HomeMy WebLinkAboutPD-140-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN GREENSLAGPA REPORT
Meeting: General Purpose and Administration Committee File # 0 LJJ
Date: Monday, December 4, 1995 Res. #°n. I'Ll -1 7-
Report #- PD-140-95 File #. DEV 92-036 By-law # :z
Subject: REZONING APPLICATION - APPLICANT: THOMAS GREENSLADE
LOT 9, B.F. CONCESSION, TOWN OF BOWMANVILLE
67 EAST BEACH ROAD
FILE: DEV 92-036
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-140-95 be received;
2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-
Law 84-63 as submitted by Thomas Greenslade be APPROVED;
3. THAT the amending by-law attached hereto be forwarded to Council for approval;
4. THAT a copy of this report and the amending by-law be forwarded to the Region of
Durham Planning Department; and,
5. 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
"Residential Shoreline Exception (RS-4) to allow the
development of a single family dwelling.
1 4 Site Area: 0 21 hectares (0 53 acres)
2. LOCATION
2.1 The Greenslade lands are located within Part Lot 9, Broken Front Concession in the
former Town of Bowmanville. The property consists of a 0 21 ha (0.53 ac) parcel on
555
REPORT NO.: PD-140-95 PAGE 2
the south side at 67 East Beach Road in Bowmanville on the Lake Ontario waterfront.
The properly has a 42.23 m (132.0 ft) frontage and an average depth of 56.6 m
(185.4 ft). Only approximately 0.16 ha (0.39 ac) of the site are usable.
3. BACKGROUND
3.1 On July 3, 1992, Thomas Greenslade filed an application with the Municipality to
amend the Town's Comprehensive Zoning By-Law 84-63 The purposes of the
application is to change the zoning from "Residential Shoreline (RS)", "Residential
Shoreline Exception (RS-2)" and "Environmental Protection (EP)" to an appropriate
zone(s) permitting the development of a single family dwelling. The dwelling would
be serviced by municipal water and a septic system.
3.2 The property originally contained a single family dwelling on the western half of the
property. The applicant demolished the structure in May, 1989 and the property has
been vacant since this time
3.3 A Public Meeting was held on September 8, 1992 at which time no one spoke in
opposition to or in favour of the application. The agent spoke in support of the
proposal indicating that adjacent residents had no objections to the new dwelling
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant
4.2 Surrounding Uses. East: Shoreline Residential
North: Shoreline Residential
West. Shoreline Residential
South: Lake Ontario
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Region Official Plan, the property is designated "Waterfront - Major
Open Space". These areas shall be developed as "people places" with the exception
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REPORT NO.: PD-140-95 PAGE 3
of significant natural areas which will be protected in their natural state. The
waterfront shall be a continuous system, penetrating and linking the urban and rural
areas. Waterfront development shall not negatively impact environmentally areas and
wildlife habitat. As part of any development and redevelopment plan, the protection
of significant wildlife and aquatic areas shall be addressed.
5.2 Although the proposed use does not conform with the waterfront policies, Section
20.11.1 indicates that, notwithstanding any other provisions of the Plan, a single
family dwelling may be permitted on existing lots of record, created on or before July
14, 1976. Provided that the lot is an existing lot of record, the proposal would
conform with the Plan.
5.3 The Official Plan of the former Town of Newcastle does not contain any policies
applicable to the subject lands. Therefore, only the Regional Plan policies are
applicable.
6. ZONING BY-LAW CONFORMITY
61 The subject lands currently contain a complex pattern of zoning. 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 Lake
Ontario is zoned "Environmental Protection (EP)".
6.2 The "Residential Shoreline (RS)" zone permits a single family or seasonal dwelling on
a minimum lot size of 0.28 ha (0.69 ac) with a 30 m (98 4 ft) frontage. Approximately
0.08 ha (0.20 ac) of the western portion of the lot is within this zone.
6.3 The "Residential Shoreline Exception (RS-2)" zone recognizes existing single family or
seasonal dwellings. This zone applies to the eastern portion (0.08 ha or 0.20 ac) of
the lot and does not permit a new dwelling.
557
REPORT NO.: PD-140-95 PAGE 4
6.4 The "Environmental Protection (EP)" zone permits recreational uses, conservation,
forestry, agriculture exclusive of buildings and public works. This zone applies to the
area along the Lake Ontario shoreline and does not permit a residential building or
structure.
7. AGENCY COMMENTS
7.1 The application was circulated to solicit comments from other relevant agencies
Comments indicating no objections have been received from the following agencies:
• Municipality of Clarington Fire Department
• Municipality of Clarington Community Services Department
• Ministry of Natural Resources
7.2 The Municipality of Clarington Public Works Department has no objections to the
proposal provided that no existing drainage patterns are adversely affected as a
result of construction.
