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HomeMy WebLinkAboutPD-1-84 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 3, 1984 REPORT NO. : PD-1-84 SUBJECT: APPLICATION FOR REZONING - L. McKENNA PART LOT 14, CONCESSION 8, TWP. OF DARLINGTON FILE NO. : DEV 83-31 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-1 -84 be received; and 2. That Application for Rezoning DEV 83-31 be approved ; and 3. That the attached By-law amendment amending Zoning By-law 2111 , as amended, be forwarded to Council at such time as the applicant has dedicated a 3.0 metre (10.0 feet) road widening to the Town of Newcastle. I i . . .2 REPORT NO. : PO-1-84 Page 2 IV BACKGROUND: On November 2, 1983 Planning staff received the subject application for rezoning submitted by Mr. L. McKenna requesting an amendment to Zoning By-law 2111 , as amended, of the former Township of Darlington. The requested By-law amendment would expand the residential zoning on a portion of a 0.26 hectare (0.65 acres) parcel of land located in Part of lot 14, Concession 8, former Township of Darlington , within the Hamlet of Haydon in order to obtain additional building area for the construction of one single family dwelling. The subject lands are located within the Hamlet of Haydon , a designated Hamlet by the Region of Durham Official Plan. Residential uses, buildings and structures accessory thereto, are permitted within Hamlet Areas. Therefore, the requested rezoning would not offend the intent of the Region of Durham Official Plan policies. In addition, the subject property is designated "Area with Development Restrictions" and "Existing Residential " by the Haydon Development Plan. Policies under this landuse designation stipulate that the extent of hazard lands and environmentally sensitive areas shall be accurately defined by the appropriate Conservation Authority. As a result of the above, staff note that the Central Lake Ontario Conservation Authority has given approval to the applicants for the construction of a dwelling in this area. j The subject lands are presently zoned "G-Greenbelt" and "R3-Residential " by Zoning By-law 2111 , as amended, of the former Township of Darlington. The proposed By-law amendment would expand the "R3-Residential " zone in order to provide additional building area for the construction of the proposed single family dwelling. . . .3 REPORT NO. : PD-1-84 Page 3 In accordance with departmental procedures, staff circulated the subject application to various departments and agencies for comment. The following is a list of the comments received: Durham Regional Planning Department "The site is located within Haydon , a designated Hamlet in the Durham Regional Official Plan. Residential develop- ment in the form of minor infilling or minor additions to existing development may be permitted within hamlet areas. In the Hamlet of Haydon Development Plan , the site is shown as "Area with Development Restrictions" and "Existing Residential " . Section 3.7.1 (ii ) of the Development Plan stipulates that the "areal extent of hazard lands and environmentally sensitive areas shall be accurately defined in a subsequent zoning by-law in consultation with the Central Lake Ontario Conservation Authority." Accordingly, the rezoning application would conform provided favourable comments are obtained from the Conservation Authority. Durham Regional Health Unit "The above application for rezoning has been investigated by this Health Unit and insofar as health matters are concerned, there are no objections to its approval ." Central Lake Ontario Conservation Authority "The Central Lake Ontario Conservation Authority has issued a permit for construction and filling on the above lot. The Authority staff have no objection to the proposed rezoning provided the rezoning is limited to the area that has been removed from the Regional Storm Floodplain by the filling allowed on the Authority's permit. This area is marked as the "area to be floodproofed" on the site plan submitted by L. McKenna." Newcastle Building Department I "The interior sideyard on the east side as shown on the site plan will have to be increased from 7 '4" to 7 '9 3/8" or 2.40 metres as required in the Zoning By-law. . . .4 I REPORT NO. : PD-1-84 Page 4 a�c� Newcastle Fire Department "This Department has no objection to the Application for Rezoning. Fire protection is from Station #1 , Bowmanville, approximately eight miles , with water supply by Fire Depart- ment Tanker trucks." Newcastle Public Works Department "We have reviewed this application for rezoning and have no objection to this proposal , provided the owner dedicates to the Town, a 10.0 foot road widening across the frontage of the subject property, as shown on the attached drawing." Ministry of Natural Resources "As Bowmanville Creek is an important coldwater trout stream, we feel that the adjacent lands are appropriately zoned Greenbelt. This zoning helps to protect our fishery concern. The proposed development will be located at a reasonable distance from the creek and should not have significant impact on this water course. We recommend that the remaining Greenbelt zone outside of the fill area to be retained." COMMENTS: Staff have reviewed the subject application submitted by Mr. L. McKenna and note that the property subject to this rezoning application was partially rezoned for residential purposes in 1978 by By-law 78-85. However, in processing the previous application, staff note that only a small triangular portion of this property was rezoned for residential purposes thereby limiting the area in which a dwelling could be built. The reason for this action was to protect the environmentally sensitive lands which form a portion of this lot. In circulating the subject application for rezoning, it was noted that the Central Lake Ontario Conservation Authority had given permission to Mr. McKenna . . .5 REPORT NO. : PO-1-84 Page 5 a_Q to encroach further into the environmentally sensitive area in order to accommodate the type of dwelling proposed (solar heated home) , subject to the owner entering into a Save-Harmless Agreement with the Conservation Authority. With regards to the comments received from the Newcastle Public Works Department, staff note that the Public Works Department has requested the dedication of a 3.0 metre (10.0 feet) road widening across half of the subject lands. In that regard, staff have included in the recommendations the request of this road widening in accordance with the comments from the Public Works Department. Staff discussed this requirement with Mr. McKenna on December 14, 1983 at which time he advised that he would have no objection to the dedication of the requested road widening. Therefore, since there were no objections to the approval of this application, and due to the fact that the proposal conforms with the Region of Durham Official Plan and the Haydon Development Plan, staff would have no objection to the approval of the requested rezoning. In consideration of the above, it would be appropriate to * forward the attached By-law amendment to Council for their consideration and subsequent recommendation. I spec mitted, I / T.T. Edwards, M.C.I.P. Applicant : Director of Planning Mr. L. McKenna 387 Dickens Drive EP*TTE*jip OSHAWA, Ontario November 29, 1983 L1K 1N4 *Attach. I I