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Home My WebLink AboutPD-2-89 DN: 8 5(b) TOWN OF NEWCASTLE REPORT °�. File Res. — -- :;c By-Law # MEETING: General Purpose and Administration Committee DATE: MONDAY JANUARY 9, 1988 REPORT #: PD-2-89 FILE #: DEV 88-101 SU&JECT: REZONING APPPLICATION - BEVERLY CARBY PART LOT 19, CONCESSION 8, FORMER TOWNSHIP OF DARLINGTON OUR FILE: DEV 88-101 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-2-89 be received; and 2. THAT the rezoning application submitted by Beverly Carby, to permit the construction of a home on lands zoned Environmental Protection be DENIED; and 3. THAT the applicant be so advised. 1. BACKGROUND 1.1 On September 15, 1988 the Planning and Development Department received an application submitted by Beverly Carby to amend By-law 84-63. The applicant wishes to construct a home on the slope of the hill, those lands which are currently zoned "Environmental Protection (EP)", thus an amendment is required. 1.2 The subject property would have 45 metres of frontage and 180 metres in depth, having a lot area of .81 hectares. The lot has a considerable north 2.. . . � \b) REPORT N0. : PD-2-84 PAGE 2 _______________________________________________________________________________ south slope which consumes approximately northerly two thirds of the subject property, because of the nature of the slope and the small tributaries that coo through this portion of the lot it is zoned "Environmental Protection (EP)". The southerly third which has frontage on Regional Bond #3, are the table lands. These lands are zoned as "Residential Hamlet Exception (BB-3) zone, which would permit the construction of one single family dwelling and uses accessory thereto. The applicant wishes to construct a home on the slope of the hill' those lands which are currently zoned (EP) , tboa an amendment is required. 1.3 Staff would note that the subject property was created in 000 'ouotiou with lands to the west in March 1987. 2. LOCATION 2.1 The subject lands are located on the north aide of Regional Bond # 3, west side of Old 3ongog Road being Pact Lot 19, Concession 8, former Township of Darlington, within the Hamlet of Enniskillen. 3. SURROUNDING LAND USES 3.1 The General Terrain of the lands is quite steep in grade, especially the lands to the east and north. This, in itself, restricts the amount of residential development in this portion of the hamlet, however, there is some residential development in the area to the west. The lands to the south are treed and generally vacant. The lands to the west are used for agricultural purposes, and residential infiIIiug is evident. 4. PUBLIC NOTICE 4.1 Staff would note for the Committee's information that pursuant to Council's resolution of July 26, 1988 and the requirements of Planning Act, the appropriate aigoage acknowledging the application was installed on the subject lands. REPORT 00. : PD-2-89 PAGE 3 _______________________________________________________________________________ G. CIRCULATION 5.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments/agencies in providing comments, offered no objections to the application as filed. C,L.O.C.A. Town of Newcastle Fire Department Ministry of Agriculture and Food Ministry of Natural Resources Regional Works Department 5,2 The Town of Newcastle Public Works Department offered no objection to this proposal subject to a lot grading plan be submitted to the satisfaction of the Director of Public Works. 5.3 The Regional Health Services Department cannot support the application noting that the property is not suitable for on site sewage disposal, doe to small tributaries on the lot. However, in a telephone conversation with the Health Department, it was noted that in addition to the above-noted comments, the slope of the lands is greater than 350 therefore not suitable for a septic system and tile bed. 6. COMMENTS 6.1 Staff have reviewed the proposal with the policies in the Durham Regional official Plan and have noted that the subject property is located within Enniskillen, a designated Hamlet in the Regional official Plan, and thus residential development is the major land use. However, Hazard Lands designation has been identified in the vicinity. . . .4 L �») BE908T 00. ; PD-2-89 PAGE 4 _______________________________________________________________________________ 6.3 The Development Plan for the Hamlet of Enniskillen, designates the subject property "Rural Residential" on the front portion of the lot and "Area Subject to Development Restriction" on the rear of the lot. Residential uses are permitted within areas designated oDocal Residential". However, the portion of the property designated "Area Subject to Development Restriction" does not permit permanent structures or septic tanks and tile beds, it is within this designation that the applicant wishes to construct a permanent residence. 7. RECOMMENDATIONS Given the above noted comments, and in consideration of the fact the Health Department oaount recommend approval of a septic system in the location desired, Staff cannot support the application for rezoning. Respectfully submitted, Recommended for presentation to the Committee ,\--/~.~- _-___________ Franklin Wu, y0.C.I,P. Lawrence E. K t eff Director of Planning & Development Chief Admiuiatr�tive Officer CBV*FW*oc *Attach. December 20, 1988 CC: Ma. Beverly Corby, B.R. #1 B0WM&0VILLE, Ontario LIC 3K2 Kalee Investments c/o Graham Dallas D.B. # I B{WMA0VILLE, Ontario LlC 3K% ...................................... = r _ N C w G rTl ) m mu 00 rn: + "W OLD SCUGOG ROAD o W . o CONC. 7 CONCESSION 8