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HomeMy WebLinkAboutPD-239-90 "`'y 3 TOWN OF NEWCASTLE €''�, s,• STON.GPA REPORT File # 16 Res. # -- � -�• By-Law # MEETING. General Purpose and Administration Committee DATE. July 23, 1990 PUORT #: PD-239-90 FILE #. Dev 90-032 REZONING APPLICATION PHYLLIS AND DOUGLAS CASTON SECT: PART LOT 15, CONCESSION 5 (DARLINGTON) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-239-89 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 approved. 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; 4 . THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 5. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; 6 . THAT any delegation and those persons listed in this report 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 REPORT NO. : PD-239-90 PAGE 2 category to permit the development of a new single family dwelling. 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 MEETING AND RESPONSE 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 and surrounding property owners and tenants within the prescribed distance were advised of the proposal. The required Public Meeting was held May 22, 1990 . 3 .2 As of the writing of this report, staff have not received any objections to the application for rezoning. REPORT NO. : PD-239-90 PAGE 3 4. COMMENTS FROM CIRCULATION 4 . 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 objection to the application as filed. Town of Newcastle Fire Department Newcastle Hydro Electric Commission Ministry of Agriculture and Food Ministry of the Environment 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 revised their comments on the said application. They have reviewed a revised site plan and are satisfied that the subject property can now support a new sewage disposal system. REPORT NO. : PD-239-90 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 Regional Planning Department commented that the rezoning application appears to be permissable within Section 12 .3 . 10 of the Durham Regional Official Plan. The Regional Works Department has requested a 3 metre road widening along the total frontage of Regional Road 57 . 4 . 8 The Ministry of Transportation has commented verbally that they have no objection to the construction of a new dwelling, but would make the applicant aware that Regional Road 57 is within a study area for the 401-407 connecting zone. 4 .9 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 an application has been submitted 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 REPORT NO. : PD-239-90 PAGE 5 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 have reviewed the revised site plan and are satisfied that these concerns can been addressed. 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 building. 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 REPORT NO. : PD-239-90 PAGE 6 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 have confirmed conformity to the Official Plan. 7. STAFF CQWMNTS 7 . 1 Staff would note for the Committee's information, that the application would appear to comply with the intent of the Durham Regional Official Plan and that the outstanding concerns of the Regional Health Unit and the Central Lake Ontario Conservation Authority have been satisfied. 8. CONCLUSION 8. 1 Planning Staff have no objection to the application submitted by Mr. and Mrs . Caston to rezone a parcel of land in Lot 15, Concession 5, former Township of Darlington to allow for the construction of a new single detached dwelling. Staff would recommend that the amending by-law attached hereto be forwarded to Council for approval. Respectfully submitted, Recommended for presentation to the Committee _ Y t Franklin Wu, M.C. I .P. Lawrence Kotseff DIrector of Planning Chief A i istrative and Development Officer MP*FW*df *Attach 13 July 1990 REPORT NO. : PD-239-90 PAGE 7 Interested parties to be notified of Council and Committee's decision: Douglas and Phyllis Caston R.R.#1, Bowmanville, Ontario. L1C 3K2 t _ 7 v i- -- co L r_� _ r__ . - _-._._----___.-..- rn CU o Cc 0 W n �' IIOAO ACIOwAMC[ i[1MCFM Z 1 DURHAM REGIONAL ROAD 57 ' CONCESSION 5 Wm —W Iw.ou • —r.r 1»a.s KEY PLAN —M IM.r _y( 1 SECTION A p W IwM --_v— wuwlT�'�i2li[—'—T-:so � —✓,»Twl wrtl(.� ar( 1•n —Ir',rvru SOLE 1.250 '^ L J BATH Q z I ' it °m «�.....»»..;}«.3.,:..• .....;.;r�^-�-----�--�-�':ova---z- /> .p��. z o Lij- p ( Engheers 81 Planners _•'f'•:'�._. __.� ._ . .. e � � � + SITE PLAN PART OF LOT 15 CONCESSION 5 (f~t I "TWR of DARuwr,,) i TOWN of NEWCASTLE II REGIONAL N.1IJ WAUTY OF DURN.W THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 90- 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 to permit the construction of a single family dwelling. (File: Dev 90-032) . NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 5.2 "Special Exceptions-Environmental Protection (EP) zone of By-law 84-63, as amended, is hereby further amended by adding the following new sub-section: 115.2.6 ENVIRONMENTAL PROTECTION EXCEPTION (EP-6) ZONE Notwithstanding Sections 3.19 (a) and 5.1, only one (1) single family detached dwelling and buildings accessory thereto and all home occupation uses shall be permitted on those lands zoned 11EP-6" on the schedules to this By- law. The placement of buildings and structures 'shall be subject to the zone regulations set out in Section 9.2 in respect of a single family dwelling and the following special zone regulations: (a) Minimum elevation of any door, window or other structural opening 161.6 m (530.3 ft. ) 2. Schedule 1 to by-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP) " to "Environmental Protection (EP-6) " zone as indicated on the attached Schedule "A". 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of passing thereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW READ a first time this day of 1990. BY-LAW READ a second time this day of 1990. BY-LAW READ a third time and finally passed this day of 1990. MAYOR CLERK This is Schedule "A" to By-law 90 passed this day of , 1990 A.D. LOT 15 , CONCESSION 5 N626.18 to zo , `--- 1 1.46 N 710 36 20"E J N 680 431E 83 21 J O 3 4 o W 00 O � �rr M dp 0 C z N 710 40'50 11 E 121.38 j •I S.E.Angle W It Lot 15,Conc.5��C4 x .TAUNTON ROAD ® ZONING CHANGE FROM ' EP'TO 'EP-6' ® ZONING TO REMAIN ' EP ' - 0 10 20 40m Mayor 20m 15 10 5 o Clerk LOT 17 LOT 16 LOT 15 I I I L4 z 1 f� O to rR H I A u z i EP 0 I I � I _ G I � SUBJECT EP SITE Z 0 11 RH- '� BY _ r I TAUNTON ' ROAD 8 O 80 100 200 300 m HAMPTON ��� ��)� 50M 0 