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
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REPORT NO.: PD-123-89 PAGE 2
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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
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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
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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
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