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Home My WebLink AboutPD-149-86 TOWN OF NEWCASTLE ,1 7 .1 k J t REPORT File # Res. # !' -- �,. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, June 2, 1986 REPORT #: PD-149-86 FILE #: DEV 86-23 SUBJECT: REZONING APPLICATION - WALTER FRACZ PART LOT 31, CONCESSION 2, DARLINGTON OUR FILE: DEV 86-23 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-149-86 be received; and 2. THAT the application submitted by Mr. Walter Fracz to rezone a parcel of land located in Part of Lot 31, Concession 2, former Township of Darlington to permit the development of a Node/Cluster be denied without prejudice. BACKGROUND AND COMMENT: On March 13, 1986 an application (LD 134/86) submitted to the Land Division Committee for consent to sever an 1860 square metre lot containing a dwelling from a 5 hectare parcel was circulated to Staff for consideration and comment. The application was scheduled for the Land Division Committee meeting of April 7, 1986. The following comments were provided by Staff for Committee' s consideration at said meeting: . . .2 v C� REPORT NO.: PD-149-86 Page 2 "PROPOSED USE: disposal of surplus dwelling CONFORMITY WITH ZONING BY-LAWS: The subject lands are located within the "Agricultural (A)" zone within By-law 84-63, being the Town's Comprehensive Zoning By-law. Section 6.2 "Regulations for Residential Uses" states that non-farm residential buildings and structures on lots which predate the passing of this by-law, farm-related residences and residential buildings and structures on lots which are created by severance in accordance with the Durham Regional Official Plan shall comply with the zoning requirements set out in Section 9.2 (Residential Hamlet) . Staff would note that the severed lands would not appear to comply with the minimum lot size requirements within said zone being 30 metre frontage and 3000 square metre area. Additionally, Staff would note for the Committee's information that the applicant has indicated within the application form that the "retained lands" are presently used for "agricultural purposes" and will continue to be used for such purposes and furthermore, proposes to construct a "non-farm related rural residential dwelling" on the retained lands. It is Staff' s opinion notwithstanding the provisions of the Durham Regional Official Plan and compliance with same as will be confirmed by Regional Staff, the application would not appear to comply with the zone provisions as noted above. j Staff would note for the Committee' s information that the applicant has previously submitted an application (LD 430/81) to permit the severance of a .18 hectare parcel of land occupied by the single family dwelling from the total holding of 4.95 hectares. It is noted that the decision of the Committee, at their May 31, 1982 meeting was that the application LD 430/81 be denied as such conflicts with the policies of the Regional Official Plan. In consideration of the above comments with respect to the submission of LD 134/86, Staff are not in a position to support same as the application would not appear to comply with the Town' s Zoning By-law 84-63. " In addition to the above comments and concerns expressed by Staff, it is noted that within the Durham Regional Official Plan, Trulls Road is designated as a Type "B" Arterial Road and subject to Section 13.2.15 of the Plan which limits the number of private accesses on such a road within rural areas to six (6) points per mile. . . .2 REPORT NO.: PD-149-86 Page 3 Staff wuld 0 note for information that the Land Division Committee, at their April 7, 1986 meeting, considered a motion of the Committee whereby Application LD 134/86 be denied as the proposal did not conform to the policies of the Durham Regional Official Plan. This motion was lost and a further motion of the Committee noted and approved "That Application LD 134/86 be tabled for a period of one (1) year to allow the applicant to contact the Town of Newcastle". Staff would note for the Committee's information that discussions with Regional Staff would indicate that their comments as submitted to the Land Division Committee pertaining j to the application were of a negative nature. Accordingly, on April 10, 1986, the Planning Department received an application for rezoning from Mr. Fracz to permit through the recognition of a Node or Cluster, the development of an additional residential lot. 1 Within the Region of Durham Official Plan the subject property is located i within the "General Agricultural " 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 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. 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 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 Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. Staff would note that no objections to the proposal were received at the writing of this report with respect to the amendment requested. . . .4 REPORT NO.: PD-149-86 Page 4 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-110-86. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed. 1. Town of Newcastle Building Department 2. Town of Newcastle Fire Department 3. Central Lake Ontario Conservation Authority 4. Ontario Hydro 5. Peterborough-Victoria-Northumberland and Newcastle Roman Catholic Separate School Board 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 the approval . Further clarification was offered, however, noting this was not to be taken as a permit to install a private sewage disposal system at the site involved. T he requested pe rmi t would be issued only after a proper inspection of the lands involved have been made and said inspection carried out upon receipt of a formal application. The Ministry of Agriculture and Food - Foodland Preservation Branch, in responding, noted that in consideration of the goals and objectives of the Ministry and the criteria and policies outlined in the Foodland Guidelines, Ministry Staff would have no objections to its approval . The Region of Durham Planning Department provided the following response: "In response to your request for comments, we note the subject property is designated "General Agricultural" in 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 "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 10.2.4.1 of the Durham Plan as situations where . . .5 REPORT NO.: PD-149-86 Page 5 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 a Node or Cluster being identified in the respective Zoning By-laws. The proposed residential use may be permitted if it can be demonstrated that the proposal meets the above provisions 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 clear indication as to the Official Plan designation for the subject property. Furthermore, it was noted that inasmuch as the subject proprty abuts a Type "B" Arterial Road as denoted in the Durham Plan, further clarification was requested respecting the policies and provisions effecting said road classification. As noted previously by Regional Staff, each application of a similar nature requires detailed site specific investigations which Regional Staff would rely on the Town of Newcastle' s analyses and Staff' s consultation with Town Council to determine if the proposal meets the i n fi l l i ng criteria as defined in the Durham Regional Official Plan. The criteria for a Node or Cluster development states that a rural Node or i Cluster is defined as an area of rural non-farm related residential i development containing a minimum of three (3) and a maximum of six (6) existing lots which exhibit similar lot characteristics. It is Staff's * opinion that the existing lot development (see attached plan) would not satisfy this requirement. Furthermore, the criteria states that a Node or Cluster shall not be permitted in areas located adjacent to active agricultural operations. Staff would note for the Committee' s information that the lands immediately abutting the property to the south are a portion of a farming operation actively cultivated and farmed. Staff would note for the Committee's information that the Town of Newcastle Works Department, in providing comments, noted that inasmuch as the subject lands fronts a Type "B" Arterial Road, an appropriate road widening and contribution towards the upgrading of Trulls Road would be a required condition for approval . Staff would note that such consideration would be . . .6 REPORT NO.: PD-149-86 Page 6 given and provided to the Land Division Committee pending Council 's consideration of the Rezoning Application presently submitted. As mentioned previously, the applicant has, on an earlier occasion , applied to the Land Division Committee for a similar severance which had been denied as such conflicted with the policies of the Durham Regional Official Plan. Additionally, Staff, in Report PD-116-82, indicated a concurrence with the Land Division Committee's decision noting that the proposal would be contrary to the policies of the Durham Official Plan. In consideration of the fact that the proposed Cluster abuts an active agricultural operation and fronts upon a designated arterial road, it is Staff' s opinion that the approval of the Rezoning Application as submitted would not be in compliance with the present Town criteria or the Durham Regional Official Plan. Accordingly, although all other facts would suggest this as a classic example of infilling, Staff are unable to support said application. Respect fu 1 bmitted, T.T. Edwards, M.C.I .P. Director of Planning LDT*TTE*jip *Attach. May 21, 1986 cc: Mr. Walter Fracz P.O. Box 2, R.R. #2 BOWMANVILLE , Ontario L 1 C 3K3 461.1 ❑ CHURCH ■ I I ® ■ 0 ■ o ■ cr LANDS RETAINED BY APPLICANT _ '-j cr- LANDS TO BE SEVERED (Existing Dwelling) >—CULTIVATED LANDS–{ LOT 32 LOT 31 , CONCESSION 2 ® LOT 30 EXISTING DWELLINGS LOT 32 LOT 31 LOT 30 a Q I ° I N I ~ CHURCH z O r W d U />– Z r ` O r I CULTIVATED->- t \ BLOOR STREET REGIONAL ROAD NAI 22' Formerly TOWNSHIP of DARLINGTON i