HomeMy WebLinkAboutPD-238-87'~ ~„,`1
TO~JN OF NEI~CASTLE
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REPORT File # ~°• `~'
Res. # - ~~~~~~
By-Law #
P~f III:
General Purpose and Administration Committee
pA~; Monday, September 21, 1987
T ~; PD-238-87 FILE ~; DEU 87-57
CT: REZONING APPLICATION - CORDON B. HORNE
PART LOT 35, CONCESSION 6, FORMER TWP. OF CLARKE
OUR FILE: DEV 87-57
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-238-87 be received; and
2. THAT the application submitted by Gordon B. Horne to rezone a 1.24 hectare parcel of
land located in Part Lot 35, Concession 6, former Township of Clarke, be denied as
the proposal does not conform to the provisions of the Regional Official Plan.
BACKGROUND AND COMMENTS:
On July 22, 1987, the Planning Department received an application submitted by Gordon B.
Horne to rezone a parcel of land within Part of Lot 35, Concession 6, former Township of
Clarke to permit the extension of an existing cluster.
The subject lands are designated as "Major Open Space" by the Region of Durham Official
Plan. The Regional Plan stipulates that the predominant use of lands under this
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REPORT NO.: PD-238-87 Page 2
designation shall be for agricultural and farm-related uses unless
residential development proceeds in the form of infilling and that such
development proceeds in the form of infilling and that such development
is recognized as a "Residential Node or Cluster" within the local
municipality's Official Plan or Zoning By-law. In situations where a
Residential Cluster has been identified prior to the passing of Amendment
No. 155 (March 3, 1987) to the Regional Official Plan, which clarified
policies for clusters, local municipalities have the opportunity to
re-evaluate the extent of a cluster. However, once reviewed under the
new provisions, no further extensions would be permitted.
By-law 84-63, as amended, shows the subject lands currently within the
"Agricultural (A)" zone. This zone permits non-farm residential
buildings and structures on lots which predate the current Zoning By-law,
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 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:
- Town of Newcastle Fire Department
- Town of Newcastle Building Department
- Town of Newcastle Public Works Department
- Region of Durham Health Unit
- Ministry of Agriculture and Food
The Durham Regional Planning Department commented as follows:
"In response to your notice of the above proposed amendment, we wish
to provide the following comments on Official Plan conformity.
The subject property is designated "Major Open Space" in the Regional
Official Plan and is therefore, subject to the Sections of the Plan
concerning clusters.
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REPORT NO.: PD-238-87 Page 3
In situations where a residential cluster has been identified prior to
the passing of Amendment No. 155 (3/3/87) to the Regional Official Plan,
which clarified policies for clusters, local municipalities have the
opportunity to re-evaluate the extent of a cluster. However, once
reviewed under the new provisions described by Amendment No. 155, no
further extensions would be permitted.
In re-evaluating a residential cluster, Council should consider what
final form they wish the cluster to have and should, in addition,
consider Section 10.2.1.3 subsections (i) through (v) of the Regional
Official Plan:
"Clusters shall contain the following characteristics:
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 lot
generally being less than approximately 3 ha;
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 with the Agricultural Code of Practice."
The subject property, in that it is located on an "A" Type Arterial Road,
would seem to present a problem particularly from the perspective of
discouraging cluster development on such roads."
It is noted for the Committee's information that Staff received a letter
from an abutting property owner expressing concern over the possibility
of flooding of his property caused by any regarding of the subject site.
In consideration of the concern, any development would require the
submission of a lot grading and drainage plan to the satisfaction of the
Director of Public Works.
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REPORT NO.: PD-238-87 Page 4
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 delinate 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 lot
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 surrounding
uses and conforms with the Agricultural Code of Practice."
The Town also has its policy on how to identify a Node or Cluster. The
attachment to 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 paublic
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 oterh designations Nodes or Clusters shall
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REPORT NO.: PD-238-87
Page 5
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."
As noted previously, in situations where a Residential Cluster has been
identified prior to the passing of Amendment No. 155 to the Regional
Official Plan, local municipalities have the opportunity to re-evaluate
the extent of a Cluster. Once reviewed under the new Cluster provisions,
no further extensions would be permitted. Regional Staff, in
acknowledging the re-evaluation and possible extension to the Cluster,
have indicated that the subject property, because it is located on Type
"A" Arterial Road, would present a problem particularly from the
perspective of discouraging Cluster development on such roads. This
comment would appear to substantiate the non-conformity of the proposal
to the Regional Policies.
Addtionally, the provisions of Section 13.2.14 "Transportation Network",
"....the maximum number of private accesses to Type "A" Arterial
Roads....two (2) access points per side per mile in rural areas...." are
to be considered in Regional Staff's review of the proposal.
Accordingly and in consideration of the above-noted comments, Staff are
not in a position to support the application due to non-conformity with
the Regional Official Plan.
LDT*TTE*jip
*Attach.
September 15, 1987
Applicant: Mr. Gordon B. Horne
1818 Simcoe Street North
OSHAWA, Ontario
L1G 4Y3
Recommended for presentation
to the Committee
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La rence otse
Chief Ad inistrative Officer
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DIV. 87-57