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HomeMy WebLinkAboutPD-182-90 TOWN OF NEWCASTLE ,'t REPORT File # ' t° DN: DEV89109 .GPA Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, May 22, 1990 REPORT #: PD-182-90 FILE #: DEV 89-109 REZONING APPLICATION - STUART AND JEAN WOOD SECT: PART LOT 28, CONCESSION 6, FORMER TOWNSHIP OF CLARKE FILE: DEV 89-109 RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-182-90 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Kay Lycett on behalf of Stuart and Jean Wood be DENIED; and 3 . THAT the applicant be provided a time period of two (2) years to relocate his trucking business prior to the enforcement of By-law. 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1 . 1 Applicant: Stuart and Jean Wood 1.2 Agent: Kay Lycett 1. 3 Rezoning Application: from "Agricultural Exception (A-1) " and "Environmental Protection (EP) " to an appropriate zone to permit expansion of a non-conforming industrial operation and the erection of a second residential dwelling. 1.4 Land Area: 3 . 67 Ha (9 . 0 Acres) ') 6 / . . .2 REPORT NO. : PD-182-90 PAGE 2 2 . BACKGROUND 2 . 1 An application was received by the Town of Newcastle Planning and Development Department on August 22, 1989, proposing to rezone a 3 .67 Ha parcel of land fronting on Best Road to allow for the continue operation of a non-conforming trucking operation and the erection of a second residential dwelling on the subject land. 2 .2 A covering letter submitted by Mr. Kay Lycett solicitor for the proponents indicates that the existing trucking operation commenced in 1973 when the Wood's purchased the subject lands . The letter further notes "the operation has been a growing and successful business to the extent that expansion in facilities is required to provide further living and office accommodations for Mr. and Mrs . Wood's son" . 2 . 3 The Zoning By-law in effect in 1973, when the trucking operation commenced, was the Clarke By-law 1952 passed May 23, 1968. The subject property was zoned "Agricultural (A) " . A trucking operation was not listed as a permitted use. 3 LOCATION 3. 1 The subject property is located in Pt. Lt. 28, Conc . 6 , former Township of Clarke. It is fronting on the east side of Best Road, north of Regional Road 4 (Taunton Road) and south of Concession Road 7 . 4 EXISTING AND SURROUNDING USES 4 . 1 Existing uses on the site include a two (2) storey frame house, a frame garage, a metal clad shed and metal clad barn. The lands to the north and west of the metal clad shed are used for the storage of the gravel trucks and trailers . In addition the metal clad shed is used for .service and repairs to the vehicles as necessary. 4 .2 Surrounding land uses include: North: existing residential and agricultural land; r (IH . . . 3 REPORT NO. : PD-182-90 PAGE 3 East: agricultural lands; South: agricultural lands and limited residential; West: limited scattered residential development and agricultural land. 5 PUBLIC MEETING AND RESPONSE 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 and the Public Meeting was held January 8, 1990 . 5 .2 In response to the public notice several people attended the Public Meeting as well as several letters of concern or objection were submitted. The correspondence received indicated neighbouring residents had no objection to the proposed second dwelling, however strong objections were voiced to recognizing the existing trucking operation and the proposed expansion of the operation. The following attempts to summarize the issues and concerns presented in objection to the rezoning application. - the trucking operation is not in keeping with the agricultural and conservation spirit of the Best Road neighbourhood. - Best Road is not suited to truck traffic, it is hilly, winding, has poor sight lines, is in poor condition, truck traffic makes it dangerous for pedestrians and cyclists . - the operation is noisy, trucks starting up at 5:00 a.m. and trailers have banging tailgates, diesel fumes not healthy. - the rezoning approval would increase the property value of Mr. Wood's property while decreasing the property values for the surrounding properties . - todate Mr Wood has been considerate of neighbours, however, if he sells the property the zoning will remain on the property and there are no guarantees that the next owner will be as considerate. DO REPORT NO. : PD-182-90 PAGE 4 - the operation is not in conformity with the Official Plan and should be relocated to industrially designated and zoned lands . 6 OFFICIAL PLAN POLICIES 6 . 1 Within the Durham Regional Official Plan the subject property is designated "Permanent Agricultural Reserve" . The proposed use is not permitted within this designation. Said designation is intended to be predominantly used for agriculture and farm-related uses, and any purpose other than agriculture and/or a farm-related use shall not be permitted. 