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HomeMy WebLinkAboutP-70-81 ,�zE 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 APRIL - - --- ------- 27, 1981. REPORT NO. : P-70-81 SUBJECT: Application for Rezoning Number Z-A-2-13-3 Part of Lot 9, Broken Front Conession, former Town of Bowmanville - Mr. E. Gingell RECOMMENDATIONS: It is respectfully submitted: 1. That Report P-70-81 be received; and 2. That application for rezoning, file Z-A-2-13-3 affecting Part of Lot 9, Broken Front Concession, / Town of Bowmanville,(be denied• nd ,'- 3. That said application be reconsidered ai such time as the applicant satisfies the requirements of the Central Lake Ontario Conservation Authority and the Regional Municipality of Durham; and 4. That the applicant be so advised. BACKGROUND: The subject application requests an amendment to the Bowmanville Zoning By-law to rezone a .32 ha (0.8 ac.) parcel of land fronting on First Street in the Town of Bowmanville. The applicant intends to rezone the site for residential purposes. 4� 2 - The site is designated "Major Open Space" subject to Section 12.3.3 of the Region of Durham Official Plan, which requires the preparation of a waterfront plan prior to any development occurring. However, Section 12.3.10 of the Durham Plan would permit single family dwellings on existing lots of record. In this regard, the proposal appears to conform to the policies of the Durham Official Plan. The site is presently zoned "A-Rural" in the Bowmanville Zoning By-law. The proposed amendment would apply a "Special Condition" to this site in order to permit the erection of one single family dwelling. The application was circulated to the Durham Planning, Works and Health Departments, the Central Lake Ontario Conservation Authority, the Ministry of Natural Resources, the Newcastle Fire Department and the Newcastle Works Department for comment. i The following comments were received: The Durham Planning Department "Please be advised that the subject site is designated "Major Open Space" in the Durham Regional Official Plan. It is also located within an area where a waterfront plan shall be pre- pared. Notwithstanding the above, Section 12.3.10 of the Durham Plan permits a single family dwelling on an existing lot of record. The proposal would appear to conform. The subject site is designated "Industrial" in the Bowmanville Official Plan. Since this designation is in conflict with the provisions of the Durham Plan, the policies of the latter shall prevail in accordance with Section 16.3.2 of the Durham Plan." The Region of Durham Works Department and the Durham Health Unit "Municipal water supply is available to the frontage of the However, sanitary sewer service is not available to the subject land and the-Region has no glans to extend-sanitary services_ into this particular area of Bowmanville. However, we note that the Durham Regional Health Unit has offered no objection to the proposal. 3 Also, the proposal which changes the zoning category from Rural to Residential, represents an increase in residential usage of the subject land. It would be apprec- iated therefore, if you would advise the applicant to contact Mr. G. Crawford of the Durham Works Department in order to discuss the Region's financial requirements related to Regional services." -------------------- The Central Lake Ontario Conservation Authority "Portions of the subject lot lie within the 100-year Lake Ontario erosion limit as calculated on the Great Lakes Flood and Erosion Prone Areas mapping. The erosion line identifies the erosion limit in accordance with annual recession rates and includes adequate area for stabilization. The line thus identifies the safe lot line limits for develop- ment. This line affects the front portion of the lot and encroaches from between 10 to 30 metres, moving easterly. Building line setbacks should be derived from these positions, and may affect conformity with existing zoning requirements. The site is also prone to flooding under regional storm con- ditions. Flooding would affect all but two small portions of the property, namely the northeast and southeast corners. Flood levels would have a maximum depth of 2.9 feet. A copy of the pertinent flood plain mapping is included for your information. In light of the foregoing, rezoning to permit residential uses would create a new building lot within a flood and erosion susceptible area. Authority staff recommend that this appli- cation not be approved." The Ministry of Natural Resources "No objection." The Newcastle Fire Department "No objection." The Newcastle Public Works Department "As requested, I have reviewed the subject application and it is noted that there is a fence located on Town property. In order to eliminate the possibility of any future street 111a_LL1Lt_a11a1LL:U PLUD-Le-111S, _L WOUJ-U EUC0111111ULL(I L11UL Lile fe-ace. etther' be removed or relocated off the right-of-way and that this be a requirement before the rezoning is granted." IV -C) - 4 - COMMENTS: Staff have reviewed the subject application submitted by Mr. Gingell and note that the subject property is an existing lot of record which had been created prior to the passing of the former Town of Bowmanville. Said by-law applies zone provisions which restrict the use of the property to agricultural uses and prevent the erection of new single family dwellings within the zone. Notwithstanding the provisions of the Durham Regional Official Plan which would permit the development of a single family dwelling on the subject lot, the Central Lake Ontario Conservation - Authority has indicated that the property is subject to potential erosion and flood hazards. In that regard, Section 1.2.5 of the Regional Plan indicates that it is Regional Policy to preserve and conserve hazard lands and to manage said lands in a manner which will protect adjacent uses from physical hazards. Section 1.2.6 of the Regional Plan further constrains the development of hazard lands by making such development subject to conservation authority regulations and the provisions of section 1. 3.4 of the Regional Plan. Section 1.3.4, in turn, specifies provisions which must be considered when reviewing an application to erect buildings on hazard lands. The requested rezoning would permit the erection of one single family dwelling on the subject lot. However, the existing zoning, which restricts such development, respects the apparent intent of the Durham Regional Official Plan in respect of hazard lands. We are, therefore, hesitant to recommend approval of the subject application unless the applicant is able to satisfy any and all requirements of the Central Lake Ontario Conservation Authority in respect of developing a residential use upon this lot. - 5 - Furthermore, the Region of Durham has advised that, while municipal water supply is available to the site, sanitary sewers are not. Inasmuch as the Health Unit has offered no objection to the pro- posal, the Region would be willing to consider development of the lot on the basis of municipal water and a private waste disposal system subject to the applicant satisfying the Region's financial requirements in respect of regional services. Based upon the foregoing, it would be appropriate for the applicant to contact both the Central Lake Ontario Conservation Authority and the Durham Regional Works Department to ascertain their respective requirements. In the meantime, the application for rezoning should be denied without prejudice and reconsidered at such time as the applicant is able to satisfy the requirements of the Conservation Authority and Durham Region. Respect ully submitted, TTE/EP/LB D. N. Smith, M.C.I.P. April 1, 1981 Director of Planning