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Home My WebLink AboutPD-170-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 21 , 1983 REPORT NO. : PD-170-83 SUBJECT: APPLICATION FOR REZONING - R. FRIEDRICHS PART OF LOT 21 , CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON FILE NO. : DEV. 83-25 i RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-170-83 be received; and 2. That Application for rezoning DEV. 83-25 be denied, without prejudice, as the proposed rezoning does not comply with the policies of the Region of Durham Official Plan ; and 3. That the Region of Durham be advised of Council 's actions regarding the subject application. i i REPORT NO. : PD-170-83 Page 2 BACKGROUND: On October 3, 1983, staff received the subject application for rezoning thereby requesting an amendment to Zoning By-law 2111 , as amended, of the former Township of Darlington, to rezone an area of land located on the north- ern half of Lot 2.1 , Concession 2, of the former Township of Darlington. The applicant is requesting this area to be zoned and recognized as a "Residential Cluster" within the Darlington Zoning By-law in order to permit limited residential development. The subject area is designated "Major Open Space" by the Region of Durham Official Plan. The Regional Plan stipulates that the predominant use of lands under this landuse designation shall be for agriculture and farm related uses. In addition, the Plan also states that the development of new non-farm residential uses shall be discouraged within 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 zoning by-law. In staff's opinion, the requested zone change, in order to recognize this area of Darlington Township as a residential cluster, would not conform with the policies of the Regional Official Plan, as this area does not have a sufficient number of existing dwellings congregated in such a way whereby one can consider this area as a distinct residential cluster or node. The area subject to the proposed rezoning is presently zoned "A-Agriculture" by Zoning By-law 2111 , as amended, of the former Township of Darlington. In order to implement the applicant 's request, the Town would be required to introduce . . .3 i i REPORT NO. : PD-170-83 Page 3 a new zoning classification and related zone provisions pertaining to residential clusters or nodes. In accordance with departmental procedures, the subject application was circulated to various departments and agencies for comment. The following is a list of the comments received: Region of Durham Planning Department "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 resi- dential 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 infilling 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."" Region of Durham Health Unit "No objections ." i Newcastle Public Works Department "Since the road allowance between Concession 2 and 3 (Nash Road) is designated as a future Arterial Type ' B' road in the Region ' s Official Plan, the applicant is requested to dedicate a 10.0 feet road widening and a 75.0 feet X 25.0 * feet sight triangle as shown on the attached plan." . . .4 REPORT NO. : PO-170-83 Page 4 Newcastle Fire Department "No objections." Newcastle Building Department "No objections." Ministry of Agriculture and Food "No objections." COMMENTS: in reviewing the request submitted by Mr. Friedrichs, staff note that the applicant had originally applied to the Region of Durham Land Division Committee (Application LD 191/82) for the approval of a consent to sever a non-farm residential building lot from the 2.04 hectares (5.04 acres) which the applicant presently owns. Staff had reported on the Land Division Committee application and had recommended denial of the proposal , as it was in staff's opinion that the severance would not comply with the "Major Open Space" landuse policies. The Land Division Committee had also advised Mr. Friedrichs that the proposal would not conform to the Regional Official Plan unless the Council of the Town of Newcastle would recognize this area as a node or cluster within the zoning by-law, in accordance with Section 10.2.1 .2 of the Regional Plan. Subsequently, Mr. Friedrichs initiated the subject application for rezoning in order to have the Town recognize this area as a residential cluster or node. Staff note that through the circulation of this rezoning application, the comments submitted by the Regional Planning Staff would . . .5 REPORT NO. : PO-170-83 Page 5 imply that , should the Town rezone this area as a residential cluster or node, such a rezoning would not conform with the policies of the Region of Durham Official Plan due to the fact that there is no distinct node or cluster of non-farm residential dwellings in the vicinity of the applicant 's lands. In a review of the landuse in this particular area, staff concur with the Regional Staff's interpretation on this matter. At the present time, staff are in the process of formulating policies relating to resi- dential clusters and nodes to be incorporated within the Town of Newcastle District Plan. Clusters will be identified in the District Plan and subsequently the Zoning By-law in accordance with the following criteria : (a) a minimum of three (3) and a maximum of six (6) residential lots which already exist in the area to be defined as a cluster. (b) the cluster is bounded on at 'least three (3) sides by natural or physical boundaries; i .e. streams/ creeks , roads etc. (c) the cluster is not located adjacent to an active agricultural operation. (d) the cluster has a main community focal point i .e. school , community centre, church , general store etc . in order to justify the location of residential development of this nature. The above policies for determining appropriate locations for the designating of residential clusters and nodes are similar to policies which have been adopted and enforced by . . .6 REPORT NO. : PO-170-83 Page 6 adjacent municipalities within the Region of Durham. Therefore, in conjunction with the above policies, staff do not consider the subject area appropriate for the implementing of a residential cluster or node designation. Furthermore, staff feel that identifying residential clusters or nodes and their related requirements at this time, would be premature in terms of the preparation currently underway for the proposed Town of Newcastle District Plan and Comprehensive Zoning By-law. For these reasons, and due to the fact that the proposal does not conform with the Region of Durham Official Plan, staff are not in a position to recommend approval of the subject application for rezoning submitted by Mr. R. Friedrichs. Respectfull T.T. Edwards, M.C.I.P. Director of Planning EP*TTE*jip /` *Attach. l Applicant. Mr. R. Friedrichs R.R. #3 ROWMANVILLE, Ontario L1C 3K4 Y a(C) KEY MAP FORMER TOWNSHIP OF DARLINGTON i C,* I I I I I I I I I I I i I I LOT ► i I I 25 24 1 23 22 21 20 11 19 18 I 17 16 i I ► i 1 i I I i TWN C I I NCESSION 2 a 3 IL . I 1 7-7 I ► SUBJE(IT LANDS I I I i ► 1 I I I I I f I c Q I I I Q 1 o I & I I CONC.2 yic i I Q R I I ► i I j t r� I I I I i ► I rl f I I I MAPLE ► I 1 OROVE; ROAD ALLAWANCE BE WEEN CONCESSION IBS I ► I I I I i I i I I I I 1 i i I I I I i I I I I i I I I I I 1 I I I I I I I I •, i I I I `"',•A• j I 0 250 500 1000M 50 100