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HomeMy WebLinkAboutPD-174-88 DN: 174-88 l �7 TOWN OF NEWCASTLE r��•�' � REPORT Asti F I #,6L1 YZ � . Rey. # P By-Law # NESTING: General Purpose and Administration Committee DATE: TUESDAY, September 6, 1988 REPORT #: PD-174-88 FILE #: PLN 30.4 SUBJECT: NODES AND CLUSTER POLICIES OUR FILE: PLN 30.4 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-174-88 be received; and 2. THAT Option (f contained in Report PD-174-88 be approved; and 3. THAT the Town's policies on Nodes and Clusters be rescinded. 1. BACKGROUND: 1.1 In May of 1986, Council approved a set of criteria for identification of rural Nodes and Clusters. In summary, these criteria are: a) must be non-farm related b) lots of similar size c) between three (3) to six (6) existing lots d) maximum infilling of three (3) additional .lots e) bounded at least on three sides by natural or physical boundaries f) have a focal point such as school, community central area, church or general store g) must not be located in areas designated as "Permanent Agriculture Reserve" in the Durham Regional Official Plan h) must not be located adjacent to active agricultural operations in violation of the Agriculture Code of Practice. . . .2 REPORT NO. : PD-174-88 PAGE 2 ------------------------------------------------------------------------------- 2. PROBLEMS ASSOCIATED WITH THE TOWN'S NODES & CLUSTER POLICIES 2.1 Inherent with these criteria are the fact there will be very few nodes and clusters that can be created if these criteria are followed to the letter. For example, one of such criteria calls for such node or cluster to have a focal point such as school, community central area, church, a general store. The nodes and clusters that have been identified by the Town previously did not satisfy this criteria. In my view, Council has indirectly hinted that its own criteria for identifying nodes and clusters are not workable. 2.2 Although the Node and Cluster Policies were approved by Town Council, these policies have very limited status since they are not part of the Official Plan of the Town and therefore, would normally not be considered as legitimate planning policies by the Ontario Municipal Board. The Planning Act specifically requires Council to formulate it's planning policy through an Official Plan preparation exercise where a public meeting is a prerequisite prior to approval of any planning policy statement. 2.3 The Durham Regional Official Plan also contains criteria to define Nodes or Clusters. Some of these criteria are at variance to the Town's criteria and this results in unnecessary confusion. 2.4 For the information of the Committee and Council, the criteria for i identifying Nodes and Cluster Policies in the Durham Regional Official Plan are as follows: a) cluster is a definable separate entity b) not to be considered as scattered or strip development c) cluster must be identified in local Official Plan and/or Zoning By-law d) existing grouping of dwellings are on small lots generally less than 3 ha e) infilling permitted within cluster f) one lot extension in the periphery of existing residential development within the cluster boundary is permitted g) cluster is compatible with surrounding uses h) conforms to the Agricultural Code of Practice .. .3 I REPORT N0. : PD-174-88 PAGE 3 _______________________________________________________________________________ i) cluster can be created only on lands designated as "Major Open Space" and "General Agricultural Area" in the Durham Regional official Plan ') not permitted in areas fronting on Provincial Highway or Type n&n Arterial Road. 2.5 In summary, the Town's nodes and cluster policies has no status within the meaning of the Planning Act and are at variance with the official criteria used in the Durham Region official Plan. These problems must be addressed immediately so that Council can deal with this issue of nodes and nIooteco with a clear sense of direction. With this in mind, Staff is proposing three options for the consideration of Council. ' 3. PROPOSED OPTIONS Option Council can, by policy statement, state that it will not approve any � proposed rezoning for Nodes and Clusters. � � The Durham Regional official gIau allows local municipality to identify and zone Nodes and Clusters. Council should be aware that this � provision merely suggests that it is permissible to do so, but certainly not a mandatory requirement. The discretion lies with the / local municipal Council which may obuooe not to zone any node or cluster. Option Council can continue to deal with 0Vdao and Cluster applications based on the merits of individual application. However, the existing Town's policies must be rescinded to avoid inconsistency and confusion. The governing criteria for identifying Nodes and Clusters shall be those set out in the Durham Regional official Plan. Option Council can direct Staff to redraft the Nodes and Cluster Policies, and REPORT 00. : PD-174-88 PAGE 4 ------------------------------------------------------------------------------- to have such DmIioieo processed through as an amendment to the Tovmz"o official Plan. Such a process will satisfy the requirement of the Planning Ant, allow public input pznoeaa' and upon approval by the Region and the Ministry of Municipal &tfaico' will have legal atmtoa and are defensible before the Ontario Municipal Board. If this option is obnoeu, Option B will have to be implemented during this interim period. 4. COMMENTS � 4.1 Of the three options, Option A is too drastic and could lead to oomecuuo O.M.B. hearings. Options B and C are both workable solutions with Option C providing a lung term solution to the problem. The Region is oocceutIy reviewing its rural policies and it would be timely that the Town develops its own nodes and cluster policies consistent with the Regional policies being formulated at the same time. 4.3 This issue of Nodes and Clusters has plagued this Town for many years and it is imperative that a clear cut direction be provided to guide the development of this Town in the future on a consistent basis. / Respectfully submitted, Recommended for presentation to the Committee ~ / Franklin Wu �vr Kotoeff Director of Planning & Development Chief i istrative Officer FW*jiD *Attach. August 5, 1988