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Home My WebLink AboutPD-209-91 Addendum UNFINISHED BUSINESS THE CORPORATION OF THE TOWN OF NEWCASTLE DN: ADDEND.GPA REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, October 7, 1991 Res. # ADDENDUM TO By-Law# Report#:---pD-2-09-9-1- File#: --DEAV-9-1-010 Subject: REZONING APPLICATION - JOHN WALLACE PART LOT 10, BROKEN FRONT CONCESSION FORMER TOWN OF BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD-209-91 be received; 2 . THAT Report PD-209-91 be lifted from the table and be considered; and 3 . THAT the recommendations contained in Report PD-209-91 be APPROVED. 1. BACKGROUND: 1. 1 At its meeting held on September 9, 1991, the General Purpose and Administration Committee tabled Report PD-209- 91. 1. 2 At its meeting held on September 30, 1991, Council directed Staff to place Report PD-209-91 back on the agenda for consideration. 1. 3 This addendum report is prepared to provide additional information to the Committee in addition to the information contained in Report PD-209-91 (copy of which is attached herein) . 2 ADDENDUM TO REPORT NO. : PD-209-91 PAGE 2 2. COMMENTS: 2 . 1 Paragraph 7 of Report PD-209-91 stated the planning reasons why Mr. Wallace's rezoning application should not be approved. Staff's position of this remains unchanged. 2 . 2 It is noted that the municipality cannot refuse to issue a building permit to Mr. Wallace to reconstruct the dwelling that was raged by fire provided that the said dwelling is approximately the same size and height of the original dwelling and further that the new dwelling must be constructed on the original foundation/or foundation footprint. For the Committee's information, Mr. Wallace proposed to construct a one and one half storey on a new foundation footprint whereas the previous dwelling was single storey. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief A m strative and Development Officer FW*Jip *Attach 1 October 1991 t � I THE CORPORATION OF THE TOWN OF NEWCASTLE DN: WALLACE.GPA REPORT i : General Purpose and Administration Committee I Or --V Meeting: File# b � � i7 V 1 c9( � Date: Monday, September 9 , 1991 Res. # Report#:PD-209-91 File#: DEV 91-010 By-Law# Subject: REZONING APPLICATION - JOHN WALLACE PART LOT 10, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWbUMVILLE I Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-209-91 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted be John Wallace be DENIED. 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 r 1.2 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. 3 Area: . 1783 hectare ( .44 acres) I 2. BACKGROUND j 2 . 1 The subject property contained a seasonal dwelling since the early 1900 's. Mr. John Wallace has owned the subject property since it 1984 . Early in 1991, the existing 77 .38 square metre (833 square i foot) cottage was severely damaged by fire. E 16 6 Pw:1ED 04 gEGYGIf D vahq REPORT NO. : PD-209-91 PAGE 2 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 and is known municipally as 52 West Beach Road. 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. I 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 1 designated as "Major Open Space - Lands Affected by Section �) 12 .3.311 . 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 I� recreational 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 as yet. �I4.2 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 91.44 metres (300 +I feet) apart and on the same side of the road MAY be permitted for permanent and/or seasonal residential development provided that the REPORT NO. : PD-209-91 PAGE 3 Region and the respective area municipality are satisfied that such development will not jeopardize the objectives of this plan. It is noted that the intent of the Regional Official Plan is that the subject property be utilized as major open space. 5. ZONING BY-LAW COMPLIANCE 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, the .f subject property is zoned in part Residential Shoreline-Special Exception (RS-1) and in part Environmental Protection (EP) . Since the current zone category recognizes 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 relating to the proposed zoning by-law amendment. 6.2 The Town of Newcastle Community Services Department has advised that the subject property and the surrounding area is currently under review through the Town's Port Darlington Secondary Plan and the Royal Commission on the Future of the Toronto Waterfront. The f Community Services Department noted that the approval to permit the re-development of the subject property may prejudice the Ila recommendations of these studies. . Therefore, the Community Services Department has recommended that the application be deferred until the Town's Waterfront Study and the Royal Commission's Study have been completed. 6 .3 The Central Lake Ontario Conservation Authority has advised that the entire lot is subject to flooding under Regional storm conditions and consequently the entire lot should be zoned Environmental Protection (EP) and not just a portion of the subject property. However, since the lot previously contained a single detached dwelling which was recently destroyed by fire, the REPORT NO. : PD-209-91 PAGE 4 Authority has no objection to an Environmental Protection-Exception zoning to permit the proposal. The Authority further notes that if, the application were to be approved the By-law should be specific in order to limit the dwelling to its previous size and location. 6 .4 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 .5 The Regional Health Department has advised that they have no objections 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 .6 The balance of the circulated agencies which have provided comments are the Town of Newcastle Public Works Department, the Town of Newcastle Fire Department, the Regional Works Department and the Regional Planning Department. None of these agencies have provided objectionable comments with respect to the proposed zoning by-law amendment. 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 proposed 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 subject land is part of a damage centre along the Lake Ontario 10 shoreline as identified in the Shoreline Management Study prepared REPORT NO. : PD-209-91 PAGE 5 for the Central Lake Ontario Conservation Authority. Therefore, the property is 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 . 3 In addition, Section 12 of the Shoreline Management Study has listed several conclusions and recommendations regarding policies to be implemented by the Authority and the local municipality in 'a managing the shoreline area. Recommendation #3 on page 71, states as follows: "Acquisition of the shoreline should be considered by the appropriate agencies, where feasible and practical, because it is generally the most effective means of minimizing private property damage and risk to life resulting from shoreline hazards. It can also protect the public amenity and recreational value of the shoreline. " 7 .4 Furthermore the Town's solicitor has verbally advised that the West - Beach Road is not a municipally owned street but is in fact a private right-of-way with .easements in favour of the abutting property owners in order to provide access. Section 3.7(a) of By- law 84-63 states that "no person shall erect any building or structure in any zone, after the date of the passing of this By- law, unless the lot upon which such building or structure is to be erected fronts upon an improved public street" . 7 .5 In conclusion, staff . are concerned with the impact of the application on both the Port Darlington Secondary Plan and the AM Royal Commission in that the application is in conflict with the goals and objectives of both studies. Given that it is the intent ' of both studies that the ownership of the lands in question eventually be transferred to the public domain, the entrenching of residential uses in the area should be strongly discouraged. i REPORT NO. : PD-209-91 PAGE 6 7 . 6 In view of the comments contained within this report, staff recommend that the zoning by-law amendment application submitted by John Wallace be DENIED. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief A nistrative and Development Officer WM*LT*FW*df *Attach 29 August 1991 Interested parties to be notified of Council and Committee's decision: John Wallace 52 West Beach Road Bowmanville, Ontario. 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