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HomeMy WebLinkAboutPD-37-88 DN: 37-88 TOWN OF NEWCASTLE REPORT File # -s� /W Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, February 15, 1988 REPORT #: PD-37-88 FIE 18T-75526 and 1OM-785 SUBJECT: RIVER VALLEY ESTATES PLAN OF SUBDIVISION OUR FILES: 18T-75526 AND M-785 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-37-88 be received; and 2. THAT Council direction be provided in respect of the request of Veltri and Son Limited. BACKGROUND AND COMMENTS: On February 2, 1988, Staff received the attached request from Mr. Mario Veltri, President of Veltri and Sons Limited, in respect of a provision contained within the Subdivision Agreement between the Town of Newcastle and Veltri and Sons Limited. The subject clause implements the condition of draft plan approval, imposed by the Ministry of the Environment, effectively prohibiting development upon a total of twenty-one (21) lots located within registered plans 1OM-791 and 1OM-798 which represent Phases II and III of the subject plan of subdivision. Staff have reviewed Mr. Veltri's request and discussed same with him and offer the following observations. 2 REPORT N0. : PD-37-88 PAGE 2 _______________________________________________________________________________ l. The subject DIau of Subdivision was originally draft approved by the Ministry of Housing on June ll, 1981. The only conditions imposed by the Ministry, no behalf of the Ministry of the Environment, related to municipal services and sediment control. At that time there was no mention of the existing barn located on adjacent lands to the north. 2. The first formal recognition of a concern about this barn was made on July 21v 1986 as a result of the circulation of minor red-line revisions to this plan. At this time a condition was imposed restricting development within 68 metres of the above-referenced barn. It is recognized that the Ministry � of the Environment's 1979 comments did make reference to this barn, however, the condition was not included by the ministry of Housing at that time. Various attempts to have this condition waived or altered were made ououooeoafulIy by both Town Staff and individual members of Council. 3. The present wording of the Subdivision Agreement was agreed to in order to facilitate clearance letters and expedite registration of the Plan of Subdivision. 4. While the ministry of the Environment condition provides for release of this clause upon written waivers from the adjacent landowner, it is Staff's understanding that the owner of the lands upon which the barn is situated \ is not in the Dmaitimu to provide such waivers mud, in fact, oaeo the barn to house m limited number of small animals. In 1979, the barn did not house livestock according to correspondence on file. 5. The Ministry of the Environment has based its requirements on the application of the minimum distance separate formula using Formula I of the Agricultural Code of Practice. This results in a separation distance of 68 metres (223 feet) . 6. The barn is situated on a 5 acre parcel of land presently designated "Urban Residential" and zoned nUcbno Residential Type One (Rl)». In 1979, it appears that the lands were zoned "Agricultural (A)v by the Dnoiog By-law for the former Town of BmvwnuuviIIe, albeit the site was designated "Residential" by the 8owmouville official Plan. REPORT NO. : PD-37-88 PAGE 3 ----------------------------------------------------------------------------------- 7. On April 3, 1983, the, then, Ministry of Municipal Affairs and Housing approved the official Plan for the Bowmanville Major Urban Area. Section 2.1.3 provides that nothing in the Plan will be construed as preventing development of subdivision plans draft approved prior to the adoption of the Plan, which is the case in this situation. 8. Zoning By-law 84-63, of the Town of Newcastle, was approved by the Ontario Municipal Board on July 19, 1985 and considered by the Ministries of Agriculture and Food and Environment. This By-law exempts previously draft approved plans from the By-law separation distances to agricultural buildings capable of housing livestock when such buildings are located within the Urban Area of Bowmanville. This separation clause was inserted as an alternative to the Code of Practice and the exemption provided to prevent agricultural uses in Urban Areas from impeding approved development. 