Request for Decision STAFF REPORT. Recommendation. Presented To: Planning Committee. Presented: Tuesday, Jan 11, 2011

Transcription

1 Request for Decision Application for Rezoning in order to permit a permanent waterfront residential use in a seasonal zone on Makada Lake, 110 Clark Road, Lively - Margaret & James Johnson Presented To: Planning Committee Presented: Tuesday, Jan 11, 2011 Report Date Thursday, Dec 16, 2010 Type: Public Hearings File Number: 751-8/10-4 Recommendation That the application by Margaret & James Johnson to amend By-law Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as Part of Parcel S.W.S., Part of Lot 2, Plan M-591 being Part 1, Plan 53R in Lot 6, Concession 2, Township of Waters from "SLS", Seasonal Limited Service to "R1-1 Special", Low Density Residential One Special be approved subject to the following conditions: 1. That prior to the adoption of the amending by-law, the portion of Clark Road extending from the westerly limit of the subject property to the northeasterly limit of the Crown parcel where it abuts Parcel 5686 S.W.S., shall be surveyed and transferred to the City to the satisfaction of the City Solicitor. The transfer shall include the following lands: i) from the centre line of the road south and/or east to the abutting private property line; and, ii) 33 feet north and/or west of the centre line; 2. That prior to any site alteration within 15 metres on either side of the drainage course, and/or 15 metres from the high water mark of Makada Lake, the owner shall make an application to the Nickel District Conservation Authority under Section 28 of the Conservation Authorities Act; and, Signed By Report Prepared By Mauro Manzon Senior Planner Digitally Signed Dec 16, 10 Reviewed By Paul Baskcomb Director of Planning Services Digitally Signed Dec 16, 10 Recommended by the Division Art Potvin Manager of Development Services Digitally Signed Dec 16, 10 Reviewed By Bill Lautenbach General Manager of Growth and Development Digitally Signed Dec 16, 10 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed Dec 16, That the amending by-law include the following site specific provision: a) Except for those uses permitted under Section , the minimum waterfront setback for any residential building or other accessory buildings or structures shall be 15 metres from the high water mark of Makada Lake. STAFF REPORT

2 Applicant: Margaret & James Johnson (Agent: M.D. Sinclair) Location: Part of Parcel S.W.S., Part of Lot 2, Plan M-591 being Part 1, Plan 53R in Lot 6, Concession 2, Township of Waters (110 Clark Road, Walden) Application: To amend By-law Z being the City of Greater Sudbury Zoning By-law from "SLS", Seasonal Limited Service to "R1-1", Low Density Residential One. Proposal: Application for rezoning in order to permit a permanent waterfront residential use (single detached dwelling) on Makada Lake. Official Plan Conformity: Seasonal to Permanent Residential Use Section of the Official Plan contains policies related to the rezoning of seasonal properties in order to permit a permanent waterfront residential use, as follows: a) the dwelling has frontage on a public road maintained year-round; b) Ontario Building Code standards for permanent dwellings are met; c) minimum lot size requirements of the Zoning By-law have been satisfied; d) approval is obtained for a Class 4 sewage system; and, e) there is an adequate supply of potable water. Waterfront development Section of the Official Plan sets out policies intended to maximize the amount of natural vegetation along shorelines and streambanks in order to protect lake water quality. A shoreline buffer zone must be maintained at a minimum of 12.0 metres from the high water mark. For residential uses, a maximum cleared area of 25% of the shoreline or up to 23 metres, whichever is lesser, is permitted. These policies are now being implemented through By-law Z, being the recently adopted City of Greater Sudbury Zoning By-law. The Plan further states that existing watercourses will be left in their natural state wherever possible (Section 8.6.2). In this case, a drainage course traverses the property in a southeasterly direction, providing natural drainage for a wetland area located to the northwest, as illustrated on the aerial photo. Natural Heritage On Schedule 3, Natural Heritage of the Official Plan, Makada Lake is indicated as having an unknown

