HomeMy WebLinkAboutPD-185-92 IFS CHORAIIO OF ICE °fOV1(~1 OF tJCSTL.
DN: GREENSLADE.GPA
P U B L I C M E E T I N G
Meeting: General Purpose and Administration Committee Fife ~ ~ ~ t.
Date: Tuesday, September 8, 1992 Hes ~ ~~~~'.~':~-c_1
PD-185-92 DEV 92-036 Dy-Lam
deport File
Subject: REZONING APPLICATION - THOMAS GREENSLADE
PART LOT 9, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWMANVILLE
FILE: DEV 92-036
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It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-185-92 be received;
2. THAT the application to amend the Town of Newcastle
Comprehensive Zoning By-Law 84-63 submitted by Ian MacDougall
on behalf of Thomas Greenslade be referred back to Staff for
further processing and preparation of a report subsequent
pending 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: Thomas Greenslade
1.2 Agent: Ian MacDougall
1.3 Rezoning: From "Residential Shoreline (RS)", "Residential
Shoreline Exception (RS-2)" and "Environmental
Protection (EP)" to an appropriate zone(s) to
permit proposed use.
1.4 Proposal: To construct one two-storey single-family
dwelling consisting of 2,400 sq.ft.
1.5 Site Area: 0.213 hectares (0.53 acres)
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REPORT NO. PD-185-92 PAGE 2
2. LOCATION
2.1 The Greenslade lands are located on a 0.213 hectare parcel on
the south side at 67 East Beach Road on Lake Ontario. The
property has a 40.23 m (132.0 ft. ) frontage and an average
depth of 56.50 m (185.4 ft.). Only approximately 0.157
hectares or 0.39 acres of the site are usable. In legal terms
the property is known as Part Lot 9, Broken Front Concession,
Former Town of Bowmanville.
3. BACKGROUND
3.1 On July 3, 1992, Thomas Greenslade filed an application with
the Town of Newcastle to amend the Town's Comprehensive Zoning
By-Law 84-63. The purpose of the application is to change the
current zoning from "Residential Shoreline (RS)", "Residential
Shoreline Exception (RS-2)" and "Environmental Protection
(EP)" to an appropriate zone or zones permitting the
development of one two-storey single-family residential
dwelling consisting of approximately 2,400 sq.ft. The unit
would be serviced by piped water and a septic system.
3.2 The property originally contained a single family dwelling on
the western half of the property. However, the applicant
demolished the structure in May, 1989. The property has been
vacant since this time.
4. EXISTING AND SURROUNDING U5ES
4.1 Existing Uses: Vacant land
4.2 Surrounding Uses: East: Shoreline residential
North: Shoreline residential
.West: Shoreline residential
South: Lake Ontario
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REPORT NO. PD-185-92 PAGE 3
5. OFFICIAL PLAN POLICIES
5.1 Within the existing 1976 Durham Region Official Plan, the
subject lands are designated "Major Open Space - Lands
affected by Section 12.3.3". This Section states that
Regional Council shall prepare and adopt development plans for
lands with this designation. Until these documents are
prepared, only recreational uses such as campgrounds, parks
and golf courses may be allowed. In addition, infilling
between two existing residential dwellings, which are no
further than 300 feet apart and on the same side of the road,
may be permitted for permanent or seasonal development. This
is subject to compliance with standards of the Ministry of
Environment regarding wells and septic systems as administered
by the Durham Region Health Unit.
5.2 Comments from the Durham Region Planning Department indicate
that the proposal will be serviced from an existing 150 mm
diameter watermain located on East Beach Road. However, the
Durham Region Health Unit has indicated that approval be
deferred until the applicant has submitted a suitable site
plan demonstrating sufficient area for on-site sewage
disposal.
5.3 According to the 1991 Durham Region Official Plan, the
property is designated "Major Open Space - Waterfront". These
lands shall be used for conservation, recreation,
reforestation, agriculture and farm-related uses. The Lake
Ontario waterfront should also be developed as a "people
place". Each waterfront shall be a continuous system,
penetrating and linking the urban and rural areas.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently contain a complex zoning
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REPORT NO. PD-185-92 PAGE 4
pattern. The western half of the site is zoned "Residential
Shoreline (RS)" while the eastern half is zoned "Residential
Shoreline Exception (RS-2)". The portion of the property
abutting the Lake Ontario shoreline is zoned "Environmental
Protection (EP)".
