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HomeMy WebLinkAboutPD-201-89DN: PINGLE TOWN OF NEWCASTLE REPORT File # 4o. .6-: _S-46 Res. # By -Law # MEETING: General Purpose and Administration Committee DATE: MONDAY, September 18, 1989 REPORT #: pp_2j_sg FILE #: DEV 89 -65 SUBJECT: REZONING APPLICATION - P. PINGLE PART LOT 10, BROKEN FRONT CONC., FORMER TOWN OF BOWMANVILLE OUR FILE: DEV 89 -65 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 201 -89 be received; 2. THAT the application for rezoning submitted by P. Pingle to permit the demolition of the existing structure and to construct a new single detached dwelling be referred back to Staff for a subsequent Report pending the receipt of all outstnading comments; and 3. THAT the applicant be so advised. 1. BACKGROUND: 1.1 On May 23, 1989, the Planning Department received an application from P. Pingle to amend By -law 84 -63. The applicant would seek to amend the current "Residential Shoreline Exception (RS -1)" to permit the demolition of the existing structure and to construct a new single detached dwelling. ...2 U I REPORT NO ®: PD- 201 -89 PAGE 2 2.1 The subject property is located at 54 West Beach Road, being Part Lot 10, Broken Front Concession, former Town of Bowmanville. The existing land uses adjacent to the subject are as follows: To the North: Bowmanville Creek /Bowmanville First Marsh To the South: Lake Ontario To the East: Single Detached and Seasonal Dwellings To the West: Single Detached and Seasonal Dwellings 3. PUBLIC NOTICE AND SUBMISSIONS: 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 As of the writing of this report, no submissions have been received. 4. OFFICIAL PLAN CONFORMITY: 4.1 The subject property appears to be situated within the "Major Open Space" designation and is subject to the provisions of Section 12.3.3 of the Durham Region Official Plan. The Regional Plan stipulates that Regional Council shall prepare and adopt plans which include appropriate development policies for said lands. Until such plans have been prepared, only recreational uses may be allowed. In addition, only infilling between two existing residential dwelling which are no more than approximately 300 feet apart and on the same side of the road may be permitted for permanent or seasonal residential development provided that infilling will not jeopardize the objectives of the Official Plan and that the Medical Officer of Health is satisfied that such development will not create any pollution problems. ...3 w � 5.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments offered no objection to the application as filed: - Town of Newcastle Fire Department - Regional Planning Department - Regional Health Services Department 5.2 The Town of Newcastle Public Works Department offered no objection to the proposal however, requested that the applicant be required to provide a Lot Grading Plan satisfactory to the Director of Public Works. 5.3 The Central Lake Ontario Conservation Authority noted that the subject property is wholly situated within the Regional Storm floodline of the Bowmanville Creek/Bowmanville First Marsh and may experience flood depths of more than 5 feet during a Regional Storm event. In addition, the property is also within an area affected by Lake Ontario wave uprush and subject to 1.5 feet of flooding during inundation. The Conservation Authority noted that while it has permitted renovations and minor additions to existing structures in this area, new construction has generally been discouraged. In view of the foregoing, Staff cannot provide positive comments on the proposal at this time. It is requested that the applicant be directed to contact the Authority regarding the current proposal for these lands, so that the necessary approvals under Ontario Regulation 161/80 may be pursued. ...4 REPORT NO.: PD- 201 -89 PAGE 4 ____________®__________._®_______________________ ___________ ______________ ______ 6. COMMENTS: 6.1 Staff in reviewing the proposal with respect to existing Official Plan policies would note Section 12.3.10 of the Durham Regional Official Plan states that single family dwellings are permitted on existing lots of record created on or before the date of Regional Council adoption of the Regional Plan subject to such lot complying with the provisions of the respective zoning By -law. 6.2 In consideration of comments from the Conservation Authority, Staff would note Section 1.2.6 of the Durham Region Official Plan which stipulates that the erection of buildings or structures in Hazard Lands shall be subject to the regulation of the respective Conservation Authority. Inasmuch as the subject property is subject to flooding and shoreline erosion and wave impact, Staff is not prepared to recommend approval of this application until such time thes hazardous conditions have been alleviated to the satisfaction of the Conservation Authority. 7. RECOMMENDATIONS: 7.1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act and in consideration of agency comments outstanding, Staff would respectfully recommend the application be referred back to Staff for further processing. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. Director of Planning & Development DM *FW *jip *Attach. August 24, 1989 . - - / _________________ Lawrenc Kotseff Chief m' istrative Officer INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION: P. Pingle R.R. #2 BOWMANVILLE, Ontario L1C 3K3 LOT I I LOT 10 LOT 9 C5 EP M2 ". ®�® ""'■ ■► HIGHWAY N° 401 \ _CAPS \\ M2 W Z P 0 M2 M1 m 'w .. z ::.•.:� ::. M 2 0 M31. X. INTERIM CONTROL ... :•. BY- LAW . ;•; C5 -2 P A w ..... 88-197 •:::•:. ;::.:; ;• : ;... w :. ::�:�:::; •:: M2 -2 �[ • : ;:: CID X. RS Rs -- Rs -2 RS-1 �- SUBJECT SITE O 5o zoo 3oom ,KEY MAP sowmle��� 1'