounds, parks and golf courses may be allowed on these lands. 5.2 section 12.3.3, in addition, specifies that infilling for permanent or seasonal residential development is only permitted between two existing residential dwelling units which are no more than 91.44 metres (300 feet) apart and on the same side of the road. The subject property has a total ....4 548 REPORT NO. PD-93-93 PAGE 4 frontage of 184.94 metres (606.76 feet) with a centrally located dwelling. In order to be in conformity with the Durham Regional Official Plan, the proposed additional lot must be between two (2) existing residential dwellings being no more than 91.44 metres (300 feet) apart located on the south side of Lakeshore Road. There is a residential dwelling unit within 91.44 metres (300 feet) to the west of the existing dwelling. 5.3 For Committee's information, the newly adopted Durham Regional Official Plan designates the lands "Waterfront". policies contained within the Plan envision the Lake ontario waterfront being developed as a "people place". The waterfront shall be a continuous system, penetrating and linking the urban and rural areas. These areas may be used for observation and educational purposes. Regional Council, in cooperation with area municipalities and appropriate agencies, shall prepare a plan for all, or part of, the area designated "Waterfront" along Lake ontario. 5.4 Comments from the Durham Region Planning Department indicate that the application appears to conform with the 1976 Durham Region Official Plan as a rural residential infill unit subj ect to section 12.3.3 of the Plan. Further comments indicate that the application does not appear to conform to the 1991 Durham Region Official Plan as this use will not promote the Lake ontario Waterfront as a "people place." However, because the 1991 Durham Plan has not been approved by the Minister, its policies cannot be implemented in this instance by the Region. As the application conforms to the 1976 Plan, the Region Planning Department would not object to Council's approval of this zoning by-law amendment. . . .5 :J49 REPORT NO. PD-93-93 6. ZONING BY-LAW 6.1 within the Town of Newcastle Comprehensive Zoning By-Law 84- 63, the subject lands are zoned in part "Agricultural (A)" and "Environmental Protection (EP)". An Agricultural zone is intended to promote agricultural and related uses. The Environmental Protection zone is intended to protect the sensitive Lake ontario shoreline. PAGE 5 6.2 The applicant proposes to sever the parcel to create one (1) additional non-farm rural residential lot with a size of 0.73 hectares (1.81 acres). In order to facilitate the severance, the applicant has applied to rezone the lands to "Residential Shoreline (RS)" and "Environmental Protection (EP)". 7 . 7.1 PUBLIC MEETING NOTICE AND SUBMISSIONS Pursuant to Council's resolution of July 26, 1982 requirements of the Planning Act, the appropriate acknowledging the application was installed on the lands. The appropriate notice was also mailed landowners within the prescribed distance. and the signage subject to all 7.2 As of the writing of the Public Meeting report, no written submissions had been received by Staff. However, one counter inquiry for general information has been received by the Town. 8. RESPONSES FROM COMMENTING AGENCIES 8.1 In accordance with departmental procedures, the application was circulated to solicit comments from relevant departments, ministries and agencies. The following summarizes comments received to date. 8.2 The Town of Newcastle Public Works Department has advised that they have no objections to the proposal provided that the applicant dedicate a 4.72 metre (15.5 foot) road widening to . . . 6 ~) 50 REPORT NO. PD-93-93 PAGE 6 the Town along Lakeshore Road and meet all requirements of the Public Works Department, financial or otherwise. 8.3 The Town of Newcastle Department of Community services has deemed the application premature in view of the Town's review of its entire waterfront policy and the Crombie Royal Commission on the Waterfront study. Should the Town however proceed with the application, it is recommended that the 5% park dedication requirement be accepted as cash-in-lieu and credited to the Park Reserve Account. 