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Home My WebLink AboutPD-6-88 DN: 6-88 TOWN OF NEWCASTLE u REPORT File # Res. # � �. By-Law # (STING: General Purpose and Administration Committee DATE: Monday, January 4, 1988 REPORT #: PD-6-88 FILE #: DEV 87-89 SI1BJECT: REZONING APPLICATION - JAN OCHONSKI PART LOT 30, CONCESSION 5, FORMER TWP. OF CLARKE OUR FILE: DEV 87-89 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-6-88 be received; and 2. THAT the application submitted by Mr. Jan Ochonski to rezone a parcel of land located in Part of Lot 30, Concession 5, former Township of Clarke to permit the development of two (2) additional residential lots be approved in part, and that the by-law attached hereto to permit the development of one (1) additional residential lot within a Node/Cluster be approved and forwarded to Council for approval; and 3. THAT a copy of said report be forwarded to the applicant. BACKGROUND AND COMMENT: On November 2, 1987, the Planning Department received an application for rezoning submitted by Jan Ochonski to rezone a parcel of land in Part Lot 30, Concession 1, former Township of Clarke to permit the development of two (2) additional residential lots; one being for retirement purposes, and the other as an infilling lot. . . .2 REPORT 00. : PD-6-88 PAGE 2 _______________________________________________________________________________ The subject lands are designated as "Major Open 89aoen and xQeuecaI Agricultural Areas" in the Durham Regional Official PIau, The Regional Official Plan states that the predominant use of lands under these designations shall he for agricultural and farm-related uses. The Dlmu also states that the development of new non-farm residential uses shall be discouraged within both designations ouleon it is a farm related retirement lot or ouIeoa such development proceeds in the form of iufilIiog between existing residential dwellings or as a minor extension of one additional lot on the periphery of the existing residential development provided that such development is recognized as a Residential Node or Cluster in the local municipality's Zoning By-law. The subject lands are currently zoned as "Agricultural (&)n and "Environmental Protection (EP)" within the Town of Newcastle's Comprehensive Zoning By-law 84-63' as amended. Within the "EP" zone, residential ooea and uses accessory thereto are prohibited. Staff would note that a very small portion of the proposed retirement lot is within the 118P11 zone. The "&x zone does permit non-farm residential oaeo which predate the present by-law. However, new lots created by severance and structures thereon must be in accordance with Regional Official Plan provisions. 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 aignage acknowledging the application was installed on the subject site. In accordance with departmental Dcooedoceov the application was circulated to obtain onnxnenta from other departments and agencies. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Durham Regional Health 8acvioeo - Newcastle Fire Department | | - Newcastle Hydro Electric Commission ' - Ministry of Agriculture and Food - Ministry of Natural Resources � | . . .3 � _ry(9) REPORT NO. : PD-6-88 PAGE 3 ------------------------------------------------------------------------------- The Town of Newcastle Public Works Department requested the Owner contribute to the cost of upgrading Ochonski Road. The contribution would amount to $1,500.00. The Town of Newcastle Community Services Department offered no objection but requested 5% cash-in-lieu of parkland dedication, where applicable, should Committee deem it appropriate to approve the rezoning application. Staff would note that the comments of the Town Departments would be incorporated within Staff's comments to the Land Division Committee. The Ganaraska Region Conservation Authority offered no objection to the proposed rezoning conditional upon the existing IIEPII designation relating to the Regional Storm Floodplain in the southeast corner of the southern lot, be retained. Staff have reviewed the application with regards to the Regional official Plan and Zoning By-law. There are policies in place to recognize and delineate Rural Clusters in the Regional official Plan. Accordingly, the characteristics of a Node or Cluster are as follows: M the cluster is recognized as a definable separate entity and is of a size so as not to be considered as scattered or strip development; (ii) the entire cluster, including areas proposed for development, is identified in the District Plan, local Official Plan, and/or restricted area Zoning By-law. Once defined no further extensions to the cluster shall be permitted; (iii) the