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HomeMy WebLinkAboutPD-283-87DN: 283-87 TOWN OF NEWCASTLE REPORT STING: General Purpose and Administration Committee ~~~ Monday, November 16, 1987 T #: pn_~~ta_R~ FILE #: ~_ ~T° OFFICIAL PLAN AMENDMENT APPLICATION NICK ZONDERVAN PART LOT 35, CONCESSION 3, CLARKE FILE: 87-44/D RECOPA~ENDATIONS: File #~ Res. # By-Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD®283-87 be received; and 2. THAT the Region of Durham be advised that the Town of Newcastle has no objections to Official Plan Amendment Application 87®44/D submitted by Mr. Nick Zondervan; and 3. THAT the Region of Durham and the applicant be advised of Council's decision. BACKGROUND: On July 3, 1987, the Town received notice of an Official Plan Amendment application submitted by Mr. Nick Zondervan to sever a 1.9 ha lot in Part Lot 35, Concession 3, Clarke into two (2) lots (see Attachment No. 1). The most easterly lot, on which the applicant's home is located, would have a frontage of 15~Im and an area of 0.65 ha. The other proposed lot would have a frontage of ?_05m on Concession Road 3 and would have an area of 1.25 ha. The subject property is designated "Permanent ...2 ~~~4 ~ --~ ~(~ J REPORT NO.: PD-283-87 PAGE 2 Agricultural Reserve" by the Regional Official Plan and zoned "Agricultural Special Exception (A-1)" by By-law 84-63. The subject application was circulated by both the Region and the Town to various agencies for comment. The following is a summary of the comments received: Town of Newcastle Public Works Department "We have no objections in principle subject to access to the most westerly lot by means of culvert installation shall be restricted to within 12.2m of the most south easterly extreme on Concession Road 3." Region of Durham Works Department "The additional residential lot proposed will have no direct frontage onto Regional Road No. 42; this proposal is acceptable with respect to the abutting Regional Road. However, we wish to request a 5.18 m widening on the total frontage of the subject land abutting Road No. X42." CP Rail "Please be advised that CP Rail does not wish to object to the severance on the condition that there shall be no increase or change in the direction of natural drainage affecting Railway property without first obtaining written consent from the Railway. Also, dwellings should be setback a minimum distance of 30 metres from the property line. Unoccupied buildings, such as garages, may be exempted." The following agencies indicated no objection to the subject application: - Region of Durham Health Unit - Ganaraska Region Conservation Authority - Ministry of Agriculture and Food - Ministry of Natural Resources - Ministry of Transportation and Communications COMMENT: As indicated earlier in this Report, the subject site is designated "Permanent Agricultural Reserve" by the Region of Durham Official Plan. Land so designated is considered to be the highest quality agricultural land in the Region. Regional Planning Staff have indicated that, at the time the Regional Official Plan was prepared, a number of criteria were used to establish the landuse designations given by Schedule "A". The criteria used to define Permanent Agricultural Reserve ...3 ----~.. °C4 , REPORT NO.: PD-283-87 PAGE 3 Areas included an areas's Canada Land Inventory Capability for Agricultural rating, the presence of large blocks of land and active agricultural operations, and the lack of intrusion by non-agricultural uses. The land in the area of the proposed lot, although, rated as Class 1 by the Canada Land Inventory classification is not a large block of active agricultural land. Although the applicant's property is located within a 3.75 ha parcel of land bounded on the south by the CP Rail line, on the north by the Concession Road 3 diversion, and on the west by Regional Road No. 42 and is currently occupied by 3 non-farm residential lots. A site inspection and the Ministry of Agriculture and Food's Agricultural Inventory indicated that this small residential area is surrounded by several very large and active agricultural parcels, particularly to the north and west. The Regional Official Plan (Section 11.2.2) states the use of land within a designated Permanent Agricultural Reserve Area for any purpose other than agriculture and farm-related purposes shall not be permitted. The intent of this provision is to prohibit the intrusion of any non-agricultural uses into established agricultural areas and, in particular, areas of prime agricultural land, which may be incompatible with noise and odours associated with normal agricultural operations. It is the intention of the Official Plan to only permit non-farm residential development in the Major Open Space and General Agricultural Areas. Such non-farm residential development is intended to occur as infilling within a recognizable rural Node or Cluster. Clusters are to have a minimum of three (3) existing residential lots and are to be defined by natural or physical boundaries. Staff would note that the existing lots within the area bounded by the rail line, Regional Road 42 and Concession Road 3 exhibit similar lot characteristics and, as indicated, the area is well-defined. As such, the area would appear to meet the criteria for defining rural clusters. As well, strip residential development exists on the east side of Regional Road X12 immediately south of the rail line. Based on the above and the Ministry of Agriculture and Food's comments, Staff are of the opinion that redesignation of this area would not offend the intent of the Official Plan. ...4 -`~ QJ REPORT NO.: PD-283-87 PAGE 4 Of greatest concern is the proximity of the proposed lot to the CP Rail line and the level crossing only 37m to the south, and associated noise and impacts on the proposed residential use. However, CP Rail has offered no objection subject to appropriate setbacks and conditions. relative to drainage. Although the general intent of the Official Plan and the Foodland Guidelines is to discourage non-farm residential development in proximity to agricultural operations, Staff feel that the sites characteristics are such that this intent would not be further offended by the proposed lot. We would, however, recommend that at such time as the rezoning and land division are applied for, that approval of these be conditional upon appropriate notices on title concerning rail noise and setbacks, agricultural operations, restricted access, drainage and a limitation on the number of lots permitted. Recommended for presentation to t `~ ) ~,/~ awrence Kotseff Chief Ad '~ 'strative Officer JAS~TTE~jip Attach. October 21, 1987 APPLICANT: Mr. Nick Zondervan R.R. ~~2 NEWCASTLE, Ontario LOA 1H0 Mr. Peter Feddema 7 Luverme Court BOWMANVILLE, Ontario L1C 3K4 -!~~ J ~z ,) ~ ~~ -~s, 166.055 02 N ~ ^ DoT ~o ,s ~. ~qti CONC. N o qo ~ ~q~ Aq C ~~~~ W Q 35 ~~ ~, ~, 3 91.492 ~ ,~ qi~ M m ~qy ^ N _ _ _ d' Unopened Road Allowance Between Concessions 2 And 3 _~ ®SUBJECT SITE ' 35 34 33 32 31 30 29 conc. Ra.`o, a 1 M ) ~ j' 1 ; ~ I , ; _ ) 1 a ®PROPOSED SEVERED LOT PROPOSED RETAINED LOT ® APPROXIMATE LOCATION OF EXISTING RESIDENCES 8 .~ N z U ~ SEE SCNEDIlE ~3~ INEWC0.5TlE YKIME) M Z O N W U Z 0 U N Z 0 W U Z O U LAKE ®Rq ~t o uo wo aoo~ KEY MAP ~® ~