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HomeMy WebLinkAboutPD-154-88 DN: 154-88 TOWN OF NEWCASTLE REPORT K % �! F i I e # Res. # By-Law , MEETING: General Purpose and Administration Committee DATE: Monday, July 18, 1988 REPORT #: PD-154-88 FILE #: DEV 88-44 SLB-1ECT: REZONING APPLICATION - JAN OCHONSKI PART LOT 30, CONCESSION 5, FORMER TOWNSHIP OF CLARKE OUR FILE: DEV 88-44 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-154-88 be received; and 2. THAT the application for rezoning submitted by Mr. Jan Ochonski, to rezone a 1.04 hectare parcel to permit three (3) non-farm residential lots be denied as the proposal does not conform to the policies of the Regional Official Plan, the Town of Newcastle Official Plan and Section 3.14 of By-law 84-63 as well as the Agricultural Code of Practice; and 3. THAT the applicant be so advised. 1. BACKGROUND 1.1 On May 5, 1988, the Planning Department received an application for rezoning submitted by Mr. Jan Ochonski, to rezone a parcel of land in Part Lot 30, Concession 5, former Township of Clarke, to permit the development of three (3) non-farm residential lots. . . .2 REPORT 00. : PD-154-88 Ig\GO 2 /^ _______________________________________________________________________________ 3. OFFICIAL PLAN CONFORMITY 2.1 The subject parcel is designated as "General Agricultural', in the Durham Regional official Plan. The Regional official Plan states that the predominant use of lands under this designation shall be for agricultural and farm-related uses. The Plan also states that the development of new non-farm residential uses shall be discouraged within this designation unless such development proceeds in the form of iufilliog between existing residential dwellings and provided that such development is recognized as a Residential Node or Cluster in the local municipality's Zoning By-law. ' 3. ZONING BY-LAW CONFORMITY 3.1 The subject lands are currently zoned "Agricultural" in the Town of Newcastle Comprehensive Zoning By-law 84-63 as amended. This zone does permit non-farm residential uses which predate the present by-lam. However newly created Iota by severance and structures tberou moat be done so in accordance with Regional official Plan provisions. 4. PUBLIC NOTICE � 4.1 Staff would note for the Committee's information that pocounot to Council's resolution of July 36, 1982 and the requirements of the Planning &ot" the appropriate oiguage acknowledging the application was installed on the subject lands. 5. CIRCULATION 5.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Staff would note the following departments/agencies in providing comments, offered no objections to the application as filed. - Town of Newcastle Fire Department - Qmuacaaka Conservation Authority - Region of Durham Health Department REPORT NU. : PD-154-88 PAGE _______________________________________________________________________________ 5.2 The Region of Durham Planning Department noted that the proposal does not appear to conform to Section I0.2.1.3 of the Durham Regional Official Plan since the proposed Cluster is not definable as a separate entity. In addition, there are no existing dwellings within the Cluster. 5.3 The Ministry of Agriculture and Food noted that the soil capability for agricultural use for the site is Class I farmed land. Ministry Staff also noted that there is an active dairy farm to the west of the subject site. Under the provisions of the Foodlaod Guidelines, a minimum separation distance of 860 feet is required between farm and any proposed residential dwelling. The actual distance is 560 feet, therefore does not comply with the Agricultural Code of Practice. On this basis, Ministry Staff objected to the proposal. 6. COMMENTS 6.1 Staff have reviewed the application with regards to the provisions of the Durham Regional official Plan and Town of Newcastle official Plan. In each of these planning documents, their policies are in place to recognize and delineate Rural Clusters. In the Regional official Plan a Cluster or Node must be definable as a separate entity so as not to be considered as strip or ooa`+ered development. The entire Cluster moot be recognized in the local DIauuiu9 d000meoLo' once defined no further eoteumiVuo may be permitted. In addition, the existing group of dvmeIIiuga moot be on relatively small lots and new Clusters may not be located on Provincial Highways or Type n&'' Arterial Roads. Finally, the development within the Cluster moot be compatible with surrounding uses and noufncmo with the Agricultural Code of Practice. 6.2 Within the Town of Newcastle Official Plan, a Cluster is definable as o three to six existing residential lots of similar size and characteristics for which building Iuto are available and within which iufilliug may occur up to a maximum of three (3) additional lots. A Cluster shall also be defined as areas bounded on three (3) sides by material or gbyoiool boundaries. In addition, Nodes or Clusters shall not be created in contravention to the Agricultural Code of Practice. REPORT 08. : PD-154-88 PAGE 4 _______________________________________________________________________________ 7. CONCLUSION 7.1 Staff is of the opinion that, the proposed Cluster is not definable as a separate entity, in addition there are no existing dwellings within the proposed Cluster. Furthermore, both the Region and the Town policies state that regard must be given to active agricultural operations and the Agricultural Code of Practice. The proposed Cluster clearly does not conform to the policies of either official Plan nor does it conform to Section 3.14 of the Town of Newcastle Zoning By-law, which requires the minimum setback from any active agricultural operation of 300 metres (1,000 feet) . 7.2 Given the above, Staff is not in a position to support the proposed rezoning application. Respectfully submitted, 8eomnonauded for presentation to the Committee -__-___-____ Franklin Wu Lawrence seff Director of Planning 6 Development Chief Adm nil tr tive officer CBV*FJ*bb ` *Attach. July 7' 1988 co Mc. Jan Ocbouaki R. D. #3 0rounv Ontario L08 IM0 LOT 31 LOT 30 TAUNTON ROAD` ■ .r I LIVESTOCK ' -SUBJECT SI E i OPERATION I � t MINIMUM SEPARATION BY AG & FOOD(2 2 m) ' s I� MINIMUM SEPARATION i. BY-LAW 84-63(300m) r Y 1 Yt z 11 r 0 it 0 II \ 175 W : t �,\ it U j II ,. it �■ � X69-� i \ Aso AI �f• II �� Dev . 88'-44.