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Home My WebLink AboutPD-107-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: WALLACE.GPA REPORT P U B L I C M E E T I N G Meeting� General Purpose and Administration Committee Date: Monday, May 6, 1991 Res. # By-Law Report#:ED-10-7-9 1 File #: DEV 91-010 Subject: REZONING APPLICATION - JOHN WALLACE PART LOT 10, BROKEN FRONT CONCESSION FORMER TOWN OF BOWMANVILLE FILE: DEV 91-010 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-107-91 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by John Wallace 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 Council 's decision. 1 . APPLICATION DETAILS 1 . 1 Applicant: John Wallace 1. 3 Rezoning: From in part Residential Shoreline - Special Exception (RS-1) and in part Environmental Protection (EP) to an appropriate zone in order to permit the demolition of the existing fire damaged dwelling and the construction of a new single detached dwelling. 1. 4 Area: . 1783 hectare ( .44 acres) 2 . BACKGROUND 2 . 1 The subject property has been used to house a seasonal dwelling since the early 1900 's . Mr. John Wallace has owned the subject property since 1984 . Early in 1991 the existing 77 . 38 square 2 REPORT NO. PD-107-91 PAGE 2 metre (833 square feet) cottage was severely damaged by fire. Since the current zone category (RS-1) recognizes only existing seasonal dwellings as permitted uses, the applicant submitted an application to the Town of Newcastle in order to permit the demolition of the fire damaged dwelling and the construction of a new seasonal dwelling. 2 .2 The subject parcel is a rectangular shaped parcel, . 17 hectares in size, located in Part Lot 10, Broken Front Concession in the former Town of Bowmanville. 3 . PUBLIC NOTICE AND SUBMISSIONS 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. 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 the subject property. 4 . 2 However, in addition to the campground and other recreational uses, Section 12 . 3 . 3 stipulates that infilling between two existing residential dwellings which are no more than approximately 91.44 metres (300 feet) apart and on the same side of the road may be . . . . 3 REPORT NO. PD-107-91 PAGE 3 permitted for permanent and/or seasonal residential development. The subject property is located between two existing seasonal dwellings which are approximately 30 metres (98 . 4 feet) apart and therefore the application can be considered to be in conformity with the Durham Regional Official Plan. 5 . ZONING BY-LAW COMPLIANCE 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63. the subject property is zoned in part Residential Shoreline - Special Exception (RS-1) and in part Environmental Protection (EP) . Since the current zone categories recognize only existing seasonal dwellings, the applicant has applied to appropriately amend the Town of Newcastle Comprehensive Zoning By-law 84-63. 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 comments received to date. 6 .2 The Regional Health Department has advised that they have no objection to the application and that a certificate for a Class 5 system has been issued to the applicant for the construction of a new single detached dwelling. 6 . 3 The Ministry of Natural Resources has advised that they have no objection to the application provided that the current Environmental Protection zoning remains on the subject property. 6 .4 The balance of the circulated agencies which have provided comments are the Town of Newcastle Public Works Department and the Town of Newcastle Fire Department. Neither of these department have provided objectionable comments . The Central Lake Ontario Conservation Authority, the Regional Planning Department and the Regional Works Department have all yet to respond to the circulation. . . . .4 iJ I I REPORT NO. PD-107-91 PAGE 4 7 . STAFF COMMENTS 7 . 1 The applicant is seeking to rezone the subject property in order to permit the construction of a new single detached dwelling to replace the fire damaged seasonal dwelling. The subject lands are proposed to be designated as Open Space in the Port Darlington Secondary Plan. It is intended by this Plan that the subject lands be acquired by the Municipality for parkland purposes . Therefore, the erection of new permanent dwellings would appear to be contrary to the goals of the Port Darlington Secondary Plan since the construction of the new dwelling would make the acquisition of the subject property less feasible. 7 .2 The proposed Port Darlington Secondary Plan is still currently being developed and reviewed by Town Staff in consultation with the Town's consultants, F. J. Reinders and Associates and Hough Stansbury Woodland. Comments from various agencies noted the need to prepare a functional road alignment study and a review of the floodplain prior to the adoption of the proposed plan by Council. 7 .3 In addition, the subject lands are part of a damage centre along the Lake Ontario shoreline as identified in the Shoreline Management Study prepared for the Central Lake Ontario Conservation Authority. Therefore, these lands are subject to flooding from both high water and wave action on the lake and flooding from both the Bowmanville Creek and Soper Creek. Given the problems experienced by the Municipality due to erosion along the Cedar Crest Beach, it may be inappropriate to entrench residential uses along the West Beach Road. 7 .4 Furthermore, the Town's solicitor is currently undertaking a title search of all properties in the area for the purpose of clarifying property ownership and the legal status of the West Beach Road. This report should be received and reviewed by Staff prior to Council consideration of the subject application. . . . .5 REPORT NO. PD-107-91 PAGE 5 7 .5 Nevertheless, 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 issuesraised within this report, it would be in order to have the application referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee I Franklin Wu, M.C. I .P. Lawrenc . Kotseff Director of Planning Chief A inistrative and Development Officer WM*FW*cc *Attach 26 April 1991 Interested parties to be notified of Council and Committee's decision: John Wallace 52 West Beach Road BOWMANVILLE, Ont. L1C 3K3 1�/i.ail '-cail"611"ES-570 Oil Yt-NORTH L/M/r OF LO>•S /6' /7, B /B - PLAN HO ! NE AaG:.E 4/ 4 LOT/i7 J� NW ANGLE A -Q LOT 16 WIT I j e I !' 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