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TOWN OF NEWCASTLE
REPORT File # (~~;--/5~
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By-Law #
jib,; General Purpose and Administration Committee
DATE; Monday, February 2, 1987
T #~; PD-37-87 FILE #: 86-66/D
CT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN
WARREN MCMILLAN
PART LOT 15, CONCESSION 3, FORMER TWP. OF DARLINGTON
FILE: 86-66/D
RECOt~1ENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. 1~HAT Report PD-37-87 be received; and
2. THAT the Region of Durham be advised that the Town of Newcastle recommends that
Official Plan Amendment Application 86-66/D submitted by Mr. Warren McMillan be
denied; and
3. THAT a copy of Council's decision be forwarded to the Region and the applicant.
BACKGROUND:
On September 29, 1986, the Town was advised by the Region of Durham of an application
submitted by Nir. Warren McMillan to arnend the Durham Regional Offici al Plan. The purpose
of the application is to permit the severance of a 0.42 hectare residential lot from a
2.47 ha lot in Part of Lot 15, Concession 3, former Township of Darlington (see key map
* attached). The proposed lot would front onto Old Scugog Road. The subject lands are
designated "Permanent Agricultural Reserve" by the Durham Regional Official Plan and zoned
"Agricultural (A-1)" by By-law 84-63.
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REPORT NO .: PD-37-87 Page 2
In accordance with Departmental procedure, Planning Staff circulated the
subject application to other Town departments for comment. As well, the
Region of Durham provided copies of comments obtained through their
circulation of the application. The following is a summary of the comments
received.
Town of Newcastle Public Works Department
"No objections in principle. A contribution towards the upgrading and
illumination of the road will be required in accordance with Town Policy."
Town of Newcastle Fire Department
"No objection. Emergency fire response is from Station #1, which is within
the recognized five (5) mile limit and water supply for firefighting is by
Fire Department tanker truck."
Ministry of Agriculture and Food
"Consideration has been given to this proposal in terms of the goals and
objecti ves of the i~li ni stry and of the criteri a and policies outlined in the
Food Land Guidelines.
The subject site is presently used as pasture. There is a large poultry
operation to the east that requires a minimum separation distance of 427
feet. The proposed location of the lot complies with this separation
distance.
In view of the fact only one lot is proposed and that this amendment abuts
residential development to the south, we do not object to this proposal."
The following agencies indicated no objection to the subject application:
- Town of Newcastle Community Services Department
- Central Lake Ontario Conservation Authority
- Northumberland & Newcastle Board of Education
- Peterborough-Victoria-Northumberland and Newcastle
Roman .Catholic Separate School Board
- Region of Durham Health Unit
- Ministry of Natural Resources
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REPURT NU .: PD-37-87 Page 3
No submissions from the public were received by the Region in response to a
Public Notice advertised in local newspapers.
COMMENT:
As rioted earlier in this Report, the applicant's lands are designated
"Permanent Agriculture Reserve" by the Durham Regional Official Plan. The
applicant seeks the designation of the lands as a "Rural Cluster" to permit
the severance of one residential lot. Given that rural clusters are not
permitted within the Permanent Agricultural Reserve, the application also
seeks to redesignate the lands to "General Agricultural".
A non-farm residential dwelling is currently located on the northern portion
of the applicant's property. The proposed new lot is bounded on the south
by a non-farm residential use. Staff note as well that the five (5)
proposed lots which are the subject of an Official Plan Amendment
Application 86-61/D (see Report PD-36-87) lie immediately to the south of
this latter referenced lot.
As was discussed in Report PD-36-87, the Durham Regional Official Plan, as
amended by Amendment No. 155, permits limited infilling within distinct
nodes and clusters of non-farm residential dwellings. The Town's Criteria
further specify that lots within a cluster should exhibit similar lot
characteristics and that such cluster should contain a minimum of three (3)
existing residential 1 ots . The Cri teri a also state that new residential
lots shall not be created in the vicinity of active agricultural
operations and shall be bounded on at least three (3) sides by natural or
physical boundaries.
The proposed new lot does not lie within an existing cluster of non-farm
residential 1 ots which exhi bi t Simi 1 ar 1 of characteri sti cs. Staf f are further
concerned that, should the subject application be approved, it would create
further pressure for infilling between the new lot and the existing home on the
property. The subject proposal to create the new lot, both taken on its own
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REPORT NO.: PD-37-$7
Page 4
and in conjunction with Official Plan Amendment Application 86-61/D, would
contribute to strip development along Old Scugog Road.
The Ministry of Agriculture and Food has indicated that the proposed new lot
lies just beyond the 427 feet (130m) setback frorn an existing poultry barn
to the north as required by the Agriculture Code of Practice. However,
By-law 84-63 (Section 3.19.c) states that new non-farm residential lots
shall not be created within 300m of a building housing livestock. The
proposed lot lies well within this setback requirement.
It is therefore recommended that the Region of Durham be advised that the
Town of Newcastle recommends that Official Plan Amendment Application
86-66/D submitted by Warren McMillan be denied.
JAS*TTE*jip
*Attach.
January 21, 1987
CC: Mr. Warren McMillan
R.R. #1
BUWMANVILLE, Ontario
L 1C 3K2
CC: Mr. Ron Strike
Strike & Stri ke
Barristers & Solicitors
P.U. Box 7, 38 Icing Street W.
BOWMANVILLE, Ontario
L1C 3K8
Recommended for presentation
to the Committee
Lawrence ~KOtseff
Chief Ad ~~ strati ve Uf ficer
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