Loading...
HomeMy WebLinkAboutPD-84-86 C)) , 114 TOWN OF NEWCASTLE y REPORT File # Res. W(, -�. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, April 7, 1986 REPORT #: PD-84-86 FILE #: DEV 86-5 SUBJECT: REZONING APPLICATION - LUIGI AND CARMELA CUPELLI PART LOT 20, CONCESSION 2, DARLINGTON OUR FILE: DEV 86-5 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-84-86 be received; and 2. THAT application for rezoning of Part of Lot 20, Concession 2, former Township of Darlington, submitted by Mr. L . Cupelli , to permit the development of an additional lot be denied without prejudice. BACKGROUND: On August 15, 1985 an application (LD 90/85) , submitted to the Land Division Committee for consent to sever a 2.4 hectare parcel of land from a 5.5 hectare parcel supporting a house, garage and farm buildings, was circulated to Staff for consideration and comment. The application was scheduled for the Land Division Committee' s meeting to be held on September 9, 1985. The following comments were provided by Staff for Committee's consideration at said meeting. . . .2 REPORT NO. : PD-84-86 Page 2 "CONFORMITY WITH OFFICIAL PLAN: The subject lot is designated as "Agricultural " in the Darlington Planning Area Official Plan. Pursuant to Section 3.7(f) of the Plan, "the size of any parcel of land created by consent should be appropriate for the use proposed and in no case, should any parcel be created which does not conform to the provisions of the zoning". CONFORMITY WITH ZONING BY-LAW: The subject property is zoned "Agricultural (A)" within By-law 84-63, as amended, of the Town of Newcastle. The subject severance proposes to create two (2) farm-related rural residential lots as submitted by the applicant. Pursuant to Section 6.2 "farm-related residences on lots which are created by severance in accordance with the Durham Regional Official Plan shall comply withthe "Residential Hamlet (RH)" zone requirements". However, Section 12.2.4 of the Regional Official Plan permits severancaes for: (i ) a retirement lot for a bona-fide farmer; (ii ) a surplus dwelling; or (iii ) an inter-family conveyance. The applicant has indicated that the proposed severance is for none of the above-mentioned uses. Accordingly, Section 6.2 of By-law 84-63 would not apply and the severance would be considered, pursuant to Section 6.3, as a farm use. In that case, the minimum lot area required for the lots to be created is 40 hectares (100 acres). The proposed severance would, therefore, not conform with the zoning by-law provision for minimum lot area. RECOMMENDATIONS: Denial , due to the non-conformity with the Regional Official Plan and By-law 84-63 of the Town of Newcastle. " Staff would note that the Committee in consideration of the application, moved that Application LD 290/85 be denied as the proposal does not conform with the Durham Regional Official Plan or the Zoning By-law for the Town of Newcastle. - MOTION LOST. Accordingly, a further motion was made of the Committee that application LD 290/85 be tabled for a period of one (1) year to enable the applicants to ascertain from the Town of Newcastle the possibility of the area being recognized as a node or cluster due to the existing residential development. - MOTION CARRIED. I i i . . .3 i i REPORT NO. : PD-84-86 Page 3 Accordingly, on January 30, 1986 the Planning Department received an application for rezoning from Mr. & Mrs. Cupelli to permit the development of an additional lot. Within the Regional Official Plan the subject property is designated "Major Open Space". In accordance with the provisions of Section 10.2.1.2 of the Durham Official Plan, the development of new non-farm residential uses shall generally be discouraged. However, limited non-farm residential dwellings may be allowed in the form of infilling within the "General Agricultural" areas and the "Major Open Space System" as designated on Map A if it is deemed desirable by the Council of the respective area municipality and is recognized in the Zoning By-law. Staff would note for the Committee' s information that pursuant to Council 's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. Staff would note for the Committee's information that at the date of writing of said report, no objections to the application, pursuant to the posting of the signage, has been received. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted in Staff Report PD-43-86. Staff would note that the following departments/agencies in providing comments, offered no objections to the application as filed. 1. Town of Newcastle Building Department 2. Central Lake Ontario Conservation Authority 3. Town of Newcastle Fire Department 4. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board 5. Ontario Hydro 6. Town of Newcastle Community Services Department The Durham Regional Health Unit, in responding, noted that the application for rezoning had been investigated and insofar as health matters were concerned, there were no objections to its approval . Further clarification I . . .4 i I i REPORT NO. : PD-84-86 Page 4 was offered, however, noting that this was not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit will be issued only after a proper inspection of the lands involved has been made and said inspection carried out upon receipt of a formal application. The Town of Newcastle Works Department, in responding, noted that there is presently a drainage problem on the subject property. In recent years an existing watercourse which traverses the property was altered which subseqently created a backup of drainage on the east side of Holt Road. It was noted that this area now exhibits seasonal flooding since the east ditch on Holt Road formed part of the natural drainage basin for this watercourse. The Public Works Department noted that the proposed rezoning is unacceptable based upon the above-mentioned concerns and furthermore, if the applicant reinstates the watercourse to its original condition, prepares a lot grading and drainage plan to the satisfaction of this Department, and dedicates to the Town of Newcastle an easement free and clear of all encumbrances for the maintenance of the watercourse, Staff would concur that the proposed usage, being residential , would be admissible. The Ministry of Agriculture and Food/Foodland Preservation Branch in commenting noted that approval would not comply with the Foodland Guidelines and accordingly, Staff would not recommend approval . As noted in their response, Staff indicated that approval of the rezoning application would fragment farmland, and furthermore, it was noted that the proposed severance was located on lands designated Class 1 as described in the Canada Land Inventory. The Region of Durham Planning Department provided the following response: "In response to your request for comments we note that the subject property is designated "Major Open Space" in the Durham Regional Official Plan. In accordance with the provisions of Section 10.2.1.2 of the Durham . . .5 i I REPORT NO. : PD-84-86 Page 5 Plan, the development of new non-farm residential uses shall generally be discouraged. However, limited and non-farm residential dwellings may be allowed in the form of infilling within the "General Agricultural " areas and the "Major Open Space System" as designated on Map A if it is deemed desirable by the Council of the respective area municipality and is recognized in the Zoning By-law. Infilling 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 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 node or cluster being identified in the respective zoning by-laws. The proposed residential uses may be permitted if it can be demonstrated that the proposal meets the above provision of the Durham Regional Official Plan." In consideration of the above response and inasmuch as the designation is contained within the Durham Regional Official Plan, Staff requested the Region' s interpretation of this document and a clear indication from Regional Staff as to the Official Plan designation for the subject property. Further to the above, Staff was advised that inasmuch as the determination of the Official Plan conformity would require detailed sites specific investigations, Regional Staff would rely on the Town of Newcastle's analysis and Staff' s consultation with Town Council to determine if the proposal meets the infilling criteria as defined in the Durham Regional Official Plan. Further to the above-noted comments, Staff would note that within Section 10.2.2.2 non-farm residential uses shall comply with the Agricultural Code of Practice, as amended from time to time. Within the Town' s criteria for identifying rural nodes or clusters , a node/cluster is defined as an area of rural non-farm related residential development which exhibits similar lot characteristics and contains a minimum of three (3) and a maximum of six (6) existing residential lots which building permits would be available and within which infilling may * occur to a maximum of three (3) additional lots. As noted on the attached schedule, the lots on the east side of Holt Road vary in size from 17.27 acres down to 0.3 acres. Staff would note that along the east side of Holt I . . .6 REPORT NO. : PD-84-86 Page 6 Road, with the exception of the 11.48 acre parcel , a single family dwelling exists on each lot. It is Staff' s opinion that, given due consideration of the comments received, specifically that of the Ministry of Agriculture and Food/Foodland Preservation Branch and the Town' s criteria for identifying rural nodes and clusters, the proposed rezoning would not be appropriate. Within the criteria it is stated "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. . ." As noted previously, provisions within the Durham Regional Official Plan require that non-farm residential uses are to comply with the Agriculture Code of Practice, as amended from time to time. The Ministry of Agriculture and Food in responding indicated that approval would not comply with the Foodland Guidelines inasmuch as an approval would fragment farmland and provide for the severance of lands designated within Class 1 of the Canada Land Inventory Soils mapping. In consideration of the above-noted comments and concerns, it is Staff's opinion that the approval of the rezoning application as submitted, would not be in compliance with the present Town policies and the Durham Regional Official Plan. Accordingly, Staff is not in a position to support said application. Respectful 1-y- bmi tied, T. Edwards, M.C.I .P. Director of Planning i LDT*TTE*jip *Attach. March 20, 1986 i cc: Mr. & Mrs. Cupelli R.R. #3 BOWMANVILLE, Ontario L1C 3K4 I AREA OF PROPOSED REZONING A f EP ' A �I � r�l r N A-4 Z O co ui C,.4 v t, R H b Z r O U RH A A LOT 21 LOT 20 LOT 19 0 50 100 200 500 m KEY MAP 50m �►