HomeMy WebLinkAboutPD-239-90 "`'y 3 TOWN OF NEWCASTLE
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REPORT File # 16
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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.
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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.
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