HomeMy WebLinkAboutPD-74-90 TOWN OF NEWCASTLE
REPORT File #6o, 36 5 q
N: MEIMA
Res. #
By-Law #
SING: General Purpose and Administration Committee
DATE: Monday, February 19, 1990
REPORT #: PD- 74 -90 FILE #: DEV 89-123
SURJECT: REZONING APPLICATION -MEIMA
PART LOT 23/24, CONCESSION 5, DARLINGTON
FILE: DEV 89-123
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 74-90 be received;
2 . THAT Rezoning Application DEV 89-123 submitted by A. & S. Meima
to permit an agricultural use on lands having less than 2 hectare
(5 acres) be APPROVED;
3 . THAT the amending by-law attached hereto be forwarded to Council
for approval;
4. THAT a copy of this report and the amending by-law be forwarded to
the Region of Durham Planning Department;
5. THAT the amending by-law be circulated in accordance with
regulations made under the Planning Act;
6 . THAT any delegation and those persons listed in this report be
advised of Council's decision.
1. APPLICATION DETAILS
1. 1 Applicant: Andy and Sylvia Meima
1.2 Rezoning: From - "Agricultural Exception (A-1) and "Environmental
Protection (EP) " to an appropriate zone to allow the
establishment of a nursery and landscaping operation on
a parcel of land being less than 2 ha (5 acres) . . . .2
J7l j
REPORT NO. : PD- 74 -90 PAGE 2
1.4 Area: 0.79 ha ( 1. 95 acres)
2 . BACKGROUND
2 . 1 In November 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 establishment of a nursery and landscape operation
on a 0 .79 ha ( 1.95 acre) site, as opposed to the current zone
minimum of 2 .0 ha (5 .0 acres) .
2 .2 The applicants had originally made two appearances before the
Committee of Adjustment on September 21 and October 12, 1989 . The
original submission sought a variance for accessory building area
for a residential lot. This was tabled to allow a revision to the
application as the intent was to utilize the proposed structures
for the nursery and landscape business . The revised submission was
to vary the required lot area for a farm operation from 2 . 0 ha to
0 .79 ha. The application was denied as the Committee of Adjustment
considered this not to be minor in nature. Subsequently said
application was submitted for rezoning.
3. LOCATION
3. 1 The subject property is located in Part Lots 23 and 24, Concession
5, former Township of Darlington. It is immediately on the north
side of Taunton Road halfway between Solina Road and Rundle Road.
4. EXISTING AND SURROUNDING USES
4 . 1 The subject property is zoned "Agricultural Exception (A-1) " and
"Environmental Protection (EP) " . It currently houses a single
detached dwelling, garage and shed and is being used for
residential purposes only. The surrounding land uses include:
North - Agricultural, South - Residential and Agricultural, East -
Agricultural, and West - Residential and Agricultural. . . . 3
REPORT NO. : PD- 74 -90 PAGE 3
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 and
tenant within the prescribed distance.
5.2 The required public meeting was held on November 20, 1989, no one
appeared in objection at the meeting. As of the writing of this
report, no written submissions have been received.
6 . OFFICIAL PLAN POLICIES
6 . 1 Within the Durham Region Official Plan the subject land is
designated "Permanent Agricultural Reserve" with indications of
"Hazard Lands" . The predominant use of lands designated
agricultural is for agricultural and farm-related purposes.
Agricultural and farm-related uses are defined as to include among
other things, nursery operations. The use of land within said
designation for any purpose other than agriculture and farm-related
uses shall not be permitted. The 'landscaping' aspect of the
application does not appear to comply.
7 . AGENCY COMMENTS
7.1 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:
- Durham Region Health Department
- Ministry of Agriculture and Food
- Town of Newcastle Public Works Department
. . .4
REPORT NO. : PD-74 -90 PAGE 4
7 .2 The Ministry of Natural Resources Staff advised that they have no
objection to rezoning and development of the lands zoned (A-1) ,
however the balance of the subject property is traversed by Black
Creek a significant coldwater trout stream that should be protected
from adjacent development activities . Protection should include
a vegetated buffer between the developable lands and the
watercourse. In order to address their concern the current
"Environmental Protection (EP) " zoning should be retained.
7 .3 The Town of Newcastle Fire Department noted no objection to the
development, however, did request that said department be notified
of the quantity and type of hazardous materials which may be stored
on site.
7 .4 Regional Planning Staff have commented that it is their
understanding that the proposed operation will not have a
retail/commercial component and all nursery stock grown will be
used in conjunction with the applicant's landscape business. They
further noted the subject property is designated "Permanent
Agricultural Reserve" in the Durham Region Official Plan.
