HomeMy WebLinkAboutP-72-81 „ I V(/1
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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)2 -2231
REPORT TO- THE PLANNING- AND DEVELOPMENT COMMITTEE MEETING OF ' -
13, 1981. �3
API? ,y 191
REPORT NO.: P-72-81
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SUBJECT: Application for Rezoning Number Z-A-2-6-5
Part of Lot 9, Concession 2, former Town of
Bowmanville - John Bolahood
RECOMMENDATIONS:
It is respectfully recommended:
1. That Report P-72-81 be received; and
2., That Application for Rezoning Number Z-A-2-6-5 be
denied due to non-conformity with the provisions of
the Durham Regional Official Plan and the Official
Plan of the former Town of Bowmanville; and
3. That the Region of Durham and the applicant be advised
of Councils actions.
BACKGROUND:
The subject application requests an amendment to Restricted
Area Zoning By-law 1587 of the former Town of Bowmanville to rezone
a 2.4 hectare (6.0 acre) parcel of land located in Lot 9, Concession 2,
k,
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Bowmanville. The applicant wishes to rezone this site in order
to develop three (3) additional residential building lots. The site
is designated "Residential" in the Region of Durham Official Plan.
Section 8.1.3.1 of the Regional Official Plan states that "Residential
Areas" be fully serviced by municipal water and sewage systems and
that this shall be a necessary condition before residential development
is permitted in any of the designated areas.
The former Town of Bowmanville Official Plan designates the
site "Industrial". Residential uses are not permitted within this
land use designation and any further action on this application weulu
require an Official Plan Amendment. Therefore, the proposal does not
conform with the policies of the Region of Durham Official Plan or the
Official Plan of the former Town of Bowmanville. It should be noted
at this point that the Industrial designation within the local Official
Plan is permitted by Section 8.1.2.1 (b) of the Regional Plan and,
therefore, the local plan is in conformity notwithstanding the Residential
designation of the Regional Plan.
The application was circulated to the following Departments
for comment:
Region of Durham Planning and Public Works Department
"The subject site is designated "Residential" in the Durham
Regional Official Plan and "Industrial" in the Bowmanville
Official Plan. The industrial designation in the Bowmanville
0 f f i c i a 1 P ln_is csznsd s tentlAT i th rt,A p ; � he_ i� g�
which permits industrial uses within Residential areas subject
to inclusion of appropriate designations and policies _in_ the___
district plan or the existing local official plan. The proposed
residential use in an area designated "Industrial" in the Bowman-
ville Official. Plan, therefore, does not conform. An amendment
to the Bowmanville Plan will be a pre-requisite for the proposed
development.
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With respect to Regional services, municipal water and
sanitary services are not available to the subject land
and the Region has no plans to extend services into this
area."
The Durham Health Unit
"no objec-tion"
Central Lake ,Ontario Conservation Authority
"The Authority's concerns for the subject- lands relate to
potential flooding in the lots to be created and any adverse
water quality impacts on the Soper Creek that may result from
the use of private sewage disposal systems. The site is lo-
cated in the study area of the proposed Storm Water Management
Study for the Bast-Northeast Bowmanville Development Area. The
terms of reference for this study, to be carried out by Marshall
M-aeklin Monaghan Limited, have been prepared by this Authority
in consultation with other agencies having jurisdiction.
The small tributary of the Soper Creek which flows through the
lands in question has been floodline mapped only as far west
as the east side of Mearns Avenue. It is not possible, therefore,
to determine the extent of potential_ flooding on the site of the
proposed rezoning and subsequent subdivision. The area surrounding
the Soper Creek tributary should be zoned to prohibit buildings
and structures and the remainder of the site to permit estate-
residential development-.
On the above basis, it is recommended that proposed by-law
Z-A-2-6-5 be deferred at the present time. A revised imple-
menting sketch should be submitted with a report which indicates
the potential flood risk under Hazel and 1 in 100 year flood
conditions and which ensures the protection of the Soper Creek
system given the use of individual sewage disposal systems.
The revised plan should indicate areas to be rezoned for develop-
ment purposes and areas where buildings and structures would be
prohibited, except those necessary for flood or erosion control."
Ministry of Natural Resources
_ "This ap_p.ication_has been reviewod and-we-lza ions
to make. We are assuming that this proposal will later be
therefore, like to take this opportunity of advising Mr. Bolahood
of Ministry concerns regarding development of .this _property, _
The water course flowing across the northern portions of this
land is considered to be a sensitive cold water fish habitat.
As such, it may be adversely affected by actions which cause
water temperature increases, erosion of creek banks, and sedi-
mentation over spawning beds. The removal. of overstory tree
cover and the ponding of creek flow tend to cause an increase
in water temperatures. Construction activities in or near the
creek may cause either siltation or the direct physical destruction
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of spawning beds. Furthermore, the valley lands associated
with this water course are considered to have a relatively
high potential to flood.
Therefore, should the owner apply to the Region of Durham
for a land severance, our suggested conditions will be that:
1. no buildings, structures or fill will be placed on the
creek-associated valley lands without prior written
approval from this office."
Newcastle Fire Department
"As development occurs.within the Municipality adequate water
supply for fire protection should be available.
Therefore,- when reviewing this application for rezoning, I
would, recommend that consideration be given to include adequate
facilities for fire protection by way of extending the existing
munieipal water "
Newcastle Public Works Department
"That Mearns Avenue is designated as a (future) arterial street,
with limited control access. By reason of the foregoing, this
application should be denied."
COMMENTS:
Staff have reviewed the proposal submitted by Mr. Bolahood and
note that the ,proposed residential development would not conform with
the policies or the intent of the Region of Durham Official Plan nor those
of the former Town of Bowmanville Official Plan.
In addition, we note the concerns of the Central Lake Ontario Con-
servation Authority and the Ministry of Natural Resources regarding the
location of the proposed lots s n relationship to the tributary n f Rn Zer
may occur if this development proceeds_.
RespectfUl y supmitted,
EP:lb D. N./Smith, M.C.I.P.
April 6, 1981 Director of Planning