6 .2 However, Section 16 . 6 .5 of the Durham Plan allows for the continuation, expansion or enlargement of non-conforming uses. Council at their sole discretion may zone to permit the continuation, expansion or enlargement of existing uses provided that the following criteria are satisfied: i) have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan; ii) have regard for the Agricultural Code of Practice as amended from time to time, if applicable; iii) are accessible by a public road which is maintained by the appropriate authority as open to traffic on a year-round basis and is of a standard construction adequate to provide for the additional traffic generated by the proposed use; and iv) are subject to any conditions that may be contained in a district plan. 6 . 3 The application therefore does not conform with the existing Official Plan designation, however, a zoning by-law amendment may be approved allowing the application for expansion of a trucking operation should the above-noted conditions be satisfied. 6 .4 With respect to the proposal for erection of a second dwelling, Section 11.2 . 7 of the Regional Official Plan states that bona-fide farmers may be permitted to establish a second dwelling for persons employed on the farm. This is the only policy which permits a ) IQ . . . .5 REPORT NO. : PD-182-90 PAGE 5 second residential dwelling on one property. The proponent is operating a trucking operation and would not appear to qualify as a bona-fide farmer. 7 . ZONING BY-LAW PROVISIONS 7 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject property is zoned "Agricultural Exception (Al) " and "Environmental Protection (EP) " . The "Al" zone is in conformity with the Official Plan provisions and allows agricultural and farm-related uses . The "EP" zone prohibits residential uses and is intended to be used for greenbelt, conservation and forestry uses, a farm exclusive of buildings and flood and erosion control works . The proposal to expand a trucking operation does not comply. 7 .2 The "A-1" zone permits one additional single family dwelling on a farm provided that such dwelling is used by persons employed on the lot, and provided that the lot is not less that 20 hectares in area. 8 AGENCY COMMENTS 8 . 1 The subject application was circulated to a number of agencies and departments for comment. In responding the following departments and agencies advised they have no objection or concern with the application as submitted: - Town of Newcastle Fire Department - Ganaraska Conservation Authority - Durham Region Health Department - Ministry of Natural Resources . 8 . 2 The Town of Newcastle Public Works Department has reviewed the proposal and advised that Best Road is not designed to handle extensive truck traffic and do not support the expansion to the trucking operation. However, should the proposal be approved, the applicant is required to bear the costs ( 100%) of any works on Best Road which are necessitated as a result of this development; . . . .6 5 � � REPORT NO. : PD-182-90 PAGE 6 the applicant will satisfy all the requirements of the Public Works Department financial or otherwise and is required to make application for property access in conjunction with this proposal. 8 . 3 The Community Services Department commented that they would have no objection, subject to the appropriate parkland dedication being accepted as cash-in-lieu. 8 .4 Regional Planning Staff have reviewed the application and advise that the subject property is designated "Permanent Agricultural Reserve" in the Regional Plan and the proposed use is not permitted. However, it is further noted under Section 16 . 6 .5 of the Plan the continuation, expansion or enlargement of non- conforming uses is permitted. With respect to the erection of a second dwelling, Section 11.2 . 7 of the Durham Plan allows only bona-fide farmers to erect second dwellings . Therefore, it appears the erection of a second dwelling is not in conformity with the Official Plan. 8 . 5 The Ministry of Agriculture and Food reviewed the application and advised this application does not comply with the Food land Guidelines, approval would create an incompatible use in a predominantly agricultural area and the Ministry objects to its approval. 9 STAFF COMLONTS 9 . 1 There are two (2) parts to the subject application. The proponent is seeking approval to continue operation of an illegal non- conforming use, and approval for the erection of a second dwelling on the subject property. 9 .2 The Regional Official Plan policies state that only a bona-fide farmer may establish a second residence for persons employed on the farm. Regional Planning Staff have advised that the erection of a second dwelling as proposed does not conform to the Durham � � 2 . . . .7 REPORT NO. : PD-182-90 PAGE 7 Plan. Staff concur with this opinion, as the trucking operation is not farm-related and the applicant does not appear to qualify as a bona-fide farmer. 