Nurseries are a permitted activity in said designation. The
landscaping component of the proposal, which suggests
administration and storage of materials and equipment for a
landscaping business, does not appear to be an agricultural
activity and would not conform to the Regional Official Plan
policies .
7 .5 Central Lake Ontario Conservation Authority Staff commented that
approximately one third of the subject site is within the
floodplain of the Black Creek. During Regional Storm events, the
majority of the floodprone area would receive flooding in the range
of 2 .5 to 4 ft. ( 0 . 75 to 1.2 m) . Authority Staff have no objection
to the rezoning of the agriculturally zoned lands but can not
support rezoning any of the existing "EP" lands.
5 80 . . .5
REPORT NO. : PD- 74 -90 PAGE 5
7 . 6 Regional Public Works Staff commented that a 3. 0 m road widening
on the total Taunton Road frontage of the subject property will be
required. In addition, any access onto Taunton Road from the
subject property must conform to the Durham Region's Entranceway
Policy for Commercial Establishments.
Planning Staff had previously been advised through the Town's By-
law enforcement division of Regional Public Works concerns with
regard to sight distances of any proposed access.
8 . STAFF COMMENTS
8 . 1 It is Staff understanding that the landscaping operation as
proposed by the applicant involves off-site contracting only. The
sole component of the landscape operation to be undertaken on site
would be office administration which will be confined within the
existing residence. On this basis, staff consider the landscaping
operation as being a "Home Operation" , provided it does not occupy
more than 25% of the total floor area of the dwelling.
8 .2 The Agricultural designation as described in the Durham Regional
Official Plan and defined in the Town of Newcastle Zoning By-law
recognizes nurseries, as an agricultural use. Staff therefore
recommend an Agricultural Special Exception zone to recognize the
decreased lot area only. This in effect would not permit retail
sale of products from the subject property, or outside storage of
goods except as associated with the nursery operation.
8 . 3 The application would only rezone the lands currently zoned
"Agricultural Exception (A-1) " within the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended. The "Environmental
Protection (EP) " zone would be maintained in compliance with
comments from both Ministry of Natural Resources and Central lake
Ontario Conservation Authority.
. . . .6
D8
REPORT NO. : PD- 74-90 PAGE 6
8 .5 The question of access to Taunton Road is a Regional issue.
Although, it appears that Regional Public Works Staff originally
had some concern with the application and proposed access. The
most recent comments received indicate no objection subject to the
dedication of a road widening and compliance with Regional access
policies .
9 . CONCLUSION
9 . 1 In consideration of the above-noted comments there would appear to
be no objection to the operation of a nursery on the subject
property. The landscape operation is undertaken completely off-
site, save and except for administration office, this aspect of the
operation may be considered a "Home-Occupation" .
9 .2 Staff therefore, would have no objection to the rezoning of the
subject lands to allow an agricultural use which permits a nursery
operation on lands that are less than 2 ha (5 acres) in area.
Respectfully submitted, Recommended for presentation
to th Committee
Franklin Wu, M.C. I .P. rence ;E. Kotseff
DIrector of Planning Chief Administrative
and Development Office
CP*FW*cc
*Attach
9 February 1990
Interested parties to be notified of Council and Committee's decision:
Andy and Sylvia Meima
R. R. # 1
Hampton, Ontario LOA 1JO
D. M. Slocombe,
Operations Technician
Region of Durham
Public Works Department
105 Consumers Drive
WHITBY, Ontario
582
DN: A-39
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 90-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-
law for 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 6.4 'SPECIAL EXCEPTION - AGRICULTURAL (A) ZONE" of
By-law 84-63, as amended, is hereby further amended by adding
thereto the following new Subsection 6.4.39 as follows:
"AGRICULTURAL EXCEPTION (A-39) ZONE
Notwithstanding Section 6.9, those lands zoned A-39 on the
Schedules to this By-law shall be subject to the following
zone regulations:
a) Lot Frontage (minimum) 35 m
b) Lot Area (minimum) 3900 m2
2. Schedule 111" 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-39) " Zone as shown
on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing
hereof, subject to. the provisions of Section 34 of the Planning
Act.
BY-LAW read a first time this day of 1990.
BY-LAW read a second time this day of 1990.
BY-LAW read a third time and finally passed this day of
1990.
MAYOR
CLERK
583
This is Schedule "A' to By-law 90- ,
passed this day of , 1990 A.D.
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