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HomeMy WebLinkAboutPD-132-87,,,,r ....~iw w ~,~ ~'~; .~ ~~ ,,~~ ~~ ~;,..~~ ~ r ~~ hE~f ING: DATE: TOWN OF NEWCASTLE ~(~/ REPORT File # Q- ~~~ Res. # - ~f~J By-Law # ~ 7- ~d / General Purpose and Administration Committee Monday, Ma<y 4, 1987 REPORT #: PD-132-fi7 FILE #: DEV 8Z-15 SUB.ECT: REZONING APPLICATION - RILEY PART LOT 24, BROKEN FRONT CONCESSION FORMER TOWNSHIP OF CLARKE OUR FILE: DEV 87-15 CLERK'S FILE: 60.35.349 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PU-132-87 be received; and 2. THAT the application submitted by Mr. S. Cureatz, on behalf of the owners of the property (Riley and Auston) to rezone a parcel of land in Part of Lot 24, B.F.C., former Township of Clarke to permit the creation of one (1) additional residential lot be approved in principle and the necessary by-law forwarded to Council once the 100 year erosion limit has been determined to the satisfaction of Staff and the (Ministry of Natural Resources. BACKGRUUNU AND COMMENT: On March 4, 1987 the Planning Department received an application from Mr. S. Cureatz, on behalf of the owners of the subject lands (Riley and Auston) to rezone the subject lands to permit the creation of one (1) additional residential lot. The subject lands are designated as "Major Open Space" by the Durham Region Official Plan and are subject to the policies regarding development of waterfront areas. The implications of this will be discussed below. ...2 ~( ~~ REPORT NO.: PD-132-87 Page 2 The subject lands are currently zoned as "Agricultural (A)" and "Environmental Protection (EP)" within the Town of Newcastle Comprehensive Zoning By-law. The property was created by severance in 1986, as a retirement lot for a bona-fide farmer. The remaining lands (severed), which are to the east of the subject lands, are to be used for agricultural purposes only; therefore a 'one foot' reserve has been placed along the frontage of the property. It will not be possible to have another residential dwelling on this property. Such a use is not permitted by the Ufficial 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 no objections to the proposal were received at the writing of this Report with respect to the amendment requested. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within St aff Report PD-94-87. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Newcastle Fire Department - Newcastle Building Department - Newcastle Community Services Department - Regional Health Unit - Ministry of Agriculture and Food - Ontario Hydro The creation of one (1) additional residential lot appears to conform to the policies set out by the Official Plan. The creation of anew lot complies with the infilling criteria set down by the Region, namely there is a residence within 300 feet to the west on the same side of the road. At this time there has been no further study into waterfront policies for this area; therefore, there are no further guidelines within the Official Plan. ...3 ,~\ ~'~J REPURT NO.: PD-132-87 Page 3 The Health Services Department has no objection to the rezoning. The number of lots suitable for on site sewage disposal will be determined at the time the severance is applied for and further information has been supplied. The Public Works Department has reviewed the application and provided the following comments: "1) That a 3.65m (12') road widening be dedicated to the Town across parcels 1 through 2; 2) That the owner contribute to the costs of upgrading Lakeshore Road in accordance with Town Policy. (ie: shoulder widening and ditching) ; 3) That a maintenance easement (15m x 6m) required by the Town be granted free and clear of any encumbrances." These will be conditions which Staff shall attach to the application fo r 1 and division. In commenting on the application, Ganaraska Region Conservation Authority had no objections to the applications but noted that the Ministry of Natural Resources would comment upon lake related flood and erosion susceptibility. At the time this Report was written, Staff had received only verbal canments from the Ministry of Natural Resources. There was no objection to the proposal to create one (1) additional building lot on this site. The topography of the site creates a situation where the 100 year erosion limit is difficult to establish. At this time the Ministry Staff are drafting this limit onto an appropriate map and shall forward the information to Staff as soon as possible. While Staff have no objection to the creation of one (1) additional lot in this location, it is necessary to accurately establish the limits of the "Environmental Protection (EP)" zone prior to setting the limits of the rezoning. The l0U year erosion limit is used to provide new residents with ...4 ~~ '~ REPORT NO.: PD-132-87 Page 4 some measure of protection from short term impacts of erosion. Once the Ministry has provided the information, Staff will draft a By-law and forward it to Council for approval. Respectfully submitted, .