HomeMy WebLinkAboutPD-197-87
TOWN OF NEWCASTLE
~~ ~~
REPORT File # >> - ~~ ~~ ~~
Res. # ~ ~ °7
~ ~~
By-Law #
NESTING: General Purpose and Administration Committee
DATE; Monday, July 20, 1987
REPORT #: PD-197_87 FILE #: DEV 87-40
SUB.ECT: REZONING APPLICATION - S. SELBY
PART OF LOT 35, CONCESSION 4, CLARKS
OUR FILE: DEV 87-40
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-197-87 be received; and
2. THAT the application for rezoning of Part of Lot 35, Concession 4, former Township
of Clarke submitted by Mr. S. Selby to permit the retention of the farm-related
buildings on the subject lands pursuant to Land Division application LD 111/87 be
G~- a ~~ ~,~~ c~
d~~i-~--without-predjudice -as-the proposal does not conform to the___intent of the
Dur--ham-Region a-l--0f~i-cial -Plan and the Town's Zoning-By-law.
3. THAT in lieu of acceptance of a 1' reserve around the retained lands the Town
accept melding of the retained lands with adjacent property to the east and south
and that this shall satisfy the Town with respect to the relevant condition of the
Land Division Committee.
BACKGOUND:
On May 6, 1987 the Plannng Department received an application submitted by Mr. S. Selby to
rezone a 2 hectare parcel of land located in part of Lot 35, Concession 4, of the former
Township of Clarke to permit the retention of farm-related buildings pursuant to the
severance of a "surplus dwelling" as submitted through Land Division application LD
111/87. It is noted for the Committee's information that prior to the applicant's
submission of the rezoning application, an application was submitted to the Regional Land
Division Committee requesting approval to sever a 2.31 hectare parcel of land supporting a
...2
tJ ~~~
REPORT NO.: PD-197-87
Page ?_
"surplus dwelling" thereby leaving a 51 hectare (126 acres) farm-related
parcel of land. It is noted that the proposed lot in addition to supporting
a single family dwelling also included a 2,805 square foot barn, a I,587
square foot drive shed and silo. In consideration of the application, as
filed, the following comments were submitted for the Committee's
consideration and review.
"Application No: LD lIl/87
Applicant: SELBY
Location: Pt.Lts. 34/35, Conc. 4, former Twp. of Clarke
Proposed Use: Farm related - Surplus Dwelling
CONFORMITY WITH ZONING BY-LAWS:
T e su 3ect antes are zones-"Agricultural Exception (A-1)" within
the Comprehensive Zoning By-law 84-63, as amended, of the Town of
Newcastle.
Section 6.2(a) within By-law 84-63 states that residential
buildings and structures on lots which are created by severance in
accordance with the Durham Regional Official Plan shall comply
with the Zoning requirements set out in Section 9.2 (Residential
Hamlet). The severed lands would appear to comply with the
applicable by-law provisions.
Staff would request that, as conditions of approval:
i) the applicant provide proof that the retained lands are
melded with the property to the east; and
ii) that the farm-related buildings (barn & silo) found on the
severed lands be demolished in accordance with the intent of
the zoning by-law."
The rninutes of the Land Division Committee meeting indicated Mr. Selby had
no objection to the placement of a 1' reserve around the retained lands
which would be farmed in conjunction with the Selby farms. Furthermore it
was noted that Mr. Selby wished to contact the Town of Newcastle with
respect to the barns which he felt should not be demolished and could be
used not for agricultual purposes but may be used for storage purposes. In
consideration of the comments received, the Committee approved the
application, subject to the applicant's completion of various conditions.
...3
~~ C;>>
REPORT NO.: PD-197-87 Page 3
Staff would note that Conditions No. 3 and 4 required the clearance of the
Town of Newcastle. Condition No. 3 required that the owner deed to the Town
of Newcastle a 1' reserve free and clear of all encumbrances along the
frontage of Concession Road No. 4, this reserve shall not prohibit access to
the land for agricultural purposes. Condition No. 4 states that the
applicant shall satisfy the Town of Newcastle with respect to agricultural
buildings on the subject land. Accordingly, it has been brought to Staff's
attention by the applicant that it is his intention to meld the "retained
lands" with the farming operation to the east, being the "Selby Farm". In
consideration of Condition No. 3 with respect to the dedication and
acceptance of a 1' reserve, Staff would note that should Committee deem it
appropriate not to accept the 1' reserve, in so far as the applicant has
indicated that lands will "meld", an appropriately worded resolution to that
effect would be required in order that Staff may inform the Land Division
Committee that the Condition was deemed unnecessary.