3 thermal regime. A wetland area is illustrated to the northwest. No additional environmental constraints are indicated. Conformity with the Official Plan is based on a review of the above noted considerations. Site Description & Surrounding Land Uses: The subject property is located on Clark Road on the northwesterly shore of Makada (Black) Lake. The area is rural in character, presenting a mix of permanent and seasonal residential uses. Municipal sewer and water services are not available. Clark Road traverses a large Crown parcel on the west side of Makada Lake. Although maintained by the City, it is not owned by the municipality. There are 10 residential properties on Clark Road: six (6) single detached dwellings, three (3) seasonal dwellings, and one (1) vacant lot. Two of the properties are zoned R1 for permanent waterfront residential use. The remaining properties are zoned SLS for seasonal use. The subject lot was created by way of a consent process in Total area is ha, with 43.6 m of water frontage. The lot does not directly abut the travelled portion of Clark Road. Access is provided by means of a right-of-way across the abutting lot to the east. Site conditions are quite varied. The lot has a fairly steep descent towards the lake, with a comparatively flat area by the shoreline. A number of trees have been removed to accommodate a recently constructed driveway, the base of which has been built up with a significant amount of rock rubble. The 80 m2 cottage is set back 9 metres from the water s edge based on the submitted survey plan. Accessory buildings include a small shed and sauna. A natural drainage course crosses the property in a southeasterly direction, providing drainage for a large wetland area to the northwest. The drainage course is partially illustrated on the attached survey plan. A short footbridge provides access over the drainage course where it enters the lake. At the time of the site visit in mid-november, the watercourse was dry. The shoreline area has remained relatively undisturbed. A concrete dock is anchored just offshore. Fairly flat rock outcrops extend into the water, as shown in Photo 10. The lot to the east is vacant (100 Clark Road). A portion of the abutting site has been cleared of trees and vegetation. A float plane is docked at the shoreline. A single detached dwelling is situated on the lot abutting to the south (130 Clark Road). Departmental & Agency Comments: Development Engineering Development Engineering has reviewed the above noted application. This site is not presently serviced with municipal water or sanitary sewer. The requirement for potable water was satisfied during the consent application for this property. We have no objection to amend the "SLS", Seasonal Limited Service zone to "R1-1" Low Density Residential One to permit a single detached dwelling on Makada Lake. Transportation Engineering

4 Further to your letter dated October 28, 2010 received in our office on November 4, 2010, Roads and Transportation Staff have reviewed this application and can provide the following comments: The owner is required to have surveyed and transferred to the City the portion of Clark Road from the west property limit easterly to the extent owned by the Crown. The transfer shall include from the centre of the road, south to the abutting private property line and 33 feet north of the centre line. Nickel District Conservation Authority This letter will supercede our previous correspondence of November 4th and 15th, in connection with this application. Upon further review, our Policy states that no development of buildings or placement of fill can occur within 15 metres from the normal high water mark of Black Lake. There is a drainage course through the property from a wetland. The drainage course must be protected and any development within the buffer zone of 15 metres on each side of it will require an application to the Nickel District Conservation Authority. In addition, any works on the shoreline, on the watercourse, or in the water (docks, retaining walls, etc.) will require a direct application under Section 28 of the Conservation Authorities Act. In addition, the new Zoning By-Law for the City of Greater Sudbury Z, states in Section , Shoreline Buffer Areas, that: "Notwithstanding any other provision of this By-law to the contrary, a shoreline buffer area is to remain in a natural vegetated state to a depth of 12.0 metres from the high water mark of a waterbody. Notwithstanding the above, the following areas adjacent to the shoreline on a lot are permitted to be cleared of natural vegetation: a) On any residential lot, no more than 25% of the length of the shoreline buffer area of the lot to a maximum length of 23.0 metres of the shoreline of the lot." I trust this is the information you require. Neighbourhood Consultation: Given the fairly isolated rural location, a neighbourhood meeting was not recommended prior to the public hearing. As of the date of this report, one phone call was received by a property owner who has concerns related to the natural drainage course as well as the proposed siting of any new dwelling. Background: The property was created as part of a consent process initiated in 2007 (File B0211/2007). The easterly 0.42 ha (1.04 acre) portion of the original lot was severed. The subject lot forms the westerly portion that was retained. A right-of-way access over Part 2 in favour of the subject lot was also approved. A minor variance for water frontage of approximately m (143') where a minimum of 45 m (147.6') is required was approved in 2008 (File A0145/2008). In 1995, an adjacent property located to the east was successfully rezoned to R1.D2.5-1, which is now R1-1(1) under By-law Z (90 Clark Road; File # 751-8/95-5). As a condition of approval, the Ministry of Natural Resources required a 20-metre waterfront setback in order to protect the warm water fishery of

5 Makada Lake. Furthermore, the Ministry stipulated that mature vegetation and the soil mantle within the buffer zone shall be maintained in a natural state. (Note: MNR no longer provides comments on planning applications on private lands.) Planning Considerations: There are three main issues concerning this application: conformity with Official Plan policies related to the redevelopment of seasonal properties to permanent residential use; protection of the natural drainage course; and, implementation of appropriate building setbacks and a shoreline buffer zone. Road frontage In order to rezone from seasonal residential to permanent residential use, Official Plan policies require the subject lot to have frontage on a public road which is maintained year-round (Section 5.2.1). The subject lot does not directly abut the travelled portion of Clark Road, as illustrated on the applicant s survey plan. Although maintained by the City, Clark Road is not owned by the municipality. The road traverses a large Crown parcel and has not been surveyed. Beyond 130 Clark Road, which abuts the subject lot to the south, there are two more dwellings at the very end of the road, a further distance of 0.8 km. The entire road has an approximate length of 1.3 km. It is the proponents position that if the road were to be surveyed and transferred to the municipality, road frontage for the subject lot would be obtained if the right-of way width is measured 10 metres from the centre line of the existing travelled road. Planning Services, in concurrence with the Roads and Transportation Section, therefore recommends that as a condition of approval, the portion of Clark Road extending from the westerly limit of the subject property to the northeasterly limit of the Crown parcel where it abuts Parcel 5686 S.W.S., shall be surveyed and transferred to the City to the satisfaction of the City Solicitor. This is an approximate distance of 300 metres. The transfer shall include the following lands: i) from the centre line of the road south and/or east to the abutting private property line; and, ii) 33 feet north and/or west of the centre line. Drainage course The subject lot has a natural drainage course that serves as an outlet for a large wetland area located to the northwest. The drainage course crosses the property in a southeasterly direction towards the shoreline. Although fairly dry at the time of the site visit in mid-november, an adjacent property owner has stated that there are significant flows during peak runoff periods. The drainage course must be protected. Any site alteration within a 15 m buffer zone on each side of the watercourse must be reviewed and approved by the Nickel District Conservation Authority. An application under Section 28 of the Conservation Authorities Act is required.

