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HomeMy WebLinkAboutPD-134-86 TOWN OF NEWCASTLE Y t'¢ REPORT File # Res. -- By-Law # MEETING: General Purpose and Administration Committee DATE: Tuesday, May 20, 1986 REPORT #: PD-134-86 FILE #: DEV 86-10 SUBJECT: REZONING APPLICATION - 464367 ONTARIO LIMITED PART LOT 11, CONCESSION 4, DARLINGTON OUR FILE: DEV 86-10 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i 1. THAT Report PD-134-86 be received; and i 2. THAT the application submitted by Mr. Bob Craig on behalf of 464367 Ontario Limited j to rezone a parcel of land located in Part of Lot 11, Concession 4, geographic Township of Darlington to permit the development of a residential rural Node or Cluster be denied without prejudice. BACKGROUND AND COMMENT: At the General Purpose and Administration Committee meeting of April 21, 1.986 Staff Report PD-96-86 was considered by the Members of Council . As a result of their consideration and representation made by Mr. Bob Craig, the subject application for rezoning was referred back to Staff for further review and dialogue with the applicant. A copy of said report * is attached hereto for the information of the Members of Committee. . . .2 REPORT NO.: PD-134-86 page 2 On May h, 1986 Staff met with Mr. Bob Craig in order to give further consideration to his proposal . In that regard, Mr. Craig indicated that, in consideration of the comments contained in the Staff Report and the requirements of the Regional Municipality of Durham, he was willing to revise his application as shown on Attachment No. 1. hereto. This revision would result in the creation of two (2) additional residential lots as opposed to the four (4) or five (5) previously possible with the balance of the lands being retained for the applicant's agricultural use. The two (2) lots being proposed, while more closely fitting the criteria for a rural Node or Cluster, still would not satisfy the Town' s Criteria relative to establishing a Node or Cluster in an area or location adjacent to active agricultural operations. Mr. Craig has indicated that the two (2) lots would be for his sons who are in the landscaping and nursery business; the nursery portion of which is considered an agricultural use and which is proposed to be carried out on the lands retained by the applicant. Under the provisions of the Durham Regional Official Plan a single severance would be permitted for a farm-related purpose for one (1) member only of a i farmer' s immediate family provided that such person is employed or significantly assists in the operation of the farm. Mr. Craig has indicated I that, while the operation is located on his property, both sons are actively involved in it and it is their primary source of income. Under those circumstances, Mr. Craig would be entitled to one (1 ) severance. With respect to creation of a second lot, that lot clearly falls within the domain of requiring a rezoning for a residential Node or Cluster and the issue of compliance with the Town ' s Criteria must be addressed. Mr. Craig had submitted, in support of his application, a petition signed by adjacent i property owners indicating that they would have no objection to creation of additional lots. At the meeting of April 2.1, 1986 the Members of Committee heard representation from Mr. R. Carruthers who owns the abutting orchard to the west. Mr. Carruthers expressed a concern about precedent and further . . .3 i REPORT NO.: PD-134-86 Page 3 severance in this area however, his signature also appeared on the g pp petition dated February 17, 1986. Based on the foregoing, Staff are satisfied that the proposed revision to the application, would significantly address the concerns of the Ministry of Agriculture and Food and the Regional Municipality of Durham with the sole remaining issue then being compliance with the Town ' s Criteria for rural Nodes and Clusters. If Council sees merit in the submissions made by Mr. Craig relative to the farm-related nature of this proposal , they may wish to deviate from the Nodes and Clusters Policy as it relates to establishing such a Cluster adjacent to active agricultural operations. In that event, appropriate direction should be provided to Staff and the necessary by-law amendment would be prepared for submission to the next Council meeting. Respectful itted, r i i T.T. Edwards, M.C. I .P. Director of Planning TTE*j ip *Attach. May 7, 1986 cc: Mr. B. Craig R. R. #5 BOWMANVILLE , Ontario L1C 3K6 i I i /lv LOT I i , CONCESSION 4 EXISTING HOUSE-Y Y7 Q et J [3-(-BARN O Q t—BARN Qj iI (}-(— SHED � EXISTING HOUSES tR-(-EXISTING HOUSE 1 CONCESS/ON ROAD 4 EXISTING GARAGES PROPOSED PROPERTY BOUNDARY RE-ALIGNMENT ------ PROPOSED LOTS LOT 12 LOT II LOT 10 30 ac. 33 oc. i 10 ac [� 12 G 4 oc 64 oc. Q ° 79 ac. `� — 10 oc G cn o �G�P 10 oc a ����0� w ° o J� P z O w���'Oe U TIC] COIN. Ry ROAD 4 I I oc, I `G I M I � M 1 GO 130 oc. i PSoc� _ 0 TOWN of NEWCASTLE Formerly TOWNSHIP of DARLINGTON