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Home My WebLink AboutPD-249-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: MATTHEWS.GPA REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # Date: Monday, November 18, 1991 Res, # Report#: PD-249-91 File #: DEV 91-049 By-Law# Subject: REZONING APPLICATION - JACK MATTHEWS PART LOT 24, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE FILE: DEV 91-049 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-249-91 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning Bylaw 84-63, as amended, submitted by Irwin Hamilton on behalf of Jack Matthews 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: Jack Matthews 1. 2 Agent: Irwin Hamilton 1. 3 Rezoning: From in part "Agricultural (A) " and in part "Environmental Protection (EP) 11 to an appropriate zone in order to facilitate the creation of one (1) additional non-farm rural residential lot. 1. 4 Site Area: 2 . 08 hectares (5. 15 acres) 1. 5 Area Subject to Rezoning: 0. 73 hectares (1. 81 acres) . 2 REPORT NO. PD-249-91 PAGE 2 2 . LOCATION 2 . 1 The subject property is a 2 . 08 hectare (5. 15 acre) parcel located on the south side Lakeshore Road approximately 425 metres (1400 feet) west of Stephenson Road. For orientation purposes, the property is located just southeast of Newcastle Village. The corresponding legal description reads as follows: Part Lot 24 , Broken Front Concession, in the former Township of Clarke. 3 . BACKGROUND 3 . 1 On September 5, 1991, Irwin Hamilton filed an application with the Town of Newcastle, on behalf of Jack Matthews, to amend the Town of Newcastle Comprehensive Zoning By-Law 84- 63 to permit the creation of one (1) non-farm rural residential lot located on the western portion of the subject lands. The lot has an anticipated size and frontage of 0. 73 hectares (1. 81 acres) and 57. 91 metres (190. 00 feet) respectively. 3 . 2 The Town received a previous application for this property on November 1, 1990 from Sam Cureatz., on behalf of then owners Frederick and Nancy Curd, to amend the Town of Newcastle Comprehensive Zoning By-Law 84-63 to permit the creation of two (2) non-farm rural residential lots. A statutory Public Meeting was convened on January 7 , 1991. A Planning Report was tabled at a General Purpose and Administrative Committee Meeting on April 22 , 1991 informing Committee that the application had been withdrawn. 3 . 3 The revised application only seeks the creation of one (1) lot on the western portion of the site. The request for an additional lot located on the eastern portion of the subject lands has been withdrawn. . . . 3 1_0 (1 I REPORT NO. PD-249-91 PAGE 3 4 . EXISTING AND SURROUNDING USES 4. 1 The subject lands currently contain one permanent 2 1/2 storey single family log dwelling and frame coach house located approximately in the centre of the 2 . 08 hectare (5. 15 acre) site. 4 . 2 Surrounding uses to the proposed 0. 73 hectare (1. 81 acre) lot are as follows: East: Residential West: Residential North: Agricultural South: Lake Ontario 5. OFFICIAL PLAN POLICIES 5. 1 Within the Durham Regional Official Plan, the subject lands are designated "Major Open Space - Lands Affected by Section 12 . 3 . 311 . Section 12 . 3 . 3 requires the preparation of a waterfront development plan prior to development for lands so designated. Until such a plan has been prepared, only recreational uses such as campgrounds, parks and golf courses may be allowed on these lands. 5.2 Section 12 . 3 . 3 , in addition, specifies that infilling for permanent or seasonal residential development is only permitted between two existing residential dwelling units which are no more than 91.44 metres (300 feet) apart and on the same side of the road. The subject property has a total frontage of 184 . 94 metres (606.76 feet) with a centrally located dwelling. In order to be in conformity with the Durham Regional Official Plan, the proposed additional lot must be between two (2) existing residential dwellings being no more than 91. 44 metres (300 feet) apart located on the south side of Lakeshore Road. There is a residential dwelling unit within 91. 44 metres (300 feet) to the west of the existing dwelling. REPORT NO. PD-249-91 PAGE 4 5. 3 For Committee's information, the newly adopted Durham Regional Official Plan designates the lands "Waterfront" . Policies contained within the Plan envision the Lake Ontario waterfront being developed as a "people place" . The waterfront shall be a continuous system, penetrating and linking the urban and rural areas. These areas may be used for observation and educational purposes. Regional Council, in cooperation with area municipalities and appropriate agencies, shall prepare a plan for all, or part of, the area designated "Waterfront" along Lake Ontario. 6. ZONING BY-LAW 6. 