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HomeMy WebLinkAboutPD-84-88 DN: 84-88 C�') 1.,+Y 1vw.111X/� TOWN OF NEWCASTLE t:AJ REPORT File #kI.o � Res. —_-- By-Law # MEETING: General Purpose and Administration Committee DATE: TUESDAY, April 5, 1988 REPORT #: pp-84-88 _ FILE #: LD 119/88 SUBXCT: LAND DIVISION COMMITTEE APPLICATION - MELVILLE PART LOT 8, CONCESSION 1, FORMER TOWN OF BOWMANVILLE APPEAL TO LAND DIVISION COMMITTEE - FILE: LD 119/88 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-84-88 be received; and 2. THAT in consideration of Land Division Committee's approval of Application LD 119/88, which approves severance of lands designated "Hazard Land" and zoned "Environmental Protection (EP)", which Town Planning Staff cannot support, an Appeal on behalf of the Town of Newcastle be filed with the Secretary-treasurer of the Land Division Committee. jn.res e _of_-File:_ U 119/88. BACKGROUND AND COMMENT: On February 7, 1988, copies of Land Division Application LD 119/88 was received by Staff for review and comment for Land Division Committee's consideration at their meeting of Monday, February 29, 1988. Accordingly, the application was reviewed by Staff and comments were provided (see attached) , consistent with Town Official Plan and Zoning policies. Staff noted the subject lands are considered "Environmentally Sensitive" and were designated "Hazard . . .2 y ( (7 REPORT N0. : PD-94-88 Ig\QE 2 _______________________________________________________________________________ Land" in the Town of Newcastle official Plan (BovnnauviIIe Major Urban Area) and zoned "Environmental Protection (EP)II in the Town's Comprehensive DVuiug By-law 84-63, as amended. As noted in the comments to Land Division Committee, the present dwellings are considered "legal non-conforming uses" and may continue to be used on the existing lot indefinitely. However, because the "Environmental Protection (EP)II zone prohibits residential uses, a Minor Variance or a rezoning would be required in order to allow the aoiotlug dwellings on the newly created lots. ' The Town's official Plan policies for Hazard Land states that these lands be used primarily for the preservation and conservation of the natural land and/or environment. . . only buildings and otcuotoceo necessary for flood erosion control. . . will be permitted, and that the development or redevelopment of lands within areas identified as "Hazard Lands" shall be subject to the regulations of the Central Lake Ontario Conservation Authority and the relevant portions of the Durham Regional official Plan, as amended from time to time. Staff notes that Staff at both the Regional Planning Department and the Central Lake Ontario Conservation Authority were in objection to the application. / Staff further note that the applicant had attempted to receive approval for Minor Variance to allow the two (2) dwellings to exist on the proposed severed lots. However, at their meeting of February 25' 1988, Committee denied this application based on the Town and Conservation Authority's nouoecu. This decision has since been appealed to the Ontario Municipal Board. As noted above, Laud Division Committee, at their meeting of March 14, 1988 ' approved the said application. Staff in consideration of same and as noted REPORT 00. : DD-84-88 PAGE 3 ------------------------------------------------------------------------------- within the comments of this report, would support the filing of an appeal in respect of LD II9/88. This would permit both matters to be heard by the Ontario Municipal Board. Should Committee noococ with the foregoing, Staff will proceed with an appeal. Respectfully submitted, Recommended for presentation to the Committee 8� T--- � � --------------- --' --- --------- -rece���. Qdwacda, M.C.I.P. I � o taeff Director of Planning Chief Adm �cative officer CP*TTEajip *Attach. March 29, 1988 w\s0�KN(YNL[U b g( / CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623-3379 COMMENTS TO LAND DIVISION COMMITTEE MEETING FOR FEBRUARY 29, 1988 Application No.: L.D. 119/88 Applicant: R. & S. Melville Location: Part Lot 8, Concession 1, former Town of Bowmanville Proposed Use: Non-Agricultural Residential CONFORMITY WITH OFFICIAL PLAN: Within the Bowmanville Major Urban Area Official Plan the subject property is designated Environmentally Sensitive. Development within this designation shall be reviewed through the preparation of an Environmental Impact Analysis. CONFORMITY WITH ZONING BY-LAW: Within the Town of Newcastle Comprehensive zoning By-law 84-63, as amended, the subject property is zoned "Environmental Protection (EP) ". This zone classification does not permit development of any dwelling, buildings or structures. COMMENTS: Staff note that due to the zoning classification the present dwellings are legal non-conforming uses, and may continue to be used for such purpose indefinitely. Staff further note that support of this application would indicate staff endorses development in the " Environmentally Sensitive" designation and "Environmental Protection" zone, this would be contradictory to both the Durham Region Official Plan and Town Zoning By-law. Further this would set a precedent of supporting a non-conforming use, which is not the intention of By-law 84-63. RECOMMENDATIONS: In consideration of the above-noted comments, Staff are not in a position to support this application. 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