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Home My WebLink AboutP-146-80 6 c A, 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 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 29, 1980. REPORT 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 Bowmanville. The applicant 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 i By-law to permit the continuation, expansion or extension of the existing 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 Planning and Works Department submitted the following comments: "The subject lands are designated "Major Open Space" 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: "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." r 3 - 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 Range Planner for the Tom 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 restricts 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 Bowmanville, 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, 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 _ 4 _ abutting the subject site is a private road which will. not be maintained by the Town. RECOMMENDATION: 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 Ton and the proponent, the attached By-law 80- be forwarded to Council for approval; and 5,. That the Region of Durham be advised of Council's action in respect of the subject application. Respectfully submitted, NJF:lb D. N. Smith, M.C.I.P. August 22, 1980 Director of Planning CV THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 80- A By-law to amend Restricted Area By-law Number. 1587, as amended, of the former Town of Bowmanville. WHEREAS the Council of the Corporation of the Town of Newcastle DEEMS it advisable to amend Restricted Area By-law Number 1587, as amended, of the former Town of Bowmanville. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Schedule 'A' to By-law 1587, as amended, is hereby further amended by changing to SPECIAL CONDITION 16 the zone designation of the lands indicated as "ZONE CHANGE TO SPECIAL CONDITION 16" on the attached Schedule "X" hereto, and by adding to the lands so indicated cross hatching and the figure 16 encircled. 2. Schedule 'B' to By-law 1587, as amended, is hereby further amended by adding thereto the following SPECIAL CONDITION 16 as follows: "SPECIAL CONDITION 16 The lands shown on Schedule "A" cross-hatched and marked with the figure 16 encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any provision of By-law 1587, as amended, then the provisions of this Special Condition shall apply, but in all other respects, the provisions of By-law 1587, as amended, shall apply. 2 _ 1.1 Defined Area The area subject to this Special Condition is shown cross- hatched with the figure 16 encircled on Schedule "A" hereto. 1.2 Permitted Uses No person shall use any of the lands in the defined area, or erect, alter, or use any building or structure on such lands for any purpose except one or more of the following uses, namely: - one single family dwelling - uses, buildings and structures accessory thereto. 1.3 Zone Provisions (i) Lot Area (minimum) 1317.0 square metres (ii) Lot Frontage (minimum) 30.5 metres (iii) Front Yard (minimum) (a) Single Family Dwelling 6.0 metres (b) Accessory Building or Structure 27.5 metres (iv) Side Yard (minimum) (a) Single Family Dwelling 10.5 metres (b) Accessory Building or Structure 5.0 metres (v) Rear Yard (minimum) (a) Single Family Dwelling 24.5 metres (b) Accessory Building or Structure 6.0 metres (vi) Building Height (maximum) 10.5 metres (vii) Lot Coverage (maximum) 10% 3 - 1.4 Frontage on Private Road Notwithstanding any provision of this By-law to the contrary, the lands within the "Defined Area" shall be considered a "lot", as defined in By-law 1587, notwithstanding the fact that the lands do not have frontage on a public highway." 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act. BY-LAW READ a first time this day of , A.D. 1980. BY-LAW READ a second time this day of , A.D. 1980. BY-LAW READ a third time and finally passed this day of A.D. 1980. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THIS IS SCHEDULE X TO BY-LAW 80 PASSED THIS DAY OF ,A. D. 1980. p ,p•pe O . . ,. � 20.117m �o•s„; � e 0 p•�o ••pap epp •p1•e0• p •ip •epep pp N71-01 E 40.754m 0 co It E O N m m 00 z N71 001�E Q > M.. E OD � cQ 11i z o N71001�E 47,816m 0 0 0 J o m 20-117m E BLOCK ' D' REG. PLAN 198 N ZONE CHANGE TO SPECIAL PROVISION 16 0 5 10 20m O.B.Rlckard,Mayor 5 J.M.Mcllroy ,Clerk 6 15 14 I 13 I Z 10 I`P�> I p` U` I I � � ► �-� CiD �� ► I w I ]rBOWMA�VJLLE , I _ X001.0__ I I Oda - o Q ]HE� I I � OIL-• i�� C--� I L I a\ a E:? - (� I a•�- I ` �� °x�T.: I 1 j' cd SUBJECT SITE I LAKE C,1 MR10 KEY MAP for BY-LAW 80- 0 500 1000M FORMER TOWN OF BOWMANVILLE 200