Staff would note for the Committee's information that Regional Staff, in
reviewing the application and minutes of the Committee meeting prepared a
report for Regional Planning Committee's consideration that the Land
Division application be appealed on the following basis:
1. The application to sever the 2.3 hectare parcel containing a
house, barns, shed and silo from the 53.3 hectare parcel did not
involve a farm consolidation inasmuch as the applicant wished to
retain the farm in his name and did not want to meld it with the
family lands.
2. The subject property was designated "Permanent Agricultural
Reserve" in the Regional Offical Plan. Section 11.2.6(b) allows
the severance of an existing farm house from a farm which farm is
to be acquired for farming consolidation purposes provided that
such is not needed for a farm employee's dwelling or as a farmer's
retirement dwelling.
3. The severance of the existing farmhouse was not the result of a
farm consolidation as the farm parcel to be retained was not to
meld with other farm holdings.
4. The Ministry of Agriculture and Food indicated that the proposed
severance would not comply with the Provincial Foodland Guidelines
by creating an incompatible use in a predominately agricultural
area.
...4
~J L~~
REPORT NO.: PD-197-87
Page 4
Regional Staff acknowledged that the Town of Newcastle had no objections to
the severance application provided that the retained land was to meld with
the poperty to the east and the farm buildings on the severed site were to
be demolished. It is noted that the Regional Planning Committee, at the
meeting of March 31, 1987, did not endorse Staff's recommendation and
accordingly the Land Division application LD 111/87 was not appealed.
In consideration of Town Staff's comment, with respect to the land Division
application, the applicant submitted an application for the consideration of
the Committee of Adjustment requesting permission to retain on site the
agricultural buildings. The following comments were submitted for the
Committee's consideration, at their meeting of April 9, 1987.
" Application No.: A 20/87
Applicant: SELBY
Location: Part Lot 35, Concession 4, former Twp. of Clarke
CONFORMITY WITH INTENT OF OFFICIAL PLAN PROVISIONS:
T e su sect an s are esignate as Permanent gr~cultural
Reserve". The lot was approved as a surplus dwelling by the Land
Division Committee. As conditions of this approval, Staff
requested that:
"i) the applicant provide proof that the retained lands are
melded with the property to the east; and
ii) that the farm-related buildings (barn & silo) found on the
severed lands be demolished in accordance with the intent
of the Zoning By-law."
The applicant is not intending to meld the property, therefore,
Staff will request that a One Foot Reserve be placed around the
retained lands except for 10 metres which is to be used as a farm
access (See LD 111/87).
CONFORMITY WITH INTENT OF ZONINr BY-LAW PROVISIONS:
The subject lands are zoned as "Agricultural Exception (A-1)"
within the Town of Newcastle Comprehensive Zoning By-law 84-63, as
amended. The subject lands were created in accordance with the
Official Plan, therefore, the lot must comply with the provisions
of Section 9.?_ of the Zoning By-law. The lot appears to comply
with the appropriate provisions of the Zoning By-law.
...5
~J L>>
REPORT NO.: PD-197-87
Page 5
The applicant is requesting that he be permitted to retain the
existing barn and drive shed as accessory buildings to the
residential use and to permit the buildings to continue at their
current size which exceeds the limitation of 40% of the size of
the dwelling. The Committee must be satisfied that the buildings
fit into the definition:
"ACCESSORY BUILDING OR STRUCTURE
Shall mean a detached building or structure constructed after or
during the construction of the main building(s) or structure(s)
the use of which is customarily incidental and subordinate to a
principal use, building or structure and located on the same lot
therewith...."
The definition of an Accessory Use is as follows:
"ACCESSORY USE
Sha11 mean a use established during or after the establishment of
the main use which is customarily incidental and subordinate to,
and exclusively devoted to, the main use of the lot, and located
on the same lot as such main use."
Also, the General Provisions (Section 3.1(a)) restricts the
accessory uses so as to not include:
i) any occupation for gain or profit conducted within
or accessory to a dwelling unit or on such lot
associated therewith, except as is specifically
permitted in accordance with this By-law; or
ii) any building used for human habitation except as is
specifically permitted in accordance with this
By-1 aw.
