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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