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HomeMy WebLinkAboutP-94-80 -v� -a- CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COIMTTEE MEETING OF JUNE 9, 1980. REPORT NO. : P-94-80 SUBJECT: Application for Rezoning Number Z-A-3-4-2 Part Lot 10, Concession 6, Village of Kendal formerly Township of Clarke - Mrs. M. Garbutt BACKGROUND: The subject applicaton requests an amendment to the Clarke Zoning By-law to rezone a 5774.8 square metre (1.427 acre) parcel of land fronting on Mill Street in the Village of Kendal. The appli- cant intends to rezone this site for residential purposes. The site is designated "Hamlet" in the Region of Durham Official Plan. The proposed residential development is permitted under this land use designation. Section 10.4.1.4 of the Plan would allow residential development in Hamlets in the form of infilling and/or minor additions to existing development. In this regard, the proposal appears to conform with the policies of the Regional Plan. The site is presently zoned "OS Open Space" in the Clarke Zoning By-law. The proposed By-law would change the zoning of a portion of this property to "RR Rural Residential" in order to permit the erection of a single family dwelling. The remainder of this site would retain the "OS Open Space" classification in order that no construction be allowed within the fill line as designated by the Ganaraska Conservation Authority. - 2 - The application was circulated to the Durham Planning and Works Department, the Durham Health Unit, Ganaraska Conservation Authority, the Newcastle Fire Department, the Newcastle Public Works Department, and the Long Range Planner for the Town of Newcastle for comment. The Durham Planning and Works Department submitted the following: "The subject lands are located in close proximity to Kendal, a designated "Hamlet" in the Durham Regional Official Plan. Residential development is limited to minor internal infilling and/or minor additons to existing development. The applicant's proposal would appear to be a minor addition to the hamlet. The Plan also indicated the presence of "hazard lands" on a portion of the site. The exact location of such hazard lands shall be determined in the respective zoning by-laws in accord- ance with detailed floodline mapping in consultation with the conservation authority. The respective zoning by-laws shall also impose building setbacks from the hazard land related to the extent and severity of the hazard. Since the erection of buildings and structures and the placement or removal of fill of any kind is subject to the regulations of the relative con- servation authority, the comments of the Ganaraska Conservation Authority are of paramount importance to this application. With respect to servicing, municipal water and sanitary sewer facilities are not available to the subject lands and there are no plans to provide services to the Hamlet of Kendal. Finally, due to the proposed change in the zoning of this property from "Open Space" to "Rural Residential", there are financial planning implications with respect to the provisions of roads and other Regional services. In accordance with the Region's Development Charge Policy, the following levies are requested as a condition of approval of the subject application. Capital Levy for Regional Road Construction $ 400.00 Capital Levy for the Provision of other Regional facilities 290.00 TOTAL LEVIES $ 690.00" The Durham Health Unit submitted the following comments: "The Durham Regional Health Unit offers no objection to the above-mentioned application, provided that a Class 6 aerobic sewage disposal system only is used." 3 - The Ganaraska Conservation Authority submitted the following comments: "The subject property has been outlined in red on the enclosed floodplain mapping. A small part of the property lies within the floodplain with a larger portion being enclosed by the fill line. The area enclosed by the fill line represents the valley wall of the stream and contains area with steep slopes. The construction of buildings and associated facilities within this area would re- duce the slope stability, encouraging erosion and could potentially reduce the water quality in the Ganaraska River. Based on the above and with regard to matters under the juris- diction and mandate of the Ganaraska Region Conservation Authority, there is no objection to the above rezoning provided that the area enclosed by the fill line (cross hatched) remains in its "open space" designation." The Long Range Planner for the Town of Newcastle offered the following: "A cursory review of the hamlet and flood plain mapping indicate that this could be considered an infilling situation. The pre- sent open space zoning does not appear to reflect the actual flood line limits, however, the comments of the Ganaraska Conservation Authority should be sought. The U.M.A. study indicates the site has development constraints due to steep slopes and therefore ade- quate setbacks would be required. Again, Ganaraska's comments would be in order. The U.M.A. study also indicates possible problems with tile beds due to soil conditions. The Health Unit's comments should apply in that respect." The following agencies had no objections to the proposed rezoning: The Newcastle Fire Department The Newcastle Public `,forks Department. CO2I�ENTS Staff have reviewed the proposal submitted by Mrs. Garbutt and feel that since this application consists of the addition of one resi- dential lot to existing residential development in the village, there would appear to be no adverse effect on the existing uses in this area. Because of this reason and the fact that the proposal would not conflict with the policies of the Region of Durham Official Plan, we would have no objection to the subject application for rezoning. - 4 - RE COI=OATION: It is respectfully recommended: 1. That application for rezoning Z-A-3-4-2 be approved, upon the applicant fulfilling the financial requirements of the Regional Municipality of Durham and the Town of Newcastle. Respectfully submitted, EP:lb D. N. Smith, M.C.I.P. May 12, 1980 Director of Planning