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Home My WebLink AboutPD-2-89 Addendum DN: 28 5 (g) TOWN OF NEWCASTLE REPORT File # - 1/ 7 Res. # ' By-Law # - MEETING: General Purpose and Administration Committee LATE: Monday, February 6, 1989 REPORT #: Addendum to PD-2-89 FILE #: DEV 88-101 SUBJECT: REZONING APPLICATION - MRS. 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 lifted from the table, and received for information; and 2. THAT the addendum to Report PD-2-89 be received; and 3. THAT the rezoning application submitted by Mrs. Beverly Carby, to permit the construction of a home on lands zoned "Environmental Protection (EP)" be approved and the necessary by-law be forwarded to Council for approval; and 4. THAT the applicant be so advised. 1. BACKGROUND: On January 9, 1989, Committee considered Staff Report PD-2-89, in consideration of an application to amend By-law 84-63 and recommended to Council to deny the rezoning application. The applicant wishes to construct a home on the slope of a hill, currently zoned EP. 2. . . REPORT 00^ ; Addendum t0 PD-2-89 PAGE % _______________________________________________________________________________ 1.2 Subsequent to Mrs. Carbv'o deputation before Council, Council tabled the report pending clarification from the Durham Regional Health Department. 1.3 On January lO' 1989, the Planning Department received a letter from the Health Department which reads as follows: "The above noted rezoning application has been re-assessed. If the lot is o building lot then the most suitable site for construction and sewage disposal would be the area outlined as area (8) in the application. The area zoned B83 is tataIly unsuitable as it is o low wet bog. Therefore, we have no objection to the proposal, however, proper drainage and grading will be required at the time of application for a Certificate of Approval." 1.4 In addition to the initial concerns of the Health Department, the Region of Durham Planning Department noted that the Development Plan for the Hamlet of Enniskillen, designates the subject property ^BocaI Residential" on the front portion of the lot and o&cen Subject to Development Restriction" on the rear of the lot. Residential ooeo are permitted within areas designated xBozal Residential". However, the portion of the property designated "Area Subject to Development Restriction" does not permit permanent atcootoceo or septic tanks and tile beds. Regional Staff were made aware of the Health Services reassessment, and have noted that the development can proceed without an amendment to the Development Plan. 2. COMMENTS: %.l In addition to the above-noted comments, Staff have investigated the site and would note that, with the proper grading a dwelling can be comfortably situated no the lot. Stuff would note also, that the Public Works Department has no difficulty with the proposal provided o lot grading plan is submitted to their satisfaction. ' REPORT NO. : Addendum t0 PD-2-89 PAGE 3 _______________________________________________________________________________ 3. RECOMMENDATIONS: 3.1 in consideration of the above, Staff would offer no objection to the application, and would request that the by-law be forwarded to Council for approval. ,Respectfully submitted, Recommended for presentation to the Committee _________________ Franklin Wu, M.C.I.P. Lawrence Dotoeff Director of Planning 6 Development Chief A dminiotcative officer CRV*FW*nn *Attach. January 37' 1989 CC: Mc. & Mrs. Beverly Carby R.R. # l B{WMANVILLE, Ontario. LlC 3K2 DaIee Investments c/o Graham Dallas B.D.# I B{WM&0VILL8, Ontario LlC 3K2 DN: PURPOS PURPOSE AND EFFECT BY-LAW 89- FILE: DEV 88-101 The PURPOSE AND EFFECT of By-law 89- is to amend Zoning By-law 84-63, as amended, of the Town of Newcastle by changing the zone designation of the lands identified by Schedule "X" hereto from "Environmental Protection (EP)" to "Residential Hamlet Exception (RH-3)" Zone. The subject By-law would permit the construction of one (1) single family dwelling and uses accessory thereto. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 89- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of 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. That By-law Number 88-109 be repealed. 2. Schedule 119" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP)" zone to "Residential Hamlet Exception (RH-3)" as indicated on the attached Schedule "X'" hereto. 3. Schedule "X" attached.hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1989 BY-LAW read a second time this day of 1989 BY-LAW read a third time and finally passed this day of 1989. MAYOR CLERK This is Schedule "X" to By-law 89- , passed this • day of ,1 '989 A.D. N rW5 30'E Nur7 0"E 45.00 o cb w LOT 19 :u CON. .; ` `'` 8 3 g 0 z {38.44)-I 11-< 45.00 H 1-11.82 N8405745d-- _� N72 002'20"E REGIONA ROAD 3 (aswidened) ® ZONING CHANGE FROM'EP' TO'RH-3' >LZa ZONING TO REMAIN'RH-3' M ZONING TO REMAIN EP' 0 25 5o 100m Mayor 25 201510 5 0 Clerk II LOT 20 LOT 19 LOT 18 II j A A-1 Q. EP i RH o A N W EP o (H)RH o I U RH-3 .3 REGIONAL ROIAD 3 RH-3 EP r` ENNISKILLEN 0 50100 200 300. 50.0 DN: 8 4 TOWN OF NEWCASTLE REPORT File # �1: 1 Res_ # By-Law # MEETING: General Purpose and Administration Committee DATE: MONDAY JANUARY 9, 1988 REPORT #: PD-2-89 FILE #: DEV 88-101 ACT: REZONING APPPLICATION - BEVERLY CABBY 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. . . REPORT ISO. : PD-2-89 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 run through this portion of the lot it is zoned "Environmental Protection (EP)". The southerly third which has frontage on Regional Road #3, are the table lands. These lands are zoned as "Residential Hamlet Exception (RH-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) , thus an amendment is required. 1.3 Staff would note that the subject property was created in conjunction with lands to the west in March 1987. 2. LOCATION 2.1 The subject lands are located on the north side of Regional Road # 3, west side of Old Sucgog Road being Part 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 infilling 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 signage acknowledging the application was installed on the subject lands. 3. . . REPORT NO. : PD-2-89 PAGE 3 ------------------------------------------------------------------------------- 5. 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, due 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 25% 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 REPORT NO. : PD-2-89 PAGE 4 ------------------------------------------------------------------------------- 6.2 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 "Rural 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 cannot 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, M.C.I.P. Lawrence E. Kotseff Director of Planning & Development Chief Administrative Officer CRV*FW*cc *Attach. December 20, 1988 CC: Ms. Beverly Carby, R.R. #1 BOWMANVILLE, Ontario LlC 3K2 Kalee Investments c/o Graham Dallas R.R. # 1 BOWMANVILLE, Ontario L1C 3K2 L�.//1.///If/11/1/1f/ff1//1f1111fIf Nf m 'tN LOT 20--- nd tIf11/Iff111f1111111111IfIf1111111/111 r m o Oj o 0 0 0o D = r0 L 00 ROAD ANCE BE LOT-18 and '19 w OLD SCUGOG ROAD WML Fo CONC. 7 CONCESSION 8