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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 UO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JULY 3, 1984
REPORT NO. : PD-130-84
SUBJECT: Application for Rezoning - File: DEV 84-11
J. TOMINA
Part of Lot 24, Conc. 2, former Township of
Darlington
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-130-84 be received; and
2. That application for rezoning DEV 84-11 be
denied, without prejudice, as the proposed
zoning does not comply with the policies of the
Region of Durham Official Plan ; or the
Agricultural Code of Practice; and
3. That the Region of Durham be advised of
Council 's actions regarding the subject
application.
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REPORT NO. : PD-130-84 Page 2
BACKGROUND:
On March 12, 1984, staff received the subject application
for rezoning thereby requesting an amendment to Zoning
By-law 2111 , as amended, of the former Township of
Darlington, to rezone an area of land located on the
northern half of Lot 24, Concession 2, of the former
Township of Darlington. The applicant is requesting this
area to be zoned and recognized as a "Residential Cluster"
within the Darlington Zoning By-law in order to permit
limited residential development.
The subject area is designated "Major Open Space" by the
Region of Durham Official Plan. The Regional Plan
stipulates that the predominant use of lands under this
landuse designation shall be for agriculture and farm
related uses. In addition, 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 further, provided
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that such development is recognized as a residential cluster
or node within the zoning by-law. In staff's opinion , the
requested zone change, in order to recognize this area of
Darlington Township as a residential cluster, would not
conform with the policies of the Regional Official Plan, as
this area does not have a sufficient number of existing
dwellings congregated in such a way whereby one can consider
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this area as a distinct residential cluster or node.
In accordance with departmental procedures, the subject
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REPORT NO. : PD-130-84 Page 3
application was circulated to various departments and
agencies for comment. The following is a list of the
comments received :
Region of Durham - Planning Department
Further to your request for comments, we note that the
subject site is designated "Major Open Space" 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 a limited number of dwellings
may be allowed in the form of infilling within the Major
Open Space designation 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 :
"...stipulations 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 ."
The proposed zoning amendment would conform if it can be
demonstrated that the proposal meets the above provisions of
Sections 10.2.1 .2 and 10.2.1 .4 of the Durham Plan.
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REPORT NO. : PD-130-84 Page 4
Region of Durham Health Unit
The above application for rezoning has been investigated by
this Health Unit, and insofar as health matters are
concerned, there are no objections to its approval ,
providing lots are suitably sized to permit on-site sewage
disposal .
I would, however, stress that this letter is not to be taken
as a permit to install a private sewage disposal system on
the site involved. The required permit will be issued only
after a proper inspection of the land area involved has been
made and said inspection will be carried out upon receipt of
a formal application.
Ministry of Agriculture and Food
- Food Land Preservation -
Staff of the Ontario Ministry of Agriculture and Food have
reviewed the above development proposal . Consideration has
been given to the proposal in terms of the goals and
objectives of the Ministry and of the criteria and policies
outlined in the Food Land Guidelines.
There is a large chicken broiler farm immediately south of
the subject property. Any development on the subject
property must be outside the minimum distance arc in order
to comply with the Agricultural Code of Practice.
Enclosed is the Code of Practice information and a photocopy
of the aerial photograph which describes the separation
REPORT NO. : PD-130-84 Page 5
distance.
The only area of the subject parcel that would comply with
the Code of Practice is the extreme easterly portion.
Newcastle Public Works
We have reviewed this application for rezoning and have no
objection to this proposal provided that :
1 . A 10' road widening for the entire frontage onto Nash
Road is dedicated to the Town as shown on the attached.
The Peterborough-Victoria-Northumberland and Newcastle
Roman Catholic Separate School Board
- "No Objections"
Ontario Hydro
- "No Objections"
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Town of Newcastle Fire Department
- "No Objections"
COMMENTS:
In reviewing the request submitted by Mr. Tomina, staff note
that the applicant had originally applied to the Region of
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Durham Land Division Committee (Applications LD 305/83,
306/83 and 307/83) for the approval of a consent to sever
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REPORT NO. : PD-130-84 Page 6
(3) three non-farm residential building lots from the 2.66
hectares (6.57 acres) which the applicant presently owns.
Staff had reported on the Land Division Committee
application and had recommended denial of the proposal , as
it was in staff's opinion that the severance would not
comply with the "Major Open Space" landuse policies. The
Land Division Committee advised Mr. Tomina that the proposal
would not conform to the Regional Official Plan unless the
Council of the Town of Newcastle would recognize this area
as a node or cluster within the zoning by-law, in accordance
with Section 10.2.1 .2 of the Regional Plan, accordingly, the
applications were tabled for a maximum period of one year to
enable discussion with the Town of Newcastle regarding a
zoning amendment.
