HomeMy WebLinkAboutPD-1-91 TOWN OF NEWCASTLE
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--- P U B L I C M E E T I N G
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: Monday, January 7, 1991
REPORT #: PD-1-91 FILE #: DEV 90-092
SLRECT: REZONING APPLICATION - CURD
PART LOT 24, BROKEN FRONT CONCESSION, FORMER TWP. OF CLARKE
FILE: DEV 90-092
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose &
Administration Committee recommend to Council the following:
1. THAT Report PD-1-91 be received;
2 . THAT the application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, submitted by
Sam Cureatz on behalf of Frederick and Nancy Curd be
referred back to Staff for further processing pending the
receipt of all outstanding comments; and
3 . THAT the interested parties listed in this report and any
delegation be advised of Committee's and Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Frederick and Nancy Curd
1. 2 Agent: Sam Cureatz
1. 3 Rezoning: From in part "Agricultural (A) " and in part
"Environmental Protection (EP) " to an appropriate
zone in order to facilitate the creation of two
(2) additional non-farm rural residential lots .
1. 4 Area: 2 hectares (4 . 94 acres)
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REPORT PD-1-91 PAGE 2
2. BACKGROUND
2 . 1 On November 1, 1990, Sam Cureatz filed an application with
the Town of Newcastle, on behalf of Frederick and Nancy
Curd, to amend the Town of Newcastle Comprehensive Zoning
By-law 84-63, in order to facilitate the creation of two (2)
non-farm rural residential lots .
2 . 3 The subject property is situated on a 2 hectare (4 . 94 acre)
parcel located on the south side of Lakeshore Road
approximately 425 metres ( 1400 feet) west of Stephenson Road
but is more formally described as Part Lot 24, Broken Front
Concession, in the former Township of Clarke.
3. PUBLIC NOTICE AND SUBMISSION
3 . 1 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 . In addition, the appropriate notice was mailed to
each landowner within the prescribed distance.
3 .2 As of the writing of this report, no written submissions
have been received. However, Staff did receive one counter
inquiry from an area resident who requested more detailed
information with respect to the proposed zoning by-law
amendment.
4. OFFICIAL PLAN CONFORMITY
4 . 1 Within the Durham Regional Official Plan, the subject
property is designated as "Major Open Space - Lands Affected
by Section 12 .3 . 3 " . Section 12 . 3 . 3 requires the preparation
of a waterfront development plan for lands so designated
prior to development. Until such time as a development plan
has been prepared, only recreation uses such as campgrounds,
parks and golf courses may be allowed. For the Committee's
information, a development plan has not been prepared for
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REPORT PD-1-91 PAGE 3
the subject property. However, Town Council is on record to
request funding from the Provincial Ministries to assist in
the preparation of a waterfront plan for the entire
shoreline of the Town of Newcastle.
4 .2 In addition, Section 12 . 3 . 3 specifies that only infilling
between two existing residential dwellings which are no more
than approximately 91.44 m (300 feet) and on the same side
of a road may be permitted for permanent and/or seasonal
residential development. The subject property has a
frontage of 184 . 94 m ( 606 . 76 feet) with a centrally located
dwelling. In order for the two additional lots be created
and considered to be in conformity with the Durham Regional
Official Plan, the proposed newly created parcels must be
between two (2) existing dwellings which are no more than
91. 44 m (300 feet) apart and on the south side of Lakeshore
Road. There is a residential dwelling within 91.44 m (300
feet) to the west of the existing dwelling on the subject
property and therefore the proposed westerly parcel can be
considered to be in conformity with the Durham Regional
Official Plan. However, the nearest residential dwelling to
the east of the existing dwelling on the subject property is
well beyond a distance of 91.44 m (300 feet) . Therefore,
the proposed easterly parcel is not in conformity with the
Durham Regional Official Plan.
I
5. ZONING BY-LAW COMPLIANCE
5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-
I
63, the subject property is zoned in part, Agricultural (A)
and in part, Environmental Protection (EP) . Land so zoned
are intended to be used for agricultural and agricultural
related uses . Staff notes for the Committee's information
that the applicant intends to sever the 2 hectare (4 . 94
acre) parcel to create two (2) additional non-farm rural
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REPORT PD-1-91 PAGE 4
residential lots . All of the newly created parcels would
not comply with Section 6 . 3 of By-law 84-63, which requires
a minimum lot area of 40 hectares (98. 83 acres) for the
subject property.
5 . 2 Therefore, the applicant has applied to amend the Town of
Newcastle Comprehensive Zoning By-law 84-63 in order to
permit the severance applications to be considered.
6. AGENCY COMMENTS
6 . 1 In accordance with departmental procedures, the application
was circulated to obtain comments from other departments and
agencies . The following provides a brief synopsis of the
comments received to date.
6 .2 The Town of Newcastle Public Works Department has advised
that they have no objections to the proposal subject to the
provision of several regulatory conditions. Firstly, that
the applicant dedicate a 4 . 72 m ( 15 .5 foot) road widening to
the Town along Lakeshore Road. Secondly, that the applicant
contribute $13,680 . 00 towards the costs of
reconstructing/upgrading Lakeshore Road. Thirdly, that the
applicant meet all the requirements of the Public Works
Department, financial or otherwise.
6 . 3 The Town of Newcastle Community Services Department has
advised that they have no objection to the proposal.
However, the Community Services Department has requested
that the 5% parkland dedication requirement be accepted as
cash-in-lieu with the funds realized to be credited to the
Park Reserve Account.
6 .4 The Regional Planning Department has reviewed the subject
application within the context of the Durham Regional
Official Plan. As noted earlier, the Regional Planning
Department has advised that proposed westerly lot can be
considered to be in conformity with the Durham Regional
REPORT PD-1-91 PAGE 5
Plan. However, the proposed easterly lot is not in
conformity with the Durham Regional Official Plan and the
severance of this parcel cannot be considered unless the
applicant were to bring forth an application to amend the
Durham Regional Official Plan.
6 .5 The Ganaraska Region Conservation Authority has reviewed the
proposal and advises that the recommended setback from the
toe of the bluff is 85 m (278 . 87 feet) . As a result, a
large portion of the subject property, including the
existing dwelling and carriage house are within the erosion
setback limit.
The Authority has acknowledged that the rezoning process is
being sought in order to facilitate the future severance of
Parcels 1 and 3 . Therefore, the Authority has advised that
due to the erosion setback limit, it will not favourably
view the future proposed severances .
6 . 6 The balance of the circulated agencies which have provided
comments are the Town of Newcastle Fire Department, the
Regional Health Department and the Ministry of Natural
Resources . None of the aforementioned agencies have
provided objectionable comments with respect to the proposed
zoning by-law amendment. The Regional Works Department, the
Ministry of the Environment, the Ministry of Agriculture and
the Royal Commission on the Future of the Toronto Waterfront
have yet to respond.
7. STAFF COMMENTS
7 . 1 As the purpose of this report is to satisfy the requirements
of the Planning Act with respect to a Public Meeting, and in
consideration of the outstanding comments and the issue of
Official Plan conformity, it would be in order to have the
report referred back to Staff for further processing and the
preparation of a subsequent report.
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REPORT PD-1-91 PAGE 6
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence/]V- Kotseff, M.C. I .P.
Director of Planning Chief A i istrative
and Development Officer
WM*FW*lp
December 12, 1990
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S
DECISION:
Frederick and Nancy Curd
R.R. #3
NEWCASTLE, Ontario
LOA 1HO
Sam L. Cureatz
Barrister and Solicitor
19 Ontario Street
BOWMANVILLE, Ontario
L1C 2S2
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