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Home My WebLink AboutPD-13-99 ~'O-' A " r ~ DN: PD-13-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON " REPORT Report #: PD-13-99 FILE #: COPA 98-005 and ROPA98-008 File # \):)9' .CoPA ' qf:.<::XJ5 Res. #6PtI- SI.o-CjC] By-law # 99-,;;J,Ll Meeti ng: General Purpose and Administration Committee Date: Monday, February 1, 1999 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT - SAM CUREATZ ON BEHALF OF WALTER AND JAMES HALE PART LOT 18, CONCESSION 4, FORMER TOWNSHIP OF CLARKE FILE: COPA 98-005 AND ROPA 98-008 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-13-99 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality recommends the approval of the Regional Official Plan Amendment application (ROPA 98-008), as submitted by Sam Cureatz on behalf of Walter and James Hale, to permit the severance of a dwelling surplus to a farm operation; 3. THAT the application to amend the Clarington Official Plan submitted by Sam Cureatz on behalf of Walter and James Hale be APPROVED as provided for in Amendment No. 14 to the Clarington Official Plan, as detailed in Attachment #3 to this Report; 4. THAT the necessary By-law to adopt Amendment No. 14 to the Clarington Official Plan, be passed and that it be forwarded to the Regional Municipality of Durham for approval; and 5. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant and Owner: Walter and James Hale 1.2 Regional Official Plan Amendment: Permanent Agricultural Reserve to a designation appropriate to permit 618 , " REPORT NO.: PD-13.99 PAGE 2 the severance of a dwelling surplus to a farm operation. 1.3 Clarington Official Plan Amendment: Prime Agricultural Area to a designation appropriate to permit the severance of a dwelling surplus to a farm operation. 1 .4 Area: 0.79 ha (1.95 ac) portion of a 78 ha (193 ac) parcel 2. LOCATION 2.1 The subject lands are located in Part of lot 18, Concession 4, former Township of Clarke. The property has the following municipal address: 4301 Walsh Road. The lands are situated on the east side of Walsh Road, north of Concession Road 4. The applicant also owns lands on the west side of Walsh Road. 3. BACKGROUND 3.1 On August 7, 1998 the Municipality of Clarington Planning Department received an application to amend the Clarington Official Plan. The application was incomplete when originally submitted. When all the information was provided, the application was then circulated to various agencies for their comment on September 3, 1998. 3.2 The General Purpose and Administration Committee held a Public Meeting on November 2, 1998 to address the application to amend the Clarington Official Plan. No persons spoke in opposition to this application at this meeting. 3.3 In addition, an application to amend the Region of Durham Official Plan (ROPA 98- 008) was submitted on August 10, 1998. The Durham Region Planning Committee held a Public Meeting on October 13,1998. 619 ~ y REPORT NO.: PD-13-99 PAGE 3 4. 4.1 5. 5.1 6. 6.1 6.2 EXISTING AND SURROUNDING USES Existing Use: Surrounding Uses: A farm residence surrounded by agricultural activities. North - agricultural activities South - agricultural activities East agricultural activities and forested area West - agricultural activities PROVINCIAL POLICY STATEMENT The Provincial Policy Statement specifies that a residence deemed to be surplus to a farming operation may be severed from the property and a new residential lot may be created. The Policy Statement defines a "Residence Surplus to a Farming Operation" as "one or two or more existing farm residences built prior to 1978 and surplus to the farm, or an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." OFFICIAL PLAN POLICIES Regional Official Plan The Durham Region Official Plan designates the subject lands "Permanent Agricultural Reserve". Lands so designated shall be used primarily for agricultural purposes. The severance of a surplus dwelling is permitted if it is the result of consolidation of abutting farm parcels into one parcel. However, an amendment to the Plan is required if the surplus dwelling occurs through the acquisition of a non- abutting farm parcel. As such, the applicant has submitted an Official Plan Amendment application to Durham Region (OPA 