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HomeMy WebLinkAboutPD-254-88 DN: 254-88 TOWN OF NEWCASTLE REPORT File # bo• 3,s"',� i2 Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday November 21, 1988 REPORT #: pp 254-88 FILE #: DEV 86-19 & OPA 88-29/D SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION ZONING BY-LAW APPLICATION WILLIAM AND KATHERINE ROWLAND PART LOT 31, CONCESSION 7, FORMER TOWNSHIP OF CLARKE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-71-88 be lifted from the table; and 2. THAT Report PD-254-88 be received; and 3. THAT the Official Plan Amendment and the Zoning By-law Amendment applications submitted by William and Katherine Rowland, to permit the creation of two (2) non-farm residential lots be DENIED; and 4. THAT the Region of Durham be so advised; and 5. THAT the applicants be so advised 1. BACKGROUND: I 1.1 On March 21, 1988, Committee considered Staff Report PD-71-88 in consideration of a zoning application to amend By-law 84-63, to permit the creation of four (4) non-farm residential lots and to permit the conveyance of a small parcel to the adjacent property. . . .2 i _�_�� _/�. (��' REPORT NO. : PD-354-88 PAGE 2 _______________________________________________________________________________ 1.2 Staff had recommended denial of the Application noting that the lots could not be considered a node or cluster as delineated in the Durham Regional Official Plan or by the Town's criteria, approved by council. The application was tabled by Committee until such time as the Region had completed the Official Plan Review dealing with rural policies. On April 31, 1988 the Town was advised by the Region of an Official Plan Amendment submitted by Mr. and Mrs. Rowland, to amend the Durham Regional Official Plan in order to permit the creation of the two (2) additional non-farm residential lots . | 2. LOCATION: 2.1 The subject property is located on the west side of Leakmrd Road, approximately 308 metres (1000 ft.) north of Concession Road 7" being Part Lot 31, Concession 7' former Township of Clarke. 3. 8OI8lODNDINQ LAND USES: 3.1 The subject property is wedge shaped, being bound by Leabacd Road to the east and an ouopeud road allowance, known as Old Mill Road to the west. In addition m Hydro easement traverses the lands, to an east west direction. ' The lands on either sides of the road allowances are large treed BaroeIov noting that the lands to the west are owned by a Fish and Conservation Club. The lands to the north are non-farm residential dwellings, on lots generally Ieoo than one acre. The lands to the south are parcels of approximately three (3) acres for which building permits are available. 4. CIRCULATION: 4.1 In accordance with departmental procedures, the application was circulated by Planning Staff to the Town's departments for comments, as well the Regional Planning Department has provided copies of comments received through their circulation. The following agencies/ departments uffecd no objection. ^ . .3 REPORT 00. : PD-254-88 PAGE 3 _______________________________________________________________________________ -Tuvnz of Newcastle Fire Department -Regional Health Department -Regional Works Department -Qaoacaaha Conservation Authority -Ministry of Environment -Ministry of Natural Deaoocoeo -Ministry of Transportation -Ministry of Agriculture and Food -Ontario Hydro 4.2 The Town of Newcastle Public #Vzko Department offered no objection, however ' requested that the applicant contribute to the upgrading of Leokacd Road and the applicant satisfies the Works Department with respect to drainage, accesses and road wideniogo. 5. COMMENTS: 5.1 The subject property is currently designated as "Major 0Deu Space - Oak Ridges Moraine" in the Regional Official Plan. The 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 related residential ooeo shall be discouraged within the "Major � Open Space" designation unless such development proceeds in a form of iufilliug between existing residential dwellings and provided that such a use in definable as a node or cluster. 5.2 Accordingly, the criteria within the Durham Regional Official Plan are that a Cluster or Node must be definable as a separate entity so as not to be considered as strip or scattered development, the existing group of dwelling nmat be on relatively small lots and new Clusters may not be located on Provincial Highways or Type "All Arterial Roads. Finally, the development within the Cluster moot be compatible with 8occooudiug uses and conforms with the Agricultural Code of Practice. REPORT 0D. : PD-254-88 PAGE 4 _______________________________________________________________________________ 5.3 Staff have reviewed the application with the above noted criteria and would note that there is no definable cluster in this area. The lots to the north are primarily strip development and the addition of two lots would further promote undesirable strip development in this area and in Staff opinion, contrary to good planning. 