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Home My WebLink AboutPD-157-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: SOUTHWELL.GPA PUBLIC MEETING PD-157-92 #: File #: DEV 92-029 File# ~q~,t>:Z1 Res. # b /lll- ?" Z~ - ~;:u # Meeting: General Purpose and Administration Committee Monday, July 6, 1992 Date: Subject: REZONING APPLICATION - DOUGLAS SOUTHWELL PART LOT 7, CONCESSION 7, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 92-029 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-157-92 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Douglas Southwell be referred back to Staff for further processing and the preparation of a subsequent report upon 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: Douglas Southwell 1.2 Owner: Douglas Southwell 1. 3 Rezoning: From "Agricultural Exception (A-1) " and "Environmental Protection (EP)" to an appropriate zone category to permit the construction of a utility shed on lands zoned "Environmental Protection (EP)". 1. 4 Area: 1.01 hectares (2.5 acres) ....2 ::;1 516 RECYCLED PAPER n~~~'grE lljkS IS PF!iNTEDON flECYCLED PAPEH REPORT NO. PD-157-92 PAGE 2 2. 2.1 3. 3.1 4 4.1 LOCATION The subject property is municipally known as 2807 Regional Road 14 and has frontage on the south side of Regional Road 14 north east of the hamlet of Tyrone. The lands are legally described as being located in Part Lot 7, Concession 7, former Township of Darlington. BACKGROUND The application to amend the Town of Newcastle Comprehensive zoning By-Law was made on May 25, 1992 by Douglas Southwell. This application is to permit the construction of a 6.7 metre by 6 metre (22 ft. by 20 ft.) steel utility shed within the floodplain of a branch of Soper Creek. The siting proposed is approximately 36.5 metre (120 feet) to the east of the applicant's house on the subj ect property. There are two watercourses which effect the property, one being a small tributary which crosses under Regional Road 14 and runs between the house and the proposed shed location and the other being the main branch of the east tributary of Soper Creek which is located to the east of the property. The site is within the floodplain of both watercourses. EXISTING AND SURROUNDING USES: Existing Uses: Residential ....3 l:~ C1 ..;- JI REPORT NO. PD-157-92 PAGE 3 4.2 Surrounding Uses: East wooded and agricultural West agricultural North - agricultural and wooded floodplain South - wooded floodplain 5. OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan within the Durham Regional Official Plan, the subject property appears to be designated as Permanent Agricultural Reserve with indications of Hazard Lands and Environmentally Sensitive Areas. This document provides policies that protect and enhance the natural features of the environment. within areas identified with an indication of "Hazard Lands", the erection of buildings or structures shall be subject to the regulations of the respective conservation authority. Development within "Environmentally Sensitive Areas" is generally restricted but could be permitted provided that the proposed use is compatible with the environmental conditions and that measures are undertaken to mitigate the resulting negative environmental impact. 6 . ZONING 6.1 The subject lands are currently zoned "Agricultural Exception ....4 '" [ ., (I .)10 REPORT NO. PD-157-92 PAGE 4 (A-1)" and "Environmental Protection (EP)" under the Town of Newcastle Comprehensive Zoning By-law. Under the provisions of the EP zone, buildings or structures other than those required for flood or erosion control are not permitted. 6.2 The proposed zoning By-law amendment would change the zoning to an appropriate category to permit the proposed utility shed. 7. PUBLIC NOTICE 7.1 Pursuant to the requirements of the Planning Act and council policy, notice of the Public Meeting with respect to the subject rezoning amendment submitted by Mr. Douglas Southwell was mailed to all property owners with 120 metres (394) of the subject site. In addition, the appropriate signage acknowledging the application was installed on the subject lands. 7.2 As of writing this report, no written submissions have been received. 