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Home My WebLink AboutPD-174-90 j ."'° TOWN OF NEWCASTLE STON. REPORT File # 0• , fir / Res. # + �-�• By-Law # PUBLIC MEETING M-('j( G: General Purpose and Administration Committee DATE: . May 22, 19 9 0 REPORT #: PD-174-90 FILE #: Dev 90-032 SUQECT: REZONING APPLICATION: PHYLLIS AND DOUGLAS CASTON PART LOT 15, CONCESSION 5 (DARLINGTON) FILE: DEV 90-032 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-174-89 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Douglas and Phyllis Caston 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. BACKGROUND 1 . 1 On March 16, 1990, the Planning and Development Department received an application submitted by Douglas and Phyllis Caston to rezone a 1.20 acre parcel of land from "Environmental Protection (EP) " to an appropriate zoning category to permit the development of a new single family dwelling. REPORT NO. : PD-174-90 PAGE 2 1.2 The subject property is located on the west side of Highway 57 in Concession 5 . The legal description of the property is Part Lot 15, Concession 5, former Township of Darlington. 2. EXISTING AND SURROUNDING USES 2 . 1 The existing use on the subject property is a single family dwelling. The applicant is proposing to demolish the existing dwelling and replace it with a new home. 2 . 2 The surrounding uses are as follows: East: Regional Road 57 and Agricultural West: Bowmanville Creek and Hamlet of Hampton South: Four non-farm residential lots and Regional Road 4 (Taunton Road) North: Agricultural and Residential Uses 3. PUBLIC NOTICE 3 . 1 Staff would note for the Committee's information that, pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands . 3 .2 As of the writing of this report, staff have not received any objections to the application for rezoning. 4. COMMENTS FROM CIRCULATION 4 . 1 In accordance with Departmental procedures, the application was circulated to obtain comments from other departments and �� U9 REPORT NO: PD-174-90 PAGE 3 agencies . Staff would note the following departments/agencies, in providing comments, offered no objection to the application as filed. Town of Newcastle Fire Department Newcastle Hydro Electric Commission Ministry of Agriculture and Food 4 .2 The Town of Newcastle Public Works Department has reviewed the application and has no objections in principle subject to the applicant providing a lot grading plan satisfactory to the Director of Public Works . 4 . 3 The Town of Newcastle Community Services Department has no objection to the application subject to the Environmental Protection concerns being addressed. 4 .4 The Town of Newcastle Building Department has no objection to the subject application but expressed concerns that an engineered foundation for the proposed dwelling may be required because of the fill that is to be added to the property. 4 .5 The Department of Health has no objection to the construction of a new house but suggests that in order to install a private sewage disposal system, the house must be located at least 100 feet from Highway #57, or the rear fill line must be extended 50 feet towards the rear of the lot. The exact location of the proposed dwelling on the subject property is yet to be determined. When this is done, the Regional Health Unit must be satisfied the location of the dwelling and the balance of the subject property can support a new sewage disposal system. '� 10 REPORT NO. : PD-174-90 PAGE 4 4 .6 The Ministry of Natural Resources has no objections to the rezoning application, however, suggested that only the area from the top of the fill line easterly to Regional Road 57 be rezoned to an appropriate category. The retention of the EP zone on the remainder of the lands will be consistent with the protection of the coldwater creek and its corresponding vegetated valleylands . 4 . 7 The Central Lake Ontario Conservation Authority has reviewed the rezoning application and require, under the provisions of Ontario Regulation 161/80, written permission from the Central Lake Ontario Conservation Authority prior to any filling or grading, construction or alteration to a watercourse on this site. The authority has noted that the application has applied for permission to construct a new house and place fill on the lot, however, there are outstanding concerns which must be addressed prior to the issuance of a permit. The concerns noted by the Authority are, that the applicant submit engineering information defining the proposed limits of fill and resulting loss of flood storage and assessing the impact of the spill of flood waters on the proposal. As well, the applicant shall enter into a Save-Harmless Agreement with the Authority to be registered on title at the applicant's expense. In addition, all fill areas and other locations disturbed during the project shall be seeded, sodded or stabilized in some other manner acceptable to the Authority. In consideration of the above, the authority suggests that the application be considered premature until these concerns are addressed. 4 . 8 Staff would note for the Committee's information, that comments are still outstanding from the Regional Planning Department, Regional Works Department, Ministry of the Environment and the Ministry of Transportation. �] 1 1 REPORT NO. : PD-174-90 PAGE 5 5. ZONING BY-LAW CONFORMITY 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, as amended, the subject property is zoned "Environmental Protection (EP) . Residential uses are not permitted within the EP zone. The provisions of the Zoning By-law do, however, recognize and permit a dwelling unit which existed prior to the date of the passing of the By-law, as long as it continues to be used for that purpose. The applicant, by removing the existing dwelling, must rezone the "Environmental Protection (EP) " lands in order to build a new dwelling. 6. OFFICIAL PLAN CONFORMITY 6 . 1 The subject property is designated "Major Open Space" with indications of environmentally sensitive areas within the Durham Regional Official Plan. Within the Major Open Space System, the predominant use of lands shall be for agriculture and farm-related uses . Within this designation, it appears the proposed use would not conform to the policies of the Durham Region Official Plan. However, Section 16 . 6 .5 of the plan allows for Councils' of the area municipalities to rezone to permit the continuation, expansion or enlargement of existing uses or the variations to similar uses, provided such uses, have no impact on the surrounding area, have regard for the agricultural code of practice, accessible by a public maintained road and are subject to any conditions that may be contained in a District Plan. In consideration of the above, it appears the existing and proposed uses conform to the policies of the Durham Regional Official Plan. Comments from the Regional Planning Department will confirm conformity to the Official Plan. 5' 12 REPORT NO. : PD-174-90 PAGE 6 7. STAFF COMMENTS 7 . 1 Further correspondence from both Central Lake Ontario Conservation Authority and the Regional Health Unit is required before all concerns can be satisfied. 7. CONCLUSIONS 7 . 1 As the purpose of this report is to address the requirements of a Public Meeting under the Planning Act, it is recommendedthat the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Douglas and Phyllis Caston, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments. Respectfully submitted, Recommended for presentation to the Committee r Franklin Wu, M.C. I.P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer MP*LT*FW*df *Attach 11 May 1990 Interested parties to be notified of Council and Committee's decision: Douglas and Phyllis Caston R.R.#1 Bowmanville, Ontario. 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