The intent of the By-law is to permit an accessory building which
is clearly accessory to the residential use. Staff would note
that the Committee must he satisfied in respect of this point.
For the Committee's information the 'barn' is 286% the size of the
house and the structure is two storeys in height. There will be a
need for an additional variance for the height. The height of an
acccessory building is limited to 5 metres. The application
should be amended accordingly. The 'drive shed' is 137% the size
of the house and Staff is not certain if it complies to the height
restriction.
...6
~~>
REPORT NO.: PD-197-87 Page 6
Staff have examined the proposal and ar•e not assured that the
existing bui 1 di ngs comply to the i ntent of an acces sor•y buil ding.
The use of the site is to be residential and not agr•icultur•al and
the size of the building appears to be excessive for• such uses.
Accordingly, Staff cannot support the application."
The decision of the Committee of Adjustment with respect to the application
was that as the retention of the agr•icultur•al buildings on a newly created
residential lot would not appear to conform with the intent of the Official
Plan or• Zoning By-law and retaining accessory buildings of this size would
not appear to be mi nor•, thi s appl ication was only par•ti ally granted.
Permission was granted to retain the 24' x 80' drive shed on a condition
that the 40' x 100' round-roofed barn, foundation of same and the silos be
removed. Staff would note that the decision of the Committee was not
appealed.
In consideration in the above applications, the applicant submitted a
rezoning application, received by Staff on May 6, 1987, to rezone a parcel
of land appr•oximatley 2 hectares in size to permit the continuation of the
barn, silos and sheds on said lot.
Staff would note for• the Committees's information that pursuant to Council's
resolution of July 26, 1982, and the requirements of the Planning Act, the
appr•opr•iate 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 r•epor•t with respect to the amendment request
and signage as pr•ovi ded.
In consideration with Departmental pr•ocedur•es, the application was
circulated to obtain comments from other departments and agencies as noticed
within Staff Report PD-170-87. Staff would note the following
departments/agencies, in providing comments, offered no objections to the
application as filed:
1. Town of Newcastle Public Works Department
2. Region of Durham Health Unit
3. Ministry of Natural Resources
...7
\~ L~~
REPORT NO.: PD-197-87 Page 7
4 . Ganar•aska Region Conser•vati on Author•i ty
5. Town of Newcastle Fire Department
6. Town of Newcastle Building Department
7. Region of Uur•ham Planning Department - "in response to your
request for• comments Regional Council at its April 8, 1987
meeting adopted the recommendation of the Durham Planning
Committee concur•r•i ng with the Febr•uar•y 23, 1987 decision of
the Land Division Committee on related severance application
file LD 111/87. The Region's recommendations, financial or•
otherwise, will be satisfied through the consent process."
8. Mi ni str•y of Agri cul tur•e and Food - "Staf f of the Mi ni str•y of
Agr•icultur•e and Food have reviewed the above development
proposal. Consideration has been given to the proposal in
terms of the goals and objectives of the Mi ni str•y and of the
cr•iter•ia and policies outlined in the Foodland Guidelines.
Based on our• present knowledge, the Ministry has no objections
to the proposal."
As has been noted above, within the comments of the Region of Durham
Planning Department r•epor•t to the Regional Planning Committee and Council,
the subject pr•oper•ty is designated "Permanent Agr•icultur•al Reserve" in the
Durham Official Plan. Section 11.2.6(b) allows the severance of an existing
farmhouse from a farm which farm is to be acquired for• farm consolidation
purposes, pr•ovi ded that such is not needed for• a far•rn employee's dwel ling or•
as a far•mer•'s r•etir•ement dwelling. Staff would note that the provision
within the Regional Plan r•efer•ences only the existing farmhouse and not the
question of farm or• agr•icultual buildings. Staff would note that within
By-law 84-63, Section 6.2(a) stated that residential buildings and
str•uctur•es on lots which ar•e created by severance in accordance with the
Durham Official Plan shall comply with the zoning r•equir•ements set out in
Section 9.2, being the residential hamlet provisions. An accessory building
or• str•uctur•e to the pr•i nciple use, bei ng a si ngle family dwelling, means a
detached bui 1 di ng or• str•uctur•e constructed at or• dur•i ng the constr•ucti on of
the main building the use of which is customarily incidental and subordinate
to the pr•i nci pl a use bui 1 di ng or• str•uctur•e and 1 ocated on the same 1 ot.
