HomeMy WebLinkAboutPD-98-88 DN: 98-88
TOWN OF NEWCASTLE
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NESTING: General Purpose and Administration Committee
DATE: Monday, May 2, 1988
REPORT #: PD-98-88 FILE #: DEV 88-21
SUBJECT: REZONING APPLICATION - TOM SIMPSON
PART LOT 20, CONCESSION 2, FORMER TWP. OF CLARKE
OUR FILE: DEV 88-21
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-98-88 be received; and
2. THAT the application submitted by Mr. Tom Simpson to rezone a parcel of
land located in Part of Lot 20, Concession 2, former Township of Clarke, be
denied as the proposal does not conform to the provisions of the Regional
Official Plan; and
3. THAT the applicant be so advised.
BACKGROUND AND COMMENTS:
On February 11, 1988, the Planning Department received an application submitted by
Mr. Tom Simpson on behalf of Newcastle Golf and Country Club Ltd. to rezone a
parcel of land within Part of Lot 20, Concession 2, former Township of Clarke to
permit the development of three (3) non-farm related residential lots.
REPORT 00. : PD-98-88 PAGE 2
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The subject lands are designated as "Major Open Space" and "Hazard Lands" by
the Region of Durham Official Plan. The Regional Plan stipulates that the
predominant use of lands under the "Major 0Deo Space" designation shall be for
agricultural and farm-related uses unless residential development proceeds in
the form of iufilIiu9 and that such development is recognized as a "Residential
Node or Cluster" within the local municipality's official Plan or Zoning
By-law.
By-law 84-63' as amended, shows the subject lands currently within the
"Agricultural Exception (&-8)" zone. This zone permits non-farm residential
buildings and structures no Iota which predate the current Zoning By-law or are
located on Iuta 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 departments and agencies for comments. The following is o summary of
comments which have been received. The following departments/agencies had no
objections:
- Town of Newcastle Fire Department
- Town of Newcastle Building Department
- Regional Health Department
- Qaoaraakm Region Conservation Authority
Durham Regional Planning Department
"The subject property is designated "Major Open Space" in the Durham Regional
Official DImo. There is also an indication of "Hazard Lands" in the vicinity
of the site.
Section 12.2.4 of the Regional official Plan says that limited non-farm related
residential uses may be permitted within the Major Open Space Systems provided
the residential ooeo comply with one of the following three provisions:
"a) For a retirement lot for a bona-fide farmer provided that the subject
property has been in the retiring farmer's ownership for not less than lO
years. Once o lot for such a purpose has been severed from a farm, no
further severance for such a purpose shall be granted to the said farm;
b) For an existing farmhouse from a farm which farm is to be acquired for
farm consolidation purposes subject that such a use is not needed for a
farm employee's dwelling or as o farmer's retirement dwelling; and
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.
REPORT N0. : PD-98-88 PAGE 3
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c) For m lot for one member only of the farmer's immediate family provided
that such a person is employed or significantly assists in the operation
of the farm. Once n lot for such a purpose has been severed from a farm,
no further severance for such a gmcgmae shall be granted to the said
farm."
In addition, Section 13.2.3 also permits non-farm related residential uses in
the form of clusters provided the cluster exhibits the characteristics
described by Section 10.3.1.3.
As this proposal for three non-farm related residential lots does not appear to
satisfy the provisions (a) , (b) or (u) above, and as it does not appear to
exhibit the characteristics of a cluster, the proposal would seem not to
conform."
Town of Newcastle Public Works tment
"We have reviewed the above-noted application and recommend that this
development should not proceed because of the insufficient sight distance for
vehicles entering onto Golf Course Road from the proposed lots."
Ministry of Agriculture and Food
"With present knowledge this application does not comply with the Food Laud
Guidelines and this Ministry objects to its approval for the reasons indicated
below:
Approval would create an incompatible use in a predominantly agricultural
area."
Staff have reviewed the application with regards to the provisions of the
Regional official Plan to recognize a Node or Cluster. Accordingly, the
characteristics 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;
(ii) the entire cluster, including areas proposed for development, is
identified in the District Plan, local official Plan, and/or
restricted area Xnuiug By-law. Once defined no further extensions to
the cluster shall be permitted;
(iii) the existing group of dwellings are on relatively small lots generally
being less than approximately 3 ha;
(iv) new clusters shall be discouraged from locating on a Provincial
Highway or Type '/8// Arterial road; and
(v) development within the cluster is compatible with the surrounding ooeo
and conforms with the Agricultural Code of Practice."
0 P
REPORT N0. : PD-98-88 PAGE 4
_______________________________________________________________________________
The Town also has its policy on bow to identify m Node or Cluster.
"For the Docpoaeo of this policy, rural 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 iutilliog may occur op to o maximum of three (3) additional Iota.
A rural Cluster shall be defined as areas bounded on, at least three (3) sides
by natural or physical boundaries such as watercourses or public streets."
Accordingly and in consideration of the above-noted comments, Staff are not in
a position to support the application as filed.
Respectfully submitted, Recommended for presentation
to the Committee
---r�----T7--------------- -=-`r--- ---------------
L.D. TayIn Lawrence E X toetf
Deputy Director of 9louoiug Chief Adm'bi rative Officer
|'
P8N*LDT*jip »
*Attach.
April 19, 1988
CC: Mc. Tom Simpson
Newcastle Golf and Country Club
R.R. #2
NEWCASTLE, Ontario
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LOT 20 LOT 19 LOT 18 LOT 17
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