HomeMy WebLinkAboutPD-84-86 C))
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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.
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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.
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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
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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
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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
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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
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LDT*TTE*jip
*Attach.
March 20, 1986
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cc: Mr. & Mrs. Cupelli
R.R. #3
BOWMANVILLE, Ontario
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