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HomeMy WebLinkAboutPD-179-86 TOWN OF NEWCASTLE t�? REPORT File # Res. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, July 7, 1986 REPORT #: PD-179-86 FILE #: DEV 86-32 SUBJECT: REZONING APPLICATION - MARTIN AND SIDONIA PR AZIENKA PART LOT 10, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON OUR FILE: DEV 86-32 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-179-86 be received; and 2. THAT the application for rezoning in Part of Lot 10, Concession 3, former Township of Darlington submitted by Mr. & Mrs. Prazienka to permit, through the recognition of a Node/Cluster, the development of one (1) additional residential lot be denied without prejudice. BACKGROUND AND COMMENT: On May 8, 1986 the Planning Department received an application for rezoning submitted by (vIr. & Mrs. Prazienka to permit, through the recognition of a Node or Cluster, the development of one (1) additional residential lot. Within the Region of Durham Official Plan the subject property is located within the "Major Open Space" designation. Staff would note in accordance with the provisions of Section 10.2.1.2 of the Durham Regional Official Plan the development of new non-farm . . .2 REPORT NO.: PD-179-86 Page 2 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 "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 i 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 (2) 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 a Node or Cluster being identified in the respective 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 Plannng Act the appropriate signage acknowledging the application was installed on the subject lands., Staff would note that no objection to the proposal was received at the writing of this report with respect to the amendment requested. Staff would note, however, general enquiries as to the notice advertising the Public Meeting were received by Staff. i In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-141-86. Staff would note the following departments/agencies, in responding, offered no objections to the application as filed: 1. Town of Newcastle Building Department 2. Ontario Hydro 3. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board 4. Town of Newcastle Fire Department 5. Central Lake Ontario Conservation Authori ty 6. Town of Newcastle Works Department 7. Town of Newcastle Community Services I The Durham Regional Health Unit, in responding, noted that the application had been investigated by the Health Department and insofar as health matters were concerned there were no objections to its approval . . . .3 REPORT NO. : PD-179-86 Page 3 The Ministry of Agriculture and Food - Foodland Preservation Branch, in responding, noted that the proposed site was located less than 150 metres (492 feet) from an existing livestock facility. Staff would note the livestock operation is located on the west side of Liberty Street directly opposite the applicant' s residence. The Department of Agriculture and Food noted within their comments that the property was level in terrain and consisted of Classes 1 and 4 in respect of the Canada Land Inventory Soil classes. It was recommended that approval not be ranted inasmuch as the Pp 9 application would not comply with the Foodland Guidelines. Furthermore, Ministry Staff indicated that approval would create an incompatible non-farm use in an agricultural area and approval would contravene the minimum distance separation requirements as established by the Agriculture Code of Practice. i The Region of Durham Planning Department confirmed, as previously noted within said report, that the subject property was designated "Major Open Space" within the Durham Regional Official Plan. In consideration of same, Staff was advised of the following provisions within the Durham Regional Official Plan . . . in accordance with the provisions of Section 10.2.1.2 of the Durham 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 "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 in Section 10.2.4.1 is defined as situations where one or more non-farm residential dwellings are to be located between two buildings j 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 a Node or Cluster being identified in the respective Zoning By-laws. . . . Section 10.2.2.2 non-farm residential uses shall comply with the Agricultural Code of Practice as amended from time to time. . . .4 ii i REPORT NO.: PD-179-86 Page 4 Staff would note for the Committee' s information that inasmuch as the proposal fronts a Regional Road, Regional Staff has requested that access be prohibited onto Liberty Street in consideration of the provisions of Section 13.2.7, 13.2.9 and 13.2.15 within the Durham Plan. "Section 13.2.7 . . . . arterial roads shall be designated primarily as limited access roads to facilitate traffic movement between major landuse activities and Region." "Section 13.2.9 . . .. a Type "B" arterial road shall have a right-of-way width of 86 feet to 120 feet." "Section 13.2.15 . . . the maximum number of private accesses to Type "B" arterial roads shall generally be as follows and regard shall be had to the provision of Section 13.3.3: a) six access points per side per mile in rural areas. . . ." As noted above, Section 13.3.3 states that the provisions of the above-noted subsections shall generally apply to arterial roads shown on Map "B". However, if the intent of this Plan is adhered to and following study of the effect of such provisions are impractical and cannot be implemented i precisely, the Authority having jurisdiction on such road may alter these provisions without an amendment to this Plan. Staff would note, in this particular instance, the Authority having jurisdiction on such roads would be implemented at the Regional level . Accordingly and as noted above, the Region has asked that access onto Liberty Street be prohibited. One of the criteria within the Town' s guidelines for identifying rural Nodes or Clusters requires that rural Nodes or Clusters shall not be permitted in in areas located adjacent to active agricultural operations and additionally, must comply with the Agricultural Code of Practice and the applicable provisions of the Town' s Zoning By-law. As noted by the Ministry of Agriculture and Food, the subject application is located less than 150 metres from a livestock facility. Additionally Staff would note for the Committee's information that Section 3.19 within the Town' s Comprehensive Zoning By-law requires that any non-farm related residential buildings be set back from existing agricultural buildings housing livestock, but not REPORT NO.: PD-179-86 Page 5 located on the same lot at a distance of 300 metres. The intent of the above-noted provision being to provide a separation distance between existing agricultural operations housing livestock and non-farm related residential dwellings. 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 present Town Policies, the intent of the provisions of By-law 84-63, nor the Durham Regional Official Plan policies as commented on by the Region of Durham. Accordingly, Staff are not in a position to support said application. Respectfully b ' ted, T.T. Edwards, M.C.I .P. Director of Planning LDT*TTE*j i p June 25, 1986 i cc: Mr. & Mrs. M. Prazienka R.R. #5 BOWNANVILLE, Ontario L1C 3K6 i i i I I i i I CONCESSION ROAD 4 1 I I 1 � I 1 1 I GOLF COURSE ORCHARD I ' I I I � � I LOT I I LOT 10 I I ' � I I � ' p I ® o I -- o Q i W = I U LIVESTOCK OPERATION MEXISTING DWELLING I 0 -LANDS rO BE SEVERED j 1 I I BARNQ EXISTING DWELLING I EXISTING DWELLING I I 12 I ( IQ 9 i__ CESSION_ R 0 _ Q I U i 1 a a BA(iN— 10USE—Y-u 0 w 1 i ® AREA OF PROPOSED REZONING ® OTHER LANDS OWNED BY APPLICANT 16 15 14 13 12 11 10 9 8 7 6 5 TAUNTON ROAD REGIO AL RJOAD 4 It C6 I I I f 3 AT I Z Il I I; I 1 0 A I V �. w t Z EP I I O - -- '-I. -.CONC. ROAD 4- --1--- - L_ ,A.1 A q,g _ I 1 A ci A M3 x I A I > I 1 A gip. i II Ep• ! , , A-1 I cn RE-41 ' w ' I ' ' ;iI U mA;IA ; 'E P ' � � z i o 0 250 500 1000M KEY MAP 50ofn 00 