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HomeMy WebLinkAboutPD-185-89DN: Teenin 101171 f ` e ki I 00111"WARM REPORT File #_6L.,3 Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, July 17, 1989 REPORT #: PD- 185 -89 FILE #: DEV 89 -33 SLRJECT: REZONING APPLICATION - JAKOB TEENINGA PART LOTS 9/11, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON DEV 89 -33 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 185 -89 be received; 2. THAT the application submitted by Jakob Teeninga to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63 to permit the creation of one (1) non -farm residential lot be denied. 3. That the applicant be so advised. 1. BACKGROUND 1.1 On March 14, 1989, the Planning Department received an application from J. Teeninga on behalf of S. L. Delaney to amend By -law 84 -63. The application would seek to amend the current "Agricultural (A)" zoning to permit the creation of one (1) non -farm residential lot. 1.2 On Monday, June 19, 1989, a Public Meeting was held to address this application, hence fulfilling the requirements of the Planning Act. At the time of this meeting, comments had not yet been received from the Durham Regional Planning Department, Durham Regional Works Department and Central Lake Ontario Conservation Authority. r f ...2 REPORT 0O.: PD-185-89 PAGE 2 2.1 The subject property is located on Concession Road 4^ west of Meazms Avenue, being Part Lot 9, Concession 3, former Township of Darlington. 2.2 The existing land uses adjacent to the subject property are as follows: to the north: one (l) non-farm rural residential lot and agricultural- pasture lands (49.750 acres) to the south: agricultural - cultivated lands and forested lands (84 acres) and an abandon Railway Right-of-way. to the east: agricultural-pasture lands (45 acres) to the west: agricultural-pasture lands (9.2 acres) and one (l) non- farm rural residential lot. 3. PUBLIC NOTICE AND 8D8MIG8IO0G 3.1 Pursuant to Council's resolution of July 26, 1982, and the requirements of the Planning Act, the appropriate oignage 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, no within submissions have been 4. OFFICIAL PLAN CONFORMITY 4.1 The subject property appears to be situated within the 'Major Open Space' designation in the Durham Regional Official Plan. Residential development in areas so designated is limited to minor internal iufilling and/or minor additions to existing development provided that such development is recognized as a Residential Node or Cluster in the local municipality's uVoiug By-law. ...3 ' r/7 ] D 31 PAGE 3 It appears that this application does not conform to the Durham Regional Official Plan. 5. AGENCY COMMENTS 5.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments offered no objection in the application as filed. - Town of Newcastle Fire Department - Regional Health Services Department - Regional Works Department - ministry of Agriculture and Food 5.2 The Town of Newcastle Public Works Department offered no objection to the proposal, however, requested that the applicant be required to satisfy all the requirements of the Department, financially and otherwise. 5.3 The Town of Newcastle Community Services Department offered no objection, however, requested that the applicant contribute 5 percent cash-in-lieu of parkland dedication. 5.4 Durham Regional Planning noted that the subject property is designated "Major Open Space" in the Durham Regional Official Plan and that any non-farm residential development may be permitted in the form of new rural clusters. The Region believes that defining the 1.32 ha parcel as a cluster does not conform to the Durham Regional Official Plan policies concerning clusters since the proposed cluster is not a definable separate entity. ...4 X64 REPORT 0O.: PD-185-89 D&QE 4 5.5 Central Lake Ontario Conservation Authority notes that a small tributary o[ Soper Creek flows through the north-west corner and abuts the Western boundary of the property in question. Although, this particular water course has not been included in Central Lake Ontario Conservation Authority's Flood Plain mapping Project, the authority does request that any flood plain lands on the subject property should be appropriately zoned to reflect their hazardous nature. Central Lake Ontario Conservation Authority suggests that the flood plain should be determined based on Regional Storm or 100 year storm flows, whichever are greater. In addition, written permission must be obtained from Central Lake Ontario Conservation Authority prior to any alteration of the water 000coe or construction within the flood plain. 5.5 The following agencies have not yet provided comments: - Ministry of Natural Resources G. COMMENTS 6.1 Staff in reviewing the proposal with respect to existing Official gIau policies would note the Section 10.3.I.3 of the Durham Region Official Plan would require o cluster to be recognized as a definable separate entity and be of a size so as not to be considered as scattered or strip development. Staff do have concerns with respect to the conformity of these provisions. As noted above, the Durham Regional Planning Department has these same concerns. 6.2 Staff notes that Section 10.2.I.3 of the Durham Regional Official Plan otceooeo that development of new ouu-fnon residential uses should be discouraged unless they are located in those areas identified as hamlets. The applicants property is not located in an identified hamlet. ...5 � � U./ 6.3 Additionally, Staff notes the lands are heavily wooded and depressed from the road elevation. The comments of the Conservation Authority reveal that part of the property appears to be within the Soper Creek flood plain and that these lands should be appropriately zoned. 7. RECOMMENDATIONS 7.1 Given the above noted information, Staff would respectfully recommend that the application for a single residential rural cluster be denied. Respectfully submitted, Recommended for presentation to the Committee -------------------------- --------------- m E Kotseff Franklin Wu, M.C.I.P. Lawrence Director of Planning & Development Chief A i istrative officer HM*FW*lp *Attach. July 4, 1989 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Mr. Jakob Tenninga R.R. #5 BOWMANVILLE, Ontario LlC 3K6 /- - \, Dev. 89�03�al