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HomeMy WebLinkAboutPD-262-86 TOWN OF NEWCASTLE ' REPORT File # , - • Res. # _ ¢-�,• By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, November 3, 1986 REPORT #: PD-262-86 FILE #: DEV 86-52 a BJECT: REZONING APPLICATION - WM. MALARENKO PART LOT 17, CONCESSION 2, CLARKE OUR FILE: DEV 86-52 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-262-86 be received; and 2. THAT the application for rezoning of Part of Lot 17, Concession 2, former Township of Clarke, submitted by Mr. Malarenko to permit the development of a Node/Cluster be denied without prejudice. BACKGROUND: On September 11, 1986, the Planning Department received an application submitted by Mr. Malarenko to rezone a parcel of land located in Part of Lot 17, Concession 2, former * Township of Clarke (see attached map) . The purpose of the rezoning application is to permit the development of additional lots within a Node or Cluster. Within the Regional Official Plan the subject property is designated "Major Open Space". New non-farm residential uses are generally discouraged within this designation . Section 10.2.1.3 states, in addition, limited new non-farm residential dwellings may be allowed as . . .2 REPORT NO.: PD-262-86 Page 2 an exception in the form of new Clusters within the "General Agricultural" area 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 a District Plan, Local Official Plan, and/or Restricted Area Zoning By-law. Clusters shall meet the following criteria: 1) The Cluster is recognized as the definable separate entity and is of a size so as not to be considered as scattered or strip development. 2) The entire Cluster, including areas proposed for development, is identified in the District Plan, Local Official Plan , and/or Restricted Area Zoning By-law. Once defined, no further extensions to the Cluster may be permitted. 3) The existing group of dwellings are of relatively small lots, generally being less than approximately three (3) hectares. 4) New Clusters shall be discouraged from locating on a Provincial Highway or Type "A" Arterial Road. 5) Development within the Cluster is compatible with the surrounding uses and conforms with the Agricultural Code of Practice." Section 10.2.1.4 states that, for the purpose of Section 10.2.1.2, new residential development within a Cluster may be in the form of infilling between two dwellings or, in exceptional circumstances, as a minor extension such that one additional lot may be created on the periphery of the existing residential development within the boundary of the Cluster as defined in the District Plan, Local Official Plan and/or Restricted Area 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. In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies as noted in Staff Report PD-224-86. In commenting on the above-noted application, Staff would note the following departments/agencies offered no objections to the proposal : . . .3 REPORT NO.: PD-262-86 Page 3 - Town of Newcastle Building Department - Ontario Hydro - Town of Newcastle Community Services - Ganaraska Conservation Authority - Town of Newcastle Fire Department - Ministry of Agriculture and Food - Foodland Preservation Branch The Ministry of Natural Resources in responding note that three (3) licenced active Gravel Pits were located east of the subject property. Highway No. 2 from which the five (5) proposed residential lots would have access, was used by these operations to haul extracted aggregate material . These activities were expected to continue in the future and it was requested that the applicant be aware of the land uses in proximity to the property. The Durham Regional Health Unit in responding noted that the rezoning application had been investigated by the Health Department and insofar as health matters were concerned, approval was not recommended. The property was noted as low and wet, having poor surface drainage and therefore, was not suitable for on-site sewage disposal systems. It is noted for the Committee's information that the provisions within the Durham Regional Official Plan, as quoted previously, reflect a recent amendment (OPA No. 155) as approved by Regional Council pertaining to Node/Cluster development. The new policy was to provide a more precise direction with respect to the identification of characteristics which would constitute a Node/Cluster. Regional Planning Staff have verbally confirmed that, in their opinion , the application does not comply with the new criteria and would constitute strip development. Additionally, Staff would note that, within the criteria as listed, new Clusters shall be discouraged from locating on a Provincial Highway or Type "A" Arterial roads. Staff would note that Highway No. 2, within the Durham Regional Official Plan , is designated as a Type "A" Arterial road and is, of course, a Provincial Highway. The Ministry of Transportation and Communication, in responding verbally, indicated that the application would appear to be an example of strip development. However, in consideration of the "land use" question, the Ministry does abide with the local municipality' s position as to be determined. However, any access to the subject lands would not be provided REPORT NO. : PD-262-86 Page 4 by the means of five (5) individual approaches, but rather a common lot line approach through the introduction of two (2) new entrances. Staff would note the Ministry of Transportation and Communications would have opportunity to comment on same at the time of submission of Land Division applications, should the rezoning application be considered for approval . In reviewing the application and comments as submitted, Staff would concur with Regional Staff that the proposed application would not appear to be in compliance with the provisions of the Durham Regional Official Plan. Additionally, it is noted that, in consideration of the Town 's criteria for identifying rural Nodes and Clusters, the proposal would not appear to exhibit similar lot characteristics nor contain a minimum of three (3) and a maximum of six (6) existing residential lots for which building permits would be available within which infilling could occur up to a maximum of three (3) additional lots. Furthermore, in consideration of the comments of the Ministry of Natural Resources and the Regional Health Unit pertaining to the servicing of the site, Staff is not in a position to support the approval of the application as filed. Respectfully submitted, T.T. E wards, M.C.I.P. Director of Planning LDT*TTE*j i p *Attach. October 22, 1986 CC: Mr. Wm. Malarenko R.R. #2 Morgan' s Corner NEWCASTLE, Ontario LOA 1HO AREA OF PROPOSED REZONING 20 19 18 17 16 15 14 13 ,V0 , I ; , 1 I I ;CON. IRO. 3 E ' I -e ; o M3 o A;s z Z , 0 Q _ a M3 i w V A K,; , = Al z - 0 ' RA I i Nei NQ 2 I I HWY.i No 401 , A10 � 1 I � I i I I 1 � , I 0 280 500 10004 KEY MAP 900m 00 �"'