98-008). Clarington Official Plan The subject lands are designated "Prime Agricultural Area" in the Clarington Official Plan. lands so designated shall be predominantly used for farm purposes. An 620 ~ " REPORT NO.: PD-13-99 PAGE 4 amendment to the Clarington Official Plan may be permitted if a farmer wishes to sever a dwelling rendered surplus due to the acquisition of a non-abutting farm provided: a) a reti rement or intra-fami Iy lot has not been severed since January 1, 1974; b) the farm to be acquired is a minimum of 40 hectares; c) the dwelling to be severed is not required for farm employees; d) the surplus dwelling lot is generally less than 0.6 hectares; and e) it is registered on title that once a surpl us dwell ing lot is severed, no further severance is permitted from the parcel for retirement purposes. 7. ZONING BY-LAW 7.1 The subject lands are zoned HAgricultural Exception (A_1)H. Farm and farm-related are the predominant permitted uses. Non-farm residential uses are permitted on lots which are created in accordance with the Durham Region Official Plan. 7.2 The applicant is proposing to reduce the minimum lot frontage from 30 metres to 9 metres. This reduction will require either a minor variance or a zoning by-law amendment to bring the lot into conformity with the Zoning By-law. 8. PUBLIC PARTICIPATION 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and a Public Notice sign was installed on the lands. 8.2 At the time of writing this report, no comments have been received from the public either in support or in opposition to this application. 621 ~ REPORT NO.: PD-13-99 PAGE 5 9. AGENCY COMMENTS 9.1 Staff circulated the application and the following agencies had no objection to the application: . Clarington Public Works Department . Clarington Fire Department 9.2 The Ganaraska Region Conservation Authority had no objection to the application. They noted that a small watercourse is located on portions of the retained parcel. Any changes in use or vegetation removal near the watercourse should be checked with the Conservation Authority. 9.3 The Durham Region Health Department are satisfied that the septic system and satisfactory replacement area is available within the limits of the lot to be severed. In addition, the Health Department has verified that the proposed severed lot may use the existing dug well for well water. The Health Department requires the following to be satisfied: · An easement is registered on title permitting the continued use of, access to, and maintenance of the existing dug well located on the retained property; and · That the following warning clause be registered on title..."This property is serviced by an existing off-site dug well located north-east of the farmhouse. A servicing easement is in place to permit the continued use of access to and maintenance of this well". 10. STAFF COMMENTS 10.1 The subject house is located on 78 ha (193 acres) of farm land. The applicants have another farm holding on the west side of Walsh Road. A previous severance 6L2 v REPORT NO.: PO.13.99 PAGE 6 (Application LD 193/96) was approved by the Land Division Committee on June 24, 1997 to allow the creation of a lot in Part of Lot 19, Concession 4, former Township of Clarke on behalf of the Hales. The lot having an existing farmhouse was created through the melding of two farm parcels (see Attachment #1). 10.2 The applicants have in the past, attempted to create an intra-family lot and a retirement lot on the subject lands (LD 071/93 and LD 206/93). Both the applications were denied by the Land Division Committee as they did not satisfy the requirements of the Durham Region Official Plan. 10.2 An agricultural assessment, as required, was prepared by Dale Toombs. The Hales operate a large livestock business comprising approximately 1000 head of livestock. They own 9 parcels of land for a total of 512 hectares (Attachment #2). They also rent one 20 ha parcel. Farming is not their sole source of income as they also operate a metal recycling business and a disposal company. Regardless, the livestock operation is a very large enterprise and is viable on its own accord. The farm employs 2 people part-time and seasonal labour is required during the harvest season. The Hales purchased this property in 1992 and have rented the house since that time as it was not needed to accommodate farm employees. The agricultural assessment noted that there are no livestock facilities within 300 metres of the lot to be severed and that the Minimum Distance Separation requirements have been complied with. The consultant states that the farm operation qualifies as a bona-fide farm and that the application complies with the Provincial Policy Statement. 