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HomeMy WebLinkAboutPD-51-86 TOWN OF NEWCASTLE ' REPORT File # p j:� Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: March 3, 1986 REPORT #: PD-51-86 FILE #; DEV 85-37 SUBJECT: REZONING APPLICATION - MICHALSKI PART LOT 15, CONCESSION 6, DARLINGTON OUR FILE: DEV 85-37 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-51-86 be received; and 2. THAT application for rezoning of Part of Lot 15, Concession 6, former Township of Darlington, submitted by Mr. Paul Coath, agent, on behalf of Mr. & Mrs. Michalski , to permit the development of a Node/Cluster, be denied without prejudice. BACKGROUND: On November 5, 1985, the Planning Department received an application, submitted by Mr. Paul Coath, agent, on behalf of Mr. & Mrs. Michalski , to rezone a parcel of land located * in Part of Lot 15, Concession 6, former Township of Darlington (see attached) . The purpose of the submission of the rezoning application was to permit the development of additional lot(s) within a Node or Cluster. Within the Regional Official Plan, the subject property is designated "General Agricultural ". 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 with the "General Agricultural " area if it is deemed desirable by the respective area municipality and it is . . .2 r1✓ REPORT NO. : PD-51-86 Page 2 recognized in the Zoning By-law. 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. Staff would note that, resulting from the filing of the application, three (3) adjacent property owners requested further clarification of Staff with respect to the intention of the application. Staff will expand upon their comments further, within said report. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted in Staff Report PD-183-85. Staff would note that the Town of Newcastle Fire Department and Building Department offered no objection to the application as filed. The Durham Regional Health Unit, in responding, noted that the application for rezoning had been investigated and, insofar as health matters were concerned, there were no objections to its approval . Further clarification was offered, however, noting that this was not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit will be issued only after a proper inspection of the lands involved has been made and said inspection carried out upon receipt of a formal application. The Region of Durham Planning Department provided the following response: "Further to your request for comments we note that the subject site is designated "General Agricultural " in the Durham 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 "General Agricultural " area 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 .. .3 REPORT NO. : PD-51-86 Page 3 where one or more non-farm residential dwellings are 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." From our review of land uses in the area, it appears that proposed residential uses along Cedar Park Road frontage of the subject property would meet the infilling criteria as defined in the Durham Regional Plan, whereas proposed residential uses along the 6th Concession Road frontage, would not." The Town of Newcastle Works Department, in reviewing the application, indicated no objections to the proposal subject to the following comments: "1. That the Owner contributes to the upgrading of Cedar Park Road to the satisfaction of the Works Department. 2. That the Owner provides street illumination for the proposed lots. 3. That the Owner provides a lot grading and drainage plan for the proposed lots. 4. That the Owner provides any ditching on Cedar Park Road that may be required as a result of their grading and drainage plan. The Ministry of Agriculture and Food, in responding, noted that a mink ranch was located on the south side of the 6th Concession Road frontage, immediately abutting a portion of the 10 acre lot. Accordingly, it was noted that, pursuant to the Agriculture Code of Practice, the calculated minimum separation distrance from the agricultural operation, being the area/arc of influence was 111 metres (367 feet) . This separation distance would impose an impact on the frontage of the 10 acre parcel on the north side of the 6th Concession Road. COMMENTS: As noted briefly, three (3) adjacent property owners, one being the owner and operator of the mink farm, requested, of Staff, further clarification of the rezoning application. In discussing Mr. Michalski ' s request with each individual , the following concerns were made apparent: . . .4 REPORT NO. : PD-51-86 Page 4 1. The potential impact of such a rezoning, on the adjacent lots . . . . i .e., the potential number of lots through subsequent rezoning applications and severance procedures. 