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HomeMy WebLinkAboutPD-171-83 ) '- 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 21 , 1983 REPORT NO. : PO-171-83 SURJECT: REQUEST TO WAIVE THE ACCEPTANCE OF A n.3m RESERVE - RICHARD & VICTORIA BATE PART LOT 19, CONCESSION 1 , FORMER TWP. OF CLARKE - LAND DIVISION FILE: LD 302/81 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-171-83 be received; and 2. That the Town of Newcastle not accept the 0.3m Reserve as described in the Land Division Committee decision of September 13, 1982, respecting LD 302/81 ; and 3. That a copy of said report be forwarded to the Land Division Committee for their information and action thereon. . , .2 REPORT NO. : PD-171-83 Page 2 ORIGIN: A request on behalf of Mr. & Mrs. Richard Bate' s was received by staff requesting the Town of Newcastle to waive the Town 's right to the 0.3m Reserve as per conditions Number 1 and 4 of the decision of the Land Division Committee dated September 13, 1982. BACKGROUND: Mr. & Mrs. Bates ' request arises from a situation as a result of a severance application under File No. LD 302/81 . The subject application for severance was received initially by staff in July of 1981 , and a recommendation for denial was made due to the non-conformity with the provisions of the Durham Regional Official Plan, and the Restricted Area Zoning By-law 1592, as amended. The Land Division Committee minutes of August 10, 1981 reflect the following: .. . The application proposes the severance of 25.09 hectare vacant agricultural property from a 29.54 hectare property supporting house and two out buildings. The retained parcel will continue to support a meat-smoking business, and the severed parcel is proposed to be sold for farming purposes. .. Mr. Bates explained to theCommittee that the reason the reason the retained parcel was so large was that they did keep hogs for curing. . . There home contained a smokehouse and refrigeration section to prepare the meat etc. for sale at their outlet store in Bowmanville. . . The Committee noted that the proposal did not conform to the Regional Official Plan , nor the Restricted Area Zoning By-law. . . The Committee felt that this application should be tabled until such time as the applicants discuss the proposal with the Town of Newcastle, and to enable them to find a purchaser for the farm land. . . Accordingly, a motion tabling LD 302/81 for a maximum period of one year, was carried unanimously. .. .3 l_v --CO) REPORT NO. : PO-171 -83 Page 3 The application was reheard on August 9, 1982 and in consideration that no representation was present on behalf of this application, a motion to table LD 302/81 for a further period of one month, was carried unanimously. The application was rescheduled to be heard at the Land Division Committee meeting of September 13, 1982. The minutes of said meeting reflect the following: . .< Mr. Bates informed the Committee that he had not obtained any further information from the Town of Newcastle, but he was willing to reduce the size of the retained land, which contains the family's existing smoke meat business. . . It was the general consensus that by placing a one (1 ) foot reserve along the frontage of the subject land, it would remain in agriculture being surplus to the existing meat processing business. .. Section 11 .2.6 of the Region of Durham Official Plan states as follows : "11 .2.6 Notwithstanding Section 11 .2.2, 11 .2.4 and 11 .2.5, non-farm residential uses may be allowed in the Permanent Agricultural Reserve and in the General Agricultural Areas in accordance with the applicable provisions of Section 10.2 add: a) For a retirement lot for a bona-fide farmer provided 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 sever- ance 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 . . .4 LV ( � REPORT NO. : PD-171-83 Page 4 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." Staff would note for the Committee's information that this application was not submitted in consideration of the requirements of Section 11 .2.6 - Regional Official Plan, and would not comply with said provisions. The Land Division Committee issued the following motion of the Committee: "That application LD 302/81 be approved as amended, to create a parcel of land for agricultural purposes , the retained parcel to abut the easterly boundary of parcel C, with a frontage of not more than that needed to provide the required rearyard setback of the Zoning By-law of the Town of Newcastle, as such would allow the retention of an existing use and allow the subject land to remain in agricultural , subject to: 1 . That a one (1 ) foot reserve be dedicated to and accepted by the Town of Newcastle, along the front- age of the subject land. 2. That the applicant submit two copies of a registered reference plan on the subject parcel , for the clearance of documents. 