HomeMy WebLinkAboutPD-71-88 DN: 71/88 d �
TOWN OF NEWCASTLE
REPORT File # ��}
Res. #
By-Law #
hELTING: General Purpose and Administration Committee
DATE: Monday, March 21, 1988
REPORT #: PD-71-88 FILE #:DEV 86-19
SUB.ECT: REZONING APPLICATION - WILLIAM AND KATHERINE ROWLAND
PART LOT 31, CONCESSION 7, FORMER TOWNSHIP OF CLARKE
OUR FILE: DEV 86-19
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-127-86 be lifted from the table and be received for
information; and
2. THAT Report PD-71-88 be received; and
3. THAT the application for rezoning of Part Lot 31, Concession 7, former_
Township of Clarke, submitted by William and Katherine Rowland, to permit
the creation of four (4) residential building lots be denied.
4. THAT the applicants be so advised.
BACKGROUND AND COMMENT:
On May 20, 1986 Committee considered Staff Report PD-127-86 (copy attached) , in
consideration of an application for rezoning submitted by William and Katherine
Rowland, to create four (4) residential building lots in Part of Lot 31, Concession
7, former Township of Clarke. Report PD-127-86 was tabled at the request of
applicant and was referred back to Staff pending further dialogue and review
between Staff and the applicants. In that regard, Staff was approached by Mr.
Rowland, Wednesday March 2, 1988, and asked that the matter be lifted from the
table and that a recommendation be brought to Committee.
...2
REPORT NO. : PD-71-88 PAGE 2
Staff would note for the Committee's information that the subject rezoning
application was initially recommended for denial in May of 1986 because it did not
qualify as a distinct node or cluster within the Durham Regional official Plan or the
Town of Newcastle Official Plan. Shortly after the tabling of the application,
Staff met with the applicant to further review the situation and the rationale
behind the Staff recommendation. Following thereon the applicants formally
requested that no further action .be taken until January, 1987. The applicants were
not heard from again until March 2, 1988.
Staff have again reviewed the application and have noted that the subject lands are
designated as "Major Open Space - Oak Ridges Moraine" in the Regional official Plan.
The Plan states that the predominant use of lands under this designation shall be for
agricultural and farm-related uses. The Plan also states that the development of new
non-farm residential uses shall be discouraged within the "Major open Space',
designation unless such development proceeds in the form of infilling between
existing residential dwellings and provided that such development is recognized as a
node or cluster in the local municipality's Zoning By-law.
The subject lands are currently zoned as "Agricultural (A)" in the Town of
Newcastle's Zoning By-law 84-63, as amended. This zone does permit non-farm
residential uses which predate the present by-law. However, newly created lots by
severance and structures thereon must be done so in accordance with the Regional
Official Plan provisions.
Section 12.2.1.3 of the Regional Plan states that clusters shall contain the
following characteristics:
(i) 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
. . .3
<�
REPORT NO. : PD-71-88 PAGE 3
(v) development within the cluster is compatible with the surrounding uses
and conforms with the Agricultural Code of Practice."
The Town also has its policy on how to identify a Node or Cluster. The
attachment to Report PD-180-86, which was presented to Council, outlined the
criteria which Staff examine:
"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 lots for which building permits would be available and
within which infilling may occur up to a maximum of three (3) additional lots.
A rural Cluster shall be defined as areas bounded on, at least three (3) sides
by natural or physical boundaries such as watercourses or public streets."
In addition to the foregoing, rural Nodes or Clusters shall not be permitted in
areas designated as "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 must comply with the Agricultural Code of Practice and the
applicable provisions of the Town's Zoning By-law.
Staff is of the opinion that this application does not fall within the definition
set by either of the two policies. Firstly, the proposed lots are not similar in
size and characteristics of the surrounding residential lots, noting for the
Committee's information that the surrounding lots are much larger than the proposed
lots with consideragble frontages. The lot directly north of the subject lands has
a lot area of 1.35 hectares with a frontage of 117 metrtes along Leskard Road, and
the lot directly south has a lot area of 2.17 hectares and 365 metres frontage on
Leskard Road. Given this, Staff are of the opinion that the creation of new lots
on the subject lands would only constitute strip development along Leskard Road.
Accordingly, Staff are still not in a position to support the application.
Respectfully submitted, Recommended for presentation
to 4e Committee
C�
T. * Edwards, M.C.I.P. L7a rence\L Kotseff
Director of Planning Chief Ad l istrative Officer
CRV*TTE*bb
*Attach.
March 9, 1988
Applicant: Mr. & Mrs. Wm. Rowland
R. R. #2
ORONO, Ontario
LOB 1M0
TOWN OF NEWCASTLE
REPORT
F i le #
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Tuesday, May 20, 1986
REPORT #: PD-127-86 FILE #: DEV 86-19
SUBJECT: REZONING APPLICATION - KATHERINE & WILLIAM ROWLAND
PART LOT 31, CONCESSION 7, FORMER TWP. OF CLARKE
OUR FILE: DEV 86-19
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-127-86 be received; and
2. THAT application for rezoning DEV 86-19 submitted by Katherine and Wil li am Rowland
be denied without prejudice; and
3. THAT a copy of Council 's decision be forwarded to the applicant.
BACKGROUND:
On March 26, 1986, an application was submitted by Katherine and William Rowland to rezone
a 3.8 hectare (9.43 acre) parcel of land located in Part Lot 31 , Concession 7, former
* Township of Clarke (see attached key map) to permit the creation of four (4) residential
building lots. The subject property is designated "Major Open Space - Oak Ridges Moraine"
by the Durham Regional Official Plan and are zoned "A-1 Agricultural " by By-law 84-63, as
amended. By-law 86-41, which made a number of general amendments to By-law 84-63 and
which was approved by Council on March 24, 1986, rezoned a large area, including the
. . .2
REPORT NO.: PD-127 Page 2
subject lands, to the south and east of the Hamlet of Leskard from "A-1" to
"A". However, the Region of Durham has submitted an objection to By-law
86-41 in respect of the proposed zoning of an unrelated property. The
subject lands are currently occupied by one (1) single family dwelling
occupied by the applicants.
