HomeMy WebLinkAboutPD-164-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: DEV85011.GPA
REPORT
Meeting: General Purpose and Administration Committee File# (4 ' I--)L y.
Date: Monday, July 22, 19 91 Res. #
By-Law#
Report#:PD-1ti4.-g 1_ Fife M DEV 85-011 (X-REF: LD 433/90)
Subject:
REZONING APPLICATION - D. WIGMORE GUNN
PART LOT 24, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE
FILE: DEV 85-011 (X-REF LD 433/90)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-164-91 be received;
2 . THAT in accordance with Council resolution (C# 389-85) of July 9,
1985, the attached amending by-law be forwarded to Council for
approval to rezone 1 . 06 ha of land from 'Agricultural' to
'Residential Shoreline' ; 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: Donnalu Wigmore Gunn
1 . 2 Rezoning Application: from "Agricultural (A) " to "Residential
Shoreline (RS) " .
1.4 Land Area: 1. 82 ha (4 .51 acre)
2 . LOCATION
2 . 1 The subject property is located in Part Lot 24, Broken Front
Concession, former Township of Clarke. The lands are situated
between Lakeshore Road and Lake Ontario and abut the east side of
the unopened road allowance between Lots 24 and 25 .
3. BACKGROUND
3 . 1 The purpose of the rezoning application was to place the
proponents lands in a residential zone, recognizing two (2)
existing seasonal residential dwellings . This would then allow a
severance of the lands into two (2) lots each with a dwelling.
�- 37 . . . .2
'APED «1
n 46 IS PRIMED ON nECVCLEO PAPER
REPORT NO. PD-164-91 PAGE 2
The northern portion of the lot is zoned "Agricultural (A) " while
the southern portion, below the 100 year erosion limit for Lake
Ontario as established by the Ministry of Natural Resources, is
zoned "Environmental Protection (EP) " . The subject rezoning
application was dealt with by Town Council on July 2, 1985 at
which time the following recommendations were adopted:
"THAT application for rezoning DEV 85-11, submitted by Ms . D.
Wigmore Gunn, to rezone a 1. 06 hectare parcel of land in Part .of
Lot 24, B. F. Concession, Clarke, be approved; and
THAT the By-law attached to Report PD-95-85 be forwarded to
Council for approval at such time as the Public Works
Department 's Requirements with respect to the dedication of a
road widening and the payment of costs for ditching along
lakeshore Road are satisfied; and
THAT a copy of Council 's decision and conditions of approval be
forwarded to the applicant and the Ministry of Natural Resources.
3 . 2 The by-law proposed rezones to "Residential Shoreline" , that
portion of the lot currently zoned "Agricultural (A) " . The
remainder of the lands, below the 100 year erosion limit would
continue to be zoned "Environmental Protection (EP) " . This would
effectively continue the legal non-conforming status of the two
existing dwellings . Any enlargements, extensions, reconstruction
or other structural alteration would require approval by the
Committee of Adjustment. Any new seasonal or single family
dwelling would have to comply with the "RS" zone provisions .
3 . 3 The proponent had made application for consent in 1987 (LD
037/87) , which lapsed prior to conditions being fulfilled. In
October of 1990 Town Planning Staff commented on a second
application for land severance (LD 433/90) , proposing to sever
the lot into two parcels each containing one of the existing
dwellings . The application was granted by the Land Division
Committee subject to conditions . The proponent has now fulfilled
the Town's requirements, including those of the 1985 Council
resolution. The proponent has deeded to the Town a 3 . 66 m strip
of land along the full frontage of the lot and paid a
REPORT NO. PD-164-91 PAGE 3
contribution to the upgrading of Lakeshore Road ' in accordance
with Town Policy.
3.4 In January of 1990 Planning Staff, in consideration of the time
elapsed and change in provincial policies, confirmed with the
Ministry of Natural Resources Staff that their previous comments
of July 1985, remained applicable on the subject application.