Subsequently, Mr. Tomina initiated the subject application
for rezoning in order to have the Town recognize this area
as a residential cluster or node. Staff note that through
circulation of this rezoning application, the comments
submitted by the Regional Planning Staff would imply that,
should the Town rezone this area as a residential cluster or
node, the proposed rezoning should demonstrate that the
proposal conforms with the policies of the Region of Durham
Official Plan ; specifically, Sections 10.2.1 .2 and 10.2.1 .4.
Staff would note for Committee's information that a previous
application for severance for three (3) lots (LD 137/75)
which was denied by the Land Division Committee in May 1975
was appealed by the applicant to the Ontario Municipal
Board; said appeal being dismissed. Subsequently, an
application was re-submitted (LD 311/77, 312/77) for
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REPORT NO. : PD-130-84 Page 7
three (3) lots in September 1977, and approved by the Land
Division Committee as "being compatible with the Development
surrounding it". An appeal to same was submitted by the
Regional Municipality of Durham to the Ontario Municipal
Board; said appeal being allowed and the decisions of the
Land Division Committee set aside and the applications for
consent dismissed. The following is a portion of the
transcripts of the Ontario Municipal Board hearing of
October 16, 1978 pertaining to the severance of the
above-noted property as previously submitted (LD 311/77 and
LD 312/77) .
"Planning evidence was adduced at the Hearing via the
Senior Planner for the Regional Municipality of
Durham, and he indicated that the Official Plan for
the Region would be offended if the severances were
granted. Section 10.2 of that document specifically
refers to non-farm residential policies. Section
10.2.1 .2 says development of new non-farm residential
uses shall be discouraged. The policies regarding
infilling are also spelled out and in view of the
Planner, the subject lands do not qualify as
infilling. The Darlington Official Plan would be
similarly offended. In reviewing the evidence, the
Board is satisfied that the proposed severances do not
comply with either the Regional or local Official
Plans. While on the surface, it would appear that the
Owner is only applying for something similar to that
granted his neighbours, nevertheless, now that the
Regional Official Plan is in place, there must of
necessity be some order in the Planning process for
the good of the community as a whole. It appears to
the Board, that the area around the intersection of
Nash Road and Solina Road should not be allowed to
develop any further on a piece-meal basis. Long range
planning, with appropriate controls for any permitted
development, is essential . In the circumstances , the
Board will allow the appeal . The decision of the Land
Division Committee is set aside."
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REPORT NO. : PO-130-84 Page 8
At the present time, staff are in the process of formulating
policies relating to residential clusters and nodes to be
incorporated within the Town of Newcastle District Plan.
Clusters will be identified in the District Plan and
subsequently the Zoning 8y-law in accordance with the
following general criteria :
(a) a minimum of three (3) and a maximum of six (6)
residential lots which already exist in the
area to be defined as a cluster.
(b) the cluster is bounded on at least three (3)
sides by natural or physical boundaries; i .e.
streams/creeks, roads, etc.
(c) the cluster is not located adjacent to an
active agricultural operation .
(d) the cluster has a main community focal point
i .e. school , community centre, church , general
store etc. in order to justify the location of
residential development of this nature.
The above policies for determining appropriate locations for
the designating of residential clusters and nodes are
similar to policies which have been adopted and enforced by
adjacent municipalities within the Region of Durham.
As noted within the circulation comments, the Ministry of
Agriculture and Food reviewed the proposal in terms of the
goals and objectives of the Ministry and of the criteria and
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REPORT NO. : PD-130-84 Page 9
policies outlined in the Food Guidelines. In consideration
of the existing chicken boilers operation (existing capacity
per year - 260,000) immediately south of the subject
property, the minimum acceptable distance to the nearest
part of the livestock operation, is calculated by Ministry
staff to be one hundred and forty metres (140m - 460' ). Any
development on the subject property must be outside the
minimum distance arc in order to comply with the
Agricultural Code of Practice. The only area of the subject
parcel that would appear to comply with the Code of Practice
is the extreme easterly portion of the subject property.
In consideration of the above concerns of the Ministry of
Agriculture and Food and policies within the Durham Regional
Official Plan pertaining to infilling, staff are not in a
position to recommend approval of the subject application
for rezoning submitted by Mr. Tomina.
Res peclt ul fitted,.
T. T. Edwards, M.C.I.P.
' Director of Planning
LDT*TTE*bb
June 22, 1984
CC Mr. J. Tomina Mr. S. M. Zubkavich
R. R. #3 16 Lloyd Street
Bowmanville, Ontario Oshawa, Ontario
L1C 3K4 L1H 1X3
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