Loading...
HomeMy WebLinkAboutPD-130-84 4 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. .. .2 I i I Pv� 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 c 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 i this area as a distinct residential cluster or node. In accordance with departmental procedures, the subject . . .3 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. .. .4 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" r 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 i Durham Land Division Committee (Applications LD 305/83, 306/83 and 307/83) for the approval of a consent to sever .. .6 i j 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 .. .7 I 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." .. .8 mf)- 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 i 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 i