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HomeMy WebLinkAboutPD-115-87F. ~~„ r...~t,. ,,'? ~, , ~ ~~~:. ~. ~' '; ~~ TOWN OF NEWCASTLE V ~~~ REPORT File #~~-,,:c~~ 7``` ~' Res. # By-Law # Its: General Purpose and Administration Committee DATE: Tuesday, April 21, 1987 T #: PD-115-87 FILE #: OPA 86-89/D CT: APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN M(t. & MRS. S. STABY PART LOT 27, B.F.C., FORMER TWP. OF CLARKE FILE: 86-89/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-115-87 be received; and `L. THAT the Region of Durham be advised that the Town of Newcastle recommends that site specific Official Plan Amendment application 86-89/D submitted by Mr. & Mrs. S. Staby to permit the creation of one (1) additional residential lot in Part Lot 27, B.F.C., former Township of Clarke, be denied; and 3. THAT the Region of Durham be requested to amend the "Permanent Agricultural Reserve" designation in the area identified by Attachment No. 4 to Report PD-115-87 to "General Agricultural"; and 4. THAT a copy of Staff Report PD-115-87 and Council's decision be forwarded to the Region of Durham, the applicant and the interested parties indicated hereto. BACKGROUND: On January 9, 1987, the Town received notice from the Region of Durham of an application to amend the Durham Regional Official Plan submitted by Mr. & Mrs. S. Staby to permit the creation of one (1) additional residential lot in Part Lot 27, B.F.C., former Township of ...2 C~~ REPORT NO.: PD-115-87 Page 2 * Clarke (see Attachment No. 1). The property is designated "Permanent Agricultural Reserve" in the Official Plan and zoned "Agricultural (A-1)" by By-law 84-63. The Staby property was the subject of a rezoning application (DEV 86-61) to permit the creation of the proposed lot. The Public Meeting for the rezoning was held on Decernber 15, 1986. Staff indicated in Report * PD-299-86 (see Attachment No. 2) that, although we have no concern with the principle of the proposal, we are unable to support the application due to the 1 ack of conformity with the Regional Ufficial Plan . Rural clusters are not permitted within the "Permanent Agricultural Reserve". Staff recommended that Council table the rezoning application to permit the applicant to apply for an Ufficial Plan Amendment. Committee and Council resolved to endorse Staff's recommendation. In accordance with Departmental policy, the subject Ufficial Plan Amendment application was circulated by both Regional and Town Planning Staff. The following comments were received. Region of Durham Works Department "Municipal water supply and sanitary sewer services are not available to the subject lands, and the Regional Works Department has no plans within its capital budget to extend said services to the frontages of the said land. Therefore, individual wells and private sewage disposal would appear to be the only available method of servicing to the site. In addition, our concerns over the payment of Regional levies for the creation of an additional residential lot are anticipated to be covered through the subsequent process of severance application. On the basis of the above, we have no objection to further processing of this amendment application to permit a future severance." The following agencies indicated no objection to the subject application: - Ganaraska Region Conservation Authori ty - Region of Durham Health Unit - Ministry of Agriculture and Food - Ministry of Natural Resources ...3 ///// r Cv REPORT NO.: PD-115-87 Page 3 Comments from the Town's Community Services, Fire, Public Works and Building Departments were not solicited inasmuch as they had indicated no objection to the rezoning application. One letter signed by six (6) residents of the Bond Head area was submitted in objection to the subject application. A typed version of * the letter as provided by the Region is attached hereto as Attachment No. 3. COMMENT: None of the agencies circulated indicated an objection to the creation of the additional lot. The Regional Works Department has indicated municipal sewer and water services are not available to the subject site. Staff note that municipal water is available to properties with frontage on Boulton Street. Amendment No. 72 to the Durham Regional Official Plan limited residential infilling on municipal water to those properties fronting on Boulton and Mill Streets within the residential cluster of Bond Head. The