6. RECOMMENDATION: 6.1 Given the above, Staff oauuut support the Official Plan Amendment application and the rezoning application. / Respectfully submitted, Recommended for presentation � to the Committee ` j- --- --------------- Franklin Wu' M.C.I.P. �trencetaeff Director of Planning 6 Development Chief Admlul tcative Officer {3IV*FW»oo *Attach. November 14, 1988 CC: Mc. 6 Mrs. Wm, Rowland � R.R. # 3 Orono, Ontario LOB IM0 CC: Gerald K. Burgess Unit 109 4663 Kingston Road WEST HILL, Ontario MlE 4X7 j�-° �M1 PLAN OF SURVEY r Cr-BUILDING LOCATION ON PART OF LOT 31,CONCESSION 7, I o ° GEOGRAPHIC TOWNSHIP OF CLARKF., TOWN OF NEWCASTLE m a o REGIONAL MUNICIPALITY OF DURHAM (Formerly County of Dtxhom) SCALE: I rich 100 feei l ) ! i -• r 3 Q Ij nr ` R i o _ i wnric u i surd' ,x O 5o 100 200 300m 88-29/D i DN: 71/88 TOWN OF NEWCASTLE \ REPORT File # Res. # - f By-Law # hEETING: General Purpose and Administration Committee DATE: Monday, March 21, 1988 REPORT #: PD-71-88 FILE #:DEV 86-19 SMUT: REZONING APPLICATION - WILLIAM AND KATHERINE ROWLAND PART LOT 31, CONCESSION 7, FORMER TOWNSHIP OF CLARKE OUR FILE: DEV 86-19 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-127-86 be lifted from the table and be received for information; and 2. THAT Report PD-71-88 be received; and 3. THAT the application for rezoning of Part Lot 31, Concession 7, former Township of Clarke, submitted by William and Katherine Rowland, to permit the creation of four (4) residential building lots be denied. 4. THAT the applicants be so advised. BACKGROUND AND COMMENT: On May 20, 1986 Committee considered Staff Report PD-127-86 (copy attached) , in consideration of an application for rezoning submitted by William and Katherine Rowland, to create four (4) residential building lots in Part of Lot 31, Concession 7, former Township of Clarke. Report PD-127-86 was tabled at the request of applicant and was referred back to Staff pending further dialogue and review between Staff and the applicants. In that regard, Staff was approached by Mr. Rowland, Wednesday March 2, 1988, and asked that the matter be lifted from the I table and that a recommendation be brought to Committee. ...2 REPORT NO.: PD-71-88 C1 — PAGE 2 Staff would note for the Committee's information that the subject rezoning application was initially recommended for denial in May of 1986 because it did not qualify as a distinct node or cluster within the Durham Regional Official Plan or the Town of Newcastle Official Plan. Shortly after the tabling of the application, Staff met with the applicant to further review the situation and the rationale behind the Staff recommendation. Following thereon the applicants formally requested that no further action .be taken until January, 1987. The applicants were not heard from again until March 21 1988. Staff have again reviewed the application and have noted that the subject lands are designated as "Major Open Space - Oak Ridges Moraine" in the Regional Official Plan. The 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 the "Major Open Space" designation unless such development proceeds in the form of infilling between existing residential dwellings and provided that such development is recognized as a node or cluster in the local municipality's Zoning By-law. The subject lands are currently zoned as "Agricultural (A)" in the Town of Newcastle's Zoning By-law 84-63, as amended. This zone does permit non-farm residential uses which predate the present by-law. However, newly created lots by severance and structures thereon must be done so in accordance with the Regional Official Plan provisions. Section 12.2.1.3 of the Regional Plan states that clusters shall contain the following characteristics: (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 Zoning By-law. Once defined no further extensions to the cluster shall be permitted; I (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 "A" Arterial road; and .. .3 i Z��� REPORT NO. : PD-71-88 PAGE 3 (v) development within the cluster is compatible with the surrounding uses and conforms with the Agricultural Code of Practice." The Town also has its policy on how to identify a Node or Cluster. The attachment to Report PD-180-86, which was presented to Council, outlined the criteria which Staff examine: "For the purposes 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 infilling may occur up to a maximum of three (3) additional lots. 