HomeMy WebLinkAboutPD-268-87DN: 268-87 ~ rn`.
TOWN OF NEWCASTLE
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~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.
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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;
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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.
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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
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La rence ~. Kotseff
Chief A ~nistrative Officer
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