6 Shoreline buffer zone By-law Z, which was recently adopted by City Council in September 2010, implements Official Plan policies related to waterfront development. Specifically, a shoreline buffer zone consisting of natural vegetation extending a minimum 12 metres from the high water mark is required on waterfront lots. Notwithstanding the above, a maximum cleared area of 25% of the shoreline frontage is permitted for a residential use. The subject lot has a natural shoreline that has remained relatively untouched, excluding the cleared area surrounding the cottage. Although a good portion of the shoreline area comprises rock outcrops that extend into the water, significant vegetation has been retained. The drainage outlet at the shoreline does not appear to have been altered in any way. As a result, conditions are suitable for the successful implementation of a shoreline buffer zone in order to protect lake water quality, in conformity with By-law Z. Furthermore, NDCA requires a 15-metre setback from the high water mark of Makada Lake. Any works on the shoreline, on the watercourse, or in the water (docks, retaining walls, etc.) will require a direct application to NDCA under Section 28 of the Conservation Authorities Act. Other considerations Remaining Official Plan policies applied to seasonal conversions have been addressed through the previous consent process. The property meets the minimum lot size requirements of the zoning by-law, with the exception of the water frontage that was addressed through a minor variance. Approvals for private servicing were also obtained as part of the consent process. Summary A development plan has not been submitted for this application. It is not known if a new dwelling is to be constructed, or if the owner intends to expand the legal existing dwelling (cottage). Any conversion and/or expansion of the existing dwelling must maintain conformity with by-law requirements, including the site specific provisions recommended for this proposal. Any conversion of the existing cottage must meet Ontario Building Code standards. Given that almost the entire southerly portion of the site is encompassed by the 15-metre buffer areas applied to the drainage course and the shoreline, the owner is compelled to make an application to the Nickel District Conservation Authority under Section 28 of the Conservation Authorities Act. NDCA will co-ordinate their approval process with Planning staff in order to successfully implement appropriate buffering and shoreline setbacks. Planning Services recommends that the application for rezoning be approved subject to the above noted conditions.

7 location sketch 1/1

8 survey plan 1/1

9 Photo CLARK ROAD, LIVELY - SHARED DRIVEWAY ENTRANCE ON CLARK ROAD Photo CLARK ROAD, LIVELY - STEEPLY SLOPED DRIVEWAY DESCENT 751-8/10-4 Photography Nov 10, Photos 1/7

10 Photo CLARK ROAD, LIVELY - MID-POINT OF DRIVEWAY FACING NORTH Photo CLARK ROAD, LIVELY - DRAINAGE COURSE FACING NORTHWEST 751-8/10-4 Photography Nov 10, Photos 2/7

11 Photo CLARK ROAD, LIVELY - DRAINAGE COURSE FACING SOUTHEAST TO LAKE Photo CLARK ROAD, LIVELY - DRAINAGE CULVERT UNDER DRIVEWAY 751-8/10-4 Photography Nov 10, Photos 3/7

12 Photo CLARK ROAD, LIVELY - PARKING AREA AND SHED Photo CLARK ROAD, LIVELY - SMALL SAUNA AT SHORELINE 751-8/10-4 Photography Nov 10, Photos 4/7

13 Photo CLARK ROAD, LIVELY - VIEW OF EXISTING COTTAGE Photo CLARK ROAD, LIVELY - VIEW OF SHORELINE 751-8/10-4 Photography Nov 10, Photos 5/7

14 Photo CLARK ROAD, LIVELY - DRAINAGE COURSE AT WATER S EDGE Photo CLARK ROAD, LIVELY - VACANT LOT ABUTTING EAST 751-8/10-4 Photography Nov 10, Photos 6/7

15 Photo CLARK ROAD, LIVELY - SINGLE DETACHED DWELLING ABUTTING SOUTH 751-8/10-4 Photography Nov 10, Photos 7/7

16 aerial photo 1/1