HomeMy WebLinkAboutPD-258-90 UNFINISHED BUSINESS #2
TOWN OF NEWCASTLE
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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
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