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Home My WebLink AboutPD-278-897 WILWINE HIMMWI, REPORT File #; CHRISTL.GPA Res. # By -Law # MEETING: General Purpose and Administration Committee DATE: Monday, November 6, 1989 REPORT #: PD— 27R -89 FILE #: DEV 89 -06 SUBJECT: REZONING APPLICATION — J. CHRISTL SR. PART LOT 10, BROKEN FRONT CONCESSION, FORMER TOWN OF CLARKE OUR FILE: DEV 89 -06 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 278 -89 be received; 2. THAT the rezoning application submitted by Joseph Christl Sr. to retain barns for the storage of hay, straw, and the housing of livestock on a non -farm residential lot be approved and the attached amendment to By -law 84 -63 be approved; and 3. THAT those parties listed be so advised. 1. APPLICATION 1.1 On January 31, 1989 the Planning and Development Department received an application to amend the Town of Newcastle Comprehensive Zoning By -law 84 -63, as amended to permit two (2) existing barns; one to be used for the housing of livestock and the other for the storage of feed, straw and hay located on a 1.22 hectare parcel of land. The lot was created as a severance of surplus dwellings from a larger 40.47 hectare farm. 2. BACKGROUND 2.1 This application for rezoning precipitated from a Land 2 r, z 53 REPORT NO.: PD-278-89 PAGE 2 Division application submitted in August, 1988. Through the Land Division Committee staff circulation of the application, Planning Staff offered no objection to the application, however, as a condition of approval, Staff requested that all non - residential structures be removed from the severed portion. 2.2 The conditions of approval, as requested by the Town Staff was not included in the minutes or the decision of the Land Division Committee. To that end, Staff reported to Council on September 26, 1988 (PD- 195 -88) and recommended to Council that the Land Division Committee's decision be appealed as the conditions of approval as requested were not incorporated in the decision and the proposed land severance would not conform to the Town of Newcastle's Comprehensive Zoning By -law inasmuch as the agricultural buildings were to remain on the severed lands. 2.3 Council did not appeal the decision of the Land Division Committee and the applicant was left with an illegal usage of the property. The applicant had two options to address this matter, either bring the lot and use into compliance by removing the accessory farm structures, or submit a rezoning application for Committee and Council's consideration. 3. LOCATION AND SURROUNDING LAND USES 3.1 The subject lands are located on the south side of Concession Road 1, east of Bellamy Road, being Part Lot 10, Broken Front Concession, in the former Township of Clarke. 3.2 The existing surrounding land uses abutting the property are as follows: To the North - non -farm rural residential To the West - non -farm rural residential 53-6 ...3 • .•R PD :• PAGE 3 To the South - agricultural - cropland To the West - agricultural - cropland 4. OFFICIAL PLAN POLICIES 4.1 Within the Durham Regional Official Plan the subject lands are designated as "Permanent Agricultural Reserve ". The predominant use of lands within this designation shall be used for agricultural and farm- related uses. However the Official Plan states that a residential use may be permitted through the severance of a surplus dwelling. Staff notes that the Durham Region Official Plan is silent as to whether or not farm structures shall be removed when a non -farm residential lot is created. 5. PUBLIC NOTICE AND SUBMISSIONS 5.1 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. 5.2 As of the writing of this report, no written submissions have been received. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following department /agencies in providing comments, offered no objection to the application as filed: - Newcastle Public Works Department - Region of Durham Health Services Department - Region of Durham Works Department ...4 REPORT - Region of Durham Planning Department - Ganaraska Region Conservation Authority 6.2 The Town of Newcastle Fire Department has offered no objection to the proposal, however, has noted that municipal water is not available to the site and water would have to be provided by tanker truck. 6.3 The Ministry of Agriculture and Food states that although they questioned the original consent application, they do not offer any objection to the current rezoning application since the lot has been created by the Durham Land Division Committee. 7. RECOMMENDATIONS 7.1 Staff respectively recommend that the rezoning application to permit the storage of hay, straw and the housing of livestock as accessory to the non -farm residential use be APPROVED and that the attached amendment to By -law 84 -63 be APPROVED. Respectfully submitted, Franklin Wu, M.C.I.P. DIrector of Planning and Development HM *FW *cc *Attach 20 October 1989 Recommended for presentation to the Committee G� Lawrenco `g . Kotsef f Chief A'dnistrative Officer Interested parties to be notified of Council and Committee's decision: Joseph B. Christl Sr. Mr. John Hooey R. R. #3 Box 43, Mill Street Bowmanville, Ont. L1C 3K3 Orono, Ontario LOB 1M0 Durham Region Planning Dept. Durham Region Clerk's Dept. 105 Consumers Drive 605 Rossland Road Whitby, Ontario Whitby, Ontario THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 89- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Town of Newcastle; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 6.1 "Agricultural (A) " zone is hereby amended by adding thereto, the following new Special Exception 6.4.34 as follows: Notwithstanding Section 3.6.b, 6.1 and 6.3, the lands zoned "A -34" on the attached Schedule "A", in addition to the other uses permitted in Agricultural (A)" Zone, permit the use of the existing barn for the storage of hay, straw and the housing of livestock on a non -farm residential lot. 2. Schedule "2" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A -1)" to "Agricultural Exception (A -34)" 3. Schedule "A" attached hereto shall form part of this by -law. 4. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1989 BY -LAW read a second time this day of 1989 BY -LAW read a third time and finally passed this day of 1989. HI MAYOR CLERK This is Schedule ."A"I to By-law • passed 0 a 0 a J J W M CONCESSION ROAD I /O FRONT )-ION ® ZONING CHANGE FROM 1A -11 TO 1A -341 0 25 50 IOOm 252.015105 0 Mayor Clerk LOT 15 14 13 12 II 10 9 8 7 1 i =SUBJECT SITE M3 RC MOTHER LANDS OWNED BY APPLICANT 0� Z ;EP SCHEDULE �17� A (NEWTONVILLE) 0 3 IHWY ® N 2 1 N 1 1 (r) A 1 P I HWY.1 401 Z 1 i 1 1 1 A 1 P A-1 i 1 1 I i Former Township of CLARKE Z OZ O LL N YZ !I 0O 0 250 500 IOOOm 540 WK W�'' 1 � :L Former Township of CLARKE Z OZ O LL N YZ !I 0O 0 250 500 IOOOm 540 WK W�'' a C� SEE SCHEDULE 'IT' �j •0 I ► • ; !CONCESSION --S-- L�- j N � �1 1 Dev. 89�006 0 a 0 o! a J J W M CONCESSION ROAD 1 /0 FRONT /O > N ® ZONING CHANGE FROM 'A-1 1 TO 1A -341 0 25 50 loom 2520 1510 5 0 Mayor LOT 15 14 13 12 11 10 9 8 7 Former Township of CLARKE Clerk =SUBJECT SITE MOTHER LANDS OWNED BY APPLICANT Z O N N W U ' Z O U H ZZ O0 WV) z YZ 08 Ix M 0 260 500 IOOOm 600m 100 By-law day • 51989 A. CONCESSION ROAD 1 /0 FRONT /O > N ® ZONING CHANGE FROM 'A-1 1 TO 1A -341 0 25 50 loom 2520 1510 5 0 Mayor LOT 15 14 13 12 11 10 9 8 7 Former Township of CLARKE Clerk =SUBJECT SITE MOTHER LANDS OWNED BY APPLICANT Z O N N W U ' Z O U H ZZ O0 WV) z YZ 08 Ix M 0 260 500 IOOOm 600m 100