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Home My WebLink AboutPD-309-90 "°°"" TOWN OF NEWCASTLE ,11 REPORT File # ("k 'DN: L I OTTA.GPA Res. # By-Law # METING: General Purpose and Administration Committee DATE: Monday, October 22, 1990 POORT #: PD-309-90 FILE #: DEV 90-043 S[BJECT: REZONING APPLICATION - DEV 90-043 PART LOT 22, CONCESSION 5, TOWNSHIP OF DARLINGTON MRS. LIOTTA (%-REF 90-044/D) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-309-90 be received; 2 . THAT the Official Plan Amendment application, submitted by Mrs. Catherine Liotta to amend the Durham Region Official Plan to permit a 464 .5 m 2 Produce Store and second floor apartment be recommended for DENIAL to the Region of Durham; and 3 . THAT rezoning application DEV 90-043 submitted by Mrs . Catherine Liotta to permit a 464 .5 mZ Produce Store and second floor apartment be DENIED; and 4 . THAT the Region of Durham Planning Department and those persons listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Mrs . Catherine Liotta 1.2 Owner: Mrs. Catherine Liotta. 1.3 O.P.A. From "Permanent Agricultural Reserve" to an appropriate designation to permit the proposed development of a 464 .5 m 2 produce store with a second storey apartment. 1.4 Rezoning: From "Agricultural Exception (A-1) " to an appropriate designation to permit the development of a Produce Store and a second storey apartment. . . . .2 REPORT NO. : PD-309-90 PAGE 2 1.5 Area: 0.55 ha ( 1. 36 acres) 2. LOCATION 2. 1 The subject site is located in Part Lot 22, Concession 5, former Township of Darlington, on the north side of Taunton Road, west of Rundle Road. More specifically, the site is located where the seasonally-operated Liotta Farm Produce Stand was situated prior to it's destruction. 3. BACKGROUND 3. 1 On April 18, 1990, the Planning Department received an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to permit a 464 .5 m 2 produce store with a second storey apartment. 3.2 On June 19, 1990, Staff received notification from the Durham Region Planning Department that an Official Plan Amendment Application had been submitted. 3 .3 In order to meet the requirements of the Planning Act, a Public Meeting was held on July 9, 1990. No one spoke in support or opposition to this application at this time. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Vacated Produce Sales Outlet (Destroyed by a storm in 1989) . 4 .2 Surrounding Uses: East: Hydro Corridor & farmland West: farmland and a single family dwelling South: Taunton Road and Farmland North: Trans Canada Pipeline Easement and farmland 5. OFFICIAL PLAN CONFORMITY 5. 1 The subject property is designated "Permanent Agricultural . . . .3 �JJ3 REPORT NO. : PD-309-90 PAGE 3 Reserve" on Schedule A-5 of the Durham Region Official Plan. The predominant use of lands designated as such shall be for agriculture and farm-related uses . 5.2 The applicant intends to construct a 464 .5 m 2 building for the sale of produce. Section 11.2 .3 of the Durham Region Official Plan states that Agricultural and Farm-related uses shall include "retail stands for the sale of agriculture products produced on the farm unit" . For purposes of interpretation, the intent of this policy is that the majority of products sold be "produced on the farm unit" . In addition, a "retail stand" implies a seasonal structure rather than a year-round building. However, it is the interpretation of Staff that if a "store" is constructed produce could be sold throughout the year, hence implying that produce other than that which is grown on the farm will be sold. 5. 3 The second floor of this structure will be used as a residential apartment. The Durham Region Official Plan policies specify that second-residences on a property shall be used for "farm-help" (Section 11.2 . 6 (c) ) . From information provided by the applicant, it was specified that the apartment will be occupied by themselves, and that the existing single family dwelling located on the property is currently inhabited by an employee of the applicant's business, that being Liotta's Fruit Market. 6 ZONING BY-LAW PROVISIONS 6 . 1 According to the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject property is zoned "Agricultural Exception (A-1) " . Produce sales outlets, as contemplated by the applicant are not permitted in the A-1 zone, hence requiring a zoning by-law amendment. 7 PUBLIC NOTICE AND SUBMISSIONS 7 . 1 Pursuant to Council's resolution of July 26, 1982, and the requirements of the Planning Act, the appropriate signage 'x_754 . . . .4 REPORT NO. : PD-309-90 PAGE 4 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. 