The URL can be used to link to this page

Home My WebLink AboutPD-271-87,.,,}' .r,Ya 11 tifj ,~, TOWN OF NEWCASTLE DN: 271-87 C~) REPORT File #f~. ~.s'-,~~r Res . # -/-~~ 4°r~f~Y ~~~ By-Law # ~~I~'^ General Purpose and Administration Committee ~~~ Monday, October 19, 1987 REPORT #: PT1_~71 _S~7 FILE #: ~-~-7~~- SUB~CT: REZONING APPLICATION - VEIKKO VARTIJA PART LOT 5, CONCESSION 8, FORMER TWP. OF DARLINGTON OUR FILE: DEV 87-67 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-271-87 be received; and 2. THAT the application for rezoning be denied without prejudice as the proposal does not conform to the provisions of the Regional Official Plan or the Town of Newcastle Node and Cluster Policy. BACKGROUND: On August 6, 1987, the Town of Newcastle Planning Department received an application for rezoning submitted by David Thomas on behalf of Veikko Vartija to rezone a parcel of land in Part of Lot 5, Concession 8, in the former Township of Clarke, to permit the development of two (2) additional residential lots. The subject parcel is designated as "Major Open Space" in the Durham Regional Official Plan. The Durham Plan states that the predominant use of lands under this designation shall be for agricultural and farm-related uses. The Plan also states that the development of new non-farm residential uses shall be discouraged within ...2 C~~ REPORT NO.: PD-271-87 PAGE 2 the "Major Open Space" designation unless such development proceeds in the form of infilling between existing residential dwellings and provided that such development is recognized as a Residential Node or Cluster in the local municipality's Zoning By-law. The subject lands are currently zoned as "Agricultural" in the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The provisions would permit non-farm residential uses on existing lots which predate the Zoning By-law. However, newly created lots by severance and structures thereon must be done so in accordance with the Regional Official Plan provisions. 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 was installed on the subject lands. In accordance with departmental procedures, the application was circulated to obtain comments from other departments/agencies. Staff would note the following departments/agencies in providing comments, offered no objections to the application as filed. - Town of Newcastle Public Works Department - Town of Newcastle Community Services Department - Town of Newcastle Fire Department - Newcastle Hydro Electric Commission - Durham Regional Health Unit - Ministry of Agriculture and Food - Ontario Hydro The Ministry of Natural Resources, in reviewing the application, advised that the applicant should be made aware that an active gravel pit exists across the road from the subject property and the proposed use would most likely be affected by noise and truck traffic from the pit operation. As well, Regional Road No. 20 is a major haul route for aggregate material. ,Staff would note that Conservation Authority Staff have verbally expressed concerns regarding the topography of the subject site. The easterly parcel of land, being .607 ha (1.5 acres) slopes steeply toward the south end of the parcel as well as towards a valley that separates the proposed lots. Furthermore, given the soil composition of said lands, being sandy in nature, Conservation Staff is concerned that it would appear to be unsuitable for residential uses. ...3 ~~~~ REPORT NO.: PD-271-87 PAGE 3 The Durham Regional Planning Staff have, as well, verbally commented that the proposal does not appear to conform to Section 12.2.E of the Durham Regional Official Plan under the "Major Open Space" designation. This designation permits retirement lots for bona-fide farmers, lots for dwellings made surplus by farm consolidation and lots for one member of a farmer's immediate family who significantly assists in the operation of the farm. The subject application does not appear to satisfy any of these criteria. Furthermore Section 10.2.1.3 of the Regional Plan states that clusters shall contain the following characteristics: (i) the cluster is recognized as a definable separate 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; (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." Regional Staff, in reviewing the above criteria, have indicated that the proposal would not appear to comply with the provisions of the Official Plan, and accordingly, could not support the application. The Town also has its policy on how to identify a Node or Cluster which was presented to Council, outlined the criteria which Staff examine: "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~~ REPORT NO.: PD-271-87 PAGE ~ 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 Agricultural Reserve" by the Regional Official Plan. In other designations Nodes or Clusters shall not be permitted in areas located adjacent to active, agricultural operations. Where a Node or Cluster is designated it must comply with the Agricultural Code of Practice and athe applicable provisions of the Town's Zoning By-law." Staff is of the opinion that this application does not fall within the criteria set by either of the two policies. Accordingly, Staff are not in a position to support the application as filed. Respectfully submitted, .T. Edw rds, M.C.I.P. Director of Planning CRV'~TTE~ jip Attach. October g, 1987 CC: Veikko Vartija Box 606 King Street East OSHAWA, Ontario L1H 7N4 Mr. David Thomas Barrister & Solicitor Suite 403 22 King Street West OSHAWA, Ontario L1H 1A3 Recommended for presentation to the Committee __ ,.~ i j , ~awrenee~ Kotseff Chief ~ istrative Officer r ,~ SUBJECT SITE 1O 9 8 7 6 5 4.3 2 1 - - 1---~---'---- --~ ---'--- ---~---// I I ~ I i I I 1 \ I ' ~ I I / t I t I ~ ' °Q ~ I o ~ 1 I ~ I ~ ~. I ~ Z 1 ( I I ~ ~ t ao ~ ~ t I 1 Ai ~ , J , ~ ~ ~~~ 1 1 = ~ W 1 1 t t ' ~ a ' } ~ z W 1 1 ~ ~ ~ n=. a z V I 1 1-.. 1 ' Z i ~ M 1 ~ JZ 1 1 1 ~ 1 p ~~ ( I~ ~ Q ~ ~ 1 1 ~ 1 w ~ Z , I 1 ' o , Ai ~ 1 ~ - 1 ! 1 I M3 ~ J i ~ ~ 3 i 1 ~ ~ ! .e. ' I ~ H ~ 1- 1 REGIQNAL. ROAD 20 ~ ~ ~ ; ; M3 ' i ~ ~ i t 1 i ~ I !~ 1 1 mod` 1 ( ( 1 1 1 1 ~ ~ ~ I 1 I ' .~ 1 1 A 1 EP ~ i 1 ~ EP 1 I t ~ 1 1 ~ I 1 , ... t I I I 1 CCjNC. R~OAO 8 i "~ ~ ~- z s i a I i ~ I 3 i I Y 1~ i o f i ~~ ~c per' EP W ~ /~ ~ t ' J I ~q~~ ~ , Al W H I ~~ ~ 1 ~ ~ 1 ra ~~, ~~ Z W v Z O U V Z 0 o ~o soo ~ooort, KEY MAP ~Cq,1 Dev. 87-67