9 . 3 The proposal to expand the trucking operation has received many objections from neighbouring land owners as noted above. The Ministry of Agriculture and Food advised they cannot support the application as the trucking operation is an inappropriate use in an agricultural area and is not in keeping with the Food Land Guidelines . 9 .4 The Town of Newcastle Public Works Department cannot support this application, citing Best Road is not designed to handle truck traffic as generated from such an operation. 9 .5 The Regional Official Plan designates the subject property "Permanent Agricultural Reserve" and the proposed use is not permitted. Section 16 . 6 .5 of the Plan allows expansion of non- conforming use subject to satisfying certain conditions . i) the proposal should have no adverse effect on the present use of surrounding lands or implementation of the Plan. The existing non-conforming use and proposed expansion thereof is not considered to be compatible with the surrounding agriculture and residential uses. A trucking operation is an industrial type use which should be separated and buffered from a residential area. The legalization and expansion of this use in an agricultural area would be undermining the policies of the Official Plan. ii) the proposal shall have regard for Agricultural Code of Practice. The Ministry of Agriculture and Food advised they cannot support the application and that it does not comply with the Food Land Guidelines policy. iii) the proposal shall be accessible by public road maintained to � � . . . 8 REPORT NO. : PD-182-90 PAGE 8 a standard adequate to provide for the additional traffic generated by the proposed use. Best Road was not designed to handle the volume of truck traffic generated by the existing operation, not to mention expansion of same. Best Road is hilly, windy and has poor sight visibility. Approval of this application would perpetuate an existing undesirable situation at the detriment of road safety. 9 CONCLUSION 9 . 1 In review of the above noted comments it appears that the application does not conform to the Official Plan requirements for the erection of a second dwelling. Although the Durham Plan allows for the expansion of non-conforming uses, the application does not appear to satisfy the four prerequisites as discussed above. 9 .2 In consideration of the above comments Staff cannot support the application. As to the disposition of the current illegal use, Staff is recommending that Mr. Wood be given two years to find a suitable site to relocate his trucking business prior to enforcement of the by-law. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. n Lawrence E. Kotseff DIrector of Planning Chief Administrative and Development Officer CP*FW*cc *Attach 11 May 1990 ! / 4 . . . . 9 REPORT NO. : PD-182-90 PAGE 9 Interested parties to be notified of Council and Committee's decision: Stewart and Jean Wood Edna and Jack Chapman R.R. #1 R.R. #1 ORONO, Ontario ORONO, Ontario LOB 1MO LOB 1MO Kay Lycett L & E. Crossing Box 87 R. R. #1 ORONO, Ontario LOB 1MO ORONO, Ontario LOB 1MO Dominic and Anne Sant Arnold and Rita Van Gooe 6680 Best Road R. R. # 1 R.R. #1 ORONO, Ontario LOB 1MO ORONO, Ontario LOB 1MO Gerald and Laverne Boyd Mr. and Mrs . L. J. Wegner Box 74 6160 Best Road ORONO, Ontario. LOB 1MO R.R. #1 ORONO, Ontario LOB 1MO Andy Van Lith R.R. #1 ORONO, Ontario LOB 1MO Mr. & Mrs . Reid R.R. #1 ORONO, Ontario LOB 1MO Kenneth L. Winters R.R. #1 North ORONO, Ontario LOB 1MO Pauline and Edmund Stephenson 6285 Best Road R.R. #1 ORONO, Ontario LOB 1MO Kenneth D. Richards 6310 Best Road R.R. #1 ORONO, Ontario LOB 1MO Muriel and Adolf Schlacht R. R. #2 BOWMANVILLE, Ontario L1C 3K3 Gordon Burnham R.R. #1 ORONO, Ontario LOB 1MO � jrl W;. SKETCH SHOWING PARCEL TO BE RE- ZONED BEING PART OF LOT 28 , CONCESSION 6 , TOWNSHIP OF CLARKE , now in the TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM SCALE - 1 2000 ( METRIC) .. n n T nl 4i i/1 n "J)l i i_. .v IJ II r.i�. 100-59 ,n `I V/ `V v N O�l' M N M 28 2 PROPOSED HOUSE cli co R 6 �p LQ Q1 (� METAL CLAD 37 4 SHED MF_TAL CLAD U Q BARN 2 STOREY Q LE 5 FRAME MUSE 0 13 7 ''1 U FRAME 0 N OARAOE 47 6 'a Jn Q 100 �4 Qs f / aGG�O JULY 18 , 1989. BROWN & COGGAN LTD. S�Dt I ONTAR 10 LAND SURVEYORS I DIVISION STREET, SUITE 'B' 187 KING STREET EAST BOWMANVILLE, ONTARIO OSHAWA,ONTARIO 623-7251 LIC 222 579-7280 LIH IC2 ® SUBJECT SITE 33 32 31 30 29 28 27 26 25 2423 W�Q) I A'1 z I a>>cn , 1 I I A_1 W J I o _� - I M 3 A-33 I w 1 z EP_3 i M3 0 SEE V SCHEDULE '15' CONC RD.7 (KIRBY) 0 z a r E I I o 0 o i i I I , A ' Y 0 I EP A-1 ( I V W F- I i ^h z w 0 EP Rc A TAUNTON RD. MI-2 I ' a 1 I A ' RC-5 I A 1 I z 1 0 0 I SEE I ( W EP jc SCHEDULE '13' i W . A Z (ORONO) E W o I U z 0 EP ; A-1 rl , o CON .RD.5 r-T 0 280 300 i too" KEY MAP uo" 00 Dev. 89- 109 5 / 7