9. The Ministry of the Environment and the Ministry of Agriculture and Food have both acknowledged the possibility of non-conforming status for the barn, however, without a detailed review and information with respect to the dates when the use was ceased and/or re-established, it is difficult to support a position that the non-conforming use has ceased leading to a conclusion that the re-introduction would contravene a Zoning By-law. Staff are not in a position to verify or refute the presence of livestock during all intervening periods. 10. By letter of December 31, 1987, the Ministry of Agriculture and Food have indicated no objection to removal of Condition No. 30 from the Conditions of Draft Plan Approval. 11. The Ministry of the Environment Staff have indicated that they will not agree to removal of Condition No. 30 because of a concern about potential land use conflicts and their responsibilities for dealing with possible complaint from the future residents. 4 � � REPORT 00. : PD-37-88 P&Q8 4 ------------------------------------------------------------------------------- Assuming the use of the bnzo for housing livestock has a legal non-conforming status, it is the intent of the Official Plans for the Town of Newcastle that uses which do not conform to approved designations shall, in the longer term, cease to exist. While legal uVu-ooufncmiug uses have certain rights to continue if they legally predated the Duoiug By-law, these, too, are intended or expected to cease in the long term. In this case, we have an unusual situation where a barn on a small lot, located in an Urban Area and of doubtful agricultural nature, is effectively preventing the development of a Plan of Subdivision which complies with both the Official Plan and the Zoning By-law. Since the requirement of the Ministry of the Environment was expressed as a condition of draft plan approval, it has been incorporated in the Town's Subdivision Agreement in order to facilitate clearance of these conditions and final approval, and ultimately, registration of the Plan of Subdivision. Since the condition is expressed in an Agreement between the Town and the developer, the two parties can mutually agree to dispense with the requirement. I would note that the Minister of the Environment, in a letter to the local MPP, Sam Coceatz' (copy attached) , has alluded to this by suggesting that the Town may administer the Subdivision Agreement as it desires. Be notes, / however, that should we waive the condition, Ministry Staff will not respond to future agricultural oqn0Iaiuto' but will refer same to the municipality for investigation and resolution or enforcement. The restriction contained in the Agreement affects eighteen (18) lots within Plan IOM-79I (Phase II) and three (3) lots within Plan 10DI-798 (Phase III) . For the Town to release the condition entirely, could be considered as "bad faith" in dealing with the Ministry of the Environment conditions. Initially, Staff felt that a reasonable solution, under the circumstances, would be registration of a "Warning Clause", against title of the affected lots, so that perspective Docohaaeco waive any right to complaint, action, or cause of action against the developer, the Town, or the Province should the presence of the BQP0DT 00. : PD-37-88 PAGE 5 _______________________________________________________________________________ barn and/or livestock housed therein result in a nuisance to them arising from either odours, or noise caused by such operation. This solution has been discussed with Mc. Dane 8emob of the Ministry of the Environment and be has indicated that he does not see it as an acceptable solution and referenced the Minister's letter and the intent of the Ministry to transfer enforcement responsibility, to the Municipality, should we proceed in this manner. In the absence of the agreement of the Ministry of the Environment, Staff are unable to support an amendment to the Subdivision Agreement ooleaa Council is prepared to assume responsibility for dealing with any possible complaints from i future residents which might arise from the presence of this barn. Should Council wish to entertain a request for an amendment to the Subdivision Agreement, we would recommend that such amendment provide for Notices both on Title of the affected