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." In addition to the foregoing, rural Nodes or Clusters shall not be permitted in areas designated as "Permanent Agricultural Reserve" by the Regional Official Plan. In other designations Nodes or Clusters shall not be permitted in areas located adjacent to active, agricultural operations. Where a Node or Cluster is designated it must comply with the Agricultural Code of Practice and the applicable provisions of the Town's Zoning By-law. Staff is of the opinion that this application does not fall within the definition set by either of the two policies. Firstly, the proposed lots are not similar in size and characteristics of the surrounding residential lots, noting for the Committee's information that the surrounding lots are much larger than the proposed lots with consideragble frontages. The lot directly north of the subject lands has a lot area of 1.35 hectares with a frontage of 117 metrtes along Leskard Road, and i the lot directly south has a lot area of 2.17 hectares and 365 metres frontage on Leskard Road. Given this, Staff are of the opinion that the creation of new lots on the subject lands would only constitute strip development along Leskard Road. Accordingly, Staff are still not in a position to support the application. Respectfully submitted, Recommended for presentation to the Committee T. . Edwards, M.C.I.P. Lawrence E. Kotseff Director of Planning Chief Administrative Officer i CRv*TTE*bb *Attach. March 9, 1988 Applicant: Mr. & Mrs. Wm. Rowland R. R. #2 ORONO, Ontario LOB 1M0 I �I I ��,�.w•�� TOWN OF NEWCASTLE REPORT File # Res- # i ^F By-Law # .,rte. • MITING: General Purpose and Administration Committee DATE: Tuesday, May 20, 1986 REPORT #: PO-127-86 FILE #: DEV 86-19 SUS,ECT: REZONING APPLICATION - KATHERINE & WILLIAM ROWLAND PART LOT 31, CONCESSION 7, FORMER TWP. OF CLARKE OUR FILE: DEV 86-19 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-127-86 be received; and 2. THAT application for rezoning DEV 86-19 submitted by Katherine and William-Rowland be denied without prejudice; and i 3. THAT a copy of Council 's decision be forwarded to the applicant. BACKGROUND: i i On March 26, 1986, an application was submitted by Katherine and William Rowland to rezone a 3.8 hectare (9.43 acre) parcel of land located in Part Lot 31, Concession 7, former * Township of Clarke (see attached key map) to permit the creation of four (4) residential building lots. The subject property is designated "Major Open Space - Oak Ridges Moraine" by the Durham Regional Official Plan and are zoned "A-1 Agricultural " by By-law 84-63, as amended. By-law 86-41, which made a number of general amendments to By-law 84-63 and which was approved by Council on March 24, 1986, rezoned a large area, including the . . .2 I I REPORT NO.: PD-127('( v ! Page 2 subject lands, to the south and east of the Hamlet of l.eskard from "A-1" to "A". However, the Region of Durham has submitted an objection to By-law 86-41 in respect of the proposed zoning of an unrelated property. The subject lands are currently occupied by one (1) single family dwelling occupied by the applicants. I In accordance with departmental procedure, the subject application was circulated to various agencies and departments for comment. The following is a summary of the major comments received: Town of Newcastle Public Works Department "We have reviewed the above-me ntioned. application for rezoning and find we have no objection in principle to this proposal provided that: 1. The applicant contributes to the upgrading of leskard Road; and 2. The appicant satisfies the Public Works Department with respect to drainage, accesses and road widening." Town of Newcastle Fire Department "The Fire Department has no objection 'to the subject application. Consideration should be given to the Town's policy with respect to rural fire protection standards. Responses :from Station #3 located in Orono and water supply is by Fire Department tanker truck. " Ganaraska Region Conservation Authority "No objection." Region of Durham Planning Department "We note that the subject site is designated "Major Open Space - Oak Ridges Moraine in the