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HomeMy WebLinkAboutPD-20-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO 1_081,10 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 8, 1982 REPORT NO. : PD-20-82 SUBJECT: APPLICATION FOR REZONING Z-A-3-12-10 PART OF LOT 20, CONCESSION 2, FORMER VILLAGE OF NEWCASTLE KRACO CARPENTRY SERVICES LTD. RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following:- 1 . That Report No. PD-20-82 be received; and 2. That Application for Rezoning Z-A-3-12-10 affecting part of Lot 28, Concession 1 be approved; and 3. That the attached By-law Number 82- be forwarded to Council for approval . BACKGROUND: The subject application requests an amendment to Restricted Area (Zoning) By-law 79-44 of the former Village of Newcastle to rezone a 1014.2 square metre (10,916.4 square feet) parcel of land fronting on Robert Street in the Village of Newcastle. The applicants intend to rezone this site in order to permit the erection of one single family dwelling. J i 5(c� Report No. : PD-20-82 _ . ./2 The subject lands are designated "Residential " and "Hazard Lands" by the Region of Durham Official Plan. The proposed construction of a single family dwelling would be permitted within the area designated as "Residential" . We note that a large portion of this site is located within the "Hazard Lands" designation of the Regional Plan, and, building in general is prohibited under the land use designation. However, by applying an appropriate zoning category which would restrict building within this designation staff would be maintaining the intent of the "Hazard Land" policy and subsequently the subject application would conform with the policies of the Durham Regional Plan. The site is presently zoned "R1 Residential " and "OS-1 Open Space" by Restricted Area (Zoning) By-law 79-44 of the former Village of Newcastle. The proposed By-law amendment would apply a "Special Provision" to the R1 Residential zoning category in order to permit the applicant to construct one single family dwelling on the subject lands. In accordance with departmental procedures, the subject application was circulated to various departments and agencies for comment. The following is a list of the comments received: Durham Regional Planning and Works Department: "Please be advised that the subject site appears to be designated "Residential " and "Major Open Space" with an indication of the presence of hazard lands. The precise delineation of these designations is to be made in the implementing zoning by-law. We are aware that you are in receipt of the comments of the conservation authority regarding the location and extent of hazard lands. Report No. : PD-20-82 . . . ./3 With respect to the provision of Regional services both water and sewer services are available to the site from the abutting watermain and sanitary sewer on Robert Street." Ministry of Natural Resources "According to our information the westerly part of this property is in the floodplain of the Foster Creek. Interference with the floodplain could increase the risk of flood damage to this property or other residents. We would suggest as an alternative to the present application, that only the east part of the property which is not in the floodplain be rezoned. The west part should remain in the OS zone. We would also suggest that any development on the east portion take place in consultation with the Ganaraska Region Conservation Authority, and that a site plan agreement be used to formalize this control . We would suggest you contact the Conservation Authority for a detailed location of the floodline. " Ganaraska Conservation Authority "A part of the property to be rezoned lies within the floodplain of Foster Creek. Adequate protection should be provided in the by-law to ensure those floodplain lands are not developed. Although the Conservation Authority would prefer to have these floodplain lands remain in the OS zone, we would not object to this rezoning provided that: 1 . no person is permitted to erect, place or alter any building or structure or place or remove fill of any kind within the floodplain area of Foster Creek. 2. the Conservation Authority have site plan approval prior to the issuance of a building permit for the subject property. " Newcastle Hydro Commission "no objection" f Report No. : PD-20-82 . . ./4 Newcastle Public Works Department "1 . That the Applicant fulfill the requirements of the Ganaraska Region Conservation Authority. 2. That the Applicant submit a Lot Grading Plan suitable to the Director of Public Works. 3. That the Applicant obtain an Access Permit and that the access be installed in accordance with Town Policy. " Newcastle Fire Department "The Fire Department has no objection to the application for rezoning. The area is located within 5 minutes response time for fire emergency services, with a municipal fire hydrant within 350 feet of the building to be protected." Newcastle Building Department "no objection" COMMENTS: Staff have reviewed the subject application submitted by Kraco Carpentry Services Ltd. and note that there were no major problems expressed as a result of circulation which may have negated approval of this application. However, we do note that there was some concern with regards to the location of the subject site in relation to the floodplain of Foster Creek and the effect on the creek and valley lands, and, also abutting properties in this area. In order to alleviate these concerns staff have determined an area suitable for building which is outside of the floodprone area and also, by maintaining the Open Space zoning category within the By-law amendment staff would be ensuring the protection of these environmentally sensitive lands. 50 Report No. : PD-20-82 /5 Because of these reasons and the fact that the proposal conforms with the policies of the Durham Regional Official Plan, staff would have no objection to the approval of this rezoning application. Re spec tfu submt�ff-k, T T. Edwards, M.C.I.P. Deputy Director of Planning EP:mjc January 5, 1982 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82-,,IuD being a By-law to amend Restricted Area By-law Number 79-44, as amended, of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 79-44, as ` amended, of the Town of Newcastle. NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows:- 1 . Section 9 of By-law 79-44, as amended, is hereby further amended by adding thereto subsection 9.4 as follows: "9.4 SPECIAL PROVISION FOR R1-2 ZONE Notwithstanding any provision of this By-law to the contrary, prior to the issuance of a building permit . for the lands designated "R1-2" on the attached Schedule "A" hereto, written approval of building siting plans and lot grading plans shall be required from the Conservation Authority having jurisdiction and the Town of Newcastle Public Works Department. " 2. Schedule "A" to By-law Number 79-44, as amended, is hereby further amended by changing to "R1-2" the zone designation of the lands indicated as "ZONE CHANGE TO R1-2" on the attached Schedule "X" hereto. 3. - This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act. By-law read a first time this 1.5' day of _7 ` 1982 By-law read a second time this i5' day of 1982 By-law read a third time and finally passed this 15- day of µ 1982. G. B. Rickard, Mayor D. W. Oakes, Clerk THIS IS SCHEDULE 'X' TO BY-LAW 82-..: , PASSED THIS DAY OF, L-/-_ A.D. 1982. 1 .... » .�_ H 'I- v J E ... .' t'... . to rT M Z ° - 2 O � J � Q _ s ' ',_• U F+—--20.117m 20.117m 58-725m- ROBERT STREET ( SEAL ) ZONE CHANGE TO R1- 2 G.B. Rickard, Mayor 0 5 10 20m WYE 5 D.W. Oakes,Cierk KEY MAP NEWCASTLE VILLAGE 1:25 000 LOT i OT LOT LOT LOT T LOT T LOT OT LOT I 33 I 31 ( 30 i 29 27 26 I 25 I 24 23 I I I i HWY. I NQ 2 u KING STREET 1 NIaMwA I I z©�❑ I I I I I I P I I o��❑ I I I i f SUBJECT 11E i 11 E] I SITE ( I � v Q❑RiHERT ST. I I I HWY. 1 ---� 2 I NQ 4m I Y6s WNAIG � I I I I I I I I I I I i 1 ----------.__ BY-LAW NUMBER- 82- OF THE .CORPORATION OFTHETOWN OF NEWCASTLE • I i being a By-law tp amend Restricted Area By-law Number 79-44, as amended, of the Town of Newcastle i BY-LAW Planning Department Corporation of the Town of Newcastle Municipal Offices HAMPTON, Ontario Z-A-3-12-10 I