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Home My WebLink AboutPD-260-86 TOWN OF NEWCASTLE REPORT File # "' Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, November 3, 1986 REPORT #: PD-260-86 FILE #: DEV 86-50 SUBJECT: APPLICATION FOR REZONING - ROLF & HEIDI FRIEDRICHS PART LOT 21, CONCESSION 2, FORMER TWP. OF DARLINGTON OUR FILE: DEV 86-50 WpMMENDATIO S.r: -� -pertly recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-260-86 be received; and 2. THAT the application for rezoning, File: DEV 86-50, be denied without prejudice as the proposed rezoning does not comply with the policies of the Region of Durham Official Plan. BACKGROUND: On September 3, 1986, Staff received an application for rezoning from Rolf and Heidi Friedrichs to rezone an area of land in the north half of Lot 21, Concession 2, former Township of Darlington (see attached). The applicant wishes to create a Rural Cluster of four (4) dwellings. The subject area is designated as "Major Open Space" by the Region of Durham Official Plan. The Regional Plan stipulates that the predominant use of lands under this designation shall be for "Agricultural " and farm-related uses. Additionally, the Plan states that the development of new non-farm residential uses shall be discouraged within . . .2 REPORT NO.: PD-260-86 Page 2 the "Major Open Space" designation , unless such development proceeds in the form of infilling between existing residential dwellings and further, provided that such development is recognized as a Residential Cluster or Node within the local municipality's Zoning By-law. By-law 84-63, as amended shows the subject lands currently within the "Agricultural (A)" zone. This zone permits non-farm residential buildings which predate the current Zoning By-law, being By-law 84-63, as amended, and structures on lots created by severances which are in accordance with the Durham Regional Official Plan. This site was previously dealt with by Town Staff in order to examine a very similar application. At the time of that application it was determined that development of a Cluster was not considered to be in conformity with the Official Plan. Staff would also note that in 1982 a Land Division application was denied on similar grounds. After review of the current application , in light of the past history and examination of current Regional Policy with regard to Rural Nodes and Clusters, the opinion of Staff has not changed. Amendment No. 155 to the Durham Regional Official Plan set out new criteria for Node and Cluster development. The Amendment set out four (4) characteristics which a Cluster must exhibit. These are as follows: i ) the cluster is a definable separate entity and is of a size so as not to be considered as scattered or strip development; ii ) the entire cluster, including areas proposed for development, is identified in the Distinct Plan, local Official Plan , and/or restricted area zoning by-law. Once defined no further extensions to the cluster shall be permitted; iii ) the existing group of dwellings are on relatively small lots; and iv ) development within the cluster is compatible with the surrounding uses and conforms to the Agriculture Code of Practice. . . .3 REPORT NO.: PD-260-86 Page 3 Currently this site has only one dwelling which is situated on the north-east corner of the lot. The property does not exhibit any of the characteristics of a Rural Cluster as set out by the Regional Official Plan. Staff feel that if such development is permitted, we would be creating strip development which is contrary to policy and good planning. The Town of Newcastle has a policy in place (see Report PD-180-86) which sets out the criteria for Rural Cluster development. There are two requirements regarding Clusters in this policy. Firstly, this location does not have three (3) defined boundaries and, secondly, it does not have between three (3) and six (6) residential lots for which building permits are currently available. These are two of the main criteria which are used for determining whether or not a site can be considered as a Cluster. In order to approve the rezoning application , Staff must be convinced that the development is in accordance with the Regional Official Plan, as well as in accordance with the intent of Rural Cluster development as set down by Council . This site does not exhibit the appropriate characteristics for Staff to support the change in zoning. In accordance with approved policy, the subject application was circulated to various agencies and departments. The following is a summary of the comments which have been received. The following departments/agencies had no objections to the application: - Town of Newcastle Fire Department - Town of Newcastle Building Department - Town of Newcastle Community Services Department - Central Lake Ontario Conservation Authority - Ministry of Agriculture and Food - Ministry of Natural Resources - Ontario Hydro - Regional Health Unit Staff received a letter from Petro and Kateryno Missezuk, of 120 Columbia Street West, Waterloo, in support of the application as they were unable to attend the Public Meeting. . . .4 REPORT NO.: PD-260-86 Page 4 The Durham Region Planning Department has not provided a response to the current circulation. The situation has changed their concerns very litte from the 1983 proposal , and their comments at that time were: Durham Regional Planning Department "Further to your request for comments, we note that the site is designated "Major Open Space" in the Durham Regional Official Plan. Section 10.2.1.2 of the Durham Plan stipulates that the development of new non-farm residential uses shall be discouraged. However, limited non-farm residential dwellings may be allowed in the form of infilling within the Major Open Space System 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 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-laws. The proposal does not qualify as an infil li ng situation as defined in Section 10.2.1.4 since there appears to be no distinct nodes or clusters of non-farm residential dwellings in the vicinity of the site which could be identified in the Zoning By-law. " Newcastle Public Works requested that the following conditions be attached if the application was approved. The road allowance between Concessions 2 and 3 (Nash Road) is designated as a future Type V Arterial ; therefore, a 3 metre road wideniang and a 7.62 metre (25 foot) by 22.86 metres (75 foot) sight triangle are requested to be dedicated to the Town of Newcastle. Also, the Owner will be required to make a cash contribution towards road reconstruction and upgrading. The policies which have been outlined in this report indicate the conditions which both the Regional and Town Planning Staffs feel must be present to permit Rural Cluster development. Policies have been modified to reflect current conditions and the site still does not conform to these requirements. . . .5 REPORT NO.: PD-260-86 Page 5 At the time of the previous application, Staff were requested to review this site at the time of the comprehensive review of the Zoning By-law. After this review, the lands were not placed in the "Rural Cluster" zone. It is clear that the proposal does not conform to the prerequisites for "Rural Cluster" development as set down by the Durham Region Official Plan, therefore, Staff is not in a position to recommend approval of the proposed rezoning submitted by Rolf and Heidi Friedrichs. Respectful u ted, T.T. Edwards, M.C.I .P. Director of Planning TFC*TTE*j ip *Attach. October 22, 1986 CC: Rolf & Heidi Friedrichs R.R. #3 BOWMANVILLE , Ontario L1C 3K4 AREA OF PROPOSED REZONING J LOT 22 LOT 21 LOT 20 N NN�N�NNNI�NMNN�N�NIN�NNNNNNN�N� ? MJ.�� A. 1 RC NASH ROAD i A A 1 I EP of aj A ui 0 0 tr N \ EP Z Rc o \qy � C4-6 \��a W U \� O o � o � 0 eo aO goo WON W. KEY MAVF"h .� '