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HomeMy WebLinkAboutP-119-81 fV ll CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JUNE 22, 1981. REPORT NO. : P-119-81 SUBJECT: Proposed Rezoning - Part of Lot 9, Broken Front Concession, former Town of Bowmanville E. Gingell - Our File: Z-A-2-13-3 RECOMMENDATIONS: It is respectfully recommended that the Planning and Develop- ment Committee recommend to Council the following: 1. That Report P-119-81 be received; and that 2. Application for rezoning Z-A-2-13-3 affecting part of Lot 9, Broken Front Concession, former Town of Bowmanville, I be approved conditional upon the applicant entering into the attached agreement; and that 3. The Clerk be directed to prepare the necessary by-law authorizing execution of the required agreement, to be forwarded to the Council Meeting of June 29, 1981; and that 4. The attached by-law be forwarded to Council for approval at such time as the required agreement has been executed by the applicant. - 2 - BACKGROUND & COMMENTS: On April 27, 1981 the Planning Committee considered staff report P-70-81 (copy attached), in respect of the above-noted appli- cation for rezoning. As a result of their consideration, the Committee recommended to Council the following: "1) That report P-70-81 be received; 2) Application for rezoning, file Z-A-2-13-3, affecting part of lot 9, Broken Front Concession, Town of Bow- manville be not approved at this time; 3) Said application be reconsidered by staff at such time as the applicant satisfies the requirements of the Central Lake Ontario Conservation Authority and the Regional Municipality of Durham; 4) That the applicant be so advised." These recommendations were adopted by Council on May 4, 1981. On June 8, 1981, the applicant, Mr. Gingell provided staff with a copy of correspondence from the Central Lake Ontario Conservation Authority, which indicated their conditions of approval for the applicant's proposal. These were as follows: "1) That the house be setback a minimum of 12.2 metres (40 ft.) from the front property line to provide a margin of safety from the 100 year erosion limit; 2) That all openings in the proposed dwelling be at an elevation of 78.69 metres (258.2 ft.) C.G.D. or higher; 3) That detailed plans for the project be submitted to the Authority including the requirements of conditions 1 and 2 above; 4) That prior to any additional construction or filling on the property, the necessary permits be obtained from the Authority; 5) That the applicant enter into a Save-Harmless Agreement with the Authority." 3 - Planning staff have reviewed the Authority's conditions and feel that the Town should apply similar conditions to the rezoning. Staff note that items 1 and 2 of C.L.O.C.A. 's conditions of approval can be incorporated within the provisions of the necessary by-law; however, items 3 to 5 inclusive may not. In that regard, staff suggest that as a condition of rezoning, the applicant be required to enter into an agree- ment with the Town, to be registered on title, which would incorporate items 3 through 5 of C.L.O.C.A. 's conditions and at the same time "save the Town harmless" from actions or causes of action arising from the Town's approval of the rezoning. With respect to Council's further proviso that the requirements of the Regional Municipality of Durham be met, we note that the applicant met with Regional staff and has been advised of the servicing requirements and charges payable prior to or at the time of issuance of a building permit. Staff are reasonably satisfied that both the requirements of the Central Lake Ontario Conservation Authority and the Region of Durham have or can be satisfied by the applicant. However, in the absence of written confirmation from said Authorities that these duties have been performed; and the fact that it appears to be Mr. Gingell's intent to market this property as a building lot, and not to develop it himself; the Town should require assurances that subsequent owners will be equally bound by and aware of the lot restrictions; thus our suggestion that an agreement be entered into and registered on title. Staff have prepared a draft agreement which we believe will adequately provide these assurances and have attached same for Council's r - 4 - review. If all parties are agreeable, then said agreement should be executed and registered on title prior to or concurrent with approval of the zoning by-law, also attached. CONCLUSION: Based upon the foregoing, staff have no difficulty in recommen- ding approval of the requested rezoning subject, of course, to the afore- mentioned condition. Respectfully submitted, f i a, TTE:lb D. N. Smith, M.C.I.P. June 15, 1981 Director of Planning