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HomeMy WebLinkAboutP-72-81 „ I V(/1 o rr 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 C �4R tpy F CLEIIlf ,p vc4sy 1?'-NyCNr 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, 2 - 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. i Id 3 - 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 - 4 - 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