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HomeMy WebLinkAboutP-54-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 16, 1981. REPORT NO. : P-54-81 SUBJECT: Proposed Rezoning - Part of Lot 26, Con. 2, former Township of Clarke - M Michalch» Our File: Z-A-3-13-6 BACKGROUND: The subject application requests an amendment to Restricted Area By-law 1592, as amended, of the former Township of Clarke in respect of a 5.6 ha parcel of land located within Lot 26, Concession 2. The application involves three requests; recognition of an existing legally non-conforming 26 site mobile home park; permission to expand this use by 50 mobile home sites; and permission to erect a pavillion to house uses accessory to the mobile home park. The subject site is designated as "Permanent Agricultural Reserve" by the Durham Regional Official Plan. The predominant land uses permitted within this designation are agricultural and farm-related. However, Section 16.6.5 of the Regional Plan permits Council to zone to recognize the continuation, expansion or enlargement of an existing use, bl� 1� A1 vl� �� I ;� (5) 2 - provided that such existing use has no adverse effects upon the present use of surrounding properties or the implementation of the provisions of the Regional Plan. The site is presently zoned "Agriculture" by Restricted Area By-law 1592, as amended. A mobile home park is not a permitted use in that zone. If the proposal is to be approved a site specific special provision by-law would be required. i In accordance with our procedures for processing rezoning applications, the subject proposal was circulated to a number of affected agencies for comments. The results of our circulation are summarized below: Durham Regional Planning Department "The subject parcel is designated "Permanent Agricultural Reserve" in the Durham Regional Official Plan. Predominant use of lands in this designation is for agriculture and farm- related uses. The policies, however, are not necessarily intended to prevent the continuation, expansion or enlargement of existing uses which do not conform to the plan. At their discretion local Council may zone to permit existing uses provided that such existing uses have no adverse effect on the present use of the surrounding lands or the implementation of the pro- visions of the Durham Regional Official Plan. Each such case is to be considered on its own merits by local Council. In accordance with the requirements of Section 16.6.5 of the Durham Plan, as outlined above, the impact of the proposed expansion of the mobile home park on the surrounding agricultural uses should be examined in order to ensure that there would be no adverse effect." The Durham Health Unit "The Durham Regional Health Unit can tentatively approve the rezoning application for the property, provided a Class 6 (aerobic) sewage disposal system is provided to service the expansion. Details of the Class 6 installation should be presented to this office and regulations require that the system be regis- tered on title. 3 - As noted in the soil consultant's report, any faulty septic tank systems presently existing should also receive attention." Newcastle Fire Department "The existing court (26 units) is much too crowded with poor parking facilities, access roads, units too close together, with no water supply for fire protection. Therefore, I would recommend consideration be given to the following: 1) 5000 square foot lots; 2) 16 foot clearance from units to adjacent lot boundary line; 3) Access roads for emergency fire vehicles minimum width of 24 feet with no parking, accessible at all times, i.e. �.xith snew, mud in the---spring; 4) lots kept clear of accumulations of rubbish, papers, leaves, etc. , particularly areas under and around units; 5) central rubbish/garbage collection and disposal area; 6) portable fire extinguishers located throughout the area, possibly at 100 ft. travel distance; 7) consideration should be given to installing a water reservoir to ensure an adequate supply for fire fighting purposes; 8) installations of propane or flammable liquids should comply with their respective installation codes; 9) the access route through the existing court would not be acceptable for fire emergency vehicles; 10) the park should be subject to fire inspections from time to time by the municipal fire department. Ministry of Agriculture and Food This proposal is in the midst of an active agricultural area. Directly south there is a dairy operation which meets the min- imum separation distance of the Agricultural Code of Practice. North of this proposal is a sheep operation which requires 742 feet separation distance and the