7.3 The Durham Region Planning Department have indicated that although the
application does not conform with the designated land use. However, Section
20.11.1 of the Plan permits the development of single family dwellings on existing lots
of record, created on or before July 14, 1976. Provided that the lot is an existing lot
of record and the development complies with the zoning by-law, the application
conforms with the Official Plan
The applicant would be financially responsible for any frontage charges and
connection fees required for municipal water services.
7.4 The Durham Region Health Unit originally objected to the proposal pending receipt of
a suitable site servicing plan. The applicant subsequently prepared a site servicing
report indicating that sufficient site area existed for on-site sewage disposal. The
Health Unit has no further objections provided that the applicant site the building and
558
REPORT NO.: PD-140-95 PAGE 5
sewage disposal system in accordance with site servicing report as approved by the
Health Unit
7.5 The Central Lake Ontario Conservation Authority has withdrawn its objection to the
proposal. Originally, the Authority did not support the application because the a
major portion of the property was within the floodplain. As a condition of approval,
the applicant has registered an agreement on title which provides specific guidelines
for development on the property. A "Save-Harmless" clause has also been registered
on title which releases the Authority from any financial obligations should any
damages result from natural occurrences.
7.6 Comments have never been received from the Ministry of Environment and Energy.
8. STAFF COMMENTS
8.1 The applicant's solicitor has confirmed that the subject lands constitute an existing lot
of record Therefore, the application conforms with the Durham Region Official Plan
and the applicant is permitted to construct one single family dwelling on the property.
8.2 The proposed zoning category recognizes the reduced lot area of the subject lands.
In addition, the by-law contains a special rear yard setback provision to ensure that
the dwelling is located as far away from the "Environmental Protection (EP) Zone" as
possible.
8.3 The applicant will have to satisfy the conditions of the Central Lake Ontario
Conservation Authority as stated in the registered agreement. These include
placement of fill and location of the dwelling on site.
8.4 The applicant is also subject to the payment of the appropriate development charge
for a single family dwelling at the time of issuance of the building permit. The
Development Charge By-Law contains an exemption for the payment of development
'959
REPORT NO.: PD-140-95 PAGE 6
charge provided that where a residential dwelling was demolished, a building permit
is obtained within two years of the demolition The applicant demolished the
residential dwelling in 1989 and is therefore not subject to exemption.
84 As the applicant has satisfied all of the agency concerns and is considered to be in
conformity with the Region Official Plan, it is recommended that this application and
amending by-law be APPROVED.
Respectfully submitted, Reviewed by,
Franklin Wu, M C.I.P., R.P.P W.H. Stockwell
Director of Planning Chief Administrative
and Development Officer
RH*FW*df
Interested parties to be notified of Council and Committee's decision:
Thomas Greenslade
Box 256
Sharon, Ontario
KOG 1 VO
John Clarke
c/o J C. Contracting Ltd.
49 Beaver Street South
Newcastle Village, Ontario
1_113 1H3
Ian MacDougall
1593 Abby Street
Ottawa, Ontario.
K1 B OH4
560
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DRAWN BY . M D e SCALE . i . 250 FILE No .192024-SP
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 95-
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for the former
Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the former Town of Newcastle in
accordance with Application DEV 92-036 to permit the development of a single family
dwelling.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of
Newcastle enacts as follows:
1 Section 11. "Residential Shoreline (RS) Zone" is hereby amended by adding hereto,
the following new Special Exception 11.3 4 as follows*
"Residential Shoreline Exception (RS-4) Zone
Notwithstanding Section 11,2 and Section 3.19 (a), those lands zoned "RS-4" on the
Schedules to this by-law shall be subject to the following zone regulations.
Lot area (minimum) 2,000 square metres
Rear Yard (minimum)
• where the rear yard abuts
an Environmental Protection
(EP) Zone 7.5 metres"
2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing
the zone designation from "Residential Shoreline (RS) Zone" and "Residential
Shoreline Exception (RS-2) Zone"to "Residential Shoreline Exception (RS-4) Zone" as
shown on the attached Schedule "A" hereto.
I
3 Schedule "A" attached hereto shall form part of this By-Law
4 This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act, R.S O. 1990
BY-LAW read a first time this day of 1995.
BY-LAW read a second time this day of 1995.
BY-LAW read a third time and finally passed this day of 1995
MAYOR
CLERK
563
This is Schedule "A" to By—law 95— ,
passed this day of 1995 A.D.
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ZONING CHANGE FROM "RS-2" TO "RS-4"
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