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 application as filed: Town of Newcastle Fire Department; Durham Regional Health Unit; and Central Lake Ontario Conservation Authority. 8.2 A number of agencies had no objection to this application provided their comments or concerns have been addressed by the owner. The Town of Newcastle Public Works Dept. requested a drainage and grading plan be submitted, while Community Services asked for a 5% cash-in-lieu of parkland dedication. 8 .3 The Region of Durham Planning Department requested that if approved, the amending by-law not be passed until such time as the Official Plan Amendment has been granted Ministerial approval. 8 .4 Circulation included Trans-Canada Pipelines and their comments dealt with limiting the potential of encroachment onto the pipeline easements both during and after construction. 8 .5 It was noted by the Ministry of Agriculture & Food that according to the Canada Land Inventory, the soils of the subject lands possess an agricultural capability rating of 80% Class 1 and 20% Class 4 . In addition, it was the Ministry's opinion that commercial retail sales outlets of this nature should be located on lands of poor soil capability and removed from agricultural activities . , , ,5 REPORT NO. : PD-309-90 PAGE 5 Their comments also made note of the fact that Section 4A.20(5) of the Foodland Guidelines states that a second residence on a farm is permitted provided that the residence is inhabited by a full-time employee of the farm. The applicant stated that the person occupying the existing residence is a full-time employee of Liotta's Fruit Market, in addition, he helps out on the farm. It is important to the Ministry that the above-noted policy is adhered to. Based on the above comments, the Ministry of Agriculture & Food objects to this application and recommends that it not be approved. 9 STAFF COMMENTS 9 . 1 From information provided, it appears that the applicant wishes to make an amendment to the Durham Region Official Plan for two reasons. One being to permit a commercial/retail use, and the other to allow a second residence, not inhabited by a "full-time employee of the farm" , on the property. 9 .2 Staff note that the subject lands are designated "Permanent Agricultural Reserve" and that according to the policies of the Durham Region Official Plan, lands so designated shall be used predominantly for the purposes of agriculture and farm-related activities. The "Permanent Agricultural Reserve" designation denotes those lands which possess the greatest agricultural capability within the Region of Durham. For this reason, it is important that any developments proposed on such lands are closely examined to ensure that the proposal is compatible with the surrounding land-uses. Comments received from the Ministry of Agriculture & Food state that in their opinion this application is not compatible with the surrounding land-uses, and it is not in conformity with the Foodland guidelines . 9 . 3 The subject property fronts on Taunton Road which is a designated major arterial road intended to convey traffic with minimal .6 REPORT NO. : PD-309-90 PAGE 6 interruption. The proposed commercial use will generate vehicular traffic in and out from the property thus interrupting the smooth flow of traffic on Taunton Road. It is Staff's opinion that the proposed use is not desirable in this area and is contrary to good planning principles . 9 . 3 In respect of the above-noted comments, Staff cannot support either the Official Plan Amendment Application or the Zoning By- law Amendment Application. 10 CONCLUSION 10 . 1 In regard to the above comments, Staff respectfully recommend that this application by DENIED. Respectfully submitted, Recommended for presentation to the Committee o Franklin Wu, M.C. I .P. Lawren a E. Kotseff Director of Planning Chief inistrative and Development Offic HM*FW*cc *Attach 11 October 1990 Interested parties to be notified of Council and Committee's decision: Mrs. Catherine Liotta 579 Labrador Drive Oshawa, Ontario L1H 8H4 SUBJECT SITE LOT 25 24 23 22 21 20 19 18 17 16 15 r t t tCONC.t RD. 7 EP L L I I i I E t t , I EP LO t i � I i 1 I 1 o t I I 1 i All A711 0 U I t z A-1 t I 1 A-14 I -� i O t I t Q I j i i zz A-11 V SEE 1 t EP t w i SCHEDULE 18' ICONCI RD.6 (SOLINA) 1 I r I 1 t 1 A-1' ' �n (A-] i SEE z SCHEDULE 7 1 Q 1 (HAMPTON) 0 >� 00 l REGIONAL RD. No. C36 I C a W ,,,�/ (TAUNTON 'RD.) P Rc r"�1 t z I J t I ! 1 I J 1 , ! t A 0 t i ° z EP j i I tw OV O 250'500 tooOm KEY MAP " D O.P.A. 90-044/D