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Home My WebLink AboutPD-5-91 TOWN OF NEWCASTLE REPORT File # 61- ,'7 / ( DN: HARTEMI NK.GPA Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 7, 1991 REPORT #: PD-5-91 FILE #: OPA 90-079/D SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: G. AND M. HARTEMINK PART LOT 34, CONCESSION 1, FORMER TOWNSHIP OF CLARKE FILE: OPA 90-079/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-5-91 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends APPROVAL of the Durham Regional Official Plan Amendment application submitted by G. & M. Hartemink to permit one (1) additional non-farm rural residential lot; 3 . THAT the Durham Regional Planning Department be forwarded a copy of Report PD-5-91; and 3 . THAT the Region of Durham and the interested parties listed in this report be advised of Council's decision. 1. APPLICATION DETAILS 1 . 1 Applicant: G. & M. Hartemink 1. 3 Official Plan Amendment: From "Permanent Agricultural Reserve" to an appropriate designation in order to permit the creation of one ( 1) additional non-farm rural residential lot. 1. 4 Area: 1. 01 hectares (2 .49 acres) ) 'I L . . . .2 REPORT NO. PD-5-91 PAGE 2 2 . BACKGROUND 2 . 1 On August 30, 1990, the Town of Newcastle Planning and Development Department was advised by the Durham Regional Planning Department of an application to amend the Durham Regional Official Plan in order to permit the creation of one ( 1) additional non-farm rural residential lot through the consent process . 2 .2 The subject site is an irregular shaped parcel approximately 1.01 hectares (2 .49 acres) in size and is located at the south-east corner of the intersection of Lovekin Road and Kurve Inn Road but is more formally described as Part Lot 34, Concession 1, in the former Township of Clarke. 3 . PUBLIC NOTICE AND SUBMISSIONS 3 . 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, as the processing of the Official Plan Amendment application is the responsibility of the Regional Municipality of Durham, the Durham Regional Planning Department has advised the Town of Newcastle that the appropriate notice advising the public of the application appeared in the Canadian Statesman on October 17, 1990 . 3 . 2 As of the writing of this report, the Planning and Development Department has not received any written submissions or inquiries with respect to the subject application. 4 . OFFICIAL PLAN CONFORMITY 4 . 1 The subject property is designated as Permanent Agricultural Reserve within the Durham Regional Official Plan. Section 11.2 .2 of the Regional Official Plan states that the predominant use of land so designated is for agriculture and farm-related uses . In addition, the Regional Official Plan states that the use of land within a designated Permanent Agriculture Reserve Area for any purpose other than agriculture and farm-related uses shall not be permitted. . . . .3 REPORT NO. PD-5-91 PAGE 3 4 .2 Furthermore, Section 11.2 .6 permits limited non-farm rural residential uses . However, these uses are allowed solely in the case of a bona-fide retiring farmer, the removal of a surplus dwelling following a farm consolidation or an intra-family severance. Since the proposed use of the subject property does not conform with Section 11 .2 .2 or 11.2 . 6 of the Durham Regional Official Plan, the applicant has applied to amend the Durham Regional Official Plan in order to permit the development of one ( 1) non-farm rural residential lot. 5 . ZONING BY-LAW COMPLIANCE 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject property is zoned "Rural Cluster - Special Exception (RC-3) " . Both the proposed severed lot and the retained lot appear to comply with the minimum lot frontage requirement and the minimum lot area requirement of the Town of Newcastle Comprehensive Zoning By-law 84-63 . Therefore, an amendment to the Town's Comprehensive Zoning By-law is not required in order to permit the creation of one ( 1) non-farm rural residential lot. 6 . AGENCY COMMENTS 6 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following provides a brief synopsis of comments received to date. 6 .2 The Town of Newcastle Public Works Department has advised that they have no objection to the proposed Official Plan Amendment application. However, the Public Works Department notes for the applicant's and the Committee's information, that the applicant will be required, as a condition of approval of the related consent application (LD 013/90) , to contribute $6840 . 00 towards the cost of upgrading/reconstructing Lovekin Road in accordance with Town policy. . . . .4 REPORT NO. PD-5-91 PAGE 4 6 . 3 The Ministry of Transportation has reviewed the subject application and have no objection to the proposal but advise that access to the subject lands must be restricted to Lovekin Road with no direct access onto Highway No. 35/115 . In addition, the Ministry of Transportation advises that all new residential buildings and structures must be setback a minimum distance of 13 . 7 m (45 feet) from the property line abutting Highway No. 35/115 or 32 m ( 105 ft. ) from the centerline of Highway No. 35/115, whichever is greater. 6 .4 The Community Services Department has advised that they have reviewed the subject application and have no objection to the proposal . However, the Community Services Department notes for the applicants information that, as a condition of approval of the related consent application (LD 013/90) , the applicant will be required to provide the Municipality with cash-in-lieu of the 5% parkland dedication requirement as permitted by the Planning Act. 6 .5 The balance of the circulated agencies which have provided comments are the Town of Newcastle Fire Department, the Regional Works Department, the Regional Health Department, the Ganaraska Region Conservation Authority and the Ministry of Agriculture and Food. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7 . STAFF COMMENTS 7 . 1 The applicant is proposing to amend the Durham Regional OFficial Plan in order to facilitate the creation of one ( 1) non-farm rural residential lot through the consent process . 7 . 2 Notwithstanding the designation of the subject property as Permanent Agriculture Reserve in the Durham Regional Official Plan, the Ministry of Agriculture and Food has advised that the application is not contrary to the Food Land Guidelines and therefore the Ministry has no objection to the proposal. . . . .5 REPORT NO. PD-5-91 PAGE 5 7 . 3 In addition, the current zone category (Rc-3) would facilitate the severance application (LD 013/90) without the need for an amendment or a variance to the zoning by-law. Furthermore, the Planning and Development Department notes that no concerns or objections were raised through the circulation of the proposed Official Plan Amendment. 8 . CONCLUSION 8 . 1 In consideration of the comments contained within this report, the Planning and Development Department respectfully recommends that the Region of Durham be advised that the Town of Newcastle recommends that the Official Plan Amendment application be approved. 8 .2 Finally, the Planning and Development Department notes for the applicant's information that conditions such as lot levies, cash- in-lieu of parkland dedication, lot grading plans and road contribution costs will be imposed through the consent process . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawren f Kotseff Director of Planning Chief istrative and Development Officer WM*FW*cc *Attach 17 December 1990 Interested parties to be notified of Council and Committee's decision: G. & M. Hartemink R. R. #3 72 Kurve Inn Road Newcastle, Ontario LOA 1HO Paul Dejagher 1 King Street West Bowmanville, Ontario L1C 1R2 i ; f . KURVE INN ROAD F ( 94 034 z nil- LOT 34 a h ti) O cV u) p '^ W _ Lip J N A CONC. i 02 O LOVEKIN ROAD I•-- 0 w 9� cr- Cl- �a \ rn 4.r l0 20 40m \G� 20m 15 to 5 0 LANDS TO BE SEVERED ®LANDS TO BE RETAINED O.P.A. 90-079/D ,A SUBJECT SITE' LOT 35 LOT 34 LOT 33 LOT 32 I N Am] z I 0 A 4 I y�� w 75 Z 3 q y p KURVE 8 Y a U Z 0 W Et J m � I O 0 HWY. hI° 401 " Z --- 0 C_N.- � z I A ° - i 1 EP 0 50100 200m KEY MAP 10050 0 OmPmAm 9 .) Ll b