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HomeMy WebLinkAboutP-84-80 0 � 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MAY 12, 1980. REPORT NO. : P-84-80 SUBJECT: Proposed Rezoning Z-A-2-6-4 Part Lot 8, Concession 1, former Township of Darlington Bowmanville Zoo (K. Connell) BACKGROUND: The applicant is seeking to rezone a 42.2 acre parcel of land (Bowmanville Zoo) from the "OS" zoning category to an 'Open Space - Special Condition" category that would recognize the existing uses on the property and permit the use of the site for apartments and a trailer park. The existing zoo and associated recreational commercial uses are currently legal non-conforming uses having been established in 1949. The application was circulated to various concerned agencies for comments and these are summarized below: Durham Regional Planning and Works - The subject site is designated primarily Major Open Space with the presence of Hazard Lands in the Durham Regional Official Plan. Recreational uses may be allowed in the zoning by-laws of the municipality provided that such uses are compatible with their surroundings and are in conformity with the intent of the Durham Regional Official Plan. In addition, the site is located within "Environmentally Sen- sitive Areas" identified by Amendment 19 to the Durham Plan. The extent and exact location of such environmentally sensitive areas shall be determined at the time of development applications. Prior to approving such application, the local Council in co- f ' v operation with the Region and CLOCA shall conduct a study to implement the objectives of Section 1.2.2 of the Durham Plan. f pp� 2 - Notwithstanding this, we understand that the application is intended to allow the continuation of an existing use. Section 16.6.5 permits Council at their discretion, to zone to permit the continuation, expansion or enlargement of existing uses provided that such uses have no adverse effects on the present use of surrounding lands or the implementation of the provisions of the Durham Plan. In light of the preceding, we conclude that further develop- ment of the subject site should be given careful consideration with particular regard for the Environmentally Sensitive Area policies of the Durham Plan. With respect to the provision of Regional services, municipal water is available to the site. Although there is an existing sanitary sewer at Mearns and King Streets, the subject site is low relative to the sewer invert and outside of the drainage area for said sewer. As a result, sanitary sewer servicing is not available. Durham Regional Health Unit - No objection. Central Lake Ontario Conservation Authority - A major portion of the subject property is prone to flooding under Regional Storm conditions. The application indicates that the owner is seeking an "Open Space - Special Condition" zoning. We have not been supplied with the provisions of such a zoning category and therefore cannot provide a proper evaluation. Since the site is flood-susceptible, we must recommend that the application not receive approval at this time. Ministry of Natural Resources - The site is in the floodplain of the Bowmanville Creek (actually Soper Creek) , and buildings and structures incur a hazard to other residents, as well as anyone inhabiting or using the buildings on the site in time of flood. As the existing buildings are already legal non-conforming uses, and the Official Plan policies restrict development in hazard land areas, we wonder what is the reason for this rezoning. On the basis of what we have seen to date, we would recommend against this amendment. Ministry of Agriculture and Food - No objection. Ministry of Transportation & Communication - No objection. Newcastle Public Works - At this point in time, have no comments on the matter. If, in the future, however, this application is granted and an expansion to the zoo (and various uses) is pro- posed, then this department will consider the question of access, etc. upon notification. 3 - Newcastle Fire Department - No objection. I would note that all buildings that are erected shall be in compliance with Fire Safety Requirements. Require access route to all areas for fire department vehicles and equipment. COMMENTS: Based upon our review of the application and comments received through circulation, it appears that there are two areas of concern which must be considered. In the first instance, the basis, and need for a rezoning are called into question. In that regard, the Official Plans presently in effect, ensure that legal non-conforming uses may continue without the need for a rezoning, although Council may choose to recognize such uses by by-law, if it so desires. In the second instance, proposed new uses or expansion of existing uses, which require a rezoning, are not desirable due to the fact that the site is location within a flood plain. Additional development within such an area, especially of a resi- dential nature, would only increase the potential for flood damage and property loss. The site has also been identified as environmentally sensi- tive and as such, further development of the site would require an environ- s mental analysis of the site prior to approving such new development. CONCLUSION: As the site is located within a floodplain and further develop- ment within the floodplain is not recommended, and given that the existing uses are legal non-conforming, staff feel that the requested rezoning is not warranted. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: IV- 1. That rezoning application Z-A-2-6-4 for Part of Lot 8, Concession 1, former Township of Darlington be denied, the file closed and the applicant so advised. Respectfully submitted, Ae TTE:lb D. N. Smith, M.C.I.P. April 28, 1980 Director of Planning i I I I i I