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HomeMy WebLinkAboutPD-123-89DN: Falcon TOWN OF NEWCASTLE REPORT File #rx Res. By -Law # MEETING: General Purpose and Administration Committee DATE: MONDAY, MAY 15, 1989 REPORT #: PD- 123 -89 FILE #: DEV 89 -18 SUBJECT: REZONING APPLICATION - FALCONERI PART LOT 30, CONCESSION 4, CLARKE TOWNSHIP DEV 89 -18 (x -ref. LD 660/88) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 123 -89 be received; 2. THAT Application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended, submitted by L. & L. Falconeri, to facilitate the creation of one (1) rural - residential lot be DENIED; and 3. THAT a copy of Council's decision be forwarded to the interested parties attached hereto. 1. BACKGROUND: 1.1 In February, 1989, the Planning and Development Department received an application to amend the Town of Newcastle's Comprehensive Zoning By -law 84 -63, as amended. The application submitted by Leo Luca Falconeri and Leonarda Falconeri proposed to change the zone category ...2 J U U REPORT NO.: PD-123-89 PAGE 2 ------------------------------------------------------------------------------- of a 10 acre (4.095 ha) parcel of land in Pt. Lt. 30, Concession 4, Clarke, from "Agricultural (A)" to an appropriate zone to facilitate the creation of one rural-residential lot. 1.2 The applicants previously submitted an application to the Land Division Committee (LD 660/88) requesting consent to create a retirement lot. The Committee at its meeting of October 17, 1988, tabled the application for a period of one (1) year to enable the applicant to rezone the property. 1.3 The subject site is located on the east side of Squair Road, north of Concession Road 4, and south of Concession Road 5. Surrounding land uses include rural-residential lots to the south and agricultural lands supporting a dwelling to the north, east and west. 2. PUBLIC NOTICE AND SUBMISSIONS: 2.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. As of the writing of this Report, one letter in objection to the proposal has been received. A copy of same is attached hereto. 3. OFFICIAL PLAN CONFORMITY: 3.1 Within the Durham Region official Plan, the subject property is designated "Permanent Agricultural Reserve". The predominant use of land in such areas shall be for agricultural purposes, any purpose other ...3 F- - � J U / REPORT NO.: PD- 123 -89 PAGE 3 than agricultural and farm - related uses shall not be permitted. Non -farm related residential uses may be permitted in accordance with Section 11.2.6 of the Durham Plan. This section outlines the qualifi- cations for farm - related severances, which is limited to a retirement lot severance; an intra family severance and a surplus dwelling lot severance. The application does not conform to the policies outlined above, nor does it appear to qualify for a farm - related severance. 4.0 AGENCY COMMENTS: 4.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. To date, comments remain outstanding only from the Regional Public Works Department. However, there are no Regional services directly impacted by this development that should be a concern to this agency. 4.2 The Town of Newcastle Public Works Department Staff have indicated no objection to the proposal in principle subject to conditions being satisfied. This includes a $4,727.73 contribution to the reconstruction of Squair Road and the applicant providing lot grading plan satisfactory to the Director of Public Works. The Community Services Department Staff noted no objection subject to a 5 percent cash -in -lieu of parkland dedication. The Fire Department also noted no objection. 4.3 The Ganaraska Conservation Authority, the Regional Health Department and the Ministry of Agriculture and Food all reported no objection to the proposal as submitted. The Regional Planning Department Staff however, noted the subject property is designated "Permanent Agricultural Reserve" in the Regional Plan, and that the predominant use of said lands shall be for agricultural purposes. The comments ...4 503 REPORT NO.: PD- 123 °89 PAGE 4 application further noted that the r to comply Section 11.2.6 of M Durham Plan. Therefore, proposal one non -farm residential lot does not conform to the Regional Plan. 5. STAFF COMMENTS: 5.1 The subject property is adjacent to residential development to the south of it on both sides of Squair Road. However, land ownership to the north is depicted by numerous 10 acre (4.047 ha) parcels on both sides of the road. Should approval be considered for this one 10 acre lot, a precedence would be set to encourage similar applications in the general area thereby perpetuating undesirable scattered strip residential development in the rural area which is not in keeping with the Official Plan policies and cannot be supported by Planning Staff. 5.2 In consideration of the above-noted comments, Staff recommend the rezoning application to facilitate the creation of a rural residential lot be DENIED. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning & Development CP *FW *jip *Attach. May 2, 1989 Recommended for presentation to the Committee Lawrence E otseff Chief Admi strative officer INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S DECISION Leo Luca and Leonarda Falconeri R.R. #1 Orono, Ontario LOB 1MO Gerald Rainy R.R. #1 Orono, Ontario LOB 1MO I- (') n JU`1 -J. lk, 77 Jzl-t Z �7, 5 1 n- .Ay 4 TVAIA cy W.4�10-SM VMOIT 511