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Home My WebLink AboutPSD-097-06 ~ Clw:.-!!lglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 18,2006 Report #: PSD-097 -06 File #: ZBA 2006-0021 By-law #: GPA ' 33i/Ob Subject: ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER AGRICULTURAL ZONE APPLICANT: JAMES TOSSWILL AND EMILY WILSON RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-097-06 be received; 2. THAT the application be referred back to Staff for further processing and a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D vi . Crome, M.C.I.P., RP.P. Direc or of Planning Services ReVieWedbY:O ~~ Franklin Wu, Chief Administrative Officer SA/CP/DJC/df September 12, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-097 -06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: James Tosswill and Emily Wilson 1.2 Rezoning: To rezone the subject lands from the "Rural Cluster Exception (RC- 2) Zone" to an Agricultural zone to permit the keeping of livestock. 1.3 Site Area: 2.74ha 2.0 LOCATION 2.1 The subject lands are located at 7254 Langstaff Road (Attachment 1). The property is contained within Part Lot 5, Concession 7, in the former Township of Clarke. 3.0 BACKGROUND 3.1 On July 7, 2006, the applicant/owner submitted an application to the Municipality of Clarington to rezone the subject lot at 7254 Langstaff Road to permit the keeping of horses on the property. The applicant intends to have fields for grazing horses, and at this time does not intend to construct a barn or any other agricultural building. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Currently there is a single detached dwelling located on the subject property. The property has been identified by the Ganaraska Region Conservation Authority as having some lands within the Provincially Significant Kendal Wetland Complex (PSW). The horses are currently contained in paddocks in the rear yard of the dwelling, outside the PSW. 4.2 Surrounding Uses: North: South: East: West: existing rural cluster lot - vacant existing rural cluster lot - vacant agricultural agricultural 5.0 PROVINCIAL POLICIES 5.1 Provincial Policy Statement The Provincial Policy Statement 2005 (PPS) states that prime agricultural lands are to be protected and that development and site alteration shall not be permitted in significant wetlands. REPORT NO.: PSD-097 -06 PAGE 3 5.2 Greenbelt Plan The Greenbelt Plan identifies the subject property as Protected Countryside and being Natural Heritage System. The Natural Heritage System is an area with a high concentration of Key Natural Heritage Features and Key Hydrologic Features, which include both significant woodlands and wetlands. This property contains both a significant valleyland and a provincially significant wetland. New development or site alteration is not permitted in key hydrologic features and key natural heritage features. The applicant is not proposing to impact or rezone the natural feature. This application is seeking to rezoning the property into conformity with the Regional and local Official Plans, which do not contain a Cluster designation. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Permanent Agricultural Reserve" in the Durham Region Official Plan. The Regional Official Plan does not recognize the rural cluster zoning, as the policies of this plan do not permit rural clusters within Permanent Agricultural Reserve designations. 6.2 The lands are designated "General Agricultural" in the Clarington Official Plan. A Rural Residential Cluster symbol was proposed in the Clarington Official Plan during the Oak Ridges conformity exercise (Amendment No. 34). However, the Region, as the approval authority, modified OPA 34 to delete the cluster designation prior to approval of the conformity amendment. The Official Plan recognizes a portion of the site as a Significant valleyland, and a Provincially Significant Wetland (PSW). Any development in or within 120 metres of a significant woodland or a significant natural heritage feature requires an Environmental Impact Study (EIS). As noted above, this is not "development" in the sense of buildings intensifying the property. There are existing pasture areas on the property, the existing dwelling is located between the pasture and the wetland and the pasture area appears to be fenced on all four sides, restricting access from the pasture to the wetland area. An EIS is required. The Clarington Official Plan allows Council to recognize in the Zoning By-law, legally existing uses which do not conform to the provisions of the Official Plan. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned "Rural Cluster (RC)". The applicant has requested to permit agricultural uses, specifically the keeping of horses for summer grazing. REPORT NO.: PSD-097 -06 PAGE 4 7.2 The rural cluster use on the subject property was established in 1983, by amendment to the Township of Clarke Zoning By-law, By-law 1592 (May 23, 1968). This amendment zoned the property "Agricultural Exception (A-15) which permitted one single family dwelling per lot, building and structures accessory there to, on lots a minimum of 1.94 ha in area. Two areas noted as Block 1 and Block 2 in the zoning amendment, prohibited buildings, structures, septic tanks and tile beds on those lands within Blocks 1 and 2. The current zoning by-law indicates these lands as Environmental Protection (EP), which also prohibits and buildings or structures in this area. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 8.2 One submission was received regarding this report. A neighbouring property owner is in strong objection to this application. This is a long established rural residential cluster and the neighbour does not consider the introduction of livestock advisable. Since the horses have arrived in late June of 2006 they have noticed a substantial increase in the number of flies at their dwelling. The property does not appear large enough to accommodate the seven (7) horses they have noted grazing. The fencing is inadequate as the horses have been noted in a neighbouring cash crop field. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Engineering Services, the Clarington Building Division, and the Regional Health Department. There were no objections. 9.2 Comments have also been received from Ganaraska Region Conservation Authority. Their review of the application noted the following - that a portion property is located within a Provincially Significant Wetland (PSW), the Kendal Wetland Complex and a portion of the property is within a Regional Storm flood plain. 9.3 Comments are outstanding from the Regional Planning Department. 10.0 STAFF COMMENTS 10.1 The current owner, Mr. Tosswill, purchased the property in 1999. At that time the property was vacant. A building permit was obtained for a dwelling with an attached garage, and the building was constructed later that same year. The ortho photo below indicates the location of the dwelling and it's proximity to the creek, as well as the limits of the Environmental Protection Area designation. REPORT NO.: PSD-097 -06 PAGE 5 2005 Ortho Photo 10.2 The subject property is subject to a right-of-way for a means of access to the farm property located to the west of the subject lot, at 7222 Langstaff Road. The laneway is evident located along the south property line in the photo above. 10.3 The applicant has indicated that at this time there is no intention to construct any farm buildings to house the horses. His intent through the rezoning application is to permit the horses to graze on the property. 10.4 A site inspection of the property noted that the pasture/corral area in which seven (7) horses are contained is enclosed with an electrical fence. The area appeared to be cordoned into two (2) distinct areas with horses in each. At this time the ground was bare and dusty, with a weedy area near the right-of-way at the south property line. 11.0 RECOMMENDATION 11.1 It is recommended that the application be referred back to staff for further processing. REPORT NO.: PSD-097 -06 PAGE 6 Attachments: Attachment 1 - Key Map Interested parties to be notified of Council and Committee's decision: James Tosswill & Emily Wilson Paul Freddy Fitze REPORT NO.: PSD-097 -06 INTERESTED PARTIES LIST James Tosswill and Emily Wilson Paul Freddy Fitze 7254 Langstaff Road Kendal, ON LOA 1 EO 7222 Langstaff Road Kendal, ON LOA 1 EO