2. The impact of services; i .e. , wells and septic systems individually and collectively for the immediately surrounding area. . . . additionally in consideration of the natural southern drainage of the lands north of the 6th Concession. Within the Town' s Criteria for identifying rural nodes and clusters, a node/cluster is defined as an area of rural , non-farm related residential development which exhibits similar lot characteristics and contains 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. Staff would note for the Committee' s consideration that the predominant lot size, along Cedar Park Road, is ten (10) acre parcels. Staff would note that along the west side of Cedar Park Road, five (5) ten acre lots and a twenty-seven (27) acre lot exists. Additionally, along the east side of Cedar Park Road are five (5) ten acre lots. Staff would note that on each of the lots as noted, a single family dwelling exists. The Michalski property, similar to the surrounding lots, is ten acres in size, however, fronts on both Cedar Park Road and the 6th Concession. Located at the northwest corner of the intersection of Cedar Park Road and the 6th Concession, are three (3) lots each ranging in size from .344 acres to .517 acres. The most westerly lot ( .344 acres - 100 foot frontage) is presently vacant. Staff would note that a building permit would be entertained upon submission of same for said lot inasmuch as the property is held under distinct and separate ownership from adjacent lands. It is Staff' s opinion that, given due consideration of the comments received and the Town' s Criteria for identifying rural nodes and clusters, the proposed rezoning would not be appropriate. Within the Criteria, is stated . . .5 REPORT NO. : PD-51-86 Page 5 "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..." As Staff noted previously, the majority of lots abutting Cedar Park Road and the 6th Concession are ten acres in size with the exception of the three (3) lots at the northwest corner of said intersection. It is Staff' s opinion that the creation of lots along Cedar Park Road would not be consistent, in character and size, with the existing lots. Using the "RC" zoning provisions of By-law 84-63 (minimum frontage of 30 metres - area of 3,000 square metres) and dependent upon the exact location of each home on each of the present 10 acre lots, the potential "redevelopment" of the area would increase by approximately 20 lots. As Committee is, no doubt, aware, a submission of a development of similar size through the procedure of draft plan approval , would require the submission of the appropriate technical information which would provide further clarification as to the effect or influence of additional services (wells and septic systems) on the existing development. Notwithstanding the comments of the Region of Durham Planning Department and prior to the receipt of the Ministry of Agriculture and Food comments, Staff, in reviewing the proposal in consideration of the Node/Cluster Criteria, could only concur in principle with the possible development of additional lots to the west of the three (3) existing lots on the north side of the 6th Concession. However, upon receipt of the Ministry of Agriculture and Food comments, it was determined that this portion of the Michalski property is within the arc of influence as calculated for the mink farm operation on the south side of the 6th Concession. Furthermore, Staff would draw to the Committee' s attention that, within By-law 84-63, Section 3.19 (c) states that a non-farm related residential building shall not be located within 300 metres of an existing agricultural building housing livestock, located on an adjacent lot. . . .6 REPORT NO. : PD-51-86 Page 6 In consideration of the above-noted comments and concerns, it is Staff's opinion that the approval of the rezoning application as submitted would not be in compliance with the present Town Policies. Accordingly, Staff is not in a position to support said application. Respec ubmitted, T.T. Edwards, M.C.I .P. Director of Planning LDT*TTE*j i p *Attach. February 14, 1986 cc: Coath, Livingstone & Johnston Barristers & Solicitors P.O. Box 327 101 Dundas Street West WHITBY, Ontario L1N 5S4 Mr. M. Michalski R.R. #1 BOWMANVILLE, Ontario L1C 3K2 Mr. Timothy Coffey R.R. #1 BOWMANVILLE, Ontario L1C 3K2 Mr. Eric Eckl R.R. #1 BOWMANVILLE, Ontario L1C 3K2 LOT 15 LOT 14 co 300m(1000')LIMIT BY-LAW 84-63—� Z r C�) -- 0 / 4.051 ha. Q C6 (10-010 ac.) (n / w / EXISTING HOUSE-} \ [a Z O 0 /Illm(367')LIMIT AG,and FOOD �� ` CONCESSION ROAD S EXISTING MINK FARM —� LOT 16 LOT 15 LOT \14 27 ac, t0 10 ac. 10 ac. f 0 ac z O 10 ac N 10 ac. 10 ac'. 10 ac W 100C. 10 ac. V z SUBJECT O 10 ac. SITE— 10 ac. V 10 ac. 10 ac. 10 ac. • MINK FARM U) z V TOWN of NEWCASTLE Forme!!X TOWNSHIP of DARLINGTON