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HomeMy WebLinkAboutPD-239-87 TOWN OF NEWCASTLE ~~-~ REPORT ~ File # ~ ~,~ Res. #" ,~.~~ ~~ By-Law # f~ETING: General Purpose and Administration Committee DATE: Monday, September 21, 1987 T #: PD-239-87 FILE #: DEV 87-58 CT: REZONING APPLICATION - ZETA MOULE PART LOT 17, CONCESSION 4, FORMER TWP. OF DARLINGTON OUR FILE: DEV 87-58 RECOt~lMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-239-87 be received; and 2. THAT the application for rezoning be denied as the proposal does not conform to the provisions of the Region of Durham Official Plan, the minimum separation distance, the Agricultural Code of Practice, nor Section 3.19 of the Town of Newcastle Zoning By-law 84-63, as amended. BACKGROUND AND COMMENT: On July 20, 1987 the Planning Department received an application submitted by Leta Moule to rezone a parcel of land within Part of Lot 17, Concession 4, former Township of Darlington to permit the development of a Node/Cluster. The subject lands are designated as "General Agricultural" by the Region of Durham Official Plan. The Regional Plan stipulates that the predominant use of lands under this designation shall be for agricultural and farm-related uses. Additionally, the Plan states that the development of new non-farm residential ...2 r C~~ y REPORT NO.: PD-239-87 Page 2 uses shall be discouraged within the "General Agricultural" designation unless such development proceeds in the form of infilling between existing residential dwelling or in exceptional circumstances, as a minor extension such that one additional lot may be created and further, that such development is recognized as a "Residential Cluster or Node" within the local municipality's Official Plan or Zoning By-law. Within Zoning By-law 84-63, as amended, the subject lands are currently within the "Agricultural (A)" zone. This zone permits non-farm residential buildings and structures on lots which predate the current Zoning By-law, being By-law 84-63, as amended, or are 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 various agencies and departments for comments. The following is a summary of comments which have been received. The following departments/agencies had no objections: - Newcastle Fire Department - Newcastle Building Department - Newcastle Public Works Department - Central Lake Ontario Conservation Authority - Regional Health Unit The Durham Regional Planning Department, in commenting, indicated that Clusters shall be discouraged from locating on a Type "A" Arterial Road. Inasmuch as the proposal is located on a Type "A" Arterial (Taunton Road), the proposal would not appear to conform to the Regional Official Plan. Furthermore, Regional Staff noted that there were agricultural operations in the area that might present a problem from an Agricultural Code of Practice perspective. Ministry of Agriculture and Food "There is a poultry barn to the south-west of the subject application. The Agricultural Code of Practice requires a separation distance of 370 feet. The new proposed lot is approximately 200 feet from the easterly barn. The application therefore does not comply with the Code of Practice." Town Staff note that the above separation is based upon square footage and that calculations based upon animal units results in a larger separation of 555 feet. ...3 y~K) REPORT NO.: PD-239-87 PAGE 3 Staff have reviewed 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 