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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JANUARY 3, 1984
REPORT NO. : PO-5-84
SUBJECT: Application for rezoning - S. Henry
Part Lot 31 Concession 6, Clarke
FILE: DEV 83-33
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-5-84 be received; and
2. That application for rezoning DEV 83-33 be
approved; and
3. That the By-law attached to this report to
amend By-law 1592, as amended, of the former
Township of Clarke, be approved.
. . .2
Ch)
REPORT NO. : PD-5-84 Page 2
BACKGROUND:
On November 14, 1983, the Planning Department received an
application submitted by Shirley Henry to rezone a 0.43
hectare (1 .05 acre) parcel of land in Part Lot 31 ,
Concession 6, former Township of Clarke. The purpose of
the rezoning application is to permit the creation of one
residential building lot. The subject property is currently
zoned "A-Agricultural " by By-law 1592 of the former Township
of Clarke and is designated "General Agricultural " by the
Durham Region Official Plan.
The subject property was the subject of an application for
consent (Application #LD 356/83) considered by the Region of
Durham Land Division Committee on November 14, 1983. Town
staff comments on the application were as follows :
CONFORMITY WITH OFFICIAL PLAN:
The subject site is designated "General Agricultural Area"
by the Durham Regional Official Plan. The Official Plan
states that the development of new non-farm residential uses
shall be discouraged, but that limited non-farm residential
dwellings may be allowed in the form of infilling, if deemed
desirable by the Council of the respective area municipality
and is recognized in the zoning by-law.
CONFORMITY WITH ZONING BY-LAWS:
The subject site is zoned "A-Agricultural " by By-law 1592,
as amended, of the former Township of Clarke. The minimum
lot area for new residential lots in the Agricultural zone
is 16.2 hectares , while the minimum lot frontage for new
lots is 100.6 metres. The retained land would have
sufficient frontage to meet the By-law requirements;
however, it would have an area of only 1 .14 hectares. The
severed parcel would meet neither the frontage nor the area
requirements. Therefore, neither the retained nor the
severed lot appears to conform with the provisions of By-law
1592.
REPORT NO. : PO-5-84 Page 3
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RECOMMENDATIONS:
due to non-conformity with the Regional Official
Denial , h �
Plan and the Clarke Zoning By-law. However, if the
severance is approved, such approval should be conditional
upon rezoning and satisfying the Town 's requirements ,
financial and otherwise.
The Land Division Committee tabled the application for a
period of one year to enable the applicant to contact the
Town with regard to a rezoning application.
In accordance with Departmental Procedure, the application
for rezoning was submitted to various departments and
agencies for comment. The following is a summary of the
comments received;
Town of Newcastle Public Works Department - No objection to
this rezoning as submitted.
Town of Newcastle Building Department - No comment .
.Town of Newcastle Fire Department - No objection.
Region of Durham Planning Department - We note that the
subject site is designated General Agricultural in the
Durham Regional Official Plan. New non-farm residential
uses are generally discouraged. However, Section 10.2.1 .2
of the Durham Plan stipulates that limited 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 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."
REPORT NO. : PD-5-84 Page 4 J
The proposed zoning amendment would conform if it meets the
above provisions of Section 10.2.1.2 and 10.2.1.4 of the
Durham Plan.
Region of Durham Health Unit - In so far as health matters
are concerned, there are no objections to the approval of
the zoning application.
Ministry of Agriculture and Food - The subject land is of
class 1 quality. The location appears to amount to an
infilling situation and would have no adverse effect on the
closest livestock operations. For this reason, the Ministry
would have no objections to the proposed zoning change.
COMMENTS:
As noted by the Region of Durham Planning Department in
their comments , limited non-farm related residential
development may be permitted in the General Agricultural
area in the form of infilling within a distinct node or
cluster, and subject to being recognized in the zoning
by-law. Staff note that the proposed lot is located
between two existing non-farm related residential dwellings
on the west side of Leskard Road, and is only connected to
the main part of the lot by a sliver of land approximately 3
metres wide. As well , a strip of at least 50 non-farm
related residential dwellings is located on the east side of
Leskard Road between Taunton Road and the 6th Concession
Road. The proposed lot would therefore appear to meet the
requirements of residential infilling as defined by the
Durham Region Official Plan.
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Staff further note that agricultural operations are located
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in the immediate area ; however, the Ministry of
Agriculture and Food has indicated that the infilling would
have no adverse effects on the closest livestock
operations.
REPORT NO. : PD-5-84
Page 5
Based on the comments received through the circulation of
the rezoning application, staff have no objection to the
approving of a rezoning to permit the creation of one
additional lot. As such, staff have prepared a by-law
(attached) to rezone the subject parcel from
"A-Agricultural " to "Special Provision A-17".
Mrs. Henry's property currently has an area of 1 .56 hectares
(3.86 acres) . The severence will create two lots, one with
an area of 0.41 hectares (1 .0 acres) and one with an area of
1 .15 hectares (retained lot) . However, the minimum area for
a new residential lot in the agricultural zone is 16.2
hectares (40 acres) . Therefore, both the retained and
severed lots are covered by the rezoning by-law prepared by
staff.
Staff recommend that rezoning application DEV 83-33 be
approved and the by-law attached to this report be forwarded
to Council for approval .
Respectf 1- 'tted,
T. T. Edwards, M.C. I.P.
Ef Director of Planning
JAS*TTE*bb
December 20, 1983
Applicant : Mrs. S. Henry Mr. G. Pollitt
R. R. #2 Pollitt, Walters &
Orono, Ontario Halikowski
LOB IMO Main Street
Orono, Ontario
LOB IMO
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