HomeMy WebLinkAboutPD-76-88 DN: 76-88 UNFINISHED BUSINESS �(C)
TOWN OF NEWCASTLE
REPORT File # :
Res.
MEETING: General Purpose and Administration Committee
DATE: TUESDAY, April 5, 1988
REPORT #: PD-76-88 FILE #: DEV 88-9
SUBJECT: REZONING APPLICATION - LOUISE HAASS
PART LOT 34, CONC. 5, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 88-9
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-76-88 be received; and
2. THAT the application submitted by Louise Haass to rezone a parcel of land
located in Part of Lot 34, Concession 5, former Township of Darlington to
permit the development of an additional non-farm related residential lot,
be denied as the proposal does not conform to the provisions of the Durham
Regional Official Plan, the Town of Newcastle Rural Cluster Policy, nor the
Ministry of Agriculture and Food - Agricultural Code of Practice.
BACKGROUND AND COMMENTS:
On January 22, 1988, the Planning Department received an application submitted by
Louise Haass to rezone a parcel of land within Part of Lot 34, Concession 5, former
Township of Darlington to permit the development of one (1) additional non-farm
related residential lot.
. . .2
(C)
REPORT NO. : PD-76-88 PAGE 3
__________________________________________________________________
The subject lands are designated as "General Agricultural" by the Region of
Durham official Plan. The Regional Plan stipulates that the predominant use of
lands within this designation oboII he for agricultural and farm-related uses.
Additionally, the Plan states that the development of new non-farm residential
uses shall be discouraged with the "General Agricultural" designation unless
such development proceeds in the form of iufilliug between existing residential
dwellings and further, that such development is recognized as a "Residential
Cluster or Node" within the local municipality's official Plan or zoning
By-law.
Within Zoning By-law 84-63' as amended, the subject lands are currently located
within the "Agricultural (&)n zone. This zone permits non-farm residential
/
buildings and structures on lots which predate the current Zoning By-law, being
By-law 84-63, as amended, or are located on lots created by severance in
accordance with the policies of the Durham Regional official Plan.
in accordance with approved policy, the subject application was circulated to
various agencies and departments for comments. The following is e summary of
comments which have been received. The following departments/agencies had no
objections:
- Newcastle Fire Department
. - Newcastle Building Department
- Regional Health Services
Durham Regional Planning tmant
"The subject property is designated "General Agricultural Aceo" in the Durham
Regional official Plan.
Development of new non-farm residential uses is discouraged, however, limited
non-farm residential dwellings may be permitted in clusters identified in the
official Plan.
We note that the cluster of Taunton identified in the Durham Plan is located o
distance to the west of the subject land.
Section I0.2.I.4 provides that new residential development within n cluster may
be in the form of iufilliug between two dwellings or in exceptional
circumstances as a minor extension. The proposal does not appear to qualify
and therefore, does not conform to the Official Plan.
�
We also mote that the subject property is located on an x&n type arterial road. �
Arterial roads shall be designed primarily as limited access roads to �
facilitate traffic movement between mo '~oc land use activities in the Region. �
�
/V /[/
REPORT 08. : PD-76-88 PAGE 3
_______________________________________________________________________________
Durham Regional
Generally, the creation of lots fronting on arterial roads shall be
discouraged. Sections 13.2.7 and I6.9.11 of the Cmcbam Regional official Plan
which outlines these policies regarding arterial roads should be considered."
Ministry of Agriculture and Food
"With present humxIedge' this application does not comply with the FuodIaud
Guidelines and this Ministry objects to its approval.
Approval could/would contravene the minimum distance separation requirements of
the Agricultural Code of Practice. Where a calculation has been completed, the
required minimum separation distance is 370 feet, and the ootoaI separation
distance is approximately lUU feet."
Staff have attached to said report, a sketch map illustrating the effected area
of the minimum separation distance. Staff would note the Durham Regional
Official Plan, within Section I0.2.2.2 entitled "Non-farm Residential Uoean'
states that non-farm uses shall comply with the Agricultural {ode of Practice,
as amended, from time to time.
This statement would be supportive of the comments submitted by the Ministry of
Agriculture and Food Staff.
�
Newcastle Public Works tmeot
"We have reviewed the above-noted application and have no objections provided
.
the owner provides this Department with a Lot Grading suitable to the Director
of Public Wucko."
Staff have reviewed the application in consideration of the provisions of the
Regional official Plan. 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:
"(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;
REPORT 00. : PD-76-88 PAGE 4
_______________________________________________________________________________
(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 dveelIim]u are on relatively small lots generally
being Ieoo than approximately 3 ha;
(iv) new oIuoteca shall be discouraged from locating on a Provincial
Highway or Type '`Al/ Arterial road; and
(v) development within the cluster is compatible with the surrounding uses
and conforms with the Agricultural Code of Practice."
The Town in its Rural Cluster policy would consider an application based on the
following:
"For the purposes of this policy, cocml 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 iufilIiog may occur up to a maximum of three (3) additional lots.
A cocaI Cluster shall be defined as areas bounded nu, at least three (3) sides
by natural or physical boundaries such as watercourses or public streets."
To consider approval of the proposed rezoning, the Town moot be satisfied that
the development is in accordance with the Regional official Plan. In view of
the comments received from the Regional Planning Department, the Ministry of
/
Agriculture and Food and the Town Bocol Cluster Policy, it would appear that
the proposal does not conform to the relevant policies.
'
In consideration of the above-noted comments, Staff are not in a position to
support the application.
, Recommended for presentation
to the Committee
�
----�------------
-- - _______________
T.T. Edwards, M.C.I.P. Lawrence E. otseff
Director of Planning Chief &d i i trative Officer
l/
PB0*TTD* 'ip CC: Mrs. Louise Haago
*Attach. R.R. #1
March 21, 1988 8&MPT00' Ontario L08 lJ0
L OT 34
CONC SS/ON 5
M OTHER LANDS OWNED BY
APPLICANT 1
o
M
a
82.296m (270-0') LIMIT SET BY o
= MIN. of AGRICULTURE and FOOD a
W
r M
0
Q PROPOSED LOT Z
Q
W
W
Z m
W
SHED z
W J
m ' BARN
W
Z
L
TAUNTON �`�•.. .., ROAD
EXISTING DWELLINGS
Formerly Township of Darlington