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Home My WebLink AboutPD-233-88 DN: 233-88 V �L\ TOWN OF NEWCASTLE 1 REPORT File s Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, October 31, 1988 i REPORT #: PD-233-88 FILE #: DEV 88-04 SUBJECT: REZONING APPLICATION - OLGA BROWN PART LOT 5, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON OUR FILE: DEV 88-04 RECOMMENDATIONS: 1 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-233-88 be received; and 2. THAT the rezoning application submitted by Giuseppe DiMarco International Inc. on behalf of Mrs. Olga Brown, to permit the expansion of an existing six (6) unit apartment building be DENIED; and 3. THAT the applicant and the applicant's agent be so advised. 1. BACKGROUND I 1.1 The Town of Newcastle Planning Department received an application submitted by Giuseppe DiMarco International Inc. on behalf of Mrs. Olga Brown, to amend By-law 84-63, of the Town of Newcastle. 1.2 The subject application would seek to convert the existing house, containing six (6) units and construct an addition to create thirteen (13) new units in total, on a 4,550 square metre parcel of land. In addition, Staff would note that the development would take place on private services. i REPORT 0O. : PD-233-88 PAGE 2 _______________________________________________________________________________ 3. LOCATION 2.1 The subject property is located on the southwest side of the intersection of Highway 0o. 2 and Bennett Road, being Pact Lot 5, Concession l, former Township of Darlington. Staff would note that the subject lands are outside the Urban Area Boundary of 8ovmanviIIe. 3. SOIDROD0DI0Q LAND USES 3.1 The land directly to the northeast is mainly residential along the Highway 0u. 2 corridor. The lands directly to the north, aootbv and � west are predominantly used for agricultural crops. The lands to the east is also agricultural lands noting that m livestock barn 1a � located nearby. �. PUBLIC NOTICE Staff would note for the Committee's information that the applicant did not post the appropriate aigoage 30 days prior to the Public Meeting date' originally scheduled for October 17" 1988. As a ceaoIt' the meeting date was rescheduled for October 31/ 1988 and accordingly, the appropriate oiguaga was then installed pursuant to Council's { resolution and the requirements of the DIaooiug Ant. 5^ CIRCULATION 5.1 In accordance with departmental pcnoedoceav the application was circulated to obtain comments from other departments/agencies. Staff would note that the following agency offered no objection to the application as filed: - Central Lake Ontario Conservation Authority . . .3 REPORT NO. : PD-233-88 PAGE 3 ------------------------------------------------------------------------------- 5.2 The Town of Newcastle Fire Department offered no objection to the proposal provided that the applicant comply to the appropriate sections of the Ontario Building Code and the Ontario Fire Code. 5.3 The Town of Newcastle Public Works Department offered no objection to the proposal provided that the applicant meet all the requirements of the Public Works Department, financial and otherwise and that the applicant enter into an agreement with the Town of Newcastle and this Department be kept informed of the status at all times. 5.4 The Region of Durham Planning Department noted that apartments are not permitted in the "Permanent Agriculture Reserve" designation in the Durham Region Official Plan. However, the proposal could be considered under Section 16.6.5 which permits the expansion or enlargement of uses which do not conform to the designations and provisions of the Plan. 5.5 The Regional Health Services Department does not support the application as there is insufficient area for on-site sewage disposal or replacement sewage disposal. 5.6 The Ministry of Agriculture and Food is not in favour of the proposal i noting that the proposal does not conform to the Agricultural Code of Practice since there is a large swine barn located to the southeast. The proposal requires a separation distance of 1,586 feet and the actual separation distance is approximately 230 ft. The Ministry Staff also noted that the Foodland Guidelines direct residential uses to urban areas of areas of marginal agricultural lands to minimize conflict between non-farm residential uses and agricultural. Staff would note that the proposal is located within the "Permanent Agriculture Reserve" designation which conflicts with the Foodland Guidelines. . . .4 I B8P08T 00. : PD-233-88 PAGE 4 _______________________________________________________________________________ 5.7 The Ministry of Transportation offered no objection subject to the existing entrance be physically closed and that a Building and Laud Use Permit be obtained from Ministry of Transportation's offices. 6. STAFF COMMENT 6.1 Staff have reviewed the proposal with the provisions in the Durham Region official Plan and would note that the use is not permitted in the "Permanent Agriculture Reserve" designation. However, the plan does recognize that oeeov do not conform to the designations or provisions of the Plan. In addition, Section 16.6.5 would permit the enlargement or expansion of such a use provided that such a use has no adverse effects on the present uses of the surrounding lands or implementation of the provisions of the Plan. In addition, the expansion/enlargement must have regard for the Agricultural Code of Practice as well as be accessible by a public road, maintained by the appropriate authority on a year-round basis and finally, are subject to any conditions that may be contained in the local Plan. 6.2 Given the comments from the Ministry of Agriculture and Food the proposal clearly does not meet the criteria set out by Section 16.6.5. In addition, the concerns of the Health Department are serious in that ( � two septic systems, as proposed would not be sufficient to boodIe the � capacity of thirteen (I3) units. This in itself also does not comply with the Durham Regional official Plan. 6.3 Finally, with respect to the status of the six (6) existing apartment | | units in the dvm*lIiog' staff had requested the applicant to provide legal documentation that the use was existing prior to the By-law 84-63 to confirm its legal non-conforming status. To date the information has not been submitted. ! | . . .. ---------------------- --- ---- ------- -'-------- ---- ' - - ----- -- -' ---- - - --'----- --'- -' | REPORT 0O. : PD-233-88 PAGE 5 _______________________________________________________________________________ 7. CONCLUSION This application to increase the apartment units from six (6) to thirteen (13) is in clear contravention to the official Plan, does not meet the Health Department requirement, and conflicts with the Foodlaod Guidelines. Residential development of this nature does not belong to the rural agricultural environment and should be DENIED. Respectfully submitted, Recommended for presentation to the Committee it � ________-______ Franklin Wu, M.C.I.P. Lawrence K taeff Director of Planning & Development Chief 8dm1 rntive officer CDV*FV ]iD *Attach. October 20, 1988 CC: Mrs. Olga 8covmn Box 40 King Street West NEWCASTLE, Ontario LOA IB0 � Giuseppe DiMmrco International Inc. 600 Bay Street Suite 403 TORONTO, Ontario ! / MSG lM6 ' ----_--------'------- - ' '----- ' -' ---- - - --------------- '' --- - --' - ---_' - - ----' -'------- � ! | � � SUBJECT SITE 6 ,5 4 3 2 1 CO CESSION ROAD 3 I N I i Z Ad! 0 , W I IEP W I c�pR ► U ' Z O CONCESSION RD. EP 2 V 1 A•11 W �- I I z a a O I I 10 (j) A- I a V) EP I m p W W t- Z U �.T i I z J z Z ° - l Q GNwgY �o a 0 O 0 a i w i A Y Z I m I C) Hi�Hwgy No j � 4 � M! I � HAM 1 AA. u- & lEp A IR(�I LAKE ONUR/O 0 250 500 IOOOm KEY MAP 5OOm *0 Dev. 88 -04