Loading...
HomeMy WebLinkAboutPD-268-87DN: 268-87 ~ rn`. TOWN OF NEWCASTLE REPORT File # r~,.~~~~ ~,. Res. ~,1 :x ~ ~ ~ ~-~/~~J By-Law~# ~7ING: General Purpose and Administration Committee ~~~ Monday, October 19, 1987 REPORT #: p„_~hR_R~ FILE #: _-~ SUBJECT: REZONING APPLICATION - AGNES BONSMA PART LOT 21, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON OUR FILE: DEV 87-6~ RECON4MENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-268-87 be received; and 2. THAT the application submitted by Agnes Bonsma to rezone a 1.83 hectare parcel of land located in Part Lot 21, Concession 2, former Township of Darlington, be denied as the proposal does not conform to the provisions of the Regional Official Plan and the Agricultural Code of Practice. BACKGROUND AND COMMENTS: On August 27, 1987 the Planning Department received an application submitted by Agnes Bonsma to rezone a parcel of land within Part of Lot 21, Concession 2, former Township of Darlington to "Residential Cluster" to permit development of additional residential lots. ,..2 ~(~~ r REPORT NO.: PD-268-87 PAGE 2 The subject lands are designated as "Major Open Space" within 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 unless residential development proceeds in the form of infilling and that such development is recognized as infilling and that such development is recognized as a "Residential Node or Cluster" within the local municipality's Official Plan or Zoning By-law. Once a "Residential Node or Cluster" has been defined under the provisions of the Official Plan, no further extensions would be permitted. By-law 8~-63, as amended, of the Town of Newcastle currently zones the subject site as "Agricultural (A)". This zone permits non-farm residential buildings i 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 agencies/departments had no objections: - Town of Newcastle Fire Department - Town of Newcastle Building Department - Region of Durham Health Unit The Durham Regional Planning Department, in commenting, noted the following: "The subject property is designated "Major Open Space" within the Regional Official Plan and limited new non-farm residential may be allowed in the form of new clusters if recognized within the Municipality's Zoning By-law." "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; ...3 y~~n~ REPORT NO.: PD-268-87 PAGE 3 (iii) the existing group of dwellings are on relatively small lots 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." Based on our review of air photos and assessment data, this proposal would appear not to exhibit the characteristics of a Cluster and would therefore, appear not to conform to the Regional Official Plan." The Ministry of Agricultural and Food commented as follows: "With present knowledge, this application does not comply with the Foodland Guidelines and this Ministry objects to its approval for the reasons indicated below: Approval would create an incompatible use in a predominantly agricultural area." 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 public streets." In addition to 'rhe roregoing, rural Nodes or Clusters shall not be permitted in areas designated as "Permanent Agricultural 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 ~Cn> REPORT NO.: PD-268-87 PAGE ~ In addition to the comments submitted by the Ministry of Agriculture and Food, Staff are of the opinion that this application does not fall within the definition set by either the Town or Regional policies. Accordingly, and in consideration of the above-noted comments, Staff is not in a position to support the proposed rezoning as submitted. PBN~TTE~jip Attach. October 8, 1987 APPLICANT: Ms. Agnes Bonsma R.R. ~~6 BOWMANVILLE, Ontario L1C 3K7 Recommended for presentation to the Committee ~. .~ ~~, ~ ~,~ La rence ~. Kotseff Chief A ~nistrative Officer (~ ' SUBJECT -SITE J= j~ `~ ~ A ~ ~ C4.6 ~`y~G ~~ly q . ~`,0 2 " ~ A=4 ; N J ~~ Z W m ~ Rh/ ~ ~'~• ca-a - O Z ~ A ~~ ~ ` ~ a ° z o Z ~. ~ Q a o ~ W ~ A J i D F., J "s Z .~ ~ T ~ M ~NNN LOT NNN~NNNNNNNNNNMNNfMN~ 22 LOT 2 I LOT 20 -- ~ O 50 !00 2A0 300m L~~^~ Dev. 87-64