Durham Regional Official Plan. New non-farm residential uses are generally discouraged within this designation. However, Section 10.2.1.2 of the Durham Plan stipulates that a limited number of dwellings may be allowed in the form of i nfi l l i ng within the "Major Open Space" if it is deemed desirable by the Council of the respective area municipality and is recognized in the Zoning By-law. fnfilling is defined in Section 10.2.1.4 of the Durham Plan as: ". . . .situations where one or more non-farm residential dwellings are to be located between two buildings located on the same side of a i 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." . . .3 I i REPORT NO.: PO-127-86 Page 3 Region of Durham Planning Department (Cont'd) From our cursory review of information in our office related to this area, it appears that the existing non-farm residential uses do not constitute a distinct Node or Cluster as envisaged in the Durham Regional Official Plan." Durham Regional Health Unit "No objection." Ministry of Agriculture and Food "No objection." COMMENT: Regional Planning Staff have indicated that in their opinion, the subject rezoning application does not constitute a distinct Node or Cluster as envisaged by the Durham Regional Official Plan. The Town's Criteria for identifying rural Nodes and Clusters stipulates that, in order to be identified as a rural Cluster, an area must be bounded on at least three (3) sides by natural or physical boundaries such as watercourses or public streets. Staff note that the subject lands are bounded on the east by Leskard Road and on the north and west by a forced road known as the Old Mill Road. This road is not open and maintained by the Town; and Staff have been unable to determine whether or not it is owned by the Town. However, information provided by the Ministry of Revenue assessment records indicates that the road is not owned by the adjacent property owners. I I The Town's Criteria further requires that rural Clusters not be designated adjacent to active, agricultural operations and must comply with the Agricultural Code of Practice. A site inspection by Staff indicated no agricultural operations in the immediate area. As well , the Ministry of Agriculture and Food indicated no objection to the subject application. . . .4 i REPORT NO.: PO-127-86 Page 4 The Town's Criteria defines a Node or Cluster as an area of rural non-farm related residential dwellings which exhibit similar lot characteristics and which contain a minimum of three (3) and a maximum of six (6) existing residential lots for which building permits would be available. The lot directly to the north of the subject lands is occupied by a single family dwelling. This lot has an area of 1.35 hectares and a frontage of 117 metres along Leskard Road. The lot immediately to the south is currently vacant, although the zoning would permit the issuance of'a building permit for one (1) single family dwelling. This lot has an area of 2.17 hectares and a frontage along Leskard Road of approximately 365 metres. The lots adjacent to the lands subject of the rezoning application do not possess similar frontage and area characteristics. As well , the new lots as proposed by the applicant also would not have frontages and areas similar to the adjacent lots. The subject lands therefore are not part of a distinct Cluster of non-farm related lots exhibiting similar characteristics. Staff are of the opinion that the creation of new residential lots on the subject lands would only contribute to further strip development along Leskard Road. In consideration of Regional Planning Staff's comments with respect to Official Plan conformity and the Town's Criteria for identifying rural Nodes . and Clusters, it is respectfully recommended that rezoning application DEV 86-19 submitted by Katherine and William Rowland be denied without prejudice. It is further recommended that a copy of Council 's decision be forwarded to the applicant. Respectf tted, T.T. Edwards, M.C. I.P. Director of Planning JAS*TTE*j ip *Attach. May 2, 1986 cc: Mr. & Mrs. Wm. Rowland R.R. #2 ORONO, Ontario LOB IMO I m 0 0 rn - - A i 11,• ,.71. o' W a N:Iroaroo•• ,tr•. •. s ��7! o•�l�o•s o 101•!t 1 ia•t• .w+• •.t' H J . 4,Q _ ..•. •�•/ \� :<"[rVll •�'N 7! / g o •- °, •• .¢�• 1 A2t•p2'p• -•} �:1ii/',"'� '.t:...: W C� ��ca N��•17 rl o! �.•! ;•.•+�•12�,0� d s R0,40 i D — —s 1:t.7: .°•• ,eotao'+ 5,/ARD r W Irgl'oo^+ • Nr' !� - Z fi e .x�� T> ► ����\ N S O 11 w f zb •/ .� )� �...'�' _. .. ..-\\ N d CONCESSION 6 l..-CONCESSION 7 v