3. That this approval shall lapse at the expiration of two years from the date the decision is final and binding, unless all the conditions are fulfilled and the formal consent has been released. 4. That prior to the signing of the certificate given by the Secretary/Tresurer, that the consent 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. CARRIED UNANIMOUSLY Dated: September 13, 1982 Expiry Date: October 14, 1984" . . .5 REPORT NO. : PD-171-83 Page 5 COMMENTS: Staff would offer the following comments/concerns for Committee's deliberation of the request as submitted: a) The application as submitted to the Land Division Committee would not comply with the severance policies in the Region of Durham Official Plan; b) In order for the "retained parcel " to comply with the provisions of Zoning By-law 1592; a minimum lot area of 40 acres and lot frontage of 330 feet is necessary. The proposed severance as approved and amended by the Land Division Committee would result in the creation of a parcel having an area of 8.7 acres and frontage of 400 feet. Staff note that in consideration of the particular wording used by the Land Division Committee in amending the application ; the dimensions of the "retained lands" as mentioned above are approximate; to be confirmed through the submission of the appropriate "R-Plan". It would appear that the Land Division Committee has considered that the "frontage" of the retained parcel could be interpreted as the east/west road allowance , between Concession 1 and the B.F. Concession. The Land Division Committee application as submitted indicated that the retained parcel would in fact have frontage on two road allowances and within the context of Zoning By-law 1592 be considered a corner lot. The defined "front lotline" of a corner lot within By-law 1592 is deemed to be the shorter lotline that abuts a street. Accordingly, the frontage to the "retained parcel " would appear to be the north/south road allowance. It would therefore appear that the creation of the retained parcel as described by the Land Division would not , nor could it comply with the Zoning By-law provisions. s-a cd) REPORT NO. : PD-171-83 Page 6 c) The information submitted on behalf of the Bates indicated that the "business operation" has been in existence since September, 1963 on the 72.99 acre parcel , however any severance to create a new lot must comply with the present legislation; d) The Land Division Committee acknowledged that the proposal did not comply with the Regional Official Plan and Zoning By-law as stated in the minutes of the August 10, 1981 meeting; e) Condition No. 1 within the Land Division Committee decision of September 13, 1982 states that the one foot reserve "be dedicated to and accepted by the Town of Newcastle along the frontage of the subject land. It is staff's opinion that in consideration of the above-noted concerns, the 0.3 metre reserve should not be accepted by the Town of Newcastle. Alternatively, should Council deem it advisable and consider it appropriate to accept the said reserve, staff would point out that the applicants have requested that the Town waive its require- ments for the need of the 0.3 metre reserve. Council 's consideration of the following would be in order : i ) .. . .acceptance of the 0.3 metre reserve. .. .requir- ing the preparation of appropriate "R-Plan" . . . . costs associated therewith the responsibility of the owner i .e. survey, preparation of deed, j registration. . . . ii ) . . . .consideration of applicant ' s request to waive/return the 0.3 metre reserve. . .. I . . .7 REPORT NO. : PD-171-83 Page 7 . . . .Council ' s agreement to return the 0.3 metre reserve to the Owner. . ..all costs associated thereto the responsibility of -the Owners. . . .i .e. preparation of deeds, execution and registration. . . . iv) . . . .Council does not agree to return the 0.3 metre reserve and retain ownership of reserve. . .. V) Council may deem it advisable to provide access only over the 0.3 metre reserve for farming purposes through a licensing agreement. . . .all associated costs, the responsibility of the owner. . . .i .e. preparation and execution. Respectful] ubm' , e ' „T.T. Edwards, M.C.I .P. Director of Planning LDT*TTE*j i p Applicant : Richard & Victoria Bate R.R. #3 NEWCASTLE, Ontario LOA 1HO Solicitor: Ewert and McGregor P.O. Box 9 NEWCASTLE, Ontario LOA 1HO i i 1 _ gf " .4 V .q A p4 f7T N 0 1-.QN c3HZU5 � � Eta3EMcrjr r1 •.�i..r� ice'i� _ i d RY op� , 210,p 0 � V ` 3.2-or_ I .o q v f�►qr f d h io R c�ta r Rio.p' . •--•� _.�._____—_— �L L.. 0�..r'.�1 NG�� �.•fs Tl.f�FCC/- '-' —._-. _._-...-_.____.�,_._1Z