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Home My WebLink AboutPD-15-85 4 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 JANUARY 21 , 1985 REPORT NO. : PD-15-85 SUBJECT: APPLICATION FOR REZONING - WAGGONER PART LOT 25, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE: DEV 84-37 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-15-85 be received; and * 2. That the By-law attached to this report to i rezone a 0.355 hectare parcel of land in Part of Lot 25, Concession 1, former Village of Newcastle to permit the severance of the exist- ing single family dwelling from the existing motel/restaurant be forwarded to Council for approval ; and I 3. That a copy of Council 's decision be forwarded to the applicant. i . . .2 REPORT NO. : PD-15-85 Page 2 BACKGROUND: On October 25, 1984, the Planning Department received a rezoning application submitted by William and Pearl Waggoner. The purpose of the application is to permit the severance of a 0.626 hectare parcel of land in Part of Lot 25, Concession 1 , former Village of Newcastle containing an existing single family dwelling from a 0.542 hectare parcel containing an existing motel/restaurant operation. The applicant has applied to the Region of Durham Land Division Committee (Application LD 69/84) to sever the existing single family dwelling from the existing motel/ restaurant operation. In comments to the Land Division Committee on the application, Town Staff noted that the proposed severed lot was zoned "C2-Highway Commercial " and "OS-1 Open Space" by By-law 79-44, which was in effect at the time. The dwelling was located entirely within the "C2" zone. However, a dwelling is only permitted within the "C2" zone as an accessory use to a permitted non-residential use. Staff noted that the proposed severance would therefore not comply with the zoning by-law provisions. Staff further noted that both the proposed retained and severed lots were covered by a Site Plan Agreement with the Town, and that the creation of a lot for residential purposes did not comply with the Agreement. Staff recommended to the Land Division Committee that the application be denied, due to non-compliance with the Zoning By-law and the Site Plan Agreement. At its meeting of February 27, 1984, the Land Division Committee tabled the application at the request of the applicant. . . .3 REPORT NO. : PD-15-85 Page 3 The proposed retained lot is zoned "C5-1 Special Purpose Commercial Exception 1 ", by By-law 84-63, the Town of Newcastle Comprehensive Zoning By-law. A motel or motor hotel is listed as a permitted use in this zone. The western half of the proposed severed lot is also zoned "C5-1", while the eastern half is zoned "EP-Environmental Protection". The single family dwelling and accessory buildings are located entirely within the "C5-1 " zone. However, a single family dwelling is not listed as a permitted use in the "C5-1" zone. In accordance with departmental procedures, the application was circulated to various departments and agencies for comment. The following is a summary of the major comments received. Region of Durham Health Unit "Approval is granted with the condition that the well on the subject lands be provided with at least a 6 metre water-tight steel casing." Ganaraska Region Conservation Authority "No objection. The Authority's interest in flood protection is addressed in the Environmental Protection Zoning which is being maintained. " (On a map attached to their letter, the Authority indicated that the severed and retained lots, with the exception of the motel building, lie within the Regional Storm Floodplain) . COMMENT: Staff have reviewed the comments received through the circulation of the rezoning application and find that no major concerns have been identified. Staff contacted the Health Unit to discuss their requirement for a steel casing . . .4 REPORT NO. : PD-15-85 Page 4 on the well for the single family dwelling, and advised them that such a condition is most appropriate through the consideration of the Land Division application. As noted by the Ganaraska Region Conservation Authority, the entire unsevered lot, with the exception of the motel/ restaurant building, lies within the Regional Storm floodplain. However, only the eastern portion of the proposed severed lot with the single family dwelling is zoned "EP-Environmental Protection". The remainder of the severed lot, as well as the proposed retained lot, are zoned "C5-1 Special Purpose Commercial Exception 1". Staff have no difficulty with approving a rezoning application to permit the severance of the existing single family dwelling and, as such, have prepared a by-law * (attached) . The proposed by-law would zone the western portion of the proposed severed lot from "C5-1" to "EP" . This would bring the entire severed lot into the "EP" zone. Inasmuch as structures not related to flood or erosion control works are prohibited in the "EP" zone, the existing single family dwelling and accessory buildings would assume legal non-conforming status. No new buildings or structures would be permitted to be erected on the lot, thereby satisfying the concerns of the Conservation Authority. Any additions to the existing buildings on the lot would require the approval of the Committee of Adjustment. Staff further note that it is not necessary to rezone the proposed retained lot inasmuch as it is already appropriately zoned to permit the motel /restaurant operation, and the proposed lot complies with the requirements of By-law 84-63. Staff further note that the Site Plan Agreement currently covering the entire unsevered parcel will have to be amended to reflect the severance. As well , an old motel building which . . .5 REPORT NO. : PD-15-85 Page 5 currently straddles the proposed lot line will have to be removed prior to the finalization of the severance. Should Council approve the by-law, Staff would forward revised comments to the Land Division Committee application LD 69/84. These comments would recommend approval of the severance application, conditional upon the rezoning becoming final , the Site Plan Agreement being amended to the satisfaction of Staff, and the removal of the old motel building. Respectful mitted, T.T. Edwards, M.C.I .P. Director of Planning JAS*TTE*jip January 8, 1985 *Attach. Applicant: Mr. & Mrs. Wm. Waggoner R.R. #2 NEWCASTLE, Ontario LOA 1HO THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- being a By-law to amend By-law 84-63, 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 of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as follows: 1. Schedule "5" to By-law 84-63 is hereby amended by changing to "EP" the zone designation of the lands indicated as "ZONE CHANGE TO EP" on the attached Schedule 'X' hereto. 2. Schedule 'X' attached hereto shall form part of this By-law. 3. 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 CLERK 0(d) This is Schedule "X" to By-law 84-, passed this day of , 1984 A.D. Highway N2 2 49.99 —5-18 31.10 zo.70 20.69 A 0 ko X. 137.83 ZONE CHANGE TO EP PRESENTLY ZONED EP 0 10 20 40m G.B. Rickard, Mayor 25m 15 5 0 D.W. Oakes, Clerk . ......... LOT 28 LOT 27 LOT 26 N II Z RI-1 M.I V) ............1"............... U) R ER. R1.1 n__ I 1 Ld EP 0 R1 R2 1, Z R1.1111 110 RI-1 R1 11 RI C i C it CI EP J —— ———-ti R2 C' C5•1�j R2 (H)R1 RH U BJEC EPy SITE A-1 0 EP 0 50 100 200 300 NEWCASTLE VILLAGE W.0