be considered as scattered or strip development; and (ii) the entire cluster, including areas proposed for development, is identified in the District Plan, local Official Plan, and/for restricted area zoning by-law. Once defined, no further extensions to the cluster shall be permitted; and (iii) the existing group of dwellings are on relatively small lots; and (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 to trhe Agriculture Code of Practice. The Town also has its policy on how to identify a Node 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 infilling may occur up to a maximum of three (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 Agriculture Code of Practice and the applicable provisions of the Town's Zoning By-law." Staff are of the opinion that this application does not fall within the definition set by either of the two policies. Furthermore, the proposal is contrary to Section 3.19(c) of the Town's honing By-law 84-63, as amended. Section 3.19(c) requires a minimum separation distance of 300 metres from any livestock operation. ...4 ~~~) REPORT NO.: PD-239-87 PAGE 4 In consideration of the above-noted comments, Staff is not in a position to support the proposed rezoning as submitted. Respectfully submitted, T.T. Edwards, M.C.I.P. Director of Planning PBN*TTE*jip *Attach. September 11, 1987 APPLICANT: Mrs. Leta Moule R.R. #1 HAMPTON, Ontario LOB 1J0 Recommended for presentation to the Committee 1` (i ,/ /~ r! , -- r~.~- ~ - ---------------- wrence E Kotseff Chief A mi 'strative Officer ~~~~ I ~ ~ . ~~ ~ = N,`, ~ ~ ,,. , , ~ (~~ 6z.,. ~ ( ~` 1 ., L rii TOWN ~]~~ , ; - ~ ! WORKS ~ / ' I i ~ ~ YARD ~ j i _ ` ( - r~~ l ~ - .__.~ \ -Iss 9 r_~ J,~ \ . 11 .,,.., ~ ~~ `~ -~ .,65.1 • 15T• j ~ ~ I 1 ~ " ~ an .__t_, J._._ ~ ~} Q ry .. _ . - ~, OO C) ©LJ ~ ~1 I o~ ©~ e °~t`°°~ ~ %~ Z .~ SUBJECT SITE- , ~ o~ ~ ~ , S.B ~ .. I ~ •161.y o ~ ~I ~ Cep o 1, :' ~ 1 -. 1 ~ ~ - , ~ ~ ,, ~~ ~ `1 :. w o ` i I ~~ - ~ i-; I ~ `~p I- '~ ~ ~ ` POULTRY I ~ % J ~1 ; ~/~. % `- '~~ I I I OPERATION . ~ , ,~ i ~~ ~ SUBJECT SITE AGRICULTURE AND FOOD CODE OF PRACTICE, 1 112.775m.t370ft.) MIN. .~ j ~ q z SEPARATION DISTANCE i ~ °_ FROM POULTRY OPERATION 1 I 1 SEE 1 3CHEDlILE ~Y a ~ (HAMPTON) 1 to P (n (L( ~ V 1 K 1 ~ REGIONAL RD.i~~4 1 - 1 i O 1 1 U 1 i a I 1 1 ^ 1 p 1 q I n I ~ I 1 O Z I 1 _ O 1 a ° 1 J ~ 1 ~ I a. I I a 1 Z 1 O 1 p ~ 1 K 1 2 1 J rn I 1 U 1 1 ~ Z 0 1 1 1 I W 1 J 1 O W 1 ' i 1 1 ~ I ,y 1 W ;~~ CP ~ -~-- __,A_ _ ~~ ~ ~ v I z ~ 1 ~ DEV 87-58 _ _ _ 22 21 20 19 18 17 16 15 14 13 o ~ ~ KEY MAP ~`~~ ~. i y~~ 1 y I n ~ ~ ~ ,1 _ 1~ ~' , IB?.3 ~ ~; ~ 1 . ~ ~ ( ~ ~ ~~ ~ v -; \ .ss.e r /\ `l I .,39. ~ ' 1 '133\ • •1 ~ /I \ '139.8 \ / 8 ~~ . L J I ~;- ~. ti ~ ,\ ~, as ~ , ,, 8 ~ ~ % ~ ~I ~ V ,~ ; ~, .I ~ o, o~ \ ....~ o D., ~ ~ I ~'~ j '~ SUBJECT SATE- _~ B' ' J a ~ ~ I - i ; ~ ~ ~ ` ,, , i ~ ,~ I :POULTRY t ~. I ~ I ~ I OPERATION l ~ ~~ ~' ~ °O ~ ~ '~ F ~ ;~ ( ~` 1 \ I i~ . . ~{ ,1 .\ `~, ; ~ ~ ~ SUBJECT SITE AGRICULTURE AND FOOD CODE OF PRACTICE, --~ A 169.164 m. (5 55ft.) MIN. ' ~ ~' SEPARATION A I i z DISTANCE A-1 ' ! 1 ~ FROM POULT ~' RY OPERATION . 1 SEE Q 1 5(HA~MPTONI•T P W ~ V Z O K ~ REGIONAL RD.i^ 4 ~ 1 1 ~ V 1 1 I 1 1 I 1 ~ 1 1• a° ~ ~ i d'. -~ j rc I ; A o I I a = i f 1 a i s Qo i O J ~ I K 1 K 1 1 ~ ~p 1 lr 1 I j I 1 1 ~ J 1 W i J Z I o w ° i s U 1 i2 1 --i- A ~~~~ __y_-_ __ ___ ~ ~ Z ~~ ~ DEV. 87-58 22 21 20 19 18 17 16 15 14 13 I o ~ ~ ~., KEY MAP ~®