4 CONCLUSION
4 . 1 In consideration of the comments contained above and the history
of the application, Staff recommend that the By-law attached to
this report be Approved to permit the development of two
residential lots housing the two existing dwellings .
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence Kotseff
Director of Planning Chief A i istrative
and Development Officer
CP*FW*cc
*Attach
11 July 1991
ATTACHMENTS:
Attachment No. 1 - Report PD-95-85
Attachment No. 2 - Proposed By-law
Interested parties to be notified of Council and Committee's decision:
Donnalu Wigmore Gunn Sam Cureatz
31 Elgin Avenue 14 North Street
TORONTO, Ontario L1B 1H7 NEWCASTLE, Ontario M5R 1G5
Ministry of Natural Resources
Lindsay District,
322 Kent Street West
LINDSAY, Ontario K9V 4T7
Attachment No 1 -
V(OT
He No,. ' ��.. �
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1J0 TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
,x OF JULY 2, 1985
REPO 0. : PD-95-85
SU13JECT: APPLICATION FOR REZONING - D. WIGMORE GUNN
PART OF LOT 24, BROKEN FRONT CONCESSION, CLARKE
FILE: DEV 85--11
i
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
i
1 . That Report PD-95-85 be received; and
2. That application for rezoning DEV 85-11 submitted by
Ms. D. Wigmore Gunn to rezone a 1 .06 hectare parcel
of land in Part of Lot 24, B.F.C. , Clarke, be
approved; and
* 3. That the By-law attached to this report be forwarded
to Council for approval at such time as the Public
Works Department's requirements with respect to the
dedication of a road widening and the payment of
costs for ditching along Lakeshore Road are
satisfied; and
i 4. That a copy of Council 's decision and conditions of
i
approval be forwarded to the applicant and the
Ministry of Natural Resources.
f
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o
EPORT NO. : PD-95-85 page 2
:a
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BACKGROUND: _
1}V On April 18, 1985, the Town received a rezoning application
submitted by Ms. D. Wigmore Gunn for a 1 .76ha lot in Part of Lot
{. 28, B.F.C. , Clarke. The purpose of the application was to permit
_r the severance of the lot, which supports two (2) existing seasonal
dwellings, into two (2) lots, each with one dwelling. The
northern portion of the lot is zoned "A-Agricultural ", while the
southern portion below the 100 year erosion limit for Lake Ontario
as established by the Ministry of Natural Resources is zoned
"EP-Environmental Protection". The two (2) seasonal dwellings are
located entirely within the portion of the lot zoned "EP".
With respect to surrounding landuses, Staff note that the seven
(7) estate residential lots being developed by Newcastle Shoreline
Properties Limited lie directly to the west, while farmland lies
to the north. The farm house for this farmland lies directly to
the east of the property subject of the rezoning.
.In accordance with Departmental procedure, the subject application
was circulated to various departments and agencies for comment.
The following is a summary of the major comments received.
Town of Newcastle Public Works Department
"We have no objection provided:
- that the applicant dedicate to the Town, a 3.49m road widening
for the frontage width on Lakeshore Road (+ 380' );
- that the applicant agrees that the access for the two (2) lots
shall be permitted from Lakeshore Road only;
- that the applicant agrees to assume the costs of any ditching
required on Lakeshore Road to accommodate the proposed
accesses ."
. . .3
EPORT NO. : PD-95-85 Page 3
Region of Durham Planning Department
"We note that the subject property is designated "Major Open
1,r Space" in the Durham Regional Official Plan. The subject property
! ' is also subject to the policies of Section 12.3.3 of the Plan
which stipulates that further plans shall be prepared for
designated waterfront areas. Prior to the adoption of such plans,
infilling of residential buildings and conversion of existing
summer cottages to permanent dwellings may be allowed.
Accordingly, the proposal to facilitate the severance of an
existing lot into two lots, each supporting an existing cottage,
would appear to conform."
Ministry of Natural Resources
"The southern portion of the property is currently zoned
"Environmental Protection" in By-law 84-63. The extent of the
"EP" zone is based on the 100 year erosion limit, which is the
accepted provincial standard for protection against Lake Ontario
shoreline erosion standards.
