HomeMy WebLinkAboutPD-177-86 (h\
TOWN OF NEWCASTLE
t REPORT File # _ J.
Res. #C, l?/q-� %
By-Law # A,
MEETING: General Purpose and Administration Committee
DATE: Monday, July 7, 1986
REPORT #: PD-177-86 FILE #: DEV 86-30
SUBJECT: REZONING APPLICATION - TOTA FARMS AND MALECKI
LOTS 21 & 22, CONCESSION 10, FORMER TOWNSHIP OF CLARKE
OUR FILE: DEV 86-30
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
I. THAT Report PD-177-86 be received; and
2. THAI Rezoning Application DEV 86-30, submitted by Tota Farms Limited and Mr. T.
Mal ecki , be denied without prejudice; and
3. THAT a copy of Council ' s decision be forwarded to the applicant and the interested
parties listed hereto.
BACKGROUND:
On May 5, 1986, the Planning Department received an application submitted by Mr. T.
hialecki and Tota Farms Limited to rezone a 58.5 ha (144.5 acre) parcel of land, comprised
of Lots 21 & 22, Concession 10, Clarke. The purpose of the application is to permit the
applicants to sever the subject lands into two (2) lots along the geographic lot line
between Lots 21 & 22. The resulting lots would have areas of 30.15 ha (74.5 acres) and
28.3 ha (70 acres) respectively. The lands are zoned "A-Agricultural" by By-law 84-63 and
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REPORT NO. : PD-177-86 Page 2
the minimum area for new non-residential lots is 40 hectares (98.8 acres).
Portions of the lands are cultivated, and a dwelling is located on Lot 22.
These a s h
1 nd are also the subject of a Land Division application (File: LD
137/86). Staff noted in comments on the application that the subject lands
are desitgnated "Major Open Space - Oak Ridges Moraine" by the Durham
Regional Official Plan. The policies of the Official plan discourage the
severance of agricultural parcels into smaller parcels which may not be of a
size to support a viable agricultural operation. The proposed lots also do
not conform to the minimum area requirement for new agricultural lots in the
"A" zone of By-law 84-63. Staff recommended denial of the severance
application due to non-conformity with the Official Plan and the Town 's
Zoning By-law.
Regional Planning Staff, in their comments on the Land Division application,
also recommended denial in that the proposed severance would have the effect
of fragmentation of agricultural land contrary to the Provincial Foodland
Guidelines.
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The Regional Land Division Committee, at its meeting of April 7, 1986,
tabled the application at the request of the applicant.
In accordance with departmental procedure, the rezoning application was
circulated to various departments and agencies for comment. The following
is a summary of the major comments received:
Region of Durham Planning Department
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"We note that the subject property is designated "Major Open Space - Oak
Ridges Moraine" in the Durham Regional Official Plan. Section 12.2.2 of the
Durham Plan stipulates that the predominant use of lands designated as Oak
Ridges Moraine shall be for agriculture and farm-related uses .
The proposal to divide the subject property into 2 lots does not appear to
conform unless it can be demonstrated that the proposed lots will support
viable farm operations and are of appropriate sizes for the agricultural
activities being carried out."
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REPORT NO.: PD-177-86 Page 3
Ministry of Agriculture and Food
"Approval of this proposal would comply with the Foodland Guidelines because
the severed and retained parcels are of a size that will continue to be
useful for agriculture. The lands are rated Class 4 and Class 6 by the
Canada Land Inventory. "
The Following agencies indicated no objection to the application:
- Town of Newcastle Public Works Department
- Town of Newcastle Fire Department
- Town of Newcastle Building Department
- Ganaraska Region Conservation Authority
- Region of Durham Health Unit
- Ministry of Transportation and Communications
- Manvers Township Council
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Information provided by letters submitted by the applicant' s solicitor and a
planning consultant retained by the applicant indicates that the two (2)
lots were purchased in joint ownership and that, in 1971, a deed was
registered to divide the two lots into two (2) separate properties. This
deed was apparently registered without the necessary consent stamp. St aff
note that, prior to 1974, land severances in the former Township of Clarke
were controlled by the Committee of Adjustment of the former Township of
Clarke. Staff have reviewed the records of the Committee and have found no
record of a severance for the subject lots being applied for or approved.
The entire lands are currently rented to one individual who farms the
property. Recently, Tota Farms Limited entered into an agreement to sell
Lot 22, and was advised that the consent of the Region of Durham Land
Division Committee is required.
The Planning Consultant indicates in his letter that the subject rezoning
and associated severance applications should be considered on the basis that
the lands in question are poorer quality agricultural land as identified by
the Canada Land Inventory. He argues that the Foodland Guidelines and the
policies of the Regional Official Plan, as implemented by the Town's Zoning
By-law, which encourage the retention of large agricultural parcels, are
only valid when applied to high quality agricultural land. Farming on
marginal agricultural land, as with the subject lands, is not economically
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REPORT NO.: PD-177-86 Page 4 /
feasible unless it can be carried out on a part-time basis supplemented by
off-farm income. The Consultant states that the range of farming activities
that can be conducted on the subject lands is very restricted, with
approximately 100 acares being workable and the remaining 40 acres being
bushland. In his view, Agriculture has only been possible because the
agricultural rents are very low and higher rents would make farming
economically unfeasible. He argues that the proposed severance and rezoning
would conform with the intent of the Official Plan and Zoning By-law - that
is, to further the intent of agriculture - in that it would permit the
prospective purchaser of Lot 22 to make a gradual entry into farming.
