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HomeMy WebLinkAboutPD-258-90 UNFINISHED BUSINESS #2 TOWN OF NEWCASTLE '.� #.•�FOLKES.GPA r � REPORT File # j�� • ,��� _ � �`� Res. # By-Law # METING: General Purpose and Administration Committee DATE: Tuesday, September 4, 1990 REPORT #: PD-258-90 FILE #: OPA 90-007/D OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: DOROTHY FOLKES PART LOT 2, CONCESSION 3, FORMER TOWNSHIP OF CLARKE FILE: OPA 90-007/D RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-258-90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle recommends DENIAL of the Durham Regional Official Plan Amendment application submitted by Dorothy Folkes to permit two (2) non-farm residential lots; 3 . THAT the Durham Regional Planning Department be forwarded a copy of Report PD-258-90; and 4 . THAT the Region of Durham and those persons listed at the end of this report be advised of Committee and Council's decision. 1. APPLICATION DETAILS: 1. 1 Applicant: Dorothy Folkes 1.2 Official Plan Amendment: From "Major Open Space" to an appropriate designation in order to permit the creation of two (2) non-farm rural residential lots. 1. 3 Area: 14 . 63 hectares (36 . 17 acres) . . . 2 REPORT NO. : PD-258-90 PAGE 2 2 . BACKGROUND: 2 . 1 On February 1, 1990, the Town of Newcastle Planning and Development Department was advised by the Durham Regional Planning Department of an application to amend the Durham Regional Official Plan in order to permit the creation of two (2) non-farm rural residential lots through the consent process . 2 .2 The subject site is a rectangular shaped parcel approximately 14 . 63 hectares (36 . 17 acres) in size and is located on the east side of Gilmore Road approximately 1009 metres (3313 ft. ) north of Concession Road 3 but is more formally described as Part Lot 2, Concession 3, in the former Township of Clarke. 3. PUBLIC NOTICE AND SUBMISSIONS: 3. 1 Pursuant to Council's resolution of July 26, 1982, the appropriate signage acknowledging the application was installed on the subject lands. In addition, as the processing of the Official Plan amendment is the responsibility of the Regional Municipality of Durham, the Durham Regional Planning Department has advised the Town of Newcastle that the appropriate notice advising the public of the application appeared in the Canadian statesman on February 7, 1990. 3 .2 As of the writing of this report, the Planning and Development Department has received one letter from an area resident in which a concern was expressed over the state of Gilmore Road along the frontage of the subject property. For the Committee's information, Gilmore Road is an unmaintained road for a portion of the subject property's frontage. . . .3 REPORT NO. : PD-258-90 PAGE 3 4 . OFFICIAL PLAN CONFORMITY: 4 . 1 The subject property is designated as "Major Open Space" within the Durham Regional Official Plan. Section 12 .2 .2 of the Regional Official Plan states that the predominant use of lands so designated shall be for agricultural and farm- related uses and other similar uses such as reforestation, cemeteries, allotment gardens, nursery gardening, golf courses, campgrounds, riding and boarding stables, dog kennels, mink farms and fairgrounds . 4 .2 In addition, Section 12 .2 .4 permits limited non-farm residential uses . However, these uses are allowed solely in the case of bona-fide retiring farmers, the removal of a surplus dwelling following a farm consolidation or an intra- family severance. Since the proposed use of the subject property does not conform with Section 12 .2 .2 or Section 12 .2 .4 of the Durham Regional Official Plan, the applicant has applied to amend the Durham Regional Official Plan in order to permit the development of two (2) non-farm rural residential lots . 5 . ZONING BY-LAW COMPLIANCE: 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned in part "Agricultural Exception (A-1) " and in part "Environmental Protection (EP) " . Lands so zoned are intended to be used for agricultural and agricultural-related uses . Staff note for the Committee's information that the applicant intends to sever the 14 . 63 hectare (36 . 17 acre) parcel in order to create two (2) non- farm rural residential lots . Both of the newly created . . .4 i � REPORT NO. : PD-258-90 PAGE 4 parcels would not comply with Section 6 . 3 of By-law 84-63 which requires a minimum lot area of 40 hectares (98 . 83 acres) for lands zoned "Agricultural Exception (A-1) " . Therefore, if the Official Plan Amendment is approved, the applicant will have to bring the subject property into compliance with the Zoning By-law. 6 . AGENCY COMMENTS: 6 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following provides a brief synopsis of comments received to date. 6 .2 The Town of Newcastle Public Works Department has reviewed the proposal and has no objection to the proposal subject to the following: 1. That the applicant/owner constructs the unmaintained portion of Gilmore Road on which the subject property is fronting to Town Standards and to the satisfaction of the Director of Public Works; 2 . That the applicant/owner contributes to the costs of reconstructing the maintained portion of Gilmore Road, on which the subject property is fronting, in accordance with Town Policy; 3 . That the applicant/owner meet all the requirements of the Public Works Department, financial or otherwise. 6 . 3 The Community Services Department has reviewed the application and have no objection the proposal subject to the 5% parkland dedication requirement being accepted as cash-in-lieu with the funds realized being credited to the Parks Reserve Account. . . .5 6 9 REPORT NO. : PD-258-90 PAGE 5 6 .4 The balance of the circulated agencies which provided comments were the Town of Newcastle Fire Department, the Regional Works Department, the Regional Health Department, the Ministry of Agriculture and Food, the Ministry of Natural Resources, the Ganaraska Region Conservation Authority, Trans-Canada Pipelines, and Trans-Northern Pipelines Inc. None of the aforementioned agencies had objectionable comments with respect to the proposal. 7 . STAFF COMMENTS: 7 . 1 The applicant is proposing to amend the Durham Regional Official Plan in order to facilitate the creation of two (2) non-farm rural residential lots through the consent process . 7 .2 Section 10 .2 . 1. 2 of the Durham Regional Official Plan states that "the development of new non-farm residential uses shall be discouraged. Such uses shall be encouraged to locate in the Hamlets as identified in the Plan" . However, in order not to place a hardship on bona-fide farmers, Section 12 .2 . 4 of the Durham Regional Official Plan permits the creation of limited non-farm residential uses under the following provisions: a) For a retirement lot for a bona-fide farmer providing that the subject property has been in the retiring farmer's ownership for not less than ten years. Once a lot for such a purpose has been severed from a farm, no further severance for such a purpose shall be granted to the said farm; b) For an existing farmhouse from a farm which farm is to be acquired for farm consolidation purposes subject that such a use is not needed for a farm employee's dwelling or as a farmer's retirement dwelling; and . . .6 `� 40 REPORT NO. : PD-258-90 PAGE 6 c) For a lot for one member only of the farmer's immediate family provided that such a person is employed or significantly assists in the operation of the farm. Once a lot for such a purpose has been severed from a farm, no further severance for such a purpose shall be granted to the said farm. However, as stated earlier in this report, the applicant does not appear to qualify under the provisions noted above. 7 . 3 Furthermore, Staff are of the opinion that the creation of two (2 ) non-farm rural residential lots along Gilmore Road may encourage similar applications in the surrounding area which would serve to promote undesirable strip development contrary to good planning principles . 7 .4 Moreover, Staff are of the opinion that the creation of two (2 ) lots from a 14 .63 hectare (36 . 17 acre) parcel would not be compatible with the surrounding area. Parcels in the surrounding area range in size from 21 hectares (52 acres) to 42 .41 hectares ( 104 .8 acres) with several parcels greater than 36 .42 hectares ( 90 acres) in size. The general area can be described as a farming community and the introduction of non- farm residential uses is not compatible with the farming community. 7 .5 Finally, in conclusion the Planning and Development Department notes that the application does not conform with Section 12 .2 .2 or Section 12 . 2 .4 of the Durham Regional Official Plan and staff are of the opinion that the subject property does not warrant a special exception from these provisions . . . .7 4. 6 REPORT NO. : PD-258-90 PAGE 7 8 . RECOMMENDATIONS: 8 . 1 In consideration of the comments contained within this report, the Planning and Development Department respectfully recommend that the application be DENIED. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. Lawren Zinistrative E. Kotseff Director of Planning Chief and Development Officer WM*FW*jip *Attach 20 August 1990 INTERESTED PARTIES TO BE NOTIFIED OF COUNCIL AND COMMITTEE'S DECISION: Mrs. Dorothy Folkes 3 Princeway Drive SCARBOROUGH, Ontario M1R 2V8 Edmund J. Weilandt Box 18 NEWTONVILLE, Ontario LOA 1J0 5 / 7 PLAN OF SURVEY CLARKE 3.2 OF PART OF LOT 2, CONCESSION 3, TOWNSHI P OF CLARKE stole IN= 2001 ROAD ALLOWANCE BETWEEN CON`: 3 a 4 sle sa M W ANGLE OF , LOr j,CON ,I I I I N L � M x N 690 301E e c 1345 60„_ N i Ff"�e T H ! 0 w � I A R E A - 3G, 17 .1- A C R E S W w 1 T 3 r --- - L 0 T 2 xo LOT p ,q 0 M M — z O 0 r o *In T l z C 0 N C E S S 1 0 N 3 w - U 3 0 . a 0 e FENCE uANKING E%ISTING �. 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