1 Within the Town of Newcastle Comprehensive Zoning By-Law 84- 63 , the subject lands are zoned in part "Agricultural (A) " and "Environmental Protection (EP) " . An Agricultural zone is intended to promote agricultural and related uses. The Environmental Protection zone is intended to protect the sensitive Lake Ontario shoreline. The applicant proposes to sever the parcel to create one (1) additional non-farm rural residential lot with a size of 0.73 hectares (1. 81 acres) . 7. PUBLIC MEETING NOTICE AND SUBMISSIONS 7 . 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. The appropriate notice was also mailed to all landowners within the prescribed distance. 7 . 2 As of the writing of this report, no written submissions have been received by Staff. However, one counter inquiry for general information has been received by the Town. 8. RESPONSES FROM COMMENTING AGENCIES 8 . 1 In accordance with departmental procedures, the application . . . 5 i I i REPORT NO. PD-249-91 PAGE 5 was circulated to solicit comments from relevant departments, Ministries and agencies. The following summarizes comments received to date. 8. 2 The Town of Newcastle Public Works Department has advised that they have no objections to the proposal subject to the following conditions. Firstly, the applicant must dedicate a 4. 72 metre (15. 5 foot) road widening to the Town along Lakeshore Road. Secondly, the applicant must contribute $7 , 425. 00 towards the cost of reconstructing/upgrading Lakeshore Road. Finally, the applicant must meet all requirements of the Public Works Department, financial or otherwise. 8. 3 The Town of Newcastle Department of Community Services has deemed the application premature in view of the Town's review of its entire waterfront policy and the Crombie Royal Commission on the Waterfront Study. Should the Town however proceed with the application, it is recommended that the 5% park dedication requirement be accepted as cash-in-lieu and credited to the Park Reserve Account. 8. 4 The Ministry of Natural Resources has no objections to the proposal. They indicate that, under the Public. Lands Act, no damming, dredging or other shoreline alterations may be conducted without receiving written approvals from the Ministry. They note that the local Conservation Authority may have concerns regarding erosion setback from Lake Ontario. 8. 6 Additional circulated agencies which have provided comments include the Town of Newcastle Fire Department, Ministry of Agriculture and Food, Durham Regional Health Unit and Town of Newcastle Building Department. None of the aforementioned . . . 6 REPORT NO. PD-249-91 PAGE 6 agencies have provided objectionable comments regarding the proposed zoning by-law amendment. However, the Regional Planning Department, Regional Works Department and Ganaraska Region Conservation Authority have not yet responded. 9. STAFF COMMENTS 9. 1 As the purpose of this report is to satisfy the requirements of the Planning Act with respect to a Public Meeting, and in the consideration of the outstanding comments and the issue of Official Plan conformity, it is respectfully requested to have the report referred back to Staff for further processing and the preparation of a subsequent report. 9 . 2 Staff also wish to indicate that the proposal would be subject to the recommendations of the Town of Newcastle's waterfront study when completed. In addition, the final report entitled "The Waterfront Trail" prepared for the Province of Ontario as recommended by the Crombie Commission also has some bearing on the application. It recommends that while an interim trail route is proposed for Lakeshore Road, the optimum trail route may affect the subject lands. 9 . 3 Further comments relate to the area's susceptibility to bluff erosion. In the "Lake Ontario Shoreline Management Plan" prepared jointly for the Central Lake Ontario, Ganaraska Region and Lower Trent Region Conservation Authorities, it is indicated that the subject site is susceptible to an extremely high bluff erosion volume of approximately 24, 600 m3 of sand per year and a shoreline recession rate of 0. 3 metres per year. Staff awaits further comments from the Ganaraska Region Conservation Authority, particularly regarding erosion limit setback requirements. . . . 7 4 REPORT NO. PD-249-91 PAGE 7 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief Ad i istrative and Development Officer RH*FW*cc *Attach 4 November 1991 Interested parties to be notified of Committee and Council's decision: Jack Matthews Irwin Hamilton 759 Huntingwood Drive Barrister and Solicitor Agincourt, Ontario P.O. Box 39 M1T 2L3 1 Division Street Bowmanville, Ontario L1C 3K8 I:' ® SUBJECT SITE LOT 24 LOT 23 LOT 22 LOT 21 HIGHWAY N! 1401 1 EP 1 Z 1 0- I 1 vn w V M2-4 A o 0 0 & CONCESSION ROAD 1 z � � Z E _ W a 0 0 i a in W in N w V O a w ! J I o EP _0 I � � �4K0 LL- PEF SypR ROAD Z AO I w Y .,�� ... 0 RS EP �-t m 0 100 Zoo 400m - KEY MAP 200m � Dev. 91 -049 Ca S K ACLS1`� ' $TV PgETCH SNOWING P ED GEaG12AF�tIIC I OT c-24 3 K CpRNER sf LAND D IV I S N 1p124.CpK 9 F' TOWN OF NEWCASTLE. 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