HomeMy WebLinkAboutPSD-097-06
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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