8.4 The Ministry of Natural Resources has no objections to the proposal. They indicate that, under the Public Lands Act, no damming, dredging or other shoreline alterations may be conducted without receiving written approvals from the Ministry. 8.5 The Ganaraska Region Conservation Authority initially had some concerns relating to the stability of the Bond Head Bluffs due to erosion in the area. The "Lake ontario Shoreline Management Plan" prepared for the Authority had recommended a 123 metre erosion setback limit from the toe of bluff which would have effectively precluded any development on the property. The applicant subsequently retained a consulting engineer to prepare an independent geotechnical assessment of the slope for this application. The consultant recommended an erosion setback limit of 73 metres. Upon examination of the report the authority concurs with this revised setback limit and therefore has no further concerns. As a condition of approval, the Authority has requested that all lands within the 73 metre erosion setback limit be zoned "Environmental Protection (EP)". . . . 7 ,. c; 1 .)...1 REPORT NO. PD-93-93 PAGE 7 8.6 9. 9.1 9.2 10 10.1 Additional circulated agencies which have provided comments include the Town of Newcastle Fire Department, Ministry of Agriculture and Food, Durham Regional Health unit and Town of Newcastle Building Department. None of the aforementioned agencies have provided objectionable comments regarding the proposed zoning by-law amendment. STAFF COMMENTS The application falls within the "Town of Newcastle Waterfront study" area which is examining land use options for all lands located south of Highway 401 in the Town of Newcastle. Although this document has not yet been finalized, it raises the issue of shoreline erosion along the Bond Head Bluffs. This report recommends that no further residential development be permitted along the shoreline in view of the erosion concerns and the 123 metre erosion setback limit. However, as the document has no official status, its recommendations cannot be implemented in this instance. The approval of this application would not prejudice the routing of a Waterfront Trail in the future. This trail is currently proposed in the "Town of Newcastle Waterfront study" to run along Lakeshore Road instead of on private property. CONCLUSION In consideration of comments contained in this report, approval of the rezoning application from "Agricultural (A)" to "Residential Shoreline (RS)" and "Environmental Protection (EP)" would appear proper. It is therefore respectfully recommended to Committee that the attached zoning by-law amendment be APPROVED. This would permit the applicant to make the necessary application to sever the lot in the future. :) REPORT NO. PD-93-93 PAGE 8 Respectfully submitted, Recommended for presentation to the Committee uJ}f~ Wu , M . C . 1. P . Director of Planning and Development RH*FW*cc *Attach 28 May 1993 Interested parties to be notified of Committee and Council's decision: Jack Matthews 759 Huntingwood Drive Agincourt, ontario M1T 2L3 Irwin Hamilton Barrister and Solicitor P.O. Box 39 1 Division Street Bowmanville, ontario L1C 3K8 Mr. D. I. Cronk R. R. # 3 Lakeshore Road NEWCASTLE, ontario LOA lHO 53 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle in accordance with application DEV 91-049 to permit one (1) rural residential lot. NOW THEREFORE BE IT RESOL YED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" to "Residential Shoreline (RS)" and "Environmental Protection (EP)" as shown on the attached Schedule "A" hereto 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1993. BY-LAW read a second time this day of 1993. BY-LAW read a third time and finally passed this day of 1993. MAYOR CLERK J This is Schedule "A" passed this~day to of By-law 93-_, , 1993 A.D. ] Clerk ROAD [ R4 l777if ZONING CHANGE FROM ILLL.J "A" TO "RS" IOQQ<J ZONING CHANGE FROM ~ "A" TO II'EP" r~:?~~ ZONING TO REMAIN "EP" Mayor LOT 24 LOT 23 LOT 22 LOT 21 I ~ONCESSION I ROAD I ffi I fu I Iii (fl Z ~ 0 ~ Vi (f) w c..> Z o c..> I- Z o I~ w ~ o 0:: CD I I ~A-l Former Township of CLARKe- -~.'-~"-'~"~"~'~"-'--"'---'-'-~"" .....-... . ,.. r' 0 200 500 IOOOm ,- I,) J~ ..... - - ) ~- - ',~ '- '- room 100 ~........