The URL can be used to link to this page

Home My WebLink AboutPSD-070-18 Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD-070-18 Resolution: File Numbers: ZBA2015-0015 By-law Number: Report Subject: The Local Planning Appeal Tribunal (LPAT) Decision on the Appeal by Deborah & Oswin Mathias regarding meat processing accessory to a farm Recommendations: 1. That Report PSD-070-18 be received for information; 2. That Council enact the Zoning By-law Amendment contained in Attachment 3 of this Report in accordance with the Order of the Local Planning Appeal Tribunal to establish additional regulations and remove the holding symbol for the meat processing use accessory to a farm; 3. That a copy of this report and the amending by-law be forwarded to the Local Planning Appeal Tribunal, the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC); and 4. That all interested parties listed in Report PSD-070-18 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-070-18 Page 2 Report Overview The Local Planning Appeal Tribunal (LPAT) approved the appeal of Deborah and Oswin Mathias in part specifically with regard to the meat processing use and ordered that Clarington modify Zoning By-law 2017-009 to incorporate regulations to cap the amount of floorspace permitted for meat processing, restrict meat processing to meat raised on the farm and to delete the Holding (H) symbol. 1. Background 1.1 On January 16, 2017, Council adopted Zoning By-law 2017-009 (Resolution #C-006-17) which permitted meat processing on an existing farm at 3582 Morgans Road (Attachment 1). The applicants, Deborah and Oswin Mathias, subsequently appealed Zoning By-law 2017-009 due to the Municipality’s refusal to also permit a special event venue as an on- farm diversified use. 1.2 The LPAT hearing was held between April 23 and 27, 2018. A number of area residents participated in the hearing. 2. Decision 2.1 On July 25, 2018 the Local Planning Appeal Tribunal (LPAT) issued its decision on the Mathias appeals. The portion of the decision addressing the event venue is addressed in Report PSD-069-18. 2.2 The zoning by-law amendment for the meat processing use was approved subject to modifications to better regulate the meat processing use on the property. The LPAT ordered the Municipality of Clarington to modify By-law 2017-009 in three parts, as follows: the addition of a regulation which caps the floor space devoted to meat processing accessory to a farm at 61 square metres; the addition of a regulation that restricts the meat processing use to meