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HomeMy WebLinkAboutPD-124-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 6, 1983. m j REPORT NO. : PD-124-83 SUBJECT: LD154/82 - WILBAR IN TRUST PART OF LOTS 27 & 28, CONCESSION 6 FORMER TOWNSHIP OF CLARKE I RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD124-83 be received; and 2. That Council confirm staff's action in filing an appeal of the decision of the Durham Region Land Division Committee in respect of Application LD 154/82, Part of Lot 27/28, Geographic Township of Clarke, Town of Newcastle. BACKGROUND: I On July 4th, 1983, staff received notification of an application LD154/82 that was to be considered by the Land Division Committee at their next scheduled meeting. The following would summarize the comments as submitted to the Land Division Committee. , REPORT NO. : PD-124-83 Page 2 "CONFORMITY WITH OFFICIAL PLAN: The subject site is designated "Permanent Agricultural Reserve" by the Region of Durham Official Plan . Under this land use designation a farmer would be allowed to sever a lot with an existing farmhouse located thereon, provided such dwelling is not needed for a farm employees dwelling, or as a farmer's retirement dwelling. In that regard the requested severance to allow the disposal of a farm related dwelling would appear to conform with the policies of the regional plan. However, we note that this application has been forwarded to the Regional Planning staff for comments therefore, their comments relating to the Official Plan conformity shall prevail ." "CONFORMITY WITH ZONING BY-LAWS: The subject and retained lands comply with the applicable provisions of By-law 1592 as amended, of the former Township of Clarke. However, we note that the sketch attached to the subject application does not indicate the exact measurements relating to the existing buildings on the retained land in relationship to the proposed lot lines. Therefore, should the application be approved, the applicant will be required to submit a survey showing the exact measurements as stated above, as there may be a minor variance required for the existing setbacks." It is noted for the Committee's information that an application pertaining to the above noted property has been submitted to the Land Division Committee on two separate and earlier occasions, each application being altered slightly. . . .3/ i I U REPORT NO. : PO-124-83 Page 3 Firstly, on August 20th, 1981 , application LD343/81 was received by staff for comment thereon for consideration at the Land Division Committee meeting held on September 14th, 1981 . The application as submitted proposed the creation of two agricultural lots. The retained lands were to comprise fifty-one (51 ) acres upon which all building structures would be located, while the severed lands comprised of the remaining one hundred and one (101 ) acres. Staff comments reflected the non-compliance with the policies of the Durham Official Plan and restricted area zoning by-law for the former Township of Clarke. The application at the request of the owner was tabled for a period of six months, at which time it was dismissed without prejudice at the request of the applicant. A further application LD154/82 was received by staff on May 20th, 1982 for consideration and comments thereon to be forwarded to the Land Division Committee for their July 5th, 1983. This particular application requested approval for the disposal of the surplus dwelling unit. Once again two lots were proposed, the severed lands comprising eighty-seven (87) acres plus an existing farm home while the retained lands totalled sixty-five (65) acres upon which the remaining structures were situated. The comments as submitted by staff are summarized below: "Conformity with Official Plan - no. The subject site is designated "Permanent Agriculture Reserve" in the Region of Durham Official Plan. The predominant use of land under this designation shall be for agricultural and farm related uses . In addition , it would appear that the intent of the Regional Plan is to limit residential development and to preserve large tracks of land for agricultural purposes. . . .4/ I REPORT NO. : PD-124-83 Page 4 The applicant has indicated on the subject application that the intended severance of this land is in order to dispose of the surplus dwelling. However, Town staff's interpretation of the Regional Plan for this type of severance would be where an additional farm has been acquired having an existing farmhouse and as a result of this consolidation the farmer does not require the additional dwelling, he may then sever the lot and dwelling from the entire parcel . In that regard, the subject application would not conform with this policy of the Regional Plan. Conformity with Zoning By-laws - The subject and retained lands appear to comply with the applicable provisions of the "A" Agricultural Zone of By-law 1592, as amended of the former Township of Clarke. From the sketch attached to this application it is difficult to determine the amount of lot frontage the subject lands would have on the open portion of road allowance between Lots 26 & 27, and whether such frontage would conform with the present by-law requirements. Other Comments - We note that the applicant had submitted a previous application to the Land Division Committee (LD343/81 ) which has been dismissed. Both applications appear to be separating large parcels of agricultural land for residential purposes , thereby conflicting with the policies of the regional plan." The minutes of the June 14th, 1982 Land Division Committee meeting would reflect the following. Mr. P. Johnston, solicitor on behalf of this applicant, advised that the dwelling on the retained lands was a large stone . . .5/ I I I REPORT NO. : PD-124-83 Page 5 house and that his client worked the lands to be retained, in trees and some pasture land. The subject land contained a frame dwelling which was a solid house suitable for a young farmer starting out and the subject land was