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Home My WebLink AboutPD-243-90 ATTACHMENT # 1 TOWN OF NEWCASTLE DN: OCHONSKI.REP REPORT. file- # Res. # By-Law # • 7I :. GENERAL PURPOSZ. AND ADMINISTRATION COMMITTED DATE: Monday, July 23, :199.0 REPORT #: �n_�d•�-90 FILE #: Ag-i44%n ; SLI&JE : OFFICIAL PLAN AMENDMENT PART LOT 30, CONCESSION 5, FORMER TOWNSHIP OF CLARKE OCHONSKI 'RECQMMIfNbATIONS: It; is res �cull" =: recommended that: the. General ose & tf P Y . . .. Pu'rP.. �:Adr�iin3:strat on�ommg�t '�eco�imend o= Coun�31.""the`: o.�gg�.owing: -°rs�- „�` ° ��,� " •'1'. THAT.Repbrt��PD=243-90-=be�rece�ved;. '� ` �: �,xi ._ _. 2. THAT it' b6"`"recommended 'to' the Region =of= 'DUrharu that :the w::> ' Official Plan Amendment .application 89=144./D* submitted by W,K..._.,,-,-.1,_. ~, Lycett":;on behalf;:z of;; Jan.:t and .Janina Ochonski.;;;to :amend,.,, the zT� =� Region 0fficialPlanfrom-General. Agriculture� toMajor; pen # Space be denied. .y - 3. THAT the"'Region z of k Durham Planning Department- and:,�.those persons listed =in`:th- report;and 'any delegation be advised..- _ . - of Council's decision. BACKGROUND AND COMMENT: if'_L - . . 1. APPLICATION DETAILS 1.1 Applicant:. W.K. . Lycett 1.2 Owner: Jan and Janina Ochonski 1.3 O.P.A. : From General Agriculture and Major Open Space to Residential 1.4 Area: 0.6 (1.48) ha (acre) REPORT PD-243-90 PAGE 2 : 2. LOCATION r . 2 . 1 The subject property is located in Part *Lot 30, Concession 5,• former Township of Clarke. The lands are further defined as being on the- Gast side' of •Ochohski - toad halfway between Station., Street,'.and. Taunton Road.• A 'single. family' dwelling, being:.the applicants house, Is presently situated:gn the site. 3. BACKGROUND' 3. 1 In 1988, the Owner had submitted an application for •consent to sever the subject parcel (LD 372/88) to create a "retirement.. lot" , On June 13, 1988, the Durham- Region Land { ' . Division Committee denied the application based upon the fact that• the:..applicant does .not qualify *;.-...a boftaf ide. farmer. 3:•2 . ME.` appljed 'to sever the:subject property again in 1989 (LD 628/89•)': - According to this application, • it was - _ • . . stated'<that .•the `retained g latr bein 0.6 ha: in size, •shall be { r frutsed,� foX, retiaceident}`purposes. T,and. Division •:Committee tabled this^:a lication endi:ri an •Of ficial Plan .Amendment PP P g: . application..::., On January..10, 1990, the Planning Department received ;- .notification that ._the required_. Official Plate Amendment:.applicata on had _been submitted .. t:•i,.. .y',.•,:>. .ir K.1.t t ... :.xr:.+'-: ...,;;;.v,.p_,r..yr n f.* r _ -. - .._ , - ., •17.=75-:. __<- .-- - _ . a4. EXISTING AND SURROUNDING:USES:.- -4.1 ' .Existing Uses: _ Single Family Dwelling and Farm Land 4.2 Surrounding. Uses:-..., East: : Farm Land .: West: ' Farm-Land''and Existing Single Family Dwelling z t ..South: ,,. Farm.,Land . .•. r • a � 4 North: -.-,`FarmLand-:'and Existing •Single FamilyDweliing' ' S. OFFICIAL- PLAN POLICIES 5.1 The subject property is designated "General Agriculture" and "Major Open Space"-'on Schedule "A5" of the Durham Region r REPORT pD-243-90: PAGE 3 Official Plan. Lands so designated shall be used for ' agriculture, farm related uses and conservation purposes. According to Section 11.2 .6 of the Durham 'Region Official Plan, non-farm residential uses shall only be permitted as a •retirement• lot for a bonafide farmer; .far a •surplus dwelling; or for am:-interfamily.. lot. , hn .Addit on;. -Section 10:2.1.2 :states that "The development of new•non-farm residential :uses shall ' be_ discouraged," hence the `3necess.ity for an Official1:.': Plan Amendment. 6. ZONING 6 .1 According to the Town of Newcastle Comprehensive Zoning By- law 84-63, as amended,.amended, the ' subject 'property .. is . zoned '1Agr1dultbr4l.. (A)." and "]rnvironmonta,1 -Protection. (EP).- . Land., so zoned 'shall be used: ,for farm related activities and'for purposes of conservation. Staff* . riote that if the Land ..;Division _.Committee .grants. th e •application for: consent, .the :: severedportn�' wl] rioti:°comply for Section f'.3: of 'the°:Zoning. ' By=law-which statcs' that the riiinimum,lot area must .be •4b ha 4 . In this case; the severed.portion, if approved, w111: have a lot area of 38.1 ha and in order to bring this parcel- Into - .compliance with.the :.Zoning. By-law, either a minor. variance .or _ an amendment to the -Zoning By-law is required. In -addition, - the Owner must comply with the Zoning By-law to ensure all structures are setback a minimum of 3 metres from the "Environmental Protection (EP) " zone (Section 3.19a) . 7. PUBLIC NOTE AND SUBMISSIONS 7.1 --Pursuant"'to' Council Is 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. As of the writing of this report, no written submissions have been received. . REPORT PD-243-90 PAGE 4 -8. AGENCY COMMENTS 8. 