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Home My WebLink AboutPD-163-84 )v— CORPORATION �c� Q OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 1 , 1984 REPORT NO. : PD-163-84 SUBJECT: APPLICATION TO AMEND DURHAM REGIONAL OFFICIAL PLAN - M. PEDWELL PART LOT 31 , CONC. 2, FORMER TWP. OF CLARKE FILE: OPA 84-19/D RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-163-84 be received; and 2. That the Region of Durham be advised that the Town of Newcastle recommends that the application, submitted by M. Pedwell to amend the Durham Regional Official Plan to permit the development of sixteen (16) Estate Residential lots in Part of Lot 31 , Concession 2, Clarke, be denied without prejudice; and 3. That a copy of Council 's decision be forwarded to the Region of Durham and each of the residents who have made submissions to the Town and the Region with respect to this application. i . ..2 t i REPORT NO. : PD-163-84 Page 2 BACKGROUND: On July 10, 1984, the Town of Newcastle was advised by the Region of Durham that it had received an application submitted by Mr. Maurice Pedwell to amend the Durham Regional Official Plan to permit the establishment of sixteen (16) Estate Residential lots in Part of Lot 31 , Concession 2, former Township of Clarke. The proposed lots would be located on the west side of Bellwood Drive (the road allowance between Lots 30 and 31 ) and are proposed to have, on average, an area of 1 ,8-59 square metres (20,000 square feet) and a frontage of 30.48 metres (100 feet). The proposal as submitted would result in the western portion of the entire existing lot, which has an area of 6.98 hectares (17.2.6 acres) , being land-locked. The applicant has indicated that, if the proposal is approved, these remaining lands would probably be sold to the owners of adjoining orchards. In support of his proposal , the applicant has indicated that hydro electric, telephone and natural gas services are already in place to serve the existing thirty-two (32) lots located on the east side of Bellwood Drive, and that the proposed development would not require the extension of these services. The applicant has also noted that Bellwood Drive is currently maintained by the Town and has suggested that further improvements to the road are not required. The applicant has also submitted a Soils Report which states that the subject lands are suitable for the construction of septic tile beds and house foundations, and that there is sufficient groundwater available for domestic use. ...3 REPORT NO. : PD-163-84 Page 3 SUMMARY OF CIRCULATION COMMENTS: In accordance with departmental procedure, the application was circulated to various departments and agencies for comment; as well , the Region of Durham Planning Department provided copies of comments received through its circulation of the application. The following is a summary of the major comments received: Town of Newcastle Public Works Department No objection. The comments related primarily to matters addressed in a Subdivision Agreement; however, the department noted that the Owner must contribute to the future reconstruction of Bellwood Drive to the Town's minimum paved road standards. Town of Newcastle Fire Department Suggested that consideration be given to fire protection requirement for rural development. Region of Durham Health Unit Required drilled wells which are to be located at the eastern perimeter of each lot between the house and the road, and advised of probable land restructure requirements in order to achieve gravity flow sewage systems. Ministry of Agriculture and Food Consideration has been given to this proposal in terms of the goals and objectives of the Ministry and of the criteria and policies outlined in the Foodland Guidelines. Soils on the site are Class 1 for agricultural production. The site is presently in hay production. Surrounding uses to the east are a strip of homes along Bellwood Drive, to the south and west the lands are growing corn and to the north is an abutting, orchard. The Foodland Guidelines states that Estate Residential development should occur only on soils of low agricultural capability well removed from agricultural activity. As this proposed development is on good agricultural soils and not removed from agricultural activity, the Ministry must object to the proposal . . . .4 i 1;C� REPORT NO. : PD-163-84 Page 4 A total of thirty-nine (39) residents submitted objections to the proposed Official Plan Amendment. These objections were received in the form of eleven (11 ) letters and one petition. The following is a summary of the major concerns sited by the residents: - the area is designated agricultural and not residential - the presence of agricultural uses in the immediate area - the impact on existing wells - the loss of country atmosphere for residents along Bellwood Drive and decreased property values - increased traffic on Bellwood Drive - increased taxes and demand for services - the precedent established by allowing agricultural land to be developed residential . As well , the former owner of the land submitted a letter stating that the subject property is not prime agricultural land and that the land was best suited for housing. A letter submitted by another resident indicated that, in his opinion, there would be adequate water to service the proposed lots without affecting present wells on the opposite side of the road. COMMENT: The property subject to the Official Plan Amendment application is designated "Permanent Agricultural Reserve" by the Durham Regional Official Plan. The Official Plan states that the use of land within this designation for any purpose other than agriculture and farm related uses shall not be permitted. The applicant has stated in support of his application that the residential use of Bellwood Drive I . ..5 REPORT NO. : PD-163-84 Page 5 has already been established by the presence of thirty-two (32) existing homes located on the east side of the road. Staff note however, that under the provisions of the Regional Official Plan, the presence of non-farm residential dwellings on one side of a road cannot be used as a basis for permitting development on the opposite side; as well , the Plan clearly discourages the creation of strip or ribbon development. The subject property was zoned "A-Agricultural " by By-law 1592,as amended, of the former Township of Clarke. The minimum lot area and frontage for new residential lots in this zone was 16.2 hectares and 100.5 metres. The subject property is currently zoned "A-1 Agricultural " by By-law 84-63, the Comprehensive Zoning By-law. This zoning in the Comprehensive Zoning By-law reflects land designated Permanent Agricultural Reserve by the Durham Regional Official Plan. The applicant has indicated that the proposal has been submitted with the intention of the subject lands eventually being rezoned to "RC-Rural Cluster". Staff note however that the areas proposed for the new lots would be considerably below the 3,000 square metre minimum area requirement established by the Rural Cluster Zone. As well , the Regional Official Plan specifically states that Rural Clusters shall be permitted only within the General Agricultural area and the Major Open i Space area as designated by the Official Plan. Based on the above arguments, Staff are of the opinion that the subject application is not in conformity with the Regional Official Plan , and if approved, would seriously undermine one of the basic tenets of the Durham Regional Official Plan - that is, the preservation of the I REPORT NO. : PD-163-84 Page 6 agricultural areas of the Region and in particular, land designated as prime agricultural land. Staff also reference the objection of the Ministry of Agriculture and Food to the proposed development. With respect to the objections to the proposed amendment submitted by area residents, it is not appropriate for Planning Staff to comment on many of the concerns inasmuch as they lie outside the sphere of normal planning considerations . However, many of the concerns sited, for example, the precedent established by allowing agricultural land to be developed residentially, and the presence of agricultural uses in the immediate area, are in keeping with the concerns of Planning Staff with this application. It is therefore recommended that the Region of Durham be advised that the Town of Newcastle recommends that Official Plan Amendment application submitted by Maurice Pedwell be denied. It is further recommended that each of the residents who have made submissions with respect to this application be forwarded a copy of Council 's decision. Respectfull ted, f:+ T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*jip September 14, 1984 Applicant: Strike & Strike Barristers & Solicitors Box 7 38 King Street West BOWMANVILLE, Ontario L1 C 3K8 KEY MAP FORMER TOWNSHIP OF CLARKE j LOT 35 1 1 I I I I i I 1 I 1 I LOT 34 I LOT 33 LOT 32 I LOT 31 LOT 30 1 LOT29 LOT 28 1 LOT 27 I LOT 26 I LOT 25 I I I I I I I SUBJECT ( I I SITE I I Retained Portion 0 I I I of Lot I I C,4",4 M' I I I I I I I I I I I P-4 c'), I i I ` NEWCASTLE I I I r I I I DO ' I I I I I I I C,� I I I I �'r/p i I DHEAD J 0 250 500 1000M j 500 LIST OF PERSONS WHO WERE SENT A COPY OF REPORT PD-163-84 Strike & Strike Mr. Harry L. Wade ,,, Barristers & Solicitors 688 Sunset Box 7, 38 King Street West NEWCASTLE, Ontario BOWMANVILLE, Ontario LOA 1HO Ll C 3K8 Mr. Steve Sutherland Mr. & Mrs. Harry Shephard R.R. .R. # .R. #2 2. Bellwood Drive Bellwood Drive NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1HO LOA 1H0 Mr. & Mrs. Ronald Taylor Mr. & Mrs. Robert Stone R.R. #2 P.O. Box 219 Bellwood Drive BOWMANVILLE, Ontario NEWCASTLE, Ontario L1C 3K9 LOA 1HO Mr. & Mrs. Adrian deLatt Mr. E. Buhagiar R.R. #2 R.R. #2 Bellwood Drive Bellwood Drive NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1H0 LOA 1HO Mr. & Mrs. Thomas Lowery Mr. Mark Waghorne R.R. #2 R.R. #2 Bellwood Drive Bellwood Drive NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1 HO LOA 1HO Mr. & Mrs. R. Coleman Mr. & Mrs. Al Sokoljuk R.R. #2 R.R. #2 Bellwood Drive Bellwood Drive NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1HO LOA 1HO Mr. & Mrs. Randy Walters✓ Mr. & Mrs. John Mews R.R. #2 R.R. #2 Bellwood Drive NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1HO LOA 1HO Mr. M.C. Hamon Mr. & Mrs. Harry Horricks R.R. Box 88, R.R. #2 Bellwood Drive Bellwood Drive NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1HO LOA 1H0 Mr. Fred Cummings Mr. & Mrs. David Macy R.R. #2 R.R.#2 Bellwood Drive Bellwood Drive NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1HO LOA 1H0 Mr. James E. Barchard Mr. & Mrs. Wayne Mohns R.R. #2 R.R. #2 Bellwood Drive NEWCASTLE, Ontario LOA AST NEWCASTLE, Ontario LOA 1HO Mr. & Mrs. Gordon Vickers Mr. & Mrs. Jack Dinsdale R.R. #2 R.R. #2 Bellwood Drive Bellwood Drive ry NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1HO LOA 1HO Mr. John Rickard Mr. & Mrs. Frank Malnerich WOODVILLE R.R. #2 Ontario Bellwood Drive KOM 2TO NEWCASTLE, Ontario Mr. Bruce Johnston LOA 1HO R.R. #2 Bellwood Drive NEWCASTLE, Ontario LOA 1HO I