Staby property is not considered part of the Bond Head cluster inasmuch as it does not front on Boulton Street. Amendment No. 155 to the Durham Regional Official Plan, as approved by the Ministry of Municipal Affairs, states that clusters shall be recognizable as a definable separate entity and be of a size so as not to be considered as scattered or strip development, and that the existing group of dwellings be on relatively small lots. The Town's Criteria for identifying rural clusters as adopted by Council further specifies that rural clusters are to be 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. A rural cluster is to be bounded on at least three (3) sides by natural or physical boundaries. Clusters are not to be permitted adjacent to active agricultural operations. ...4 L~~ r REPORT NO.: PD-115-87 Page 4 Staff have reviewed the subject application and are of the opinion that a rural cluster could be defined on the east side of Park Road in conformity with the criteria outlined above. Currently, there are four (4) homes in the area bounded on the south by Boulton Street, on the west by Park Road and on the north by the Bond Head Cemetary. A further thre e (3) lots, including the new lot proposed by the Stabys, could be created within the defined cluster. The lots would have similar lot areas and frontages and would conform to the "Rural Cluster (RC)" provisions of By-1 aw 84-63. Staff note as wel 1 that the 1 of s would al so be si mi 1 ar i n size to those within the Bond Head cluster where the minimum frontage and area requirements i s 40m and 25UU square metres respectively, pursuant to the "RC-1" zone provisions. The criteria specify that the residential uses within a cluster are to be non-farm related. Staff note that the Stabys have a small farm operation which includes a vegetable garden, and a small chicken coop which is currently located on the proposed new lot. A requirement of a rezoning to "Rural Cluster" would be the discontinuation of the farming operation, although the vegetable garden could be maintained provi ded i t was for the Stabys' personal use. The other residential uses on the east side of Park Street are all non-farm related. The criteria also specify that new lots are not to be located adjacent to active agriculturalI operations and must conform to the Agricultural Code of Practice. An agricultural operation is located directly to the east; however, the Town's Criteria has been interpreted to apply to only agricultural buildings housing livestock. In that regard, Staff note that the barns related to the agricultural operation are located approximately 500 m to the north of the Staby property. Staff further note that the Ministry of Agriculture and Food has indicated no objection to the subject application. The letter submitted by the area residents states that the applicant has an apartment in the basement of their home. The Nlinistry of Revenue has ...5 ~e~ REPURT NO.: PD-115-87 Page 5 confirmed the existence of the apartment and, although their records indicate the basement renovations were completed around 1978, no specific information is available as to when the apartment was first rented to tenants. Staff note that, prior to Council adoption of By-law 79-44 on Nlay 23, 1979, there was no zoning by-law i n effect i n Newcastle Village. Accordingly, any use established prior to the above date would be legal non-conforming. The residents also noted in their letter a concern regarding drainage problems on the applicant's property. As a condition of the approval of a Land Division application to create the additional lot, the Town could require the submission and approv al of a lot drainage plan. Similarly, the Region of Durham Health Unit has indicated no objection to the subject application and any concerns regarding the possible contamination of well water can be addressed by the Health Unit at the consent stage. In consideration of the above, Staff would have no objection to the recognition of a rural cluster on the east side of Park Street south of the Bond Head Cemetary. However, Staff feel that a site specific amendment would be inappropriate and suggest that the Region be requested to reconsider the "Permanent Agricultural Reserve" designation for this area in favour of a "General Agricultural" designation. Staff suggest that the area to the south of the C.N.R. tracks as defined on Schedule A5 * of the Regional