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HomeMy WebLinkAboutPD-211-92 THE CORPORATION OF THE TOWN OF NEWCASTLF DN: DEV92029 .GPA REPORT General Purpose and Administration Committee Meeting File fi Monday, October 5, 1992 Res # ( ,-v lil Date PD-211-92 DEV 92-029 By-l-aw# Report# File # Subject REZONING APPLICATION - FILE: DEV 92-029 APPLICANT: DOUGLAS SOUTHWELL PART LOT 7, CONCESSION 7, FORMER TOWNSHIP OF DARLINGTON Rocommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-211-92 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Douglas Southwell to permit the construction of a utility shed within the floodplain of Soper Creek be APPROVED; 3 . THAT the attached amending By-law be APPROVED: and 4 . 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) II to an appropriate zone category to permit the construction of a utility shed on lands zoned "Environmental Protection (EP) II . 1.4 Area: 1. 01 hectares (2 .5 acres) 2 REPORT NO. PD-211-92 PAGE 2 2 . LOCATION 2 . 1 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. 3. BACKGROUND 3. 1 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 subject 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 . 4 EXISTING AND SURROUNDING USES: 4 . 1 Existing Uses: Residential . . . .3 ) ij () REPORT NO. PD-211-92 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 designated as having 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 restricted but can be permitted provided that the proposed use is compatible with the environmental conditions and that measures have been undertaken to mitigate the resulting negative environmental impact. 6 . ZONING 6 . 1 The subject lands are currently zoned "Agricultural Exception . . . .4 i� ; REPORT NO. PD-211-92 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. Therefore, the applicant has applied to amend the zoning by- law. 6 .2 The proposed zoning By-law amendment would change the zoning to an appropriate category to permit the proposed development. 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. . . . .5 REPORT NO. PD-211-92 PAGE 5 8 . COMMENTS FROM AGENCIES 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following provides a brief synopsis of the comments received to date. 8 .2 The following departments/agencies in providing comments, offered no objection to the application as filed: - Town of Newcastle Fire Department - Town of Newcastle Public Works Department - Town of Newcastle Community Services Department - Durham Regional Health Department - Ministry of Agriculture and Food 8 .3 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority staff in responding noted that they have no objection to the proposal though did request that should the application for rezoning be approved, that the land retain an "EP" zoning and that only the proposed structure be allowed and in the specific location approved by the Authority. Central Lake Ontario Conservation Authority Staff, in dealing with an application for a permit to construct the proposed shed, noted that the location of the proposed shed is actually above the Regional Storm flood . . . .6 REPORT NO. PD-211-92 PAGE 6 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 flood proofed. 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 level of environmental sensitivity in past Authority reports . The location on the proposed shed intrudes into this sensitive area. Authority Staff indicated the location for the structure is cleared and has a separate entrance from the road. Furthermore, 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. . . . .7 REPORT NO. PD-211-92 PAGE 7 8 .4 Ministry of Natural Resources The Ministry commented that the subject lands are traversed by a coldwater tributary of Soper Creek and that the construction of a shed in the proposed location will not have a detrimental impact on the natural environment including the coldwater tributary. The Ministry did however request that the lands retain an Environmental Protection zoning so as to recognize the area as sensitive from both floodplain and fisheries perspectives . 8 .5 Region of Durham Planning Department The Region of Durham commented that the requirements for development within "Environmentally Sensitive Areas" with indications of "Hazard Lands" have been dealt with by C.L.O.C.A. and as such the proposal complies with the policies of the Durham Region Official Plan. It was also noted that the application does not have any implications regarding Regional services or roads . 9 . STAFF COMMENTS Staff note that on April 28, 1992, the applicant received approval from the Central Lake Ontario Conservation Authority subject to conditions to place the shed on the property in the proposed location. Notwithstanding the Authority's approval, . . . .8 J REPORT NO. PD-211-92 PAGE 8 an application to amend the Town's Zoning By-law is necessary allow the shed to be located in the Environmental Protection Zone. With respect to the Environmentally Sensitive Areas and Hazard Lands identified in the Durham Regional Official Plan, Staff is satisfied that the policies related thereto have been addressed by C.L.O.C.A. through its approval for the construction of the utility shed. Staff also note for the Committee's information that a utility shed 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 In consideration of the comments contained within this report, the Planning and Development Department would have no objection to the approval of the attached zoning by-law amendment, as applied for. The amending zoning by-law would provide for an exception in the "Environmental Protection" zone in order to facilitate the construction of a utility . . . . 9 r REPORT NO. PD-211-92 PAGE 9 shed. In order to ensure the temporary shed will be removed, the subsequent application for building permit and the issuance of same will be subject to such requirements. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E. Ko�seff Director of Planning Chief Administrative and Development Officer DM*FW*cc *Attach 28 September 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 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 92- being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 5.2 "Special Exception -Environmental Protection (EP) Zone" is further amended by adding thereto the new special exception 5.2.8 as follows: 115.2.8 Environmental Protection (EP-8) Zone Notwithstanding Sections 3.19(a) and 5.1, only one (1) accessory building shall be permitted on those lands zoned EP- 8 on the Schedules to this By-law. The placement of the building shall be subject to the provisions of Section 3.1 in respect of an accessory building." 2. Schedule 112" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Environmental Protection (EP) " to "Environmental Protection Exception (EP-8) " 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. By-law read a first time this day of 1992. By-law read a second time this day of 1992. By-law read a third and finally passed this day of 1992. MAYOR CLERK 111 This is Schedule "A" to By-law 92- , passed this day of , 19 92 A.D. REGIONAL ROAD 14 F—< 80 5M 366m `I/����♦r�i�/�/��I��/i'i/�'/ j •�,\;it _•, ,�:_,\;/\�::ii\� /='" ZONING CHANGE FROM'EP' TO'EP-8' =ZONING TO REMAIN 'A-I ' 0 5 10 20 30m Mayor 1086420 Clerk 12 11 10 9 8 7 6 5 4 3 2 REGIONAL ROAD 20 i i M3 EP I t 1 I Z ( O 1 i I N AI IA . . w o I � U EP i A-1 E I i 1 i 1 Z I T 1 I U I I I I CONCESSION ROAD 8 o i Z o ! i w eP i i O A I Al Al I w I I ; 1 U I SEE CON ESSION RD 7 i U SCHEDULE '10' I ' (TYRONE) P rA + Former Township of DARLINGTON �°5°'Q'�m