Council defeats controversial Weston development amendments

By Kirk Starratt

The Advertiser/NovaNewsNow.com

At the 11th hour, Kings County council has defeated amendments that would have allowed a controversial development on farmland in Weston.

The proposal from Fury Farms, owned by Gerry Fulton, was to construct between 200 and 300 units in a mixed residential development on 47 acres of prime agricultural land adjacent to and including a portion of the Berwick Heights Golf Course property in Weston.

It would have followed a clustering concept and featured on-site sewer and water services. The subject property is located at the corner of Highway 221 and McLean Road. If the Municipal Planning Strategy and Land Use Bylaw amendments had been given second and final reading, Fury Farms would have been able to apply for a development agreement.

In the end, only two councillors voted in favour of the amendments, Warden Fred Whalen, who represents the subject area, and Wayne Atwater.

Whalen said the $50-million project would create jobs in terms of construction and create additional business and employment at the golf course. It could mean fewer young people heading west. It would add about $4 million to the county tax base and it could draw more professionals to the county and improve attendance at local schools.

“I think this is too good an opportunity to pass up. That’s why I’m supporting it,” he said. “I can’t see anything but a win-win situation.”

Whalen said the acres of unutilized farmland between Coldbrook and Berwick indicates to him that there is more agricultural land than is currently needed for production.

Continues support

The warden said he has supported agriculture in the past and would continue to do so and just because he votes in favour of the development doesn’t mean he’s being hypocritical.

Coun. Atwater said he would be voting in favour of the project and he encouraged his colleagues to do so. He said some farmers told him they didn’t want to speak for or against the project while some told him to vote for it and others told him to vote against it.

“We’ve got more agricultural land than we’ll ever use,” he said, pointing out that a lot of farmland is growing up in bushes.

Coun. Eric Smith said, however, if there were ever problems with the proposed on-site sewer and water systems, it could become an expense to the taxpayers of Kings County.

“We’ll lose more farmland to development if this goes ahead,” Smith said. “We’ve got to protect farmland.”

Coun. Madonna Spinazola said there isn’t any municipal infrastructure in the subject area and no demand for housing. Staff didn’t recommend the proposal, no one in the community is in support and the proposal goes against the Municipal Planning Strategy (MPS). She later called for a recorded vote.

“I’m trying to find good rationale for anyone to vote for it but I can’t find it,” she said. “I didn’t hear anyone say ‘I live in Weston and this is good for my community.’”

Legal opinion

Coun. John Fuller asked for a legal opinion on whether or not approving the amendments would set a precedent. Municipal Solicitor Don Urquhart said it would set a precedent.

“Others in the future would want similar treatment,” he said. “It would make it more difficult to say ‘no’ in the future if this is approved.”

Fuller said council should insist that growth be kept to the growth centres, as outlined in the MPS, because this is where the services are.

Coun. Barry Peterson said if the rezoning of agricultural land doesn’t stop now, there would be a domino effect. He said approving the amendments wouldn’t be supportive of farming and, if this doesn’t stop, there won’t be anything to buy local.

Coun. Jim Taylor said he was impressed with the young farmers who spoke at the public hearing on Thursday night, Aug. 2 and he felt their sincerity. If council did support the amendments, he didn’t see how they could say no to others in the future.

Taylor said you could easily find 250 acres with a better view and better drainage up the hill, not far away from the golf course.

“What is the urgency of getting to the golf course so quickly?” he said.

Coun. Chris Parker said he doesn’t believe supporting the amendments would be precedent setting because council weighs the pros and cons of each application individually. He said it’s a tough issue and he sees both sides.

Meanwhile, Coun. Janet Newton said she would be supporting a proposal for agricultural land rezoning in her community when the matter comes before council.

“If passing this sets a precedent then I’m worried what turning it down does,” Newton said. “I won’t be supporting this tonight but I’m not saying I will never support an agricultural land rezoning.”