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Home My WebLink AboutPD-298-86 TOWN OF NEWCASTLE REPORT File Res. # C By-Law # hEETING: General Purpose and Administration Committee DATE: Monday, December 15, 1986 REPORT #: PD-298-86 FILE #: DEV 86-62 SUBJECT: REZONING APPLICATION - HIGGS PART LOT 11, CONCESSION 7, FORMER TWP. OF CLARKE OUR FILE: DEV 86-62 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-298-86 be received; and 2. THAT the application for rezoning in respect of Part Lot 11, Concession 7, former Township of Clarke, to permit construction of an accessory building within the "Environmental Protection (EP)" zone be approved; and 3. THAT the By-law attached to this Report, to amend By-law 84-63, as amended, be forwarded to Council for approval . BACKGROUND AND COMMENT: On October 14, 1986, the Planning Department received an application for rezoning submitted by Mr. J . Higgs. The application was made in order to permit the construction of a detached accessory building in an "Environmental Protection (EP)" zone. There is a single family dwelling existing on the site and the owner/applicant wishes to construct a detached double car garage. The site is located adjacent to the Ganaraska River and fronts onto Regional Road No. 9. . . .2 jY- (b) REPORT NO.: PD-298-86 Page 2 Staff would note for the Committee' s information that pursuant to Council ' s resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. Staff would note that no objections to the proposal were received at the writing of this Report with respect to the amendment requested. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Newcastle Public Works Department - Newcastle Building Department - Regional Health Services - Ministry of Agriculture and Food The Regional Planning Department has reviewed the proposal and offered the following comments: "In response to your request for comments, we note that the subject property is designated "Oak Ridges Moraine" in the Durham Regional Official Plan and the Town of Newcastle Official Plan and is subject to Hazard Land Policies. Section 16.6.5 of the Durham Plan permits continuation, expansion or enlargement of uses which do not conform to the Durham Plan. At their sole discretion, Councils of the area municipality may zone to permit the continuation, expansion or enlargement of existing uses. The construction of a residential garage accessory to the existing house is permitted by the Durham Regional Official Plan." The Ganaraska Conservation Authority has thoroughly reviewed the application. The Authority has no objections to the proposed rezoning and "a permit under the Authority's Fill , Construction and Alteration to Waterways Regulation 576/84 was issued on July 23, 1986 for the construction noted in this rezoning application." . . .3 /1(0 REPORT NO. : PD-298-86 Page 3 The Authority has also included an evaluation of the impact of the new garage and has concluded that: "In the opinion of the Authority, the works proposed will not increase the existing degree of flood hazard on the applicant' s or adjacent properties and the increase in flood damages to the property under Regional Storm flood conditions will not be substantially increased as a result of the proposed works (refer to attached reference and evaluation notes on the Owner' s application for a permit under Ontario Regulation 576/84). " The Zoning By-law contains a general provision designed to prevent new buildings from being erected within 3 metres of an "Environmental Protection (EP)" zone. The Explanatory Note to the By-law states that the Conservation Authority is to ascertain what regulations would be applicable in each given case. As well the specific site may be zoned to permit such a use. After a review of the application and a check of the site, Staff has found no conclusive evidence to deny the application. The documentation submitted by the Conservation Authority supports the contention that the degree of flood hazard is not increased and that no increased threat to life is proposed. The evaluation notes from the Conservation Authority has assisted greatly in the examination of this proposal and Staff has agreed that the new building will not create any significant flooding increase nor will it add an unacceptable amount to the estimated value of damages. Respectfully submitted, Recommended for presentation to the Committee T.T. dwards, .C. .P. awrence Director of Planning Chief Adm4,Kotseff strative Officer TFC*TTE*jip *Attach. December 2, 1986 Applicant: Mr. J . Higgs R.R. #1 KENDAL, Ontario LOA 1EO THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, 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 in order to permit the construction of a two car garage accessory to a single family dwelling 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 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP) ZONE" of By-law 84-63 is hereby amended by adding thereto the following new Subsection 5.2.5 as follows: "5.2.5 ENVIRONMENTAL PROTECTION EXCEPTION (EP-5) ZONE Notwithstanding Sections 3.19 a) and 5.1, only one (1) single family detached dwelling and buildings accessory thereto and all home occupation uses shall be permitted on those lands zoned "EP-5" on the Schedules to this by-law subject to the provisions of Section 9.2 in respect of a single family dwelling." 2. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental Protection (EP)" Zone to "Environmental Protection Exception (EP-5) Zone" as indicated on the attached Schedule "X" hereto. 3. Schedule "X" attached hereto shall form part of this by-law. 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. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. MAYOR CLERK i r.. This is Schedule "X" to 86 - B law - Y , passed this day of , 198 6 A.D. LOT II , CONCESSION 7 (Lot CREEK I b a w ro z o J H 9 J i 9).440 REGIONAL OAD 7N°429 ® ZONE CHANGE FROM 'EP' To ' EP- 5 ' O S 10 20 30 SOm Mayor a ' Clerk 16 15 14 13 12 11 10 9 8 7 w A z� z 8 SUBJECT; is SITE�i f I W .A = U I A EP z 3 I I I EP RE01 L RD. A•1 I NP 9 I ' SEE SCHEDULE '16' A 1 I (KENDAL) A , z IA o 1 I , Ln 1 m w x 1 z A1 I ( = ;A ; o 1 Q I I C I CONCESSION ROAD 6 i Former Township of CLARKE ° 2�3°D ODDm 50pm 100 I u. 1•