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Home My WebLink AboutPD-226-87,~ c~~ TOWN OF NEWCASTLE REPORT File # ~C~> ,;~~,~~ Res. # ~ ~ ~ ~ _c~1 By-Law # I`~-TIi~': General Purpose and Admi ni str•ation Committee ~~° Tuesday, September $, 1987 T #: P[L-22Fi-R7 FILE #: nFV R7-51- CT: REZONING APPLICATION - CARUSA/SPENA PART LOT 25, CONCESSION 2, TWP. OF DARLINGTON OUR FILE: DEV 87-51 RECOPih1ENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-226-87 be received; and 2. THAT the application for• rezoning be denied as the proposal does not conform to the provisions of the Regional Official Plan and Section 3.19 of the Town of Newcastle Zoning By-law 84-63, as amended. BACKGROUND: On June 11, 1987 the Planning Department received an application for• rezoning submitted by Francesco and Angelina Caruso and Frank and Antionette Spena, to rezone a parcel of land in Part of Lot 25, Concession 2, in the for•mer• Township of Darlington, to permit the development of one (1) additional residential lot. The subject parcel is designated as "Major Open Space" in the Durham Regional Official Plan. The Regional Official Plan states that the predominant use of lands under this designation shall be for• agr•icultur•al and farm-related uses. The Plan also states that ...2 (1~i REPORT NO.: PD-226-87 Page 2 the development of new non-farm residential uses shall be discouraged within the "r~ajor 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 "Agricultural" in the Town of (dewcastle Comprehensive Zoning By-law 84-63, as amended. This zone does perr~~it non-farm residential uses which predate the present 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 2G, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In accordance ~vith departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed. -Town of Newcastle Building Department - Town of Newcastle Fire Department - Durham Regional Health Services - Wlinistry of Agriculture and Food - Ministry of Natural Resources - Central Lake Ontario Conservation Authority The Town of Ne~vcastle Public Works Department requested, provided the application is approved, lot drainage plans be submitted, an entranceway permit also required, as well as a cash contribution for upgrading/road construction. The applicants submitted an application to the Land Division Committee on July 29, 1987 (File: LD 578/87). The Committee tabled the application a~t the r;~eeting of August 24, 1987, to permit Planning Staff to consider the rezoning application. ...3 ~Cy~ rZEPORT NO.: PD-226-87 Page 3 Staff have reviewed the application with regards to the provisions of the Regional Official Plan and the Zoning By-law. There are policies in place to recognize and delineate Rural Clusters in the Regional Official Plan and through existing policy, which the Town has in place. Accordingly, the characteristics of a Node or Cluster are as follows: "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 (7.4 acres); 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 surrunding uses and conforms ~vith the Agricultural Code of Practice." The Town also has its policy on how to identify anode or cluster. The attachment to the Report PD-180-86) 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 infi1ling may occur up to a maximum of tf~ree (3) additional lots. 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. Where a Node or Cluster is designated, it must comply with the Agricultural Code of Practice and the applicable provisions of the Town's Zoning By-law." ...4 REPORT NO.: PD-226-87 Page 4 Staff is of the opinion that this application does not fall within the definition set by either of the two policies. Firstly, the proposed lots are not similar in size and characteristics of the surrounding residential lots. Although, the frontage of each lot is compatible, the size, each being 2.4 ha (6 acres) which is much larger than existing lots. Secondly, in a telephone conversation, the Regional Planning Department states that given the existing development on Solina Road and Nash Road, that the entire area can be considered a cluster, however this would be contrary to a cluster being a definable separate entity and thus exceeding the maximum of six (6) lots in a cluster stated in the Town's Policies. Finally, the proposal is contrary to Section 3.19(c) of the Town's Zoning 6y-law, being 84-63, as amended. Section 3.19(c) requires a minimum separation distance of 300 metres from any livestock operation. As indicated on the attached schedule, the minimum separation distance encroaches on the subject parcel. In addition, Staff would note that there has been a number of concerns from abutting landowners regarding drainage problems. Furthermore, Staff has identified a drainage problem to the north of the subject site at Solina Road and Nash Road. Given the above, Staff is not in a position support the proposed rezoning as submitted. Respectfully submitted, CRV*TTE*jip *Attach. August 28, 1987 CC: Salmers & Furlong Barristers, Solicitors, Notaries P.0, box 2096, 55 William St. E. McLaughlin Square OSHAWA, Ontario L1H 7U4 Recommended for presentation to the Committee ,a ~- wrence Kot sef f Chief Ad. i istrative Officer ~-~~y, ~~~~ u~aHe TELEPHONE 623-3379 •COMMENTS• T0; LAND DIVISION.COMMITTEE,ON;CONSENT•.APPLICATIO.N FOR THE.MEETING ' • ~•0~• AU6U~T • 24`,• 1987,. ' • . • •' , ~. ~ • • ' •Ap~licatipn No: .•.LD. 578/87• ~ .. •. .. :• . :. .. .. Applicant : MR. & MRS. CARUSO & MR. & MRS. SPENA Location: Part Lot 25, Concession 2, Darlington Proposed Use: One (1) Residential Lot ., •~~ '. . CONFORMITY ~ WITH ~ ZONING ~ BY=LAWS~~: ' :~ ~ ~ ~ ~ ~ - Wit in the own o . ewcast a Zoning By-law 84-63, as amended, the subject pr•oper•ty i s zoned "Agr•icul tur•al (A)". The prroposed severance and r•etai ned lands however; would not appear to comply with the provisions of the "A" zone.' It is noted for• the Committee's information that a rezoning application (File: DEV 87-51), to have the zoning changed to "Rural Cluster (RC)" has been sumbitted by the applicants. This rezoning proposal, if approved, would allow the necessary provisions for• the severance to take place. RECOMMENDATIONS: In consi er•ation of the above comments, Staff would request that the application be tabled pending the Town's consideration of the rezoning application. . T or• Deputy Di r•ector• of P1 anni ng PBN*LDT*jip August 19, 1987 LL ~c~~ LOT 25 ~ LOT 24 `~..,,,_~ ~ X46• i NASH ROAD ~- `~, • • • • • • ~ • w w • • ry. l ^ MINIMUM SEPARATION ~_~._. "~ BY- 84-63 (300 m) .~ ' i SUBJECT SITE POULTRY ' OPERATION ~ !~ \ 4 ( ./qOS , ,--^~ ) ~ ~i f • ~ ., •~ ; - ~ ~~ N ~~ ~, ~ ~ ~ .; i w ~ ~- . '~ ~ • Q N ~ O I i • i w •: \ ~ ~ HIGHWAY \ \ • , N° 2 I • V J ~4j.S ~ i V / • ~ la,-5 ! 1 \ 1 ` w . • f f • `J w f ~ Z w • --140,---t ~ w I^ .... ww o . ... • - ~- U '• . ~ , - .. _ . . _ 1_ _ _ ~ r ~. ^ w ~ ~ \ ~ ~ ~' i •~- _ ~ % Y --- 1 ~36-S 1 -- '- / /I I ___/ Dev. 8?-51