HomeMy WebLinkAboutPD-42-99
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To:
From:
Date:
Subject:
L-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
Mayor Diane Hamre and Members of Council
David Crome, M.C.I.P., R.P.P., Acting Director of Planning & Development
May 3,1999
REPORT PD-42-99
KRISCORP LIMITED
Mr. Worboy and Mr. Christl provided me information this morning that indicated that
the two parcels shown as Property 1 and Property 2 on Attachment NO.2 have been
legally melded. The assessment data continues to show them as two separate parcels.
Since the two parcels are legally melded, I have no objection to the removal of the 0.3
Metre (1 foot) Reserve. Accordingly, Recommendation No. 2 would now read as
follows:
"2. THAT the request to remove the 0.3 Metre (1 foot) Reserve be
APPROVED;"
;;j)Nl't[
David
*jip
". ON: P0.42 -99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeti ng:
General Purpose and Administration Committee
File #
Date:
Monday, May 3, 1999
Res.#G?A-~3 - q"'J
Report #:
PD-42-99
File #: LD 218/85
By-law #
Subject:
REQUEST FOR REMOVAL OF 0.3 METRE (1 FOOn RESERVE
APPLICANT: KRISCORP LTD.
PART LOT 9, B. F. CONCESSION, FORMER TOWNSHIP OF CLARKE
FILE NO.: LD 218/85
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-42-99 be received;
2. THAT the request to remove the Q..3 metre (1 foot) reserve be denied;
3. THAT a copy of Council's decision be forwarded to Joseph B. Christl Sr.
1. BACKGROUND
1.1 On March 8, 1999 Council considered correspondence submitted by Joseph Christl
Sr. requesting that the 0.3 m (1 foot) reserve surrounding his 97 acre (39.4 ha) farm
parcel be lifted. He stated that the reserve devalues his farmland and restricts the
potential for improvement (Attachment 1). Council requested the Planning
Department to review this request and report back to Committee and Council.
1.2 Mr. Christl owns a number of parcels in Clarke Township under the company name
of Kriscorp Ltd. They are as follows:
. A 97.37 acre (39.4 ha) farm parcel most recently used for growing corn, located
in Lot 9, Broken Front Concession (Property 1 on Attachment 2);
. A 104.42 acre (42.3 ha) farm parcel most recently used for growing corn,
located in Lot 10, Broken Front Concession (Property 2 on Attachment 2);
. A 1.02 acre (0.4 ha) rural residential parcel, 4295 Concession Road, located in
Lot 13, Broken Front Concession (Property 7 on Attachment 3); and
622
REPORT PD-42-99
PAGE 2
. A 117.04 acre (47.4 ha) farm parcel most recently used for agricultural crops,
located in lots 21 and 22, Broken Front Concession (Property 8 on Attachment
3).
1.3 Mr. Christl also own a few parcels in Darlington Township
2. HISTORY
2.1 In 1985, Joseph Christl applied to the land Division Committee (lD 218/85) to
remove the existing house and barn stating that it was surplus to the farm operation,
from the farm parcel located in lot 9. A non-farm rural residential lot (Property 3 on
Attachment 2) was granted by the land Division Committee. A condition of
approval was that a 0.3 metre (1 foot) reserve be placed on the retained parcel save
and except 10 metres along each road frontage and that this reserve be dedicated to
the Municipality. The 10 m "gaps" ensure that the parcel does not become land
locked, and allows for the continuation of a farm operation in compliance with
Zoning By-law. This reserve was placed along the farm parcel's Newtonville Road
and Concession Road 1 frontages and deeded to the Municipality.
2.2 Staff did not support the creation of Property 3 on Attachment 2. Staff forwarded a
report to Council recommending that the Municipality appeal the decision of the
land Division Committee to the Ontario Municipal Board. However, Council did
not support Staff's position and requested that the appeal be withdrawn. The deeds
for the consent were stamped and the lot was subsequently created.
2.3 Mr. Christl also applied to the land Division Committee to remove the dwelling and
barns (lD 520/88) from the farm parcel identified as Property 2 on Attachment 2.
They claimed that the house and barns were surplus to the farm operation. In the
Municipality's cornments for lD 520/88 (Property 5 on Attachment 2) Staff
recommended that the barn be removed from the parcel to be severed and that the
two adjoining farm parcels be melded. The land Division Committee approved the
623
>
REPORT PD-42-99
PAGE 3
application without incorporating the Municipality's conditions of approval.
Municipal Staff forwarded a report to Council recommending that the decision of
the Land Division Committee be appealed as the new lot did not comply with the
Zoning By-law. Council did not approve Staff's recommendations, passing the
following resolution:
"Report PD-195-88 be tabled until Staff has contacted the applicant in an attempt to
resolve the differences"
The Land Division Application was not referred to the Ontario Municipal Board and
the deed for the consent was stamped and the lot was created. The Christl's
subsequently submitted a zoning by-law amendment application to permit the barn
to remain on the rural residential lot (DEV 89-006).
2.4 Two retirement lots (Properties 4 and 6 on Attachment 2) have been severed from
each farm parcel prior to Mr. Christl owning the land.
3. STAFF COMMENTS
3.1 The 0.3 m reserve was a requirement of LD 218/85 and was dedicated to the
Municipality in order to satisfy conditions of Land Division approval. The
dedication of the 0.3 m reserve reduces the lot frontage to 10 m and in essence
prohibits the approval of a building permit for a residential dwelling as the property
has inadequate frontage to satisfy the requirements of the Zoning By-law. The
Zoning By-law requires a minimum lot frontage of 30 m for a residential use.
