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Home My WebLink AboutPD-133-87_, .,~..~.,,~, w TOWN OF NEWCASTLE 1 ~~J REPORT File # -~~ ,~'L Res. #,,~ j - ~ ~ ~ ~ ~~ By-Law # ~ ~`~ ~TI~'' General Purpose and Administration Committee ~~' Monday, Maly 4, 1987 REPORT #: PD_1~_g, FILE #: n~7-I$ SUB.ECT: REZONING APPLICATION - CAIATA CARPENTRY PART LOT 29, CONCESSION 4, FORMER TWP. OF DARLINGTON OUR FILE: DEV 87-18 CLERK'S FILE: 60.35.351 ~r RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PU-133-87 be received; and 2. THAT the application filed by Caiata Carpentry for rezoning in Part of Lot 29, Concession 4, former Township of Darlington, be denied without prejudice due to non-conformity with the Regional Official Plan. BACKGROUND AND COMMENT: Un March 9, 1987, the Planning Department received an application filed by Mr. Tony Caiata Carpentry for rezoning. The application requested a zoning category which would pe rmit the creation of one (1) additional non-farm related rural residential lot. The subject lands are designated as "Permanent Agricultural Reserve" and "Major Open Space" with an indication of hazard lands in the Durham Regional Official Plan. ...2 REPORT NO.: PD-133-87 Page 2 The property is currently zoned "Agricultural (A)" within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. This 9.95 acre lot predates the By-law. Staff would note for the Committee's information that 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. Staff would note that no objections to the proposal were received at the writing of this Report with respect to the amendment requested. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-96-$7. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Newcastle Fire Department - Newcastle Building Department - Central Lake Ontario Conservation Authority - Regional Health Unit - Nlinistry of Natural Resources - Ontario Hydro At this time the Regional Policy on nodes and clusters, Amendment No. 155 to the Uurham Regional Ufficial Plan, has been approved by the Ministry. This policy is quite clear as to the criteria which are to be utilized to recognize a "Rural Cluster". Amendment No. 155 states: "Clusters shall contain the following characteristics: i) the cluster is recognized as a definable sparate entity and is of a size so as not to be considered as scattered or strip development; ii) the entire cluster, including areas proposed for development, is identified in the District Plan, local Official Plan, and/or restricted area zoning by-law. Once defined no further extensions to the cluster shall be permitted; ~( ~,./ ...3 ~\ v ~J REPORT NO.: PD-133-87 Page 3 iii) the existing group of dwellings are on relatively small lots generally being less than approximately 3 ha; iv) new clusters shall be discouraged from locating on a Provincial Highway or Type 'A' arterial road; and v) development within the cluster is compatible with the surrounding uses and conforms with the Agricultural Code of Practice." This is not a definable entity, as shown on Attachment No. 1 to this Report. All of the lots on this side of Courtice Road are all of a similar size and the creation of a small lot is not in keeping with the nature of the area. 1~he lots are also distinctly larger than the 3 hectare size quoted in Number iii). The subject lands are located on Courtice Road which is designated as Type 'A' arterial road and Clusters are discouraged on such roads. The Official Plan limits the number of accesses to two (2) per side per mile. This limit is already being exceeded by the existing number of entrances. Any Hare would not comply and are not advisable on this busy arterial. Verbal comments have been received from the Ministry of Agriculture and Food ,, and the comment was negative because this is an area designated as "Permanent Agricultural Reserve". This type of use is not compatible and the creation of more non-farm uses cannot be support by the Ministry. It is clear from this review of Amendment No. 155 that this application does not conform to the policy. The Town also has a policy in place regarding Rural Nodes and Clusters. Report PD-180-86 outlined the Town's criteria for a Node or Cluster: "For the purposes of this policy rural Nodes or Clusters are defined as areas of rural non-farm related residential development which exhibit similar lot characteristics and contain a minimum of three (3) and a maximum of six (6) existing residential lots for which building permits would be available and within which infilling may occur up to a maximum of three (3) additional lots. ...4 t ~~.J REPORT NO.: PD-133-87 Page 4 A Rural Cluster shall be defined as areas bounded on, at least, three (3) sides by natural or physical boundaries such as watercourses or public streets. In addition to the foregoing, rural Nodes or Clusters shall not be permitted in areas designated as "Permanent Agriculture Reserve" by the Regional Official Plan. In other designations Nodes or Clusters shall not be permitted in areas located adjacent to active, agricultural operations, if such Node or Cluster does not comply with the Agricultural Code of Practice or the setback requirements of By-law 84-63, as amended." From a review of this criteria it is clear that this application does not conform to the policy. The new lot is not of similar characteristics to the ~'' other lots. (Attachment No. 1) The proposed lot would be only 100 feet frontage by 300 feet in depth (0.69 acres). The designation of a Cluster in this area would permit a great number of severances through infilling. This number is much higher than the limit of three set out in the policy. There are also no definable natural boundaries (streets, watercourses) which can be utilized to establish the limits of a cluster. Lastly, there is the intent of the Official Plan. In that the site is within the "Permanent Agriculture Reserve" the intent of the plan is to prevent further intrusion of non-farm related uses into such areas. In Staff's opinion, the creation of another non-farm related residential lot ~-" in this area i s clearly not permitted by, or consistent with, either the Regional Official Plan or the Town's Cluster Policy, therefore, Staff recommend that the application be denied. Respectfully subm' ed, . war s, Director of Planning TFC*TTE*jip CC: *Attach. April 23, 1987 Recommended for presentation to the Committee awrence otse Chief Adm ~istrative Officer Tony Caiata Carpentry R.R. #3, Box 16, Group 3 BOWMANVILLE, Ontario L1C 3K4 CC: Jones & Jones Barristers & Solicitors 130 King Street East USHAWA, Ontario L1H 166 ~r ~•- ..~ ~ AREA OF PROPOSED REZONING ( LOT 31 LOT 30 ~ LOT 29 .... ..........r........._ ....................................~~ ~ to I A A ~\\\ is Z RH . C3 R~-2 ~ A .. o TAUNTON ROAD ~ I=1 V •ROAO AILOwANCE 8E7wEEN CONCE5510N s oea S~~REGIONAL ~~ ~ N j ~ TYL•ER STREET ~ ~ Q RH RH A ~ FIRNER STREET BRADLEY BLVD. _ o (H) R H Q 0 0 _ ~.. Q I RH ~' ~~ Z ~ I `-' ~ O J n ~ ~ O U) 1 ' I"1 i- U W U Z ~ O i U 0 5o wo 200 3oom KEY MAP ~ ~- \ / -~J v ATTACHMENT NO. 1, ~J DEV 87-18 25 ACRES N ' J W W m Part of 98 ACRES 988 ACRES W O a O N 125 ACRES SUBJECT LANDS 995 ACRES 1982 ACRES CONCESSION 4 LOT 29 LOT 28-