This Ministry recommends that the portion of the property now
zoned EP not be rezoned to "Residential Shoreline". We have no
objection to the lands north of the 100 year erosion limit being
rezoned to "RS".
We would appreciate being advised of the Town 's decision in this
matter."
OMMENT-
Staff have reviewed the comments received through the circulation
of the rezoning application and find that there are no objections
.to the principle of rezoning the subject property to permit the
proposed severance. As well , Staff have no objection inasmuch as
the rezoning would not permit an increase in the residential usage
of the property.
* Accordingly, Staff have prepared a by-law (attached) which would
facilitate the proposed severance. The draft by-law only rezones
to Residential Shoreline, that portion of the lot currently zoned
. . .4
EPORT NO. : PD-95-85 Page 4
Agricultural ; the area of this portion is 1 .06ha. As indicated by
y%
the Ministry' of Natural Resources, the Agricultural zoning
y corresponds to the portion of the lot above the 100 year erosion
limit for Lake Ontario. The remainder of the lot, below the 100
year erosion limit where the seasonal dwellings are located , would
continue to be zoned Environmental Protection. This would have
/ the effect of continuing the legal non-conforming status of the
two existing seasonal dwellings. Any enlargement, extension,
reconstruction or other structural alteration of the dwellings
would require the approval of the Committee of Adjustment. Any
new seasonal dwelling or single family dwelling, which might be
proposed, would have to be constructed above the 100 Year erosin-ft-
limit in the RS zone and existing structures in the "EP" zone
demolished.
Staff further note that Section 3.12 of By-law 84-63 states that
where a portion of a lot is zoned "Environmental Protection", that
portion of the lot may be used for the purposes of calculating lot
area. Although a Land Division application has not been submitted
as of"Ithe date of the writing of this report , Staff have
determined that there is sufficient frontage and area for the two
new lots to meet the minimum frontage and area requirements of the
RS zone. Staff have advised the applicant of the zone
requirements of the RS zone.
With respect to the Public Works Department's comments, Staff note
that the requirement that the accesses for the two lots be from
Lakeshore Road, can be dealt with at the time the Land Division
app is considered. The requirements regarding the
dedication of a 3. d widening along the frontage onto
akeshore Road and the payment of costs associated with any
necessary ditching for accesses should be satisfied prior to the
draft by-law being forwarded to Council for final approval . Staff
will contact the applicant with respect to the fulfillment of
these latter requirements.
� f 7 . . .5
U (al
SPORT NO. : PD-95-85 Page 5
It is therefore recommended that rezoning application DEV 85-11 be
approved, but that the by-law attached to this Report not be
t` forwarded to Council for approval until such time as the Public
Works Department 's requirements with respect to the dedication of
a road widening and the payment of costs for ditching are
satisfied.
Respectfully submitted,
T.T. Edwards, M.C.I.P.
Director of Planning
JAS*TTE*jip
*Attach.
June 6, 1985
Applicant: Ms. D. Wigmore Gunn
31 Elgin Avenue
TORONTO, Ontario
i M5R 1G5
Ministry of Natural Resources
Lindsay District
322 Kent Street West
LINDSAY, Ontario
K9V 4T7
Disk: Report .3
DN: DEV 85011
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91- `•
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 to permit the continuation of a legal non-
conforming use pursuant to Section 16.6.5 of the Durham Regional
Official Plan in conjunction with application DEV 85-011 and LD
91/433.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Schedule 112" to By-law 84-63 as amended, is hereby further
amended by changing the zone designation from:
"Agricultural (A) " to "Residential Shoreline (RS) "
as shown on the attached Schedule "A"
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
1991.
BY-LAW read a second time this day of
1991.
BY-LAW read a third time and finally passed this day of
1991.
MAYOR
CLERK
-,-J,
This is Schedule "A" to By-law 91 - ,
passed this day , of , 1991 A.D.
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