existing group of dwellings are on relatively small lots generally being less than approximately 3 ha; (iv) new clusters shall be discouraged from locating on a Provincial Highway or Type "All Arterial road; and (v) development within the cluster is compatible with the surrounding uses and conforms with the Agricultural Code of Practice." .. .4 REPORT 0O. : PD-6-88 D&QQ 4 ON ------------------------------------------------------------------------------- The Town also has its policy on bow to identify a Node or Cluster. "For the purposes of this policy, rural Nodes or Clusters are defined as areas of rural non-farm related residential development which exhibit similar lot characteristics and contain a minimum of three (3) and a maximum of six (6) existing residential Iutu for which building permits would be available and within vvbicb iutilIiog may onooz oD to a maximum of three (3) additional lots. & rural Cluster obaII be defined as areas bounded on, at least three (3) sides by natural or physical boundaries such as xmtecnoucaea or public streets. In addition to the foregoing, rural Nodes or Clusters shall not be permitted in ocemo designated no "Permanent Agricultural Reserve" by the Regional Official Plan. In other designations Nodes or Clusters shall not be permitted in areas located adjacent to active, agricultural operations. Where a Node or Cluster is designated it moot comply with the Agricultural Code of Practice and the applicable provisions of the Town's Dmuiug By-law." The Durham Regional Planning Staff have verbally commented that the proposal, in part" does not conform to the characteristics noted above in the Regional Official Plan. Regional Staff have indicated that the proposed retirement lot does not conform. In addition, Regional Staff is of the opinion that the retirement lot can be created through the land severance process and the rezoning not necessary, provided that the applicant can meet the necessary criteria outlined in the Regional Official Plan. The lot noted as the "iutilliug lot" however, does conform to Section I0.2.1.4 in the Regional Official Plan which states that, in ' exceptional circumstances, a minor extension as one additional lot may be created on the periphery of the existing residential development. Staff would note that there is extensive residential development on the east aide of Oobouahi Road which can be identified as o Cluster. Furthermore, Staff pmoId note for the Committee's information that the defined Cluster is identified in the Town's Policy as being bounded by three natural or DbyaiooI boundaries; in this case, the road to the west and a watercourse to the south and east of the proposed Cluster (see attached) . :rV REPORT NO. ; PD-6-88 PAGE 5 _______________________________________________________________________________ Given the above comments and the recommendations an identified by Regional Staff in considering the policies of the Regional official Plan, Staff are in a position to support the above for only the «iotilIing lot" as submitted. Staff would note as indicated by Regional Staff, the approval of a retirement lot, as e farm related severance, nbuuId proceed through the available avenue as contained presently in the Regional official Plan. Accordingly, the by-law attached to this Report would permit the development of one (l) additional residential lot. . Respectfully submitted, Recommended for presentation -- to the Committee ----------------------- ---- �T)t-rm--t-iv- e--0--ff--in-e--c - T.T. Edwards, M.C.I.D. � �reuce taetf Director of Planning � 7f &d i {]IV*T2E* 'ip *Attach. December 16' I987 CC: Mc. Jan Ocb000ki R.R. #3 ORO0O' Ontario LOB lM0 PTO TAUNTON tM-7 - ROAD t - Dev. 87-89 I n 1 LOT 30 CONC. 5 o \ e � >e � o 1 ' FLOOD LINE 3se.y2. _ i 1 SUBJECT, SITE r � 1 1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of 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. Schedule 1113" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A)" to "Rural Cluster (RC)" as indicated on the attached Schedule "X" hereto. 2. Schedule "X" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 35 of the Planning Act. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. i MAYOR CLERK This is Schedule X to By-law 88- , passed this day of , 1988 A.D. REGIONAL ROAD 4 TAUNTON ROAD ) , Mo �M �o �h � z Q N72 016'30"E 60-96 rr I I � 2 Y - o LOT 30 , CONCESSION 5 U 3 0 -.0 M M IM <Y Ot O ti r z z 6096 N72 016'30"E ®ZONING CHANGE FROM IA' TO SRC 0 10 20 40 60 IOOm Mayor 20 10 0 Clerk LOT 30 LOT 29 LOT 28 N N 4 REGIONAL ROAD 4 , I TAUNTON RD RI-2 RI-13 A EP I I , EP O� RI-2 Cr ' z<° Q I i•13 o� SUBJECT cn_ Lj A I RI-2 U0 z i R1. 2 00 EP z � I i RI-2 0 100 200 ORONO 50`++O� m `��