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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a 0 .79 ha ( 1.95 acre) site, as opposed to the current zone minimum of 2 .0 ha (5 .0 acres) . 2 .2 The applicants had originally made two appearances before the Committee of Adjustment on September 21 and October 12, 1989 .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. LOT 24 I LOT 23 CONCESSION 5 1 ' N c N71044'40"E 60.350! N N a ° h N J C N 3 U) N v m c _.I 3 3 °m o ro z z 5-182>- N 71 Lot Angle TAUNTON ROAD ® ZONING CHANGE FROWA-I ' TO 'A-39 ' 0 10 20 40m Mayor 20 15 10 5 0 Clerk 28 27 2625 2423 22 21 20 19 18 17 I 1 I I % I f I SCHEDULE 'e' CONC.ROAD 6 (EOLINA) o -29 1 0° 1 I o i Z z i o P Z W A-11 N p 1 Jo I SCHEDULE '7' w (n I W I z I o (HAMPTON) (� 3 i i Al I a i Z O TAUNT N ROAD V P (� I I I 1 � A Z z 1 IA IEP I 1 I W 1 0- I I 1 I N I I i I I I I I EP , (� w A-1 i EP 1 `I�Z EP I I I A I I A I 0 0 250 500 1000m Former Township of DARLINGTON 500m 100 ,,`