Official Plan (see Attachment No. 4) would be appropriate for redesi gnati on, noting that thi s area i s bounded on the south and west by the "Major Open Space" designation and, in the area to the west of the unopened Arthur Street road allowance, the land ownership pattern is fragmented. There are large agricultural parcels to tt~e east, but a redesignation to "General Agricultural" would not have an effect on the viability of these agricultural operations. It is therefore respectfully recommended that the Region of Durham be advised that the Town of Newcastle recommends that site specific Official Plan Amendment application 86-89/D submitted by Mr. & Mrs. S. St aby be denied. It is further recommended that the Region be requested to amend ...6 ~d C~) i REPURT NO.: PD-115-87 Page 6 the "Permanent Agricultural Reserve" designation for the area indicated * by Attachment No. 4 to this Report to "General Agricultural". If this amendment is approved, the Town is then in a position to approve the requested rezoning to permit the proposed severance. Respectfully submitted, ~_. __-> = f r ~;,~ ~~ _ ~~ ~~ . dwar s, M. .I.P. Director of Planning JAS*TTE*jip *Attach. April 7, 1987 CC: Mr. & Nlrs. S. Staby P.O. Box 467 NEWCASTLE, Ontario LOA 1H0 Mrs. Patricia MacDonnell Box 92 NEWCASTLE, Ontario LOA 1H0 Mr. E. Duncan R.R. #3, Boulton St. NEWCASTLE, Ontario LOA 1H0 Mrs. F. MacGregor P.O. Box 9 NEWCASTLE, Untario LOA 1HU Mr. A. McFadden R.R. #3 NEWCASTLE, Ontario LOA 1H0 Mr. J. Arthur Wynn R.R. #3 NEWCASTLE, Ontario LOA 1H0 Nirs. Diana G. Grandfi el d R.R. #3 NEWCASTLE, Untario LOA 1H0 Nirs. Ruth Davidson R.R. #3 NEWCASTLE, Untario LOA 1HU Recommended for presentation to the Committee Lawrence Kotsett Chief A ~~i~trative Officer AREA OF PROPOSED REZONING LOT 26 LOT 27 LOT 28 _ ,~,o ~.,~ .~ R1-1 ~ ~`~ ` ~ ~ v .~ ~ ~ Z o A 1 l A_~ ~-~ ~~~ II _ ~~ - EP = _ METCALF STREET ~~~~ W w W ~ ~~ I ~ U ~, ~ ~ W I '' I ~/ Z ~ ~ Z UEEN ST. (~ ~ ~ EP W Z '~ O ~ ~ ,~---~- ~ °' z ~----- _ a' ` RC•t I W • Rc-, P ~[ i !HIEP•' ~~~ ~ o EP ~ ~ LAKE ONTARIO o so goo goo aoo~ - ~' }_® ~~ ~F - (~71t~,; General Purpose and Administration Committee pgTE; Monday, December 15, 198b (TORT #: PD-299-86 FILE #: DEV 86-61 SUB.ECT: REZONING APPLICATION - STABY PART LOT 27, BROKEN FRONT CONCESSION, FORMER TWP. OF CLARKE OUR FILE: DEV 86-61 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-299-86 be received; and 2. THAT the application for rezoning of Part of Lot 27, Broken Front Concession , former Township of Clarke (Bond Head), submitted by Mr. & Mrs. Staby to permit the extension of a Node/Cluster be tabled to permit the applicant to apply for an i Official Plan Amendment. BACKGROUND: Un October 10, 1986, the Planning Department received an application for rezoning submitted by Nir. & Mrs. Staby. The application was filed i n order to change the zoning to permit the development of one (1) additional residential lot. 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. ...2 ., ,._ ,. In ;accordance with departmeirtal procedures, the .application was circulated to obtain :comments from other departments and agencies as noted within Staff Report PD-266-86. Staff would note the following departments/agencies, in providing comments, offered. no objections to the application as filed: - Newcastle Community Services Department - Newcastle Fire Department - Newcastle Building Department - Ganaraska Region Co nservation Autho rity - Ministry of Agriculture and Food -~ Bell Canada The concerns regarding this application are raised by the Regional Planning Department. Staff requested comments on this application and have rece ived a verbal response. This indicated that the proposal does not conform to the Regional Official Plan. -The subject lands are designated as "Permanent Agriculture Reserve". Section. 