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HomeMy WebLinkAboutPD-299-86 r TOWN OF NEWCASTLE r J Y N REPORT ) ' r �. File # Res. # 1 ` By-Law # (STING: General Purpose and Administration Committee DATE: Monday, December 15, 1986 REPORT #: PD-299-86 FILE #: DEV 86-61 SUBJECT: REZONING APPLICATION - STABY PART LOT 27, BROKEN FRONT CONCESSION, FORMER TWP. OF CLARKE OUR FILE: DEV 86-61 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-299-86 be received; and 2. THAT the application for rezoning of Part of Lot 27, Broken Front Concession , former Township of Clarke (Bond Head), submitted by Mr. & Mrs. Staby to permit the extension of a Node/Cluster be tabled to permit the applicant to apply for an Official Plan Amendment. BACKGROUND: On October 10, 1986, the Planning Department received an application for rezoning submitted by Mr. & Mrs. Staby. The application was filed in order to change the zoning to permit the development of one (1) additional residential lot. 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. . . .2 REPORT NO.: PD-299-86 Page 2 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted within Staff Report PD-266-86. Staff would note the following departments/agencies, in providing comments, offered no objections to the application as filed: - Newcastle Community Services Department - Newcastle Fire Department - Newcastle Building Department - Ganaraska Region Conservation Authority - Ministry of Agriculture and Food - Bell Canada The concerns regarding this application are raised by the Regional Planning Department. Staff requested comments on this application and have received a verbal response. This indicated that the proposal does not conform to the Regional Official Plan. The subject lands are designated as "Permanent Agriculture Reserve". Section 11.2.2 states that: "the use of land within a designated "Permanent Agricultural Reserve" area for any purpose other than agriculture and farm-related uses shall not be permitted". Section 16.6.5 of the Regional Official Plan does allow for the expansion to existing uses provided that such uses: "a) have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan; b) have regard for the Agriculture Code of Practice as amended from time to time, if applicable; c) are accessible by a public road which is maintained by the appropriate authority as open to traffic on a year-round basis and is of a standard construction adequate to provide for the additional traffic generated by the proposed use; and d) are subject to any conditions that may be contained in a District Plan. Each case will be considered on its own merits by the Council of the respective area municipality and may be subject to site plan controls." . . .3 REPORT NO.: PD-299-86 Page 3 There is a section which deals directly with the Bond Head area, and this section clearly sets out the limits of the Residential Cluster. The subject site does not fall within the designated Cluster. Section 16.6.5 does not permit this type of expansion because Section 10.2.1.6 specifically details the type of development which is permitted. Section 10.2.1.6 of the Regional Official Plan does not permit any expansion to the existing Cluster without an amendment to the Official Plan. This Section and Section 10.2.1.8 detail the terms under which development is permitted in this area. It is clear that the terms set out cannot be met in this case. The site would be required to have municipal water and such service is available only on Mill and Boulton Streets. The Regional Works Department has confirmed that services are not currently available nor will they be made available. After consideration of the above information, although we have no concern with the principle of the proposal , we are unable to support the application due to the lack of conformity with the Regional Official Plan. The site is presently in the "Permanent Agriculture Reserve" and was not considered as a part of the Cluster at the time Amendment No. 72 was put into place. Since 'the site does not conform to the Official Plan, but could for a logical extension to same, Staff respectfully recommends that Council table the application to permit the applicant to apply for an Official Plan Amendment. Respectfully submitted, Recommended for presentation to the Committee • 4 Edwards, M.C. I.P. Lawrence otseff Director of Planning Chief Adm ni trative Officer TFC*TTE*jip *Attach. December 2, 1986 CC: Mr. & Mrs. S. Staby P.U. Box 467 NEWCASTLE , Ontario LOA 1HO O AREA OF PROPOSED REZONING LOT 26 LOT 27 LOT 28 ,fo R1 -1 � z Ad A-1 — _ METCALF II STREET EP - _ �) W W W W N V W � 2 1 A'1 QUEEN ST. A-1 EP W Z cr O cr Y LL RC•t z m W —P Y !H1EP.. F F RC-I 0 EP m L AKE ON TA R/0 0 50 *0 200 300'" KEY MAPS' i