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Home My WebLink AboutPD-171-81 i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 13, 1981. REPORT NO.: PD-171-81 SUBJECT: Application for Rezoning Number Z-A-2-13-2 Part of Lot 11, Broken Front Concession, former Town of Bowmanville. - Edward and Gloria Noseworthy. Recommendations: It is respectfully recommended:- 1. That Report PD-171-81 be received; and 2. That the attached Agreement be executed and the accompanying amendment to By-law 1587, as amended, be approved. Background and Comment: On September 29, 1980 the Planning and Development Committee considered Staff Report P-146-80 in respect of the above-noted application for rezoning. The purpose of that application was to rezone the subject property in order to permit the applicant to use the existing cottage located on the lands as an accessory building. As a result of the Committee's consideration of this matter, it was i recommended to Council that the subject application be approved and a by-law adopted by Council at such time as the applicant had entered into an agreement with the Town ensuring that the cottage will be used only as an accessory building. In that regard, the required �� I - 2 - Report PD-171-81 agreement has now been signed and submitted by the applicant. It would now be appropriate to forward this agreement together with the attached By-law to Council for execution and approval respectively. Respectfully Sul mitted; :- e T.T. Edwards, M.C.I.P. Deputy Director of Planning EP:1f September 30, 1981. r 1 / ;.r PD CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH,M.C.I.P., Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 RLPORT TO TILL PLANNI.NG AND DEVLLOPM`INT COMT11TTEL MEETING OF SLP'1'LI.113I;R 29, 1980. R.EPORT NO. : P-146-80 SUBJECT: Application for Rezoning Number Z-A-2-13-2 Part of Lot 11, Broken Front Concession, former Town of Bowmanville - Edward and Gloria Noseworthy BACKGROUND: The subject application requests an amendment to the Restricted Area (Zoning) By-law of the former 'Town of Bowmanville in respect of a 1317 square metre parcel of land fronting on a private lane extending north from Cove Road in Bowmanvi.l.lu . The ipp.licant is requesting an amend- ment to By-.law 1587 to permit the continued use of the two existing buildings on the site for residential. purposes . The amendment would have to include a provision to permit residential uses on a property without frontage on a public highway. The site is designated "Major Open Space" in the Region of Durham Official Plan. Only recreational uses are permitted on lands in this vicinity prior to the preparation of a Waterfront Plan. However, Section 16.6.5 of the Plan would permit Council to amend the Bowmanville Zoning By-law to permit the continuation, expansion or extension of the existing i residential uses on the subject site . i 2 - The site is zoned "Agriculture" in the Bowmanville Zoning By-law. Only single family dwellings which were in existence on the date the By-law was passed are permitted in this zone. The By-law also requires that lots have frontage on a public highway. The buildings on the subject site were erected in 1968, and prior to the amendment of the By--law to introduce the present zone pro- vision for the Agriculture Zone. However, since the buildings do not comply with the zone requirements in effect at the time of their con- struction, they do not have the status of a legal non-conforming use. A special provision to the By-law would be required to legalize this use. The application was circulated to the Durham Planning and Works Department, the Durham Health Unit, Central Lake Ontario Conservation Authority, Newcastle Works Department and the Long Range Planner for the Town of Newcastle for comment. The Durham Planninand Works D_ ep artment submitted the following comments: ",fire :subject .lands are designated "Major Open apace" in the Dur- ham Regional Official Plan. Under Section 12. 3. 3, only recreational uses are permitted prior to the preparation of a waterfront plan for this area. Section 16.6:5, however, states that at the dis- cretion of the area municipality, the continuation, expansion or enlargement of an existing use may be recognized in the restricted area (zoning) by-law provided there is no adverse effect on the- surrounding lands or the implementation of the provision of the Durham Plan. We note that reference to "existing uses" may be interpreted to include illegal, non-conforming uses. With respect to Regional services, be advised that municipal water and sanitary sewer services are not available to the site and the Region has no plans to extend services to this area. We understand that the existing dwelling is being adequately serviced by private well and septic tank." The Durham Health Unit advised the following: I "The Durham Regional Health Unit offers no objection to the above mentioned application provided that a Class 6 (aerobic) system is installed when required, and the existing cottage is used only as an accessory building for storage. '' The Newcastle Public Works Department offered the following: "The Public Works Department have no comments relative to the subject application; however, it should be noted that the existing dwelling and cottage front on a private road, and, therefore, no services are provided. " The Long Rye Planner for the Town of Newcastle stated the following: "The Bowmanville Official Plan designates the site as "Open Space" and the Durham Regional Official. Plan designates the site as Major Open Space subject to a waterfront study. Section 12. 3. 3 of the Regional Plan restrtcis the use of the site to recreational uses until a study has been undertaken. Notwith- standing this fact, Section 12. 3.10 permits a single family dwelling on existing lots of record if such lot complies with the provisions of the zoning by-law. Section 16.6.5 would also permit Council to zone to recognize an existing use." The Central Lake Ontario Conservation Authority had no objection to the proposed rezoning. COMMENTS: It is noted that the subject site fronts on a private road extending north from Cove Road in BowmanvLlle, and that the road is not maintained by the Town. Staff has no objection to the continued use of the lot for residential purposes but note that the site is not served by municipal water or sewage supply and is not large enough to support two single family dwellings. In fact, the Durham Health Unit's approval of the proposal is based on the condition that the cottage on the site will not be used for residential purposes of any kind. For this reason, it is suggested that the subject site be rezoned to permit the continued use of the site for one single family dwelling,g } g, provided that the applicant has entered into an agreement with the Town to guarantee that the cottage on the lot will not be used for residential purposes and to acknowledge that the road I 1 I iii 11! 4 - abutting the subject site is a private road which will not be maintained by the Town. RI;COMENDAT I0 N: It is respectfully recommended: 1. That this report be received for information; 2. That the attached By-.law 80- be forwarded to Council for information; 3. That staff be authorized to negotiate an agreement with the proponent guaranteeing that the existing cottage on the site will not be used for residential purposes and acknowledging that the road abutting the site is a private road which is not maintained by the municipality; 4. That, once the above-noted agreement has been executed by the Town and the proponent, the attached By-law 80- be forwarded to Council for approval; and S . That the Region of Durham be advised of Council's action in respect of the subject application. Respectfully submitted, N.Ir:lb D. N. Smith, M.C.I,P. August 22, 1980 Director of Planning I