Staff would note that the pr•ovi sio ns of the Zoning By-1 aw i n co nsi der•at io n
of the Regional Official Plan policies would not permit the use of the
accessory buildings for• agr•icultur•al purposes. It is Staff's opinion that
...8
REPORT NO.: PD-197-87 Page 8
the retention of the 1 ar•ger• agr•icul tur•al buildings would not be in
compliance with the provisions of the Durham Regional Official Plan nor• the
Town of Newcastle Zoning By-law.
At the General Purpose and Administration Committee meeting of July 6, 1987,
the following resolution was approved by Committee - "That in the Planning
Report to be submitted to the General Purpose and Administration Committee
meeting on July 20, 1987, r•egar•di ng the Sel by application for• r•ezoni ng DEV
87-40, Staff include as an appendix a suitably worded special exception
by-law to approve the barn remaining for• a period of three (3) years. The
uses ar•e to include not more than three (3) horses and/or• the storage of
non-hazardous dr•y goods. The By-law is to exclude any commercial uses and
the outside storage of any vehicles or• objects, except those permitted by
the usual regulations." It is noted that at the time of pr•epar•ation of
Staff's Report the above resolution had not been fowar•ded to Council for•
approval. Accordingly Staff attaches a special exception By-law which would
per•mi t the use of the existing agr•i cul tur•al barn, the uses to include not
more than three (3) horses and/or• the storage of non-hazardous dr•y goods.
Inasmuch as Zoning By-law 84-63 lists the permitted uses within any certain
zone, any r•efer•ence to uses not permitted, i .e. commer•ci al uses and/o r•
outdoor storage of vehicles, is not r•equir•ed. Staff would note that any
application to use the pr•oper•ty for• commercial purposes would r•equir•e the
applicant to submit the appr•opr•iate applications, be it an Official Plan
amendment and rezoning application.
Staff would note, that inasmuch as the Committee of Adjustment decision, in
respect to the dr•i ve shed was conditional on the dernoli tion of the silo and
barn, the attached By-1 aw r•efer•ences the r•etenti on of the dr•i ve shed as
acces sor•y to the r•esi denti al dwel 1 i ng uni t.
LDT*TTE*bb cc Mr•. S. Selby
*Attach. R.R. #2
July 9, 1987 Newcastle, Ontario
Recommended for• presentation
to the Canrni ttee
LI~Wr•ence otsett
Chief Ad n'str•ative Officer
LOA 1H0
1.~~ ~~>
LOT 35 LOT 34 LOT 33 ~ Lj~
d- d-
z z
o O
w
U w
U
z
O z
O
U U
'~ ~ f T ~'~
SUBJECT SITE
® RETA INED LANDS
CONCESSION ROAD 5
T
RgN` 1
cA
~qO
q
N
o
o ~
~
J
t .~
i
z
0
w
D
Q
0
l SELBY ~
FAROS Q
J
J
O
Q
NO ~~,RN
-~-~ S
PrPELINE
___-
CONCESSION ROAD 4
,~ C.~>
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to amend By-law 84-63, as amended, of the
Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it adviseable to amend By-law 84-63, as amended, to authorize the
temporary use of land, buildings or structures pursuant to Section 38
of the Planning Act, 1983.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Section 6.4 "Special Exceptions - Agricultural (A) Zone" of
By-law 84-63 is hereby amended by adding the following new Subsection
6.4.28.
"6.4.28 AGRICULTURAL EXCEPTION (A-28) ZONE
Notwithstanding Sections 6.1 and 6.3, the lands zoned A-28 on
the Schedules to this By-law may in addition to the other uses
permitted in the "Agricultural (A)" Zone, permit the use of the
existing barn for the keeping of not more that three (3) horses
and the storage of non-hazardous dry goods. Additionally, the
use of the existing drive shed shall be an accessory building
or structure as defined within By-law 84-63. Pursuant to the
requirement of Section 38 of the Planning Act, 1983, the use of
the existing barn and existing drive shed as described above,
may be permitted for a period of three (3) years ending July
27, 1990.
2. Schedule '2' of By-law 84-63 is hereby further amended by
changing the zone designation from "Agricultural Exception (A-1)" to
"Agricultural Exception (A-28)" as shown on the attached Schedule "X"
hereto.
3. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987.
MAYOR
CLERK