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Home My WebLink AboutPD-316-89 TOWN OF NEWCASTLE ' t REPORT File # N: MEIMA Res. # .. ^¢ � By-Law # PUBLIC MEETING SING: General Purpose and Administration Committee DATE: Monday, November 20, 19 8 9 REPORT #: PD-316 -89 FILE #: DEV 89-123 (X-REF A 96/89) SUBJECT: REZONING APPLICATION - A. & S. MEIMA PART LOT 23 & 24, CONC. 5, DARLINGTON DEV 89-123 (X-REF a 96/89) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-316 -89 be received; and 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law, as amended, submitted by Andy and Sylvia Meima be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . THAT a copy of Council's decision be forwarded to the interested parties attached hereto. 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) 1. 3 Lot Area: 0 .79 ha ( 1.95 acres) . . .2 REPORT NO. : PD-316 -89 PAGE 2 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 (5. 0 acres) . 2 .2 The applicants had originally made two appearances before the Committee of Adjustment on September 21 and October 12, 1989 .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 structure. This was tabled to allow a revision to the application. The second 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, West - Residential and Agricultural. REPORT NO. : PD-316 -89 PAGE 3 5 . PUBLIC NOTICE AND RESPONSE 5 . 1 Staff would note for the Committee's information that, 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. 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 so designated 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. 7 . AGENCY COMPENTS 7.1 To date comments remain outstanding from a number of circulated agencies . These include: - Newcastle Fire Department - Ministry of Agriculture and Food - Regional Public Works Department - Central Lake Ontario Conservation Authority 7 .2 Regional Health has commented and have noted that approval is not recommended until a suitable site plan illustrating the location of the tile bed, the well and neighbouring well is provided. The applicant has been made aware of Regional Health's comments . 4 REPORT NO. : PD- 316-89 PAGE 4 7 .3 The Ministry of Natural Resources Staff have provided comments indicating no objection in principle to the proposed rezoning. However, they note that the subject property is traversed by Black Creek, a significant cold water trout stream. The Ministry advised that a vegetated buffer be maintained between the developable lands and the watercourse and that the current "Environmental Protection (EP) " zone be maintained. 7 .4 Town of Newcastle Public Works Department Staff have reviewed the application and noted no objection in principle. 8 . STAFF COMMENTS 8. 1 It is Staff understanding thatthe landscaping operation as proposed would consist of custom work for clients as a component of the nursery operation. No retailing is to take place on site and all landscaping work utilizes nursery stock from the farm with the completed work to be undertaken off site. 8 .2 As this application is considered to be for a farm-related use and not a commercial use a site plan approval is not required. As previously noted, the "Permanent Agricultural Reserve" designation permits a nursery as a farm or agricultural use. Although a landscape operation is not specifically listed within the Official Plan, it could be construed as complimentary to the nursery operation as long as the operation does not involve retail sales or other usage contrary to the intent of the "Permanent Agricultural" designation in the Durham Region Official Plan. 9 . CONCLUSION 9 . 1 As the purpose of this report is to address the requirements of a Public Meeting as stipulated under the Planning Act and in consideration of the comments outstanding, Staff recommend the application be referred to Staff for further processing. �.S REPORT NO. : PD- 316-89 PAGE 5 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence E. Kotseff DIrector of Planning Chief Administrative and Development Officer�' CP*FW*cc *Attach 23 November 1989 Interested parties to be notified of Council and Committee's decision: Andy and Sylvia Meima R.R.#1 Hampton, Ontario LOB 1J0 50 ® SUBJECT SITE 28 272625 2423 22 21 2019 18 17 SEE I SCHEDULE 'e' CONC. ROAD 6 I (SOLINA) I q L0 I 0 I o o i Z I z 1 i o i 0 0 z � A-1• SEE I I W _ O 1 p 1 J SCHEDULE 'T' W Q I I N 1 ? 1 = (HAMPTON) V Al o-14 I TAUNT N ROAD V if I o P I I I ( � A z A1 ' z 10 1 I W EP I I 1 I I I I to 1 W TA EP 1 I Z EP A i V 0 m 300 lowm KEY MAP 30', w Dev. 89- 12 3