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Home My WebLink AboutPD-19-86 TOWN OF NEWCASTLE �•.�}� Imo,.. REPORT File # ;�s Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: January 20, 1986 REPORT #: PO-19-86 FllF #: DEV 85-35 SLMJECT: APPLICATION FOR REZONING - G. GARROD PART LOT 29, CONCESSION 2, NEWCASTLE VILLAGE File: DEV 85-35 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-19-86 be received; and 2. THAT Application DEV 85-35 submitted by Mr. G. Garrod to rezone a parcel of land in Part Lot 20, Concession 2, Newcastle Village to an "Environmental Protection Exception" zone to permit the construction of a single family dwelling be approved; and * 3. THAT the By-law attached to this Report to amend By-law 84-63 be forwarded to Council for approval . i 4 7 BACKGROUND: i On October 28, 1985, the Town of Newcastle received an application submitted by Mr. Gordon Garrod to rezone a 0.067 hectare parcel of land in Part of Lot 29, Concession 2, Newcastle Village from "Environmental Protection (EP)" to a Special Exception to permit the construction of a single family dwelling. The subject lot, which is currently vacant, . . .2 REPORT NO. : PD-19-86 Page 2 lies entirely within the Regional Storm floodplain. A residence which previously existed on the lot was demolished in 1983. In accordance with departmental procedure, the subject application was circulated to various departments and agencies for comment. The following is a summary of the major comments received: REGION OF DURHAM WORKS DEPARTMENT: "There are existing water and sanitary house connections on the subject property and these could be utilized for the proposed dwelling". GANARASKA REGION CONSERVATION AUTHORITY: "We note that the existing lot has had a dwelling on it previously and that there is existing development to the east and south of the lot. The Authority considers the proposal to be infilling. Adjusting the site plan elevations to the Regional Storm flood line elevations, flood proofing to Regional Storm elevations would require no minimum opening less that 92.73m (at site) or 0.38m above existing maximum elevations. This can usually be accommodated within normal foundation elevations. It is the Authority' s opinion that the flood related constraints of the lot can be addressed through flood proofing of the proposed structure. The Authority therefore has no objections to the proposed rezoning or to the issuance of a building permit for the indicated area, provided minimum opening elevations are above 92.73m and subject to the granting of site plan approval , by the Authority, to ensure flood proofing implementation". COMMENT: As indicated earlier in this report, a dwelling existed on the subject lot until 1983. As well , residential uses exist immediately to the north, south and east of the lot, and therefore the construction of a new dwelling could be considered infilling. Conservation Authority Staff have indicated that any new dwelling could be flood proofed in order to mitigate any concerns related to flooding. . . .3 REPORT NO. : PD-19-86 Page 3 Staff have no objection to the requested rezoning and accordingly, have * prepared a draft by-law (attached) to permit the construction of a single family dwelling on the subject property. The draft by-law rezones only that portion of the lot indicated by Conservation Authority staff as being suitable for development. The remainder of the lot will remain within the "Environmental Protection (EP)" zone. With respect to the Conservation Authority's concern that they be provided with site plan approval in order to ensure flooding proofing implementation, Staff note that the Authority's Fill , Construction and Alteration to waterways Regulation will be fully implemented for lands within the Town of Newcastle early in 1986. Under the Regulation , anyone wishing to construct a building within the limits of a Regional Storm floodplain must submit plans to the Authority for approval . Town Staff can require that the applicant obtain a permit from the Conservation Authority prior to a building permit being issued. It is therefore recommended that Application for Rezoning DEV 85-35 be approved and that the by-law attached to this report be forwarded to Council for approval . Respectfully submitted, * T. T. Edwards, M.C. I.P. Director of Planning JAS*TTE*bb December 19, 1985 Applicant: Mr. Gordon Garrod 55 King Street East Newcastle, Ontario LOA 1 HO i �I 1 UCG�� THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, 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 By-law 84-63 is hereby amended as follows: 1. Section 5.2 is hereby amended by adding thereto the following new Subsection 5.2.4 as follows: "5.2.4 ENVIRONMENTAL PROTECTION EXCEPTION (EP-4) ZONE Notwithstanding Sections 3.19a) and 5.1, only one single family detached dwelling and all home occupations uses shall be permitted on those lands zoned "EP-4" on the Schedules to this By-law subject to the provisions of Section 12.2. in respect of a single family dwelling and the following special zone regulations: a) Minimum elevation of any door, window or other structural opening 92.73 metres" 2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "EP - Environmental Protection" to "EP - Environmental Protection Exception (EP-4) Zone" 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 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK This is Schedule "X" to By-law 86- , passed this day of , 1986 A.D. N72023'00"E 32.614 N N N a LOT 29 v CONCESSION 2 -3: 3: 3: ° _)m N 0� m O O Z c z O Co N72023'00"E 32614 3 N O v> Q O J O 0 ® ZONE CHANGE FROM ItEP1I TOIL EP-411 w PRESENTLY ZONED tt EPtt 3 �n M y S S.E.Angle z ~ Lot 29,Con 22 C) Z KING STREET ( Highway N° 2) Road Allowance Between Concessions I and 2 0 25 50 too 150 250m som Mayor a Cterk LOT i LOT 29 LOT 2 8 N o (H)R I w, U �J z SUBJECT E� 0 SITE R' RI I 'y IMR2 i (H)R1 2 R J x�d t'tl� u (H)R1 050 200 300n NEWCASTLE VILLAGE �® r