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies, in providing comments', 'offered no. objection to the applicatiari as •filed: .Tolotn.of .Newcastle Public Works Department, Town of Newcastle Fire Department, Durham Region health Unit and the Ministry of Natural Resources. 8.2 Comments were received from a number of agencies which noted that they have no objection to the proposal provided that their comments and/or concerns are dealt with accordingly, For' instance, the . Town of Newcastle Community Services Department. requested that 5.per Gent Leash=.in-lien.bf' parkland, be -provided- by`-the 'owner. • The Ganaraska- Region-Conservation. Authority 'has noted that a portion of the subject lands are zoned.- "Environmental 'Protection.. (EP) " and that any,work. that ' occurs- within th6 '' EV• zone**mustt receive. prior approval from. "w. the Conservation Authority: 8.3 The kinistry of Agriculture .and Food noted that they object to the*proposed development as it does not conform to the Food Land Guidelines since the nature of the .application does not appear to be farm related. According to the "Foodland Guidelines" where lands are to be used for purposes other. than agriculture, the use must be justified and the need for the alternative use documented. 9. STAFF COMMENTS 9.1 Staff note that the"applicant. has -'received Land Division Committee approval for a total of 4 residential lots on Ochonski Road since 1988. Mr. Ochonski had previously applied . to sever the subject property as a retirement lot. in 1988, however, the Land Division Committee denied the application on the grounds that Mr. Ochonski does not qualify as a REPORT PD-243-90 PAGE 5 bonafide farmer. on . July 24, 1989, . a '.second: consent application 'was submitted by Mr. Ochonski ' for the subject property. The Committee tabled this . application pending a decision regarding the Official Plan Amendment spplicat;ion. 9.2 If' and.•,when. Council approves this' applicatl'oft .for Of.fi cial Plan Amendment, it would. 'facilitate the creation of two lots (Lb 628/89) . The larger of the-.'two parcels created,' having a lot area of 38. i ha, would be in contravention of the minimum lot area requirement of 40 hectares as stated in Section 6 .3 of the Town's Zoning By-law. In addition, Section 3. 19a of By-law 84-63 notes that all structures, existing or proposed,.- must. be setback • a :minimum• of 3 -metres from an "Enviroriniei�tal protection (EP) zone.. . .**,-,From the .information ' provided •by he. applicant, it was difficult• to .deteriiiin6.'if. the: existing structures •comply .to. 'this requirement.' 3. It:.is noted•that the subject;•property. •abuts, a ."Riiral Cluster", . however; :the`r`�Durhara* Region° :Off s al . Plain.': prohibAs the.. .t extension of.-,a "Ruratl:'Cluster In addition, Section 10:2.1.2=" of the Regional Plan states that' "The development of new non-farm residential uses shall be discouraged. Such uses shall be encouraged to locate in the hamlets. " :. . 9.4 Staff believe that the creation of this- non-farm residential f lot may encourage . applications for additional lots:; along Ochonski Road. The creation of more residential lots;in this area would perpetuate undesirable strip development .which is contrary to good planning principles. 9.5 It has been noted that this proposal does riot.,comply to the "Food Land Guidelines- .`'` Goals of this provincial -policy._c : include, retaining the existing agricultural land inventory and discouraging non-- farm related severances. 9 .6 Based on the above-noted comments, Staff believe that this application does not warrant special exemption from the provisions of the Durham Region Official Plan. REPORT PD-243-90 PAGE 6 10:' CONCLUSIONS 10. 1 In regard to the above comments, Staff respectfully recommend that this application be DENIED. Respectfully submitted, Recommended- for presentation• to the• Commit-tee Franklin Wu, M:.C.I.P. Lawrence E. Kotseff, M.C.I.P. Director of Planning Chief Administrative and Development Officer ( HM*FW*lp INTERESTED PARTIES -TO - B. NOTIFIED OF CIOMMITTEE AND COUNCIL'S DECISION; Jan and Janina, Ochonski :��` R.R. -#2 - . - •.. - . • - bRONO; Ontario ` LOB ' M0 W.R. Lycett ORONO, Ontario LOB 1M0 t r //1N/1►N/11NNUNMNIINNN►NINNNI ItN/ NNf !►INIIIIIIIII NIIINI/t/11//UI Ito 111/u lu lu I Mluu 9-4111&$111H Awl Nu fit l uuuuu..... 'I"!""""'"" OCHONSKI ro D m ROAD �I -o 0 £ o °I w • ID O C. lookookol D � . 211 (10 ..' N MAIN STREET REGIONAL ROAD 17.r MUL O M v �'• N . N N OD' t 1 Attachment + 1 TAUNTON ROAD PREVIOUSLY SEVERED BY L.D.7131714 5 715/88 ANDS-TO BE o SEVERED .. o Y U • O �.. PREVIOUSLY SEVERED BY L.D.371/88 EXISTING RESIDENCE LANDS TO BE .RETAINED LOT 30 , CONCESSION 5