COMMENT:
With respect to the Planning Consultant' s argument that the policies of the
Durham Regional Official Plan and the Foodland Guidelines do not apply to
the subject lands inasmuch as they are of marginal agricultural quality,
Staff note that the Ministry of Agriculture and Food has identified the
lands as being Classes 4 and 6 as defined by the Canada Land Inventory of
Soil Capability for Agriculture. Class 4 lands are identified as being
suitable for perennial forage crops but marginal for common field crops,
while Class 6 lands are suitable for perennial forage as pasture. The
Foodland Guidelines define lands where Classes 1,2,3 and 4 predominate as
being high priority agricultural lands, and further state that it may be
desirable to identify as an agricultural resource some Class 5 - 6 lands
which occur in conjunction with higher class land. Staff note that the
definition of "Prime Agricultural Land" has been confirmed in the recent
proposed Policy Statement on Foodland Preservation as issued jointly by the
Minister of Agriculture and Food and the Minister of Municipal Affairs. It
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would appear therefore that, although the subject lands may not be suitable
for cultivation, they are useful as pasture or the production of forage
crops.
The Planning Consultant has indicated that the subject lands are not
sufficient to be an economic farm unit and that agriculture is not feasible
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REPORT NO.: PD-177-86 Page 5
unless carried out on a part-time basis supplemented by off-farm income. He
states that approximately 40 hectares is workable, while the remaining 16
hectares is bushl and. A review of topographic mapping and a site inspection
have confirmed this and have indicated that the arable land is more or less
evenly divided between Lots 21 and 22. The site inspection also indicated
that only a portion of the arable land is currently being cultivated, with
the remainder lying vacant.
The policies of the Durham Regional Official Plan discourage the severance
of agricultural parcels into units too small to support viable agricultural
operations. These policies are implemented through By-law 84-63, the Town's
Comprehensive Zoning By-law, which requires a minimum area of 40 hectares
for new agricultural parcels in the "Agricultural " zone. As indicated
above, approximately 40 hectares of the subject lands is workable.
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The Ministry of Agriculture and Food has indicated no objection to the
proposed severance and rezoning, and state that the severed and retained
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lots would be of a size that would continue to be useful for agriculture.
However "useful " should not be confused with "viable". Staff note however i
that by the Consultant 's own admission the two (2) lots together are
currently not a viable farm unit. Staff therfore suggest that the severance
of the subject lands would therefore further undermine the agricultural
viability of the lands and would only serve the purpose of creating a
separate building lot and to give effect to transfers which the Planning act
was clearly amended to prevent.
It is therefore recommended that Rezoning Application DEV 86-30 be denied.
Respectf y ed, cc: Mr. Howard Snodgrass
134 Charing Cross Street
BRANTFORD , Ontario M3R 2J1
. Edwards, M.C.I .P. cc: Mr. Richard Sciuk
Director of Planning 259 Simcoe Street South
OSHAWA, Ontario
JAS*TTE*jip L1H 4H3
June 24, 1986
cc: Mr. S.E. Wyatt
cc: Tota Farris Ltd. & Wyatt, Purcell , Well ,
Mr. 1 . Malecki Stillman & Scott
R.R. #2 P.U. Box 1115,
BURFORD, Ontario 103 Darling Street
NOE 1AO BRANTFORD , Ontario N3T 5T3
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AREA OF PROPOSED REZONING
2266 ^255 24 23 2l RO NDARY 20A 19 18 17 16
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THE CURPURATIUN OF THE ]OWN Ot NEwCA�ILE
BY-LAW NUMBEk 86-
oeing a by-law to amend By-law 84-63, the Comprehensive Zoning
Uy-law of the Corporation of the low', of Newcastle.
wHEkEAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend by-law 84-63, as amended, of the Corporation of
the Town of Newcastle.
No,,4 1HEREFUkE BE IT kESOLVEU THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
I. Section 6.4 is hereby amended by adding thereto the following
new Subsection 6.4.24 as follows:
"6.4.24 AGkiCUL1URAL EXCEPTION (A-24) ZONE
Notwithstanding Jection b.3, those lands zoned "A-24" on the
Schedules to this by-law shall be subject to the following zone
regulations:
a) Lot area (nnnimum) 28 hectares"
2. schedule "Y" to by-law 84-b3, as amended, is hereby further
amended by changing to "A-24" the zone designation of the lands
indicated as "ZONE CHANGE TU A-24" as indicated on the attached
Jchedule "X" hereto.
i. schedule "X° attached hereto shall loan Hart of thl. by-law.
v. (his !�y-law shall come into effect o❑ th( date of pdssrnq
herett, subject to the provisions of the IrLurnrnq Act.
oY-LA., read a first time this day of 198o
,5Y-LA'r read a second time this day of 1986
nY-LA- read a third time and tinally passed 10S day Ot
1986.
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This is Schedule "X" to By-law 86
passed this .---day of---.---, 1986 A.D.
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LOT 23 LOT 22 LOT 2.1
ZONE CHANGE FROM 'A''TO 'A-24
Mayor °" Clerk
SUBJECT SITE
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Former Township of CLARKE