8. COMMENTS FROM AGENCIES 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and ....5 r ,y :) i REPORT NO. PD-157-92 PAGE 5 agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Fire Department Durham Regional Health Department Ministry of Agriculture and Food 8.2 Central Lake ontario Conservation Authority The Central Lake ontario Conservation Authority staff has not provided formal comments on the rezoning application. However, in dealing with an application for a permit to construct the proposed shed, CLOCA Staff noted that the location of the proposed shed is actually above the Regional storm flood elevation on the south side of the road, but is subject to flood waters which could spill from the north side of the road. Since the area is subject only to a spill, the depth of flooding has not been determined through the floodplain modelling. However, Authority staff expect this to be minor in nature in the order of only a few inches. Given the minor nature of the flood hazard and the type of construction involved, Authority staff commented that the proposal will not substantially increase flood damages, and it can be easily floodproofed. It was also noted that the majority of the property is part of the valley of the two water courses. This area has been assigned the highest ....6 :i/ C' 0 I, ',> oj L REPORT NO. PD-157-92 PAGE 6 level of environmental sensitivity in past Authority reports. The location on the proposed shed intrudes into this sensitive area. The location has already been cleared and has a separate entrance from the road. However, there is little room on the property to locate a shed outside of the sensitive area. Therefore, while Authority staff were concerned about the intrusion, they were of the opinion that the simple construction of a shed within the sensitive area would have little impact as long as further intrusions and tree clearing are minimized. This matter was addressed in the conditions of approval by the Conservation Authority. 8.3 Comments have yet to be received from the following agencies: Town of Newcastle Public Works Town of Newcastle Community Services Durham Region Planning Department Durham Region Works Department Ministry of Natural Resources Central Lake ontario Conservation Authority 9 . STAFF COMMENTS 9.1 Staff note that on April 28, 1992, the applicant received approval subject to conditions from the Central Lake ontario Conservation Authority to place the shed on the property in ....7 11..~ 1"'" :y REPORT NO. PD-157-92 PAGE 7 the proposed location. Notwithstanding the Authority's approval, application to amend the Town's zoning By-law is necessary to allow the shed to be located in the Environmental Protection Zone. 9.2 with respect to the Environmentally Sensitive Areas and Hazard Lands identified in the Durham Region Official Plan, Staff is satisfied that the policies related thereto have been addressed by C.L.O.C.A. through its approval for construction of the utility shed. 9.3 Staff also note for the committee's information that a utility structure was erected in February, 1992 in the general location of the proposed new utility shed. The applicant has stated that this structured is temporary and will be removed if the application for rezoning is denied or alternatively, to be replaced with the new structure, should the application be successful. 10. CONCLUSION 10.1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act, and in consideration of the comments outstanding, Staff recommends that the application be referred back to Staff for further processing. ....8 \'ll ('" ".-'~\ ,'-, i" J i' i / "./ C._ REPORT NO. PD-157-92 PAGE 8 Respectfully submitted, Recommended for presentation to the Committee r, '..J) r, '1' ~~. , t~ \ '':'~, "-"'"".1 (:) 2tA;\JL<AJ~ to)' t!{ " Lawrence E. Ko~seff Chief Administf~~ive Officer U Franklin Wu, M.C.I.P. Director of Planning and Development DM*FW*cc *Attach 26 June 1992 Interested parties to be notified of Council and Committee's decision: Douglas Southwell 2807 Regional Road 14, R.R.#5, Bowmanville, Ontario L1C 3K6 1:''5 ,. < ,- ) ) REGIONAL ROAD 14 80.5m E o U> Ii'> C\I 3'66m 22.86m 00 o Z <3: I'- ~ 9 z UJ UJ 3: I- UJ OJ UJ z :J :i: g SOUTHWELL SITE (/) l LOT 7 . CONCESSION 7 t,~ ~) 2 4 >----f E 10 I'- 10 (\J I ~ ~ SUBJECT SITE 12 II 10 9 8 7 6 5 4 3 2 20 , M3 , I 100 I . I IZ I I '0 I ,- A I (f) I I(f) I IJ.J I I U I I Z I I 0 I I I U CONCESSION ROAD 8 I. , I , I'- I I I I I I I I I I I 2 :A I I I 0 I I - I I 1C.f) I ~ I 1C.f) I lJJ I .u . I 12 10 IU REGIONAL ROAD I I I I IAI I II : I I I o <( o 0:: ~ o o - :E SEE SCHEDULE (TYRONE) KEY MAP '10' A:~ ,0 - (f) (f) I I lJLJ !A-l' U i : Z 10 'U I ._-~ A-l : I I I CONCESSION ROAD 6 ~ o 500 ~- 500m lOOOm I DeVB92-029 ~;I:' L ') C L) L J