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Home My WebLink AboutPD-225-87 TOWN OF NEWCASTLE C~ REPORT File # ,~-'~~~'a,._. ~~-a Res. # ,; ~. ,~_~~ By-Law # NEFTII~: General Purpose and Administration Committee GATE: Tuesday, September 8, 1987 T #: PD-225-87 FILE ~: DEV 87-52 CT: REZONING APPLICATION - D. & M. PORTER PART LOT 23, CONCESSION 2, DARLINGTON OUR FILE: DEV 87-52 RECOP~IENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-225-87 be received; and 2. TFIAT the application for• rezoning, File: DEV 87-52, be denied as the proposed rezoning does not conform with the policies of the Region of Durham Official Plan. BACKGROUND AND COMMENTS: On June 15, 1987 the Planning Department received an application submitted by Doug & Millie Por•ter• to rezone a parcel of land within Part of Lot 23, Concession 2, for•mer• Township of Darlington to permit the development of a Node/Cluster. The subject ar•e is designated as "Major OPen Space" b.y the Region of Durham Official Plan. The Regional Plan stipulates that the predominant use of lands under this designation shall be for• "Agr•icultur•al" and farm-related uses. Additionally, the Plan states that the development of new non-farm residential uses shall be discouraged within the "Major Open Space" designation unless such development proceeds in the form of infilling between ...2 ~Cx) REPORT NO.: PD-225-87 Page 2 existing r•esi denti al dwellings and fur•ther• pr•ovi led that such level opment i s recognized as a "Residential Cluster or• Node" within the local municipality's Official Plan or• Zoning By-law. By-law 84-63, as amended, shows the subject lands cur•r•ently within the "Agr•icultur•al (A)" zone. This zone permits non-farm residential buildings and str•uctur•es which predate the cur•r•ent Zoning By-law, being By-law 84-63, as amended, or• ar•e located on lots created by severance in accordance with the policies of the Durham Regional Official Plan. In accordance with approved policy, the subject application was circulated to various agencies and departments for• comments. The following is a summary of comments which have been received. The following departments/ agencies had no objections to the application: - Newcastle Fire Department - Newcastle Building Department - Mi ni str•y of Agri cul tur•e and Food - Ontario Hydro The Regional Health Unit have no objection, providing the applicant will relocate his well prior to approval of the subsequent severance. Plewcastle Public Works Department requested that the following conditions be attached if the application is approved. The road allowance between Concession 1 and 2 (Bloor• Street) is designated as a Type "A" Ar•ter•ial Road, ther•efor•e, a 3 metre road widening and an 8 metre by 16 metre sight triangle ar•e requested to be dedicated to the Town of Newcastle. Also, the Owner wi 11 be r•equi r•ed to make a cash contr•i bution towards the upgrading of Rundle Road. The Durham Region Planning Department informs us new Clusters shall be discouraged from locating on a Type "A" Ar•ter•ial Road and since the proposal is located on a Type "A" Ar•ter•ial (Bloor• Street), the proposal would not appear to conform to the Regional Official Plan. ...3 ~c~> REPORT NO.: PD-225-87 Page 3 Staff have revievred the application with regard to current Regional Policy for Rural Nodes and Clusters as follows: i) the cluster is a definable separate entity and is of a size so as not to he 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• r•estr•i cted area zoning by-1 aw. Once defined no fur•ther• extensions to the cluster shall be permitted; iii) the existing group of dwellings ar•e on relatively small lots; and iv) development within the cluster is compatible with the sur•r•ounding uses and conforms to the Agr•icultur•e Code of Practice. The pr•oper•ty does not exhibit any of the char•acter•i sties of a Rural C1 uster• as set out by the Regional Official Plan. Staff feel that if such development is permitted, it would be contributing to strip development which is contr•ar•y to policy and good planning. The Town of Newcastle has a policy in place (see Report PD-180-86) which sets out the cr•iter•ia for• Rural Cluster development. There ar•e two r•equi r•ements r•egar•di ng cl uster•s i n thi s policy which have not been met. Firstly, this location does not have three (3) defined boundaries and, secondly, it does not have between three (3) and six (6) residential lots of si mi 1 ar• 1 of char•acteri sti cs for• which bui 1 di ng per•mi is are currently available. These ar•e two of the main cr•iter•ia which ar•e used for• deter•mi ni ng whether or• not a si to shoul d be considered as a C1 uster•. Within Zoning By-law 84-63, as amended, of the Town of Newcastle, the "Residential Cluster (RC)" zone r•equir•es a minimum lot area of 3000 square metres. The proposed rezoning would result in development of one (1) additional lot with a lot area of ?_,341 square metres and leaving the r•emainder• of the existing lot with a lot area of 2,358 square metres. Staff would note that two (2) existing lots to the west ar•e 3,832 square metres and the existing lots to the north ar•e 3,916 to 8,855 square metres in size. ...4 ~~~; REPORT NO.: PD-225-87 Page 4 In addition Section 13.2.14 of the Regional Official Plan discourages new C1 uster•s from 1 ocati ng along Ar•ter•i al Type "A" Ar•ter•i al Roads . To consider approval of the proposed rezoning, the Town must be satisfied that the development is in accordance with the Regional Official Plan, as well as the intent of Rural Cluster policies as set down by Council. This site does not exhi bi t the appr•opr•i ate char•acter•i sti cs for• Staf f to support the requested change in zoning. The policies which have been outlined in this r•epor•t indicate the conditions which both the Regional and Town Planning Staffs feel must be present to permit Rural Cluster development. It is clear that the proposal does not conform to the pr•er•equisites for• "Rural Cluster" development as set down by the Durham Regional Official Plan, ther•efor•e, Staff is not in a position to recommend approval of the proposed rezoning. PBN*TTE*jip *Attach. August 27, 1987 Applicant: Mr•. & Mr•s. D. Por•ter• R.R. #2 BOWMANVILLE , Ontar•i o L1C 3K3 Recommended for• pr•esentati on to Jthe Committee ,~° , (, . .~~ r ~~ ~ r ~ ~~~ ~awr•ence Kotsett Chi of A 'Ini strati ve Office r• y c~) St~~~CT ~StT~.. 26 25 24 23 ..22.2 i 'JKEY MAP :19 18 17 a ~ ~ ~~ ~:~' ~~ DARLINGTON Dev. 87-52