HomeMy WebLinkAboutPD-3-90 TOWN OF NEWCASTLE
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PUBLIC MEETING
MEETING: General Purpose and Administration Committee
DATE: Monday, January 8, 1990
REPORT #: PD-3-90 FILE #: DEV 89-109
SUBJECT: REZONING APPLICATION- S. & J. WOOD
PART LOT 28, CONC. 6, CLARKE
DEV 89-109
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-3-be received;
2 . THAT application to amend the Town of Newcastle Comprehensive
Zoning By-law, as amended, submitted by Stewart and Jean Wood be
referred back to Staff for further processing and the preparation
of a subsequent report upon receipt of all outstanding comments;
and
3 . THAT a copy of Council's decision be forwarded to the
interested parties attached hereto.
1. APPLICATION DETAILS:
1. 1 Applicant: Stewart and Jean Wood
1.2 Rezoning: From- "Agricultural Exception (A-1) " and
"Environmental Protection (EP) " to an
appropriate zone to allow the expansion of a
trucking business and erection of a second dwelling
1.3 Lot Area: 3 . 67 ha (9 .07 acres)
2 . LOCATION
2 . 1 Legal Description: Part Lot 28, Concession 6, former Township of
Clarke
5, 18 . . .2
REPORT NO. : PD-3-90 PAGE 2
2 .2 Relative Location: 1193.5m (3195 ft) north of Regional
Road 4 (Taunton Rd. ) on the east side
of Best Road, south of Concession Rd. 7 .
3 . BACKGROUND
3 . 1 In August 1989, the Town of Newcastle Planning and Development
Department received an application to amend the Town of Newcastle
Zoning By-law 84-63, as amended. The rezoning application seeks to
permit the expansion of a non-conforming use and erection of a
second dwelling to allow further living and office accommodations
for Mr. & Mrs. Wood's son Douglas.
3 .2 A trucking operation was established on the property in 1973 when
Mr. and Mrs . Wood purchased the subject lands . Under the zoning
by-law in effect at the time, Clarke by-law 1592 passed May 23,
1968, the subject property was zoned "Agricultural (A) " . A trucking
operation would not have been a legal use under the "A" zoning.
4 . EXISTING AND SURROUNDING USES
4. 1 Existing uses: single family residential and
non-conforming trucking business
4 .2 Surrounding uses: East - agricultural and valleylands
West - agricultural and limited rural
residential
North - agricultural
South - limited rural residential and
valleylands
. . . 3
519
REPORT NO. : PD-3-90 PAGE 3
5. OFFICIAL PLAN POLICIES
5. 1 Durham Region Official Plan
Within the Durham Region Official Plan the subject lands are
designated "Permanent Agricultural Reserve" . The predominant use
of lands so designated shall be for agricultural and farm-related
uses . Within this designation, the use of land for any purpose
other than agriculture and farm-related uses shall not be
permitted.In Agricultural areas, a bona-fide farmer may establish
a second permanent or portable farm-related dwelling on the
existing farm parcel for persons employed on the farm.
Additionally, Section 16 . 6 .5 specifies that this Plan is not
intended to prevent the continuation, expansion, or enlargement of
uses which do not conform to the designations and provisions of
this Plan. The Councils of the area municipalities may zone to
permit the continuation, expansion or enlargement of existing uses.
6 . PUBLIC NOTICE AND RESPONSE
6 . 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.
. . .4
520
REPORT NO. : PD-3-90 PAGE 4
6 .2 The owner of lands to the west of the subject lands submitted a
letter expressing concerns over the safety of increasing the number
of trucks using Best Road. Several telephone inquiries were
received expressing similar concerns .
7 . COMMENTS FROM AGENCIES
7 . 1 In accordance with departmental procedures, the application was
circulated to obtain comments from other agencies . The following
departments/agencies in providing comments, offered no objection
to the application as filed:
-Town of Newcastle Fire Department
-Ganaraska Region Conservation Authority
-Regional Health Department
-Ministry of Natural Resources
7 .2 The Town of Newcastle Community Services Department requested that
the 5% dedication requirements be accepted as cash-in-lieu.
7 . 3 The Town of Newcastle Public Works Department requested that the
Applicant will bear the cost ( 100%) of any works on Best Road which
are necessitated as a result of this development.
7 .4 The Ministry of Agriculture and Food has commented and noted that
approval is not recommended since the application does not comply
. . .5
X21
REPORT NO. : PD-3-90 PAGE 5
with the Food Land Guidelines. The Ministry noted that approval
would create an incompatible use in a predominantly agricultural
area and the proposed development would not appear to be farm
related in nature.
7 .5 Comments remain outstanding from the following agencies :
-Regional Planning Department
-Regional Works Department
-Ministry of Transportation
-Ontario Hydro
8. STAFF COMMENTS
8. 1 In reviewing the application with respect to existing Official Plan
policies Staff note that Section 11.2 .2 of the Durham Region
Official Plan would allow only agricultural and farm related uses
in agricultural areas and note concerns raised by the Ministry of
Agriculture and Food over the inappropriateness of the expansion
of an industrial use in an agricultural area. Staff also note
safety concerns raised by members of the public over the potential
increase in the number of trucks using Best Road.
8.2 11.2 .7 of the Durham Region Official Plan only permits a second
dwelling for farm related purposes . Staff has concerns with respect
to the conformity to this provision and question the need for a
second dwelling for the operation of a trucking business.
. . .6
522
REPORT NO. : PD-3-90 PAGE 6
8 .3 In as much as Section 16 . 6 .5 permits expansion of legal non-
conforming uses, Council must be satisfied that the rezoning and
expansion would have no adverse effects on surrounding land uses
or implementation of the Official Plan provisions; have regard for
the Agricultural Code of Practice; are accessible by public road;
and is constructed to standards adequate to provide for the
additional traffic generated.
9 . CONCLUSION
9 . 1 As the purpose of this report is to address the requirements of a
Public Meeting under the Planning Act, Staff recommends the
application be referred back to Staff for further processing.
Respectfully submitted, Recommended for presentation
to the Committee
d ,/,/ , " -
Franklin Wu, M.C.I .P. *Cief nce E. o eff
DIrector of Planning Administrative
and Development Officer
DM*FW*cc
*Attach
2 January 1990
Interested parties to be notified of Council and Committee's decision:
Steve and Jean Wood
R.R. # 1
Orono, Ontario LOB 1M0
Kay Lycett
Box 87,
Orono, Ontario LOB 1M0
Dominic & Anne Sant
R.R. # 1
Orono, Ontario LOB 1M0
523
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