lots and included within the Agreements of Purchase and Sale mu that individuals purchasing these lots are aware of the potential of the barn for livestock use. Accordingly, Staff request that further direction be provided in consideration of Mc. Veltci'o request. If favourable consideration is granted, we would also request that the attached resolution be approved. / Respectfully submitted, Recommended for presentation to t4e Committee Y -__-______ Jwrentc __-____-_-_-__--- T.T. Edwarda, M.C.I.P. teeff Direot or of Plauuiug Cbief c�tine officer TT8*jip *Attach. February 2, 1988 CC; Mc. Mario Valtci c/o VeItci Complex 68 King Street East 80WM&0VILLE' Ontario LlC 3X2 Lti f.%� MARIANNA DEVELOPMENTS Division of Veltri &Son Limited Builders and Contractors of Fine Custom Homes 1038 PINETREE COURT January 28, 1988 OSHAWA, ONT. Ll K 1P4 (416) 623-4172 686-3643 FEB 2 1988 T.T. Edwards, M.C.I.P. Planning Director T 0*"'V Corporation of the Town of Newcastle PLANNING DEPARTMENT Planning and Development Department Hampton, Ontario LOB 1JO Dear Sir: Re: Amendment to Subdivision Agreement Phase II and Phase III River Valley Estates, Bowmanville I would like to request that the above denoted subject be placed on the Agenda at the next available Council meeting, in order to discuss that portion of the Agreement dealing specifically with the restrictions against building on those lots affected by the existing Barn. Very truly yours, VELTRI AND SON LIMITED Mario Veltri President `-71 D A "j,r Ontario of the Ministry 135 St.Clair Avenue West er of the Toronto,Ontario M4V 1P5 Environment 416/323-4359 11M2720 14 Mr. Sam Cureatz, M .P.P. Durham East Legislative Building Queen' s Park Toronto, Ontario M7A 1A2 Dear Sam: Thank you for your November 18 , 1987 letter -i.-egarding Kariana Deve-lopments, plan ot- subidivisiol-, -1.1-, the Town of Newcastle. The restrictions to which you make reference, are contained within the Subdivision Agreement between Mariana Developments and the Town of Newcastle. Recognizing that the barn has always housed farm animals, the conditions were imposed at the request of my Ministry because we are not aware of legal control over future agricultural uses. I must also point out that the barn when inspected by a representative of the Ministry of Agriculture and Food in late October of this year was still found to house a limited number of farm animals. This may legally entitle the property as a legal expressed by the Director of Planning. In this particular situation however, if the municipality has sufficient legal control to .ensure future land use compatibility, I suggest it may administer the Subdivision Agreement as it desires. E) STR HD U 7 10 N 2 CLERK _----- b(D------------------- ACK. BY - - .----- ----------------- Mr. Sam Cureatz , M .P.P. Page 2 If the municipality wishes to proceed, Ministry staff will not respond to any future agricultural complaints but will refer all to the municipality for investigation and resolution through enforcement. As this is a matter of municipal by-law interpretation and enforcement, I am, by copy of this letter to D.W. Oakes, Clerk, Town of Newcastle, advising the municipality of the Ministry's position } on this matter. Yours sincerely, 0091 tel rlgned by Minister ,Tim Bradley Minister cc. V Mr. D.W. Oakes, Clerk Town of Newcastle Mr. D. Toombs Ministry of Agriculture and Food Lindsay I i j t Ministry MinistLre Central Ri5gion du of the de Region Centre Environment I'Environnement Ontario 7 Overlea Boulevard 7.boulevard Overlea 4th Floor 4e btage Toronto,Ontario Toronto(Ontario) 1987 12 31 M4H 1A8 M4H 1A8 4161424-3000 416,424-3000 D. Toombs Ministry of Agriculture & Food 322 Keint Street West Lindsay, Ontario K9B 2Z.9 JAN 8 1988 Dear Mr. Toombs: -NT Re: Plan of Subdivision Town of Newcastle File: 18T-75526 Thank you for your letter of November 3, 1987. 1 advise that Condition 30 of draft approval has been satisfied through provisions of the subdivision agreement. This has permitted us to release the plan for final approval . In Section 4.9(3) of the agreement, the owner and the Municipality have agreed that building permits for certain lots will not be issued prior to the removal of the barn. Alternatively, the owner may obtain an affidavit satisfactory to this Ministry, from the owner " of the barn providing his undertaking to stop agricultural use and not to permit it in the future. This approach was agreed to by the owner to permit registration. of his plan. Your letter confirms that agricultural use, albeit limited, continues in the barn. Given this, what confidence can v,e place on control bylaw? In addition, since the agricultural uses continue, it may be legally non-conforming. if Mr. Mutton were to intensify the agricultural use of his barn, a serious land use conflict could arise for which there may be no solution. We therefore continue to recommend that Section 4.9(3) of the subdivision agreement remain in effect. Yours truly, D. J. Beach, Planning Co-ordinator Approvals and Planning Technical Support Section CC: F. Wu International Year of Sheller for the Homeless T. Edwards J. Clifford A & P File Annee(nternation,l,ch ,,,-,,,,,,,, Rk/DJB/TOO/D3 1F Ontario Ministry of Ministbre de Agriculture I'Agriculture et and Food hde I'Alimentation 322 Kent Street West* Lindsay, Ontario. K9V 2Z9 Telephone (705) 324-6126 or 1-800-461-0329 P�LAN.iv� November 30 1987. Mr. Dave Beach, Ministry of the Environment, 7 Overlea Boulevard, 4th Floor, TORONTO* ON M4H IA8 B--ar Dave: Re,* River Valley Estates - Subdivision 18T-75526 art of Lot 7, Concession 1, Town of Ne-wc-a-s-tl—e MR= eEon We have been asked to review the Agricultural Code of Practice restrictions placed on this subdivision. A building restriction of 68 metres was imposed around an existing old barn by the Ministry of Environment. Since the restriction was Imposed by your Ministry, it could of course only be removed by your Ministry. The following is the situation as we understand it. The barn is within an area designated and zoned for residential development. According to Mr. T Fejfaar6sp 171:,mAng Dirc-ltor for thi� Tm."m cli tha bnnn t!."'Cant at the time the lands were zoned for residential uses and therefore do not enjoy a legal non-conforming status. In late October I visited the site and found only several chickens, 2 ducks and I goat in and around the barn. There is no tillable lands associated with the barn. Given the present agricultural use of the barn and the zoning status of the lands associated with the barn. -we would have no objection to the removal of Condition 36 from the subdivision agreement. If you have any questions or would like to discuss the matter further, please contact me. Yours truly. DT:JB Dale Toombs* Land Use Specialist. c.c. Janet Anderson,Foodland Preservation Branch, OMAF,Toronto kA ..-T. Edwards. Town of Newcastle T PV&A 0 DN: AMENDM THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 88- being a By-law to authorize an amendment to an Agreement b,.:(:ween Veltri and Son Limited and the Corporation of the Town of Newcastle. The Council of the Corporation of the Town of Newcastle he:.eby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with th; Corporation's seal, an amendment to a Subdivision Agreement between Veltri an6 son Limited and the said Corporation dated the day of 1988, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of thi . By-law. BY-LAW read a first time this day of 1988 BY-LAW read a second time this day of 1988 BY-LAW read a third time and finally passed this day of 1988. I MAYOR CLERK I DN: RESOL RESOLUTION MOVED BY: SECONDED BY: WHEREAS the Council of the Town of Newcastle has received a request from Mario Veltri, President of Veltri and Son Limited, for an amendment to the Subdivision Agreement entered into between the Town of Newcastle and Veltri and Son Limited in respect of registered plans of Subdivision M-785, M-791 and M-798; AND WHEREAS, in consideration of the request, Council of the Town of Newcastle deems it advisable to amend the Subdivision Agreement between the Town of Newcastle and Veltri and Son Limited; NOW THEREFORE BE IT RESOLVED THAT the request of Mario Veltri, President of Veltri and Son Limited be approved and that Staff be authorized to prepare the necessary amendment to said Subdivision Agreement to provide for "Warning Clauses" to be registered on title and inserted in Agreements of Purchase and Sale in respect of all affected lots, and further that, the attached by-law be passed authorizing execution of such amendment to the Subdivision Agreement between Veltri and Son Limited and the Town of Newcastle, and the Mayor and Clerk are hereby authorized to execute same on behalf of the Town of Newcastle.