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
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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
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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.
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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
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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
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®SUBJECT SITE
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®PROPOSED SEVERED LOT
PROPOSED RETAINED LOT
® APPROXIMATE LOCATION
OF EXISTING RESIDENCES
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