6.2 The "Residential Shoreline (RS)" zone permits a single
detached or seasonal dwelling on minimum lot area of 0.280
hectares (0.69 acres) with a 30 metre (98.4 feet) frontage.
The westerly portion of the property is within this zone and
comprises approximately 0.079 hectares or 0.20 acres.
6.3 The "Residential Shoreline Exception (RS-2)" recognizes
existing single detached and seasonal dwellings and permits
greenbelt park and flood and erosion control works . This zone
applies to the easterly portion (approximately 0.079 hectares
of 0.20 acres) and does not allow a new dwelling.
6.4 The "Environmental Protection (EP)" zone permits recreational
uses, conservation. forestry, wildlife reserves and
sanctuaries, agricultural uses exclusive of buildings, flood
and erosion control works and parking areas subject to
approval from the conservation authority. This zone applies
to the area abutting the shoreline and does not allow any
building or structure.
6.5 It is noted that even if the entire property (0.213 ha) is
placed under (RS) zone, it would fall short of the minimum lot
area requirement of 0.28 ha and hence an exception zone is
needed if approval is granted.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and
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REPORT NO. PD-185-92 PAGE 5
requirements of the Planning Act, R.S.O. 1990, the appropriate
signage acknowledging the application was erected on the
subject lands. The required notice was mailed to each
landowner within the prescribed distance.
7.2 As of the writing of this report, no written submissions have
been received. One general telephone inquiry relating to the
proposed development has been received.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other
relevant agencies.
8.2 Comments indicating no objections have been received from the
following agencies:
Town of Newcastle By-Law Department
Town of Newcastle Fire Department
Ministry of Natural Resources
8.3 The Durham Region Planning Department has indicated that the
proposal will not conform to the Durham Official Plan until
the concerns of the Durham Region Health Unit concerns with
respect to on-site sewage disposal are satisfactorily
resolved.
8.4 The Durham Region Health Unit in separate comments has
indicated that approval is not recommended unless a suitable
site plan allowing for on-site sewage disposal is received.
8.5 Comments still remain outstanding from the following agencies:
Town of Newcastle Public Works
Town of Newcastle Community Services
Newcastle Hydro Electric Commission
Central Lake Ontario Conservation Authority
Ministry of Environment ....6
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REPORT NO. PD-185-92 PAGE 6
9. STAFF COMMENTS
9.1 This property falls within the "Parkland - Town Park"
designation under the draft Port Darlington Secondary Plan
which is currently being finalized by Staff. Although the
Plan has no official status, the document suggests that
no new building permits should be issued within this area.
Instead, Council should attempt. to acquire these lands for
park purposes. Alternatively, the Plan permits the extension
of the "Village Commercial Area" onto these lands on the
condition that the Lake Ontario Shoreline is adequately
stabilized satisfactory to the Central Lake Ontario
Conservation Authority, the Ministry of Natural Resources and
Town of Newcastle, that relevant setbacks from Environmental
Protection and Hazard Land Areas are adhered to and that a
regional trail/boardwalk is constructed between the buildings
and shoreline.
9.2 The Lake Ontario Shoreline Management Plan shows the property
as being. located within Shoreline Reach 18. The 100 Year
Erosion Setback for the building is 40 m while the shoreline
is composed of sandy beach. The Central Lake Ontario
Conservation Authority should be providing more detailed
information in their comments.
9.3 As the purpose of this report is to satisfy the requirements
for the Public Meeting under the Planning Act, R.S.O. 1990,
and considering the number of outstanding comments, it is
respectfully requested that this report be referred back to
Staff for further processing and the preparation of a
subsequent report.
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REPORT NO. PD-185-92 PAGE 7
Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu,~ M.C.I.P. Lawrence E. KQt`eff
Director of Planning Chief Administrative
and Development Officer
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' *Attach
Interested parties to be notified of Council and Committee's
decision:
Thomas Greenslade Ian MacDougall
Box 256 58 Clegg Street
Sharon, Ontario Ottawa, Ontario
KOG 1V0 K1S OH8
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