actual distance is 665 feet. To the north-west is a large hog operation on a liquid manure system which requires a separation distance of 1613 feet whereas the actual distance to the present mobile home site is 1081 feet. The separation distance encompasses the entire existing site, however, the expansion is not affected. Therefore, the only operation that affects the expansion is the sheep oper- ation, however, we would like to point out the potential for ad- verse odours from the hog operation. i - 4 - This land is also considered as prime agricultural land as the Canada Land Inventory, at the 1:50000 scale indi- cates that it is Class 1 soil. A greater concern is the intrusion of non-farm uses into an agricultural area. The Food Land Guidelines indicate that non-farm uses must be directed from agricultural areas to existing hamlets or villages. In view of the Class 1 soil, the proposal's instrusion into an agricultural area and the potential conflicts with various livestock operations, we object at this time." (Staff note that as a result of further discussions between staff, the Ministry of Agriculture, and the applicant, the Ministry revised its position to indicate that they would have no objection to the rezoning provided that the site was limited to 30 units and the individual lots increased in size.) None of the other agencies circulated indicated any objections to the proposal although the Newcastle Building Department questioned the adequacy of the lot sizes to accommodate private wells and waste disposal systems. The Building Department also requested that any ex- pansion of the site be required to comply with the standards of the Ontario Building Code and the Canadian Standards Association. COMMENTS: As indicated above, the subject site presently contains twenty- six existing mobile home sites. These sites have been in existence since 1924 and thus have status as, "legally non-conforming". Both the Durham Health Unit and the Newcastle Fire Department have indicated that in many respects the existing mobile home park does not comply with current standards. Similarly, the Ministry of Agriculture and Food has expressed its concern about the incompatibility of the pro- posal with surrounding agricultural uses on neighbouring property. They have, however, qualified their comments and indicated they would have no objection to a rezoning which recognized the existing use and a very limited expansion to bring the total number of sites up to a maximum of 30 units. - 5 - Staff have given this proposal a great deal of consid- eration in view of the site's existing deficiencies, the incompati- bility of the existing and proposed use with its surroundings and the existing site's legal non-conforming status. Based upon this review, we cannot support or recommend approval of the expansion of this use to the extent proposed. However, in an attempt to improve the existing on-site conditions and to make such improvements realistic, staff are willing to recommend approval of a limited expansion conditional upon the applicant entering into a site plan agreement, applicable to the entire property, which would address the following: 1) redistribution of at least half of the existing 26 units; 2) increase lot area per unit, existing and proposed; 3) improved access and parking facilities; 4) provision of emergency access routes; 5) provision of adequate private services including appraisal and improvement to the existing services provided for the existing units; 6) compliance with the agricultural code of practice as it applies to the expansion (redistribution of the existing units will reduce the number of units overall which pre- sently do not comply) ; 7) provision of on-site fire protection facilities as may be required by the Town's fire department; - 6 - 8) a requirement that leases for the sites include a provision that identifies the potential restrictions upon the use and enjoyment of the site owing to odours related to established farm operations. Such an approval, while being clearly permissible under the provisions of the Durham Regional Official Plan, must only be made if Council is satisfied that the expansion, enlargement or contin- uation of this use is compatible with its surroundings and would not unduly restrict the continued or future use of adjacent properties for agricultural purposes. It is our staff opinion that this proposal is not compatible with its surroundings. However, when weighed against the improvements which may be gained through controlled and limited expansion, bearing in mind that this use is legally non-conforming and can legally continue as is, subject to compliance with the Tourist Camp By-law; we feel that there is a reasonable basis for recommending approval of an exansion not to exceed a total of forty-units and subject to the conditions recited above. Staff note that the maximum of forty units has been discussed with the staff of the Ministry of Agriculture and Food. Inasmuch as the net effect would be to increase the site's compliance with the Agricultural Code of Practice, they have no objection to this change. We would also note that upon execution of a site plan agreement a licence may be granted under the "Tourist Camp By-law" based on the provisions of the agreement. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: - 7 - 1) That Report P-54-81 be received; and that 2) The applicants Mr. and Mrs. Michalchuk be advised that the Town of Newcastle is willing to consider approval of the attached amendment to Restricted Area By-law 1592, as amended, to recognize the existing use of the site as a mobile home park; and to permit a limited expansion of this use, as suggested by Staff Report P-54-81, subject to the applicants entering into a site i plan agreement with the Town; and that 3) The applicants be requested to advise the Director of Planning of their intentions in respect of this matter. Respectf lly submitted, f, °f TTE:1b D. N. Smith, M.C.I.P. March 6, 1981 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law No. 81- being a By-law to amend Restricted Area By-law 1592, as amended, of the former Township of Clarke. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 1592, as amended, of the former Township of Clarke. i NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 10.3 of By-law 1592, as amended, is hereby further amended by adding thereto the following subsection (k) : "(k) "A-12" - Part of Lot 26, Concession 2 In addition to the uses referred to in Section 10.1 hereof, that part of lot 26, Concession 2, which is designated "A-12" on the attached Schedule "A" hereto may be used for the pur- poses of a mobile home park and accessory uses thereto sub- ject to the following provisions. In the event that there is any conflict between the provisions of this SPECIAL PRO- VISION and any other provision of this By-law 1592, as amended, then the provisions of this SPECIAL PROVISION shall apply, but in the event that this SPECIAL PROVISION is silent on any matter then the provisions of this By-law 1592, as amended, shall apply. (i) Permitted Uses a) one single family residence to be. occupied by the owner/operator of the mobile home park; v.LSC b) a maximum of forty (40) mobile home units; c) accessory uses to the single family residence; d) accessory uses to the mobile home park. (ii) Zone Provisions a) Lot Frontage (minimum) 140.0 metres b) Lot Area (minimum) 5.0 hectares c) Lot Coverage (maximum for each use) (i) Single family residential & accessory uses thereto, 10% (ii) Mobile Home Park & accessory uses thereto, d) Front Yard (minimum) 25.0 metres e) Rear Yard (minimum) (i) Single family residential & accessory uses thereto, 50.0 metres from the limit of the area used for the purposes of a mobile home park. (ii) Mobile Home Park use, 7.5 metres I f) Side Yard (i) Single family residential & accessory uses thereto, 7.5 metres, whether to lot boundary or the limit of the area used for the purposes of a mobile home park. (ii) Mobile Home Park & acces- sory uses thereto, 7.5 metres, whether to lot boundary or the limit of the area used for the purpose of a single family resi- dential unit. 2. Map 1 of Schedule 'A' to By-law 1592, as amended, is hereby further amended by changing to "A-12" the zone designation of the lands identified as "ZONE CHANGE TO 'A-12"' on the attached Schedule 'X' hereto. 3. This By-law shall come into effect on the date hereof sub- ject to the provisions of Section 35(10) of the Planning Act, R.S.O. 1970. BY-LAW READ a first time this day of , A.D. 1981. BY-LAW READ a second time this day of , A.D. 1981. BY-LAW READ a third time and finally passed this day of A.D. 1981. G. B. RICKARD, Mayor (seal) J. M. McILROY, Clerk THIS IS SCHEDULE TO BY-LAW S1 - PASSED THIS DAY OF A.D, 1981 ° III II ROAD ALLOWANCE BETWEEN CONCESSION 2 AND 3 ti N E p M Z ip N N : O J M W W 97 m O J Q p Q O D: ZONE CHANGE- TO 'A-12' G.B. Rickard ,Mayor 0 50 150 250m 50 .. J.M.Mcllroy , Clerk I _L4L_ LOT ___ l OT LOT ____LOT _ _ LOT . LOT �� LOT 31 30 ( 29,E2i ( 27 I 26 25 23 1 22 } 21 b ti 3 ! i I I I i I I q I i I I I I I I I I I I I I 0 ; 1 1 I I SUBJECT i ! I I I I 1 I I C4p'4014#, I! ! I I ! s4 C, J` NEWCASTLJ I I I I I o 1 I I ! I I I *Q HIGHWAY I i i I I I i I i ,�,:,-�0 H MaedNALD ICARTIER KEY MAP FOR BY- LAW 81 - FORMER TOWNSHIP OF CLARKE 0 500 1000m 500 I