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Home My WebLink AboutPD-153-88 DN: 153-88 TOWN OF NEWCASTLE REPORT ��o - �, File # �� Res. # ` 'l �. By-Law # MEETING: General Purpose and Administration Committee DATE: MONDAY, JULY 18, 1988 REPORT #: PD-153-88 FILE #: OPA 88-24./D and DEV 87-96 SUBJECT: OPA AND REZONING APPLICATION - J. STOOP/G. GERRATIS PART LOT 24, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON OUR FILE: OPA 88-24/D AND DEV 87-96 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-30-88 be lifted from the table; 2. THAT Report PD-153-88 be received; and 3. THAT the application to amend the Durham Regional Official Plan submitted by Mr. J. Stoop and Mr. G. Gerritis to amend the designation of a 6.0 hectare parcel of land, Part of Lot 24, Concession 3, .former Township of Darlington � to permit two (2) non-farm residential lots be denied as the proposal does not conform to the intent of the Regional Official Plan or the approved policies of the Town of Newcastle Official Plan; and 4. THAT the applicants be so advised; and 5. THAT the Region of Durham be so advised. 1. BACKGROUND: 1.1 On February 1, 1988 Committee had before them Report PD-30-88, recommending denial of a Zoning By-law amendment to rezone a parcel of land to permit two (2) additional non-farm residential lots, Part Lot 24, Concession 3, Darlington. . . .2 \� REPORT 00. : PD-153-88 PAGE 3 _______________________________________________________________________________ 1.2 Both Committee and Council resolved to table the application for further review at the request of the applicant. %. OFFICIAL PLAN POLICY 2.1 The subject lands are designated a "Major Open Space" in the Durham Regional Plan. The Regional Plan states that the predominant use of lands so designated shall be for agricultural and farm-related uses. Residential development may proceed however, in the form of iufiIliug and that such is recognized as a "Residential Node or Cluster" within the local municipality's Official DIau or 3uoiug By-law. 3. CONFORMITY ZONING BY-LAW 3.1 The subject lauds are currently zoned "Agricultural" and "Environmental Protection" within 8y-law 84-63, as amended. The provisions would permit non-farm residential ooeo on existing lots which predate the Zoning By-law. However, newly created lots by severance and structures thereon must be done no in accordance with the Durham Regional official Plan provisions. 4. PUBLIC NOTICE 4.1 Staff would note for the Committee's information that goraoaut to Council's resolution of July 36, 1982 and the requirements of the Planning Act, the appropriate oigoage was installed on the subject lands. 5. CIRCULATION 5.1 In accordance with departmental procedures the application was circulated to obtain comments from other agencies/departments. The following agencies/departments offered no objection to the proposal: - Town of Newcastle Fire Department - Regional 8emItb - Ministry of Agriculture and Food - Ministry of Transportation and Communication REPORT 00. ; 9D-I53-88 PAGE 3 _______________________________________________________________________________ 5.2 The Town of Newcastle Community Services requested the applicants pay 5# cash-in-lieu of parkland dedication of the creation of the two (2) lots. 5.3 The Town of Newcastle Public Works requested the owner contribute to the reconstruction of 8pIiva Road in accordance with Town Policy (300' x 41.I6 - ¢I2/348.00) . In addition the owner provide o lot grading plan, satisfactory to the Director of Public Works. 5.4 The Regional Public Works Department offered no objection, however noted that no municipal services are available. In addition, the department requested the payment of Regional levies for creation of two residential lots as a condition of the subsequent severance application. 5.5 The Miuiaty of Natural Resources also noted that Black Creek traverses the property and is o ooIdwatec creek for Brook and Rainbow trout. The Ministry offered no nb 'eotiuoo provided the present zoning, "Environmental Protection", recognizing the fIoodplaiu remain the same. 5.6 The Central Lake Ontario Conservation Authority require that the creek, regional storm floodDIaiu and valley slopes between the tops of the creek banks remain in the "Environmental Protection (8P)11 zone. However, / Conservation Authority Staff do not object to the tableland of each lot, adjacent to 8olioa Road, being rezoning to accommodate residential development. In addition, Conservation Authority Staff request the remainder of the lands be retained by applicant. 6. COMMENTS | 6.1 Staff have reviewed the application in regards to the provisions of the Durham Regional Official Plan and the approved policies of the Town of Newcastle Official Plan. In each of these planning documents there are policies in plane to recognize and delivate Rural Nodes and 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 scattered development. The entire cluster must be recognized in the local planning REPORT NO. : PD-153-88 PAGE 4 ------------------------------------------------------------------------------- 6.1 Cont'd documents, once defined no further extensions may be permitted. In addition, the existing group of dwellings must be on relatively small lots and new clusters may not be located on Provincial Highways or Type "All Arterial Roads. Finally, development with a cluster must be compatible with surrounding uses and must conform to the Agricultural Code of Practice. 6.2 Within the Town of Newcastle Official Plan, a Cluster is definable as three to six existing residential lots of similar size and characteristics for which building lots are available and within which infilling may occur up to a maximum of (3) additional lots. A Cluster shall also be defined as areas bounded on three (3) sides by natural or physical boundaries. In addition, the Plan has regard for the Agricultural Code of Practice and active agricultural operations. 6.3 Staff is of the opinion that the proposed area cannot be defined as a separate entity, as three to six lots of similar lot size and characteristics. Staff would note the lots to the north and south of the subject lands are 4.04 hectares (10 acres) each, (see attached) . In that regard, to create two lots that are each .63 hectare (1.58 acres) would not be in keeping with the size and characteristics of the lots in the immediate area and could further be considered as scattered development. 6.4 Staff would note for the Committee's information that the intent of the policies in the Regional official Plan and Town of Newcastle Official Plan is to preserve the integrity of rural area by maintaining it for agricultural uses. In that regard the policies are intended to promote non-farm residential uses to be developed in Hamlets. 6.5 For the information of the Committee, two neighbours, Mr. and Mrs. D. R. Carter and Mrs. Annette Mason have filed objection with the Region of Durham. 5 ) REPORT K0. : PD-I53-88 PAGE 5 _______________________________________________________________________________ 7. RECOMMENDATIONS Given the above-noted conxneuLa, Staff would respectfully recommend that the application to permit two (2) non-farm residential lots be denied as the proposal is not in keeping with the policies or intent of the Durham Regional official Plan and approved policies of the Town of Newcastle official Plan. Respectfully submitted, Recommended for presentation to the Committee r � ---_--________- Franklin Wu ��reo toeff Director of Planning 6 Development Chief i i trative Officer CBV*FW*bb *Attach. July 6, 1988 cc Mr. J. Stoop and Mc. Q. Qercitia R.R. #3 8ovmaoville, Ontario LlC 3K4 / oo Mc. Irwin A. Hamilton Barrister and Solicitor I Division Street Bmvmauville' Ontario LlC 3R8 co Mc. & Mrs. D. A. Carter R.R. #3 8ovmauvilIe, Ontario L2C 3K4 cc Mrs. A. Mason B.R. #3 BovonaoVille, Ontario LIC 3K4 LOT 26 LOT 25 LOT 24 LOT 23 i (Unopened ) CONC. ROAD 4 (Unopened) I 010-090-04900 tI (100.000c.) 1 _ z 0 010-090-04800 10.02 ac.) U) 010-090-04700 U) ( 10.02 ac.) W U Z Q 10.100c.) C) Q 010-090-04500 O Q � O 010-090-04400 U L NAS(59.38 ac.) H ROAD -- r PH 111111 1® SUBJECT SITE : 010-090-04600 ( 14.82 ac. O . P.A . 88 - 24 / D .