-° . war s, . Director of Planning TFC*TTE*jip *Attach. April 23, 1987 CC: Nir. S. Cureatz Humphreys, Hillman &Cureatz Box 186 OSHAWA, Ontario L1H 7L1 Recommended for presentation to the Committee Lawrence ~. Kotsett Chief `mi ni strati ve Officer LOT 25 BROKEN f'/~ONT,s~~°~~ C NCESSION w ~ 8 ~`~ ~~~~ / ~ ~N~ y0 ~ ~ 8 ~" m tim y _ : O n 8 ~ I ^ ^ I -1 ~- 41 ~ y " ROAD ALLOWANCE. 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FENCf ` (~j -_ ~ ~ Q ~ Q S (~ , ~ ~ C \ ~l~P/0.03'- __ __ o ya, s ~, O r~ 3/6.3 , N /6°5l'~'JO "W Mus '~ * < ~ o y n ~ n a !/S.bO', H /6°10'!0 W.R.AY.Q92t/ N .'}7.97'R,wnrr7°MEAS. ~~. •' ~ •O y "' -j`L/Nf elw LO )!2l ANO t< =m pD N/D4~¢'FO"W MEAL _ ~ ~` f~T1 {~~j T \ ~. Sa. NIeM710 "w K.INKMttI ~~ ~/ `•+ b .~ , x 2 2 2 ~ ~3 `\~ /~~IQT G 7 ;~~iai~ ini ~LG~i ~ ~ ~ 1 ~ 0 '~O ~ ~ ~ ~ 1 ~ /NST N° B5Pl5 ~ Ly I~` _~ y ti j ~ # .Vq x a ~ IC~ 3' o `~ i n r ~.3 RRI~KFN FRONT GD/1/CFS.S/ON ` '~_/ AREA OF PROPOSED REZONING I 29 28 27 26 25 24 23 22 21 20 19 SEE SCHEDULE 'S' (NEWCASTLE VILLAGE) N Z O U ^ ~ Z I O ~ U r LJ.. m Z LAKE-SHORE ROAD y ~ ~' - -- - - ONj'4~/0 o ~ ~ ~~ IIKEY MAP ~`°8O° D' THESE ARE ]'C'~i;'~1;; C•r C~rJECTION TO THE PRCPO`_~ED ZO?~~?P;7 BY-LAW AN_ND:``~?v'i FLA?v';I'.d3 i ILE DEV 87-15. (1.83 hectare parcel located in Part of Lot 2(}, Broken Front Concession ...to permit the severance of 2 additional residential lots.) 1. THE DESCRIPTIOI`' of the plans for the property does not tally with the survey I received as an adjacent owner (the survey proposes 3 parcels - 1 a narrow strip along tine northern edge of parcel 2) .. but the application f'or amendment cites 2 additional residential lots. 2. THE WESTERLY LOT prcposed bridges a runoff gully which has been eroding since the original survey of my property in 1929. This natural runoff doesn't interfere with my buildings fr with the existinb home on the Reilly property but in my observation, makes the area unsuitable for building because of the division and the erosion. 3. NB: AS EVIDEPICE of the ongoing instability of the ravine area, look at the gulf in the front eastern edge of my property - formerly a solid landbridge in 1939. This gully now extends b~ron$ where shown on the existing survey.~c 4• In the estate lot properties to the West of my property, there is a 100-year erosion setback ~'~L/~' from the cliff edge. erosion is continual in this area. In the case of Mr Smith's property to the east of the Reilly's, a setback of 135' from the edge was required for building near a staliliaed ravine. I feel that these same standards of environmental projection should be applied to this application for creation of building lots. Tanis does not seem to be happening, In the most Westerly lot (which bridges the ravine) - a setback of 135'from the ravine would be reasonable. But it leaves an un-natural building area. In the case o2' the Easterly lot proposed, the same setback as on the 7 estate lots would be reasonable. As the ap;~roximate depth of the Easterly lot is 200', and there is a necessary setback for t~idening the road and ditching, this leaves another odd area for a building lot - both odd and non-conforming to existing standards. IN SU?'"~?ATION MY OBT'CCT?ONS TO THE PROPOSAL ARE: 1. Unsuitable property for division: - Westerly lot divided by an eroding run-off ravine. Remaining proposed building area an odd shape particularly when subject to local established ravine setback requirements. - Easterly portion too shallow for consideration if same standards of 100 year setback are applied to this property as to other lakeshore development in the area. Erosion is severe (see pixy. 2. unnatural increase in density and oar access: - proposal requests building lots in unn~3tural lots serviced by the Lakeshore road which has critical erosion problems. - other access is on a northerly road with level railroad crossings. and no safety apparatus. ~ S~ Ste, ' A ,, ~,~ ~ 9 ~ S ~ o-~ /~o.' ~ 9 y-~-y .