HomeMy WebLinkAboutPD-81-85 4 File ( o.. ...�,� �i ✓
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MAY 21 , 1985
REPORT NO. : PD-81-85
SUBJECT: APPLICATION FOR REZONING - P. PISANI
PART LOTS 31 & 32, CONC. 7, FORMER TWP. OF CLARKE
OUR FILE: DEV 85-7
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RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-81-85 be received; and
2. That the application submitted by Mr. P. Pisani
(File DEV 85-7) to rezone a 1 .17 ha parcel of land in
Part of Lots 31 & 32, Concession 7, Clarke to permit
the construction of a single family dwelling be
approved; and
* 3. That the By-law attached to this report be forwarded
to Council for approval .
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REPORT NO. : PD-81 -85 Page 2
BACKGROUND:
On April 2, 1985, the Planning Department received an application
submitted by Mt-. P. Pisani to rezone a 1 .17 ha (2.9 acre) parcel
of land in Part of Lots 31 & 32, Concession 7, former- Township of
Cl ar•ke. The subject lot is cut•r-ently zoned "EP-Envir-onmental
Protection" by By-law 84-63, which does not permit the
construction of residential dwellings. The requested rezoning
would permit the applicant to demolish his existing dwelling and
construct a new dwelling on the subject lot.
In accordance with Departmental pr•ocedur•e, the application was
ci r•cul ated to vat-i ous departments and agencies for- comment. The
following is a summary of the major- comments received.
Region of Durham Planning Department
We note there is an indication of Hazard Lands on the subject
pr-oper-ty and we suggest that the Conser-vati on Author-i ty be
consulted to determine the existing environmental hazards and the
potential impact of the proposed development.
Ministry of Natural Resources
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No objection. According to the terms of the Lakes and Rivers
Improvement Act, no damming or- other- alterations to Wilmot Creek
may be car-ri ed out without prior• wr-itten author-i zati on from the
Ministry of Natural Resources and the Ganaraska Region
Conser-vation Author-i ty.
Ganaraska Region Conservation Authority
Mr-. Pisani has consulted with the Author-ity concer-ning flood
related hazards associated with the proposed work.
At the February 7, 1985 Full Author-i ty meeting, Mr-. Pisani 's
proposal for- relocation and floodpr•oofing was approved, within the
mandate of the Author•i ty.
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REPORT NO. : PD-81-85 Page 3
Ganar•aska Region Conservation Authority (Continued)
As the proposed rezoning would allow redevelopment of an existing
use in a manner which would reduce the hazard due to flooding, the
Ganar•aska Region Conservation Authority has no objection to the
rezoning.
COMMENT:
The subject lot lies entirely within the Regional Storm floodplain
of Wilmot Creek and is zoned "EP" by By-law 84-63. The applicant
currently resides in the existing dwelling which was built
approximately 40 years ago and, according to a site plan submitted
by the applicant, is located approximately 17 metres from Wilmot
Creek. The proposed new dwelling would lie approximately 30
metres from the Creek and would be protected by floodpr•oofing
measures approved by the Ganar•aska Region Conservation Authority.
Inasmuch as the subject lot is presently used for residential
purposes and the applicant's proposal would permit the
construction of a new single family dwelling further away from the
Creek and protected by floodpr•oofing measures, Staff have no
objection to the requested rezoning. Accordingly, Staff have
prepared a draft by-law (attached) to permit the construction of a
new single family dwelling on the subject property.
It is therefore recommended that application for rezoning DEV 85-7
be approved and that the by-law attached to this Report be
forwarded to Council for approval .
Respec fitted,
Applicant: Mr. P. Pisani
R.R. #2
ORONO, Ontario
T. . Edwards, M.C.I .P. LOB 1MO
Director of Planning
JAS*TTE*jip
*Attach.
May 8, 1985
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-
being a By-law to amend By-law 84-63, as amended, 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 continuation of a legal
non-conforming use pursuant to Section 16.6.5 of the Durham Regional
Official Plan.
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 5.2.3 as follows:
"5.2.3 ENVIRONMENTAL PROTECTION EXCEPTION (EP-3) ZONE
Notwithstanding Section 5.1, those lands zoned EP-3 on the
Schedules to this By-law shall be subject to the provisions'of
Sections 9.1a) and 9.2, and the following special zone
regulations:
a. Setback from Watercourse (minimum) 30 metres
b. Minimum Elevation of any door, window
or other structural opening 184.3 metres
c. Lot Coverage (maximum) 5 percent
2. Schedule "2" 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-3) Zone" as
shown on the attached Schedule "X" hereto.
3. Schedule "X" attached hereto shall form part of this by-law.
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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, 1983.
BY-LAW read a first time this day of 1985.
BY-LAW read a second time this day of 1985.
BY-LAW read a third time and finally passed this day of
1985.
MAYOR
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CLERK
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This 'is Schedule "X" to By-law 85
passed this day of , 1985 A.D.
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