11.2.2 states that: "the use of land within a designated "Permanent Agricultural Reserve" area for any purpose other than agriculture and farm-related uses shall not be permitted". Section 16.6.5 of the Regional Official Plan does allow for the expansion to existing uses provided that such uses: "a) .have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan; b) have regard for the Agriculture Code of Practice as amended from time to time, if applicable; c) are accessible by a public road which is maintained by the appropriate authority as open to traffic on a year-round basis and is of a standard construction adequate to provide for the additional traffic generated by the proposed use; and d) are subject to any conditions that may be contained in a District Plan. Each case will be considered on its own merits by the Council of the respective area municipality and may be subject to site plan controls." ...3 REPURT NO.: PD-299-86 C~ Page 3 ~ There is a section which deals directly with the Bond Head area, and this section clearly sets out the limits of the Residential Cluster. The subject site does not fall within the designated Cluster. Section 16.6.5 does not permit this type of expansion because Section 10.2.1.6 specifically details the type of development which is permitted. Section 10.2.1.6 of the Regional Official Plan does not permit any expansion to the existing Cluster without an amendment to the Of ficial Plan. This Section and Section 10.2.1.8 detail the terms under which development is permitted in this area. It is clear that the terms-set out cannot be met in this case. The site would be required to have municipal water and such service is available only on Mill and Boulton Streets. The Regional Works Department has confirmed that services are not currently available nor will they be made available. After consideration of the above information, although we have no concern with the principle of the proposal, we are unable to support the application due to the lack of conformity with the Regional Official Plan. The site is presently in the "Permanent Agriculture Reserve" and was not considered as a part of the Cluster at the time Amendment No. 72 was put into place. Since the site does not conform to the Official Plan, but could for a logical extension to same, Staff respectfully. recommends that Council table the application to permit the applicant to apply for an Official Plan Amendment. Respectfully submitted, dwar s, Director of Planning Recommended for presentation to the Committee Lawrence Kotse Chief Administrative Officer TFC*TTE*jip *Attach. December 2, 1986 CC: Mr. & Mrs. S. Staby P.U. Box 467 NEWCASTLE, Ontario LUA 1H0 THE FOLLOWING IS A TRUE COPY OF A HANDWRITTEN ORIGINAL. Re file # 86-8 9JD LISNALOCH, BOX 92 NE4JCASTLE , ONTARI O LOA 1HO TACHMENT N0. TO ~1~ ;. PD -115-8 7 !~ c~ -~.. F ~~ 1p Fe 2s 198 Cq ~ ~®F ~~,~ ~ ~ DEPART ~~`f Nr Feb. 11 , 1987 Dear Mr. Henderson, We, the undersi gned, wish to object to the application for the above severance. 1. This property has been designated Permanent Agricultural and adjoins the same to the north, east and West (across Park St.). To the south it is next to major open space-and hazard land (flood plain) owned by Patricia Macdonnell. This five :,cre property faces on Boulton St., and, as such, and because of its long standing residential use, is included in the residential cluster. ~~"~ On the application it is stated that there is one single-family dwelling on the property in question. However, in actuality, there is a rental apartment in the basement, and has been for some years. 3. As a result of Mr. and Mrs. S. Staby's farming operation, farm debris, plus overflow from their present well (which spills out continually) is carried to the ~ ditches, and thus to the Lake. In high water it is also carried into the basements of the residents to the south: An additional septic Tank, and Tile bed would further strain an already over-loaded drainage system. P1rs. Staby stated at a meeting of The Planning Committee of the Town Council, held on December 15, at 9.30 a.m. that she and her husband plan to continue this farming operation after severance. _ 4. The residents to the north and south have had problems of impure water (fecal matter) in their wells. Another well in the same area would, in all probability, have the same difficulties. ~~ If this submission is not clear, please telephone Mrs. Grandfield (.987-4388), dnd notify her of any meetings hald regarding this matter. Her address is R.R. #3 Newcastle, Ont. LOA 1H0 ~~% %I Yours very Truly, Patricia Macdonnell (Mrs. G. M.) Box 92, P~ewcastle, Ont. LOA 1H0 E. Duncan - R.R. 3 Boulton St. Newcastle F. MacGregor P.O. Box 9, Newcastle A McFadden R.R. 3 Newcastle Arthur Wynn RR 3 Newastle per D G. Grandfiel:d~: Diana G Grandfiel:d ~RR 3 Newcastle t~ \.. y~ AREA SUGGESTED FOR REDESIGNATtON NEWCASTLE VILLAGE ~'q~F TOWN OF NEWCASTLE BOND HEAD O~jT'gR/p . 'fI' .J~ .=1 ~~ ~1' ~. ~s. .. _.. ~ .. 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