3.2 Mr. Christl's letter was vague as to why he would like the 0.3 m reserve lifted from
the subject lands. He states that the reserve should be lifted as it devalues his
farmland and restricts the potential for improvement. In Staff's opinion, the 0.3 m
reserve has no bearing on the value of the property for agricultural purposes. The
property has frontage on both Concession Road 1 and Newtonville Road and farm
access to the property is not restricted. Staff can only assume that it is the Christl's
624
REPORT PD-42-99
PAGE 4
intention to have the opportunity to place a residential dwelling on the subject
lands.
3.3 The subject lot has had two previous severances
. Property 4 was severed as a farm retirement lot in 1980 by a previous owner
. Property 3 was severed by Mr. Christl in 1986 removing the original farmhouse
on the condition that a 0.3 metre reserve be established to ensure that the
subject lands would only be used for agricultural purposes.
3.4 Mr. Christl does not have the option to create a retirement lot. He created two
retirement lots from farm parcels located in Darlington Township (LD 306/89 and
LD 041/92). Staff did not support LD 041/92. The Official Plan policies specify that
only one (1) retirement lot shall be granted per farm operation. As such, Mr. Christl
will not receive the support of Clarington Staff if he wishes to create another
reti rement lot.
3.5 There are three lots currently owned by Kriscorp Ltd. (or Kristcorp Ltd. in Trust)
which are currently eligible for residential building permits.
. Property 2
. Property 7
. Property 8
42.3 ha (104 ac)
0.4 ha ( 1 ac)
47.4 ha (117 ac)
3.6 The Public Works Department offered no comment with respect to the specifics of
the request to lift the 0.3 m reserve.
3.7 The subject lands are designated Prime Agricultural Area in the Official Plan. Prime
Agricultural Areas are the best farmland in the Municipality. Another residential use
on the lands would take additional lands out of agricultural productivity. This is
contrary to the Clarington Official Plan, the Durham Region Official Plan and
Provincial Mandate which emphasizes the need to preserve agricultural land.
625
REPORT PD-42-99
PAGE 5
3.8 The use of the 0.3 metre reserve is a technique employed by the land Division
Committee to ensure that the lands would be used for agricultural purposes. Staff
do not support the lifting of the 0.3 metre reserve since it only prohibits the creation
of another residence on the subject lands. The 0.3 metre reserve does not hinder
the farm operation in any way.
Respectfully submitted,
Reviewed by,
c' f'~~~tL
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
Davi . Crome, M.C.I.P., R.P.P.
Acting Director of Planning & Development
HB*DjC*cc
Apri I 26, 1999
Attach.
Interested parties to be notified of Council and Committee's decision:
Kriscorp Ltd.
do Joseph B. Christl Sr.
1305 Trulls Road
Courtice, Ontario
L1 E 254
626
ATTACHMENT 1
KRISCORP LTD.
1305 TRULLS RD.
COURT ICE ONTARIO
LIE 2S4
FED ZZ 2 16 FH '99
February 22, 1999
;305 Trulls Rd.
Courtice, O~tario
uE2S4
Your Worship: Mayor Diane Hamre
And Members of Council
,
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Clarington
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Re: Kriscorp Ltd. Lot 9, Con. 1, Municipality of
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I would like to bring your attention to a one foot reserve which we
presently have on one of our farms 1n Clarington, Lot 9 Con. I.
This was put in place about 1986, when we were in the process of
assembling a land base in this area. We have also acquired Lot 10,
Con. 1, which now makes this parcel 201 Acres :n total: not including
four other parcels we ~wn and farm in this area.
Kriscorp Ltd. was established in 1986, and is a major taxpayer, and
also a major buyer of products from local businesses, i.e. Fertilizer-
Seeds, and Crop Protection Products, employing local people.
At harvest time, there are 5-6 Tractor Trailer loads of product leaving
our farms daily, to destinations like Hamilton, Trenton, Montreal, and
New York State. We feel we are a valuable asset to agriculture and the
Community, and we are constantly striving to produce a better product
more efficiently.
We respectfully request to have this one foot reserve removed, as presently
it devaluates our farmland and restricts potential for improvement.
Yours truly,
m'
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Joseph B. Christl Sr.
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CLARKE
Kriscorp Ltd. @
030-010-04010
97.37ac. (No Structures)
Kriscorp Ltd.
030-010-04350
104.42ac. (No Structures)
Dillon (Owner) Cristl (LD.App)
030-010-04000
978 Newtonville Rd. LD.218/85 (;;\6
Rural Residential Lot created \V
in 1986. SFD Built in 1873
Irwin (Owner) Stapleton (LD.App)
030-010-04050
4455 Concession Rd. 1 LD.321/78
Retirement Lot created in 1980
( No Structures )
ATTACHMENT 2
LOT 9
ROAD 1
LOT 8
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Reserve 3
10m Access 0
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Willis (Owner) Hooey (LD.App)
030-010-04400
983 Bellamy Rd. LD.520/88
Rural Residential Lot Created
in 1989. SFD Built in 1953
Cristl (Dev. App) to permit
a Horse Barn,
By-low passed Nov. 1989
Wood (Owner) Hooey (LD.App)
030-010-04410
4445 Concession Rd. 1
LD.025/87
Retirement Lot Created in 1988
SFD Built in 1995
628
ATTACHMENT 3
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Kriscorp Ltd. In Trust
030-020-00110
4295 Concession Rd. 1
1.02ac. (No Structures)
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Kriscorp Ltd.
030-020-02000
3842 Lakeshore Road
117.04ac. (No Structures)
629