10.4 The applicant can satisfy all of the Clarington Official Plan requirements with the exception of the lot area (0.6 ha) for the surplus dwelling. The subject house is set quite a distance (250 m) back from the road. The applicant's original proposal was 623 ~ " REPORT NO.: PD-13-99 PAGE 7 to create a lot having a lot area of 2.65 ha (6.5 ac). They have reduced the lot size to 0.79 ha (1.95 ac) bringing the lot area closer to conformity with the Official Plan. Staff recognize that due to the distance the house is setback from the road it is very difficult to achieve a 0.6 ha lot area. Staff support flexibility of the lot area due to the siting of the residence. 10.5 By reducing the overall size of the lot, less land is taken out of agricultural production hence going further to achieving the principle of preservation of agricultural land. However, in attaining a smaller lot size, the lot frontage was reduced to 9 metres (29.5 ft.)from the required 30 metres (100 feet). This frontage is not in compliance with Clarington's Comprehensive Zoning By-law 84-63. However, Staff support this reduction as it is maintaining agricultural land in production. The applicant is aware that the lot will have to be brought into compliance with the Comprehensive Zoning By-law either through an amendment to the by-law or a minor variance. This application can be forwarded either before or concurrently with the land division application required to create the lot. 11. CONCLUSIONS 11.1 In light of the above comments detailed' in Section 10 of this report, it is Staff's opinion that this amendment will not offend the intent of the Official Plan. It is therefore recommended that the amendment, as shown in Attachment #3, be approved as Amendment No. 14 to the Clarington Official Plan, 624 . REPORT NO.: PD-13-99 Respectfully submitted, Da . J. Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development HB*DC*df 12 January 1999 Attachment #1 - Key Map Attachment #2 - Sketch of Farmed Properties Attachment #3 - Amendment as Proposed by Applicant Attachment #4 - Amendment #14 PAGE 8 Reviewed by, dt~~"'-- Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. Interested parties to be notified of Council and Committee's decision: Walter and James Hale 4340 Concession Road 4 NEWTONVILLE, Ontario LOA 1JO Sam Cureatz 104 James Street West NEWCASTLE, Ontario L1 B 1C6 Dale Toombs Agricultural and Rural Land Use Consulting 15 Walker Street LINDSAY, Ontario K9V 5Z8 6~5 ATTACHMENT '1 SUBJECT SITE PROPOSED SURPLUS DWELLING LOT OTHER LANDS OWNED BY APPLICANT . X" I . .- CLARKE KEY MAP COPA. 98-005 ROPA.98-008 bL6 Sketch of Farmed Properties " I ~ i ~ ~ ~ I h [ ~ ~ ~ ~ I ~ I 401 # Property Number H House BBam ( ,~; ~- CONa!SllIlIN IlOAD . ~ ~ ~ ~ ~ 3 ~ ~ ~ ~ I t1 I bL7 ATTACHMENT #2 CONCI!SSION 1lOAD' ~ ~ m 2 401 NOT TO SCALE ~ ~ CONCllS8fON 3 .. " ATTACHMENT '3 AMENDMENT NO. 14 TO THE ClARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the severance of a surpl us farm dwell i ng located in Part Lot 18, Concession 4, former Township of Clarke. BASIS: The Amendment is based on an application submitted by Sam Cureatz on behalf of Walter and James Hale to permit the creation of a surplus dwelling lot from a recently acquired 78.1 hectare farm parcel. The 78.1 hectare farm parcel is a component of a larger 512 hectare farm operation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1) by adding the following exception to Table 13.1 as follows: Exception TABLE 13.1 SURPLUS FARM DWELLING LOT EXCEPTIONS Assessment No. legal Description Area of Surplus Dwelling lot 3 030-030-30100-0000 (1999) Part lot 18, Cone. 4, former Township of Clarke 0.8 Area of Remainder of land 77.3 IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRET A liON: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. bL8