In accordance with departmental procedure, the subject application was
circulated to various agencies and departments for comment. The following
is a summary of the major comments received:
Town of Newcastle Public Works Department
_"We have reviewed the above-mentioned application for rezoning and find we
have no objection in principle to this proposal provided that:
1. The applicant contributes to the upgrading of Leskard Road; and
2. The appicant satisfies the Public Works Department with respect to
drainage, accesses and road widening."
Town of Newcastle Fire Department
"The Fire Department has no objection to the subject application.
Consideration should be given to the Town's policy with respect to rural
fire protection standards. Responses from Station #3 located in Orono and
water supply is by Fire Department tanker truck. "
Ganaraska Region Conservation Authority
"No objection."
Region of Durham Planning Department
"We note that the subject site is designated "Major Open Space - Oak Ridges
Moraine" in the Durham Regional Official Plan. New non-farm residential
uses are generally discouraged within this designation. However, Section
10.2. 1.2 of the Durham Plan stipulates that a limited number of dwellings
may be allowed in the form of infilling within the "Major Open Space" if it
is deemed desirable by the Council of the respective area municipality and
is recognized in the Zoning By-law. Infilling is defined in Section
10.2.1.4 of the Durham Plan as:
". . . .situations where one or more non-farm residential dwellings are
to be located between two buildings located on the same side of a
public road and within a distinct Node or Cluster of non-farm
residential dwellings in such a manner as not to contribute to strip
or ribbon development and subject to such a Node or Cluster being
identified in the respective Zoning By-laws. "
. . .3
-
REPORT NO.: PD-127-86 Page 3
Region of Durham Planning Department (Cont'd)
From our cursory review of information in our office related to this area,
it appears that the existing non-farm residential uses do not constitute a
distinct Node or Cluster as envisaged in the Durham Regional Official Plan."
Durham Regional Health Unit
"No objection."
Ministry of Agriculture and Food
"No objection."
COMMENT:
Regional Planning Staff have indicated that in their opinion, the subject
rezoning application does not constitute a distinct Node or Cluster as
envisaged by the Durham Regional Official Plan.
The Town's Criteria for identifying rural Nodes and Clusters stipulates
that, in order to be identified as a rural Cluster, an area must be bounded
on at least three (3) sides by natural or physical boundaries such as
watercourses or public streets. Staff note that the subject lands are
bounded on the east by Leskard Road and on the north and west by a forced
road known as the Old Mill Road. This road is not open and maintained by
the Town , and Staff have been unable to determine whether or not it is owned
by the Town. However, information provided by the Ministry of Revenue
assessment records indicates that the road is not owned by the adjacent
property owners.
The Town' s Criteria further requires that rural Clusters not be designated
adjacent to active, agricultural operations and must comply with the
Agricultural Code of Practice. A site inspection by Staff indicated no
agricultural operations in the immediate area. As well , the Ministry of
Agriculture and Food indicated no objection to the subject application.
. . .4
REPORT NO. : PD-127-86 Page 4
The Town's Criteria defines a Node or Cluster as an area of rural non-farm
related residential dwellings which exhibit similar lot characteristics and
which contain a minimum of three (3) and a maximum of six (6) existing
residential lots for which building permits would be available. The lot
directly to the north of the subject lands is occupied by a single family
dwelling. This lot has an area of 1.35 hectares and a frontage of 117
metres along Leskard Road. The lot immediately to the south is currently
vacant, although the zoning would permit the issuance of a building permit
for one (1) single family dwelling. This lot has an area of 2.17 hectares
and a frontage along Leskard Road of approximately 365 metres. The lots
adjacent to the lands subject of the rezoning application do not possess
similar frontage and area characteristics. As well , the new lots as
proposed by the applicant also would not have frontages and areas similar to
the adjacent lots. The subject lands therefore are not part of a distinct
Cluster of non-farm related lots exhibiting similar characteristics. Staff
are of the opinion that the creation of new residential lots on the subject
lands would only contribute to further strip development along Leskard Road.
In consideration of Regional Planning Staff's comments with respect to
Official Plan conformity and the Town's Criteria for identifying rural Nodes
and Clusters, it is respectfully recommended that rezoning application DEV
86-19 submitted by Katherine and William Rowland be denied without
prejudice. It is further recommended that a copy of Council 's decision be
forwarded to the applicant.
Respectf tied,
T.T. Edwards, M.C. I.P.
Director of Planning
JAS*TTE*j ip
*Attach.
May 2, 1986
cc: Mr. & Mrs. Wm. Rowland
R.R. #2
ORONO, Ontario
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