HomeMy WebLinkAboutPD-84-88 DN: 84-88 C�')
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TOWN OF NEWCASTLE
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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
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REPORT N0. : PD-94-88 Ig\QE 2
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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
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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
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-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.
Carlo Pellarin,
Current Operations Planner
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1 DIVISION ST.
BOWMANVILLE, ONT. L1C 2z2
(416) 623.7251
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