presently rented to a farm operation for corn. He addressed himself to the comments regarding road frontage, his contention being that the road adjacent to the subject land was open and maintained by the Town. A member of the Committee confirmed that the large stone house had precluded its purchase by the farmer and that if proof was submitted that the subject land was to be put to an agricultural use and not to a large residential parcel further consideration could be given. Mr. Johnston expressed the opinion that by continued renting the land could become damaged due to non-ownership leading to lack of fertilization and eventually the land would become fallow. The motion of the Committee was as follows : "That application LD154/82 be tabled for a period of six months at the applicant's solicitor's request. Subsequently at the Land Division Committee meeting of December 20th, 1982 application LD154/82 was tabled for a further six months at the applicant 's request. The minutes of the Land Division Committee held on June 20th, 1983 would indicate that in consideration of the applicant 's request to amend the application, the Committee felt that recirculation of the application. was required. Accordingly the application was tabled to the July 2.5th, 1983 meeting following the recirculation to the appropriate agencies. STAFF COMMENTS: The minutes of the Land Division Committee meeting of July 25th , 1983 reflect the following. Mr. Johnston, the REPORT NO. : PD-124-83 Page 6 solicitor on behalf of the applicant indicated to the Committee that the large stone house precluded the sale to a farmer and an offer to purchase had been received on the subject land included in which was an agreement that a Mr. Sikma would rent the smaller house for five years and then access would be given to same by Mr. Leask. The Committee was of the opinion that by allowing the approval of this application that the farm would return to a full agriculture use. Accordingly the following decision was carried unanimously. "That application LD154/82 be approved as amended as such would allow the subject land to return to its agricultural use subject to: 1 . That the applicant satisfy the requirements of the Town of Newcastle, financial and otherwise. 2. That the applicant satisfy all the requirements of the Regional Municipality of Durham concerning the provisions of Regional services financial and otherwise. 3. That it be registered on title that the future owners of the retained property will not object to or deter farming operations in the area. 4. That the subject land be in the name of Sikma. 5. That the applicant submit two copies of a registered reference plan on the subject parcel for the clearance of documents. 6. That this approval shall lapse at the expiration of two years from the date the the decision is final and . . .7/ I I REPORT NO. PD-124-83 Page 7 binding unless all the conditions are fulfilled and the formal consent has been released. 7. That prior to the signing of the certificates given by the Secretary/Treasurer that consents has been given the Secretary/Treasurer is to be advised in writing by the Town of Newcastle that Condition #1 has been carried out to its satisfaction. 8. That prior to the signing of the certificate given by the Secretary/Treasurer that consent has been given the Secretary/Treasurer is to be advised in writing by the Regional Works Department that Condition #2 has been carried out it its satisfaction. In consideration of the comments as noted within the minutes of the Land Division Committee meeting of July 25th, 1983 the conformity with respect to the Region of Durham Official Plan policies and provisions within the former Township of Clarke Zoning By-law would appear to be in jeopardy. The application as submitted for the Committee's (Land Division) consideration at their June 14th, 1982 meeting dealt with the request for the disposal of a "Surplus Dwelling Unit". Staff regretably did not revise the comments for the most recent application, however note that the information as contained within the application itself was conflicting as to the interpretation of the purpose for which the severance was proposed. Within the most recent application the prospective purchasers, a Mr. F� Mrs. Smith are noted as being a "Bonafide Farmer" who would require the barns, but not the second house. Staff assumes this agreement was negated and subsequent thereto, Mr. Sikma entered the picture as perspective purchaser. As contained . ..8/ � /< REPORT REPORT NO. PO-124-83 Page 8 in staff's comments of July 2.5th, 1983 it was staff's understanding that a surplus dwelling was being disposed of however, staff have been in contact with Regional Planning Staff and were advised that the Region of Durham is contemplating filing an appeal due to non-compliance with the Region of Durham Official Plan Policies . It is noted that the subject and retained lands would comply with the applicable lot area provisions of By-law 1592 as amended in the former Township of Clarke. However, we note that in consideration of the request of the proposed purchaser, as noted in the minutes of the most recent land division Committee meeting, compliance with respect to the number of residential dwelling units on the "retained lands" as noted in Section 3.3 -"Multiple Uses" in said zoning by-law is not possible. The last date of appeal was August 31st , 1983, and accordingly staff filed an appeal of the decision in as much as a report obtaining Council 's position could not be obtained prior to the expiry of the appeal period. In view of the foregoing, staff are now seeking Committee 's direction with respect to the appropriateness of proceeding with an appeal on behalf of the Town of Newcastle of the decision of the Land Division Committee as filed. If Council does not wish to pursue this appeal , a resolution of Council will be required to withdraw the Town's objection to the consent. Res u l l mitted, T. Edwards, M.C. I.P. Director of Planning LDT:TTE*JIP August 30th, 1983