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Home My WebLink AboutPD-14-93 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: MOSTERT.GPA Meeting: General Purpose and Administration Committee File # Date: Res. # GPA -.310- Cf3 Monday, January 18, 1993 # #: PD 14 92 File #: -BE'if 90 087 REZONING APPLICATION - DIRK MOSTERT PART LOT 35, CONCESSION 2, FORMER TOWNSHIP OF CLARKE FILE: DEV 90-087 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-14-92 be received; 2. THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Dirk Mostert in order to permit the creation of one (1) additional non-farm rural residential lot be DENIED; and 3. THAT the interested parties listed in this report and any delegation be advised of Committee's and Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Dirk Mostert 1. 2 Rezoning: From Agricultural (A) to an appropriate zone or zones to permit the creation of one (1) additional non-farm rural residential lot. 1. 3 Area: .81 hectares (2 acres) 2 . BACKGROUND: 2.1 In October of 1990, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in order to permit the creation of one (1) additional non-farm rural residential lot through the consent process. 38, RECYCLED PAPER 11~~~lgCE nus IS PIl:NTEDON RECYCLED PAPEH REPORT NO.: PD-14-93 PAGE 2 2.2 The proposal is s'ituated on the west side of Regional Road #42 approximately 1 Kilometre north of Highway #2, but is more formally described as Part Lot 35, Concession 2, in the former Township of Clarke. 2.3 A Public Meeting with respect to the application was held on November 19, 1990 at which time the applicant addressed the General Purpose and Administration Committee. However, no other area resident appeared before the Committee either in opposition to or in support of the application. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 As of the writing of this report, no written submissions have been received. However the public notification process, staff did receive one telephone inquiry from an area resident who requested more detailed information with respect to the nature of the application. 4. OFFICIAL PLAN CONFORMITY 4.1 within the existing and the recommended Durham Regional Official Plans, the subject property is designated as Permanent Agricultural Reserve. section 10.2.1.3 of the existing Regional Official Plan and section 13.3.13 of the 1991 Regional Official Plan prohibits the establishment of non-farm rural residences. r) 39 REPORT NO.: PD-14-93 PAGE 3 4.2 Therefore, in order to permit the proposal to be considered, the applicant would have to make an application with the Regional Municipality of Durham to amend the existing Regional Official Plan. As of the writing of this report, the applicant has not filed an Official Plan Amendment application with the Regional Planning Department. 5. ZONING BY-LAW CONFORMITY 5.1 within the Town of Newcastle comprehensive zoning By-law 84-63, the subject property is zoned Agricultural (A). As the applicant proposed to create one additional non-farm rural residential lot, the applicant has applied in order to amend the zoning by-law accordingly. 6. AGENCY COMMENTS 6.1 The Town of Newcastle Planning and Development Department undertook a circulation of the proposed zoning by-law amendment in order to obtain comments and/or concerns. The following provides a brief summary of the comments received to date. 6.2 The Ministry of Agriculture and Food has advised that the proposal is not farm related in nature and would create an incompatible use in a predominantly agricultural area. Therefore, since the application does not comply with Food Land Guidelines, the Ministry of Agriculture and Food objects to the proposed zoning by-law amendment. 6.3 The community services Department has advised that they have no objection to the application conditional upon the applicant providing the municipality with 5% cash-in-lieu of parkland dedication, with the funds realized being credited to the Parks Reserve Account. 6.4 The balance of the circulated agencies which have provided comments arQ thQ Town of Ne~castle Fir~ npr~r~mpn~, ~hp Town of Newcastle Public Works Department, the Ganaraska Region Conservation 540 REPORT NO.: PD-14-93 PAGE 4 6.4 The balance of the circulated agencies which have provided comments are the Town of Newcastle Fire Department, the Town of Newcastle Public Works Department, the Ganaraska Region Conservation Authority and the Regional Health unit. None of the aforementioned agencies provided objectionable comments with respect to the proposed zoning by-law amendment. 7. STAFF COMMENTS 7.1 Staff have reviewed the application in relation to the Regional Official Plan, the Town of Newcastle Comprehensive Zoning By-law 84-63 and the comments received through the circulation and public notification processes. As previously noted, the Ministry of Agriculture and Food has advised that the application does not comply with the Ministry's Food Land Guidelines. 7.2 In addition to the objections of the Ministry of Agriculture and Food, the Regional Planning Department has advised that the application does not conform with the Regional Official Plan. Furthermore, subsequent to advising the applicant in February of J..~~, J..I\Al~t:l1:r-~f?P~c:;t:",t:()mt:h~Jf?f?\.l~m():fml1C:>l1__~()l1:f<:>:t:'ll1.Jt: Yv.rJt:hmt:h~g~g~gl1C'l.]- Official Plan, the applicant has not made an Official Plan Amendment application with the Regional Planning Department. 8. CONCLUSION 8.1 In view of the comments contained within this report, staff recommend that the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 be DENIED. Respectfully submitted, Recommended for presentation to the Committee dr ~~~~ ,~;\ ,~) Franklin Wu, M.C.I.P. Director of Planning and Development \" /"') ) ':r, / j. t\ ( /:, .', (/) ;\/) tClcCLC\ () it, " Lawrence E. Kpt$eff Chief Adminis~ra~ive Officer *Attach '41 J REPORT NO.: PD-14-93 PAGE 5 Interested parties to be notified of Council and Committee's decision: Dirk Mostert 355 Regional Road 42 R.R. #8 NEWCASTLE, ontario L1B 1L9 542 ATTACH #1 ;tiE:' I~ ez.Cn.-l1N:1 troY>1 AGr-J<>"LtLlre. to ~orvY\ CLu.s~e.... ~ C.f\ei3rE ItNothe.rJ-.o+ ~~ <: ~ '2.' ::. L of 35 c. ON 2- , ~, !3QSI \J TOW A/S'H I P r C!.IIRkE ~ 0 i "- i I I t ~:J.~ ' I I i' I~ " '.- :.l:l.S' N l'c '~ 1 3 '7 st () 4k "- \~ \J ~ + _u BHt... rE<I..EPHoN'e-- f:: X SB>1'c..'N -r"" m n' .--_.--~- _.+~~------- ~ ~~_.n. 'l..o f<:~t ," ~ '~ t'"f~ "'" \:J -::s. cz ~ "=> ~ <i ~ '--\ "'l ... ...'''''-t'''... ~.. ------ - '~ ..::. >.: \ ~ ,- - ~ - - - - - - - .~ - -- - - - - 0 ~ "'- t<l ~ ~ () ~ " I ':'l Q ~ "- ~'.'.. t<1 .. ~ ()' 363 .- 5 iTE <::l I<J "- 363' "... '2.. -,' i) 4 3 ATTACH #2 _ SUBJECT SITE 35 34 33 32 31 30 29 28 27 26 25 .CONCESSION RD. 3 I I I ,LX-l I I I I I j A HW'Y.401 SEE SCHEDULE I~. (NEWCASTLE VILLAGE) . , C.H.1l A 1..A.J(€ ON/AR 10 KEY MAP o ~~ ~- SOOnI QO l~ta\ lvs:; (\J Z o - (f) (f) W U Z o U - z ,0 - (f) (f) W U z em- U . 0:: LL ci CD . U Z o U Dev. 90-08 f 4~