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Home My WebLink AboutPD-95-85 JVCQ) [F I o:N ri, CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 2, 1985 REPORT NO. : PD-95-85 SUBJECT: APPLICATION FOR REZONING - D. WIGMORE GUNN PART OF LOT 24, BROKEN FRONT CONCESSION, CLARKE FILE: DEU 85-11 RECOMMENDATION: It is respectfully recommended that the General Purpose and i Administration Committee recommend to Council the following: i 1 . That Report PD-95-85 be received; and 2. That application for rezoning DEU 85-11 submitted by Ms. 0. 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 I satisfied; and 4. That a copy of Council 's decision and conditions of approval be forwarded to the applicant and the Ministry of Natural Resources, . . .2 REPORT NO. : PD-95-85 Page 2 BACKGROUND: 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 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 i REPORT NO. : PD-95-85 Page 3 Region of Durham Planning Department "We note that the subject property is designated "Major Open 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." COMMENT: 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 1 C�� REPORT NO. : PD-95-85 Page 4 Agricultural ; the area of this portion is 1 .06ha. As indicated by the Ministry of Natural Resources, the Agricultural zoning 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 erosion 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 the 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 application is considered. The requirements regarding the dedication of a 3.49m road widening along the frontage onto Lakeshore 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. . . .5 I REPORT 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 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 M5R 1G5 Ministry of Natural Resources Lindsay District 322 Kent Street West LINDSAY, Ontario K9V 4T7 Disk: Report .3 i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- being a By-law to amend By-law 84-63, as amended, the Comprehensive Zoning By-law of 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. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "A-Agricultural" to "RS-Residential Shoreline" as shown on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this by-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. MAYOR This is Schedule "X" to By-law 85 passed this day of , 1985 A.D. Road Allowance Between Concesslons Br.Fr,And I L_" c�i v 1 c. r CCN E'_-S `Pv EiFZOKE IN FF?CI ,'T a 9 N 'o c �c a� ns,zQKE SN N H86o 2500"e Rogl7 _N O J a 3 c0 8 W W 0 r nt r N o i 00 C z M N �^ U M C o O a 3� O m M o A cr do �qkF ANT?�j 0''0 ZONE CHANGE TO 'IRs"M qR�o Mayor 0 25 50 100m Clerk 50m b 0 LJDT 29 28 27 26 25 24 23 22 21 20 19 LOT 18 I I I A; I N Ai i I nl., I 1 I O 1 1 I I 1 N I N I 1 1 1 I I w I I 1 1 I Z 1 A.1 ; ;A ; o 1 , 1 I 1 I I 1 IA ; I SEE 1 A� I z SCHEDULE '5' 1 HWY.401 I CG•2 o (NEWCASTLE VILLAGE) N 1 N w •i E i A l I 1 1 U 1 M 2-4 i ov I I 1 1 z o I 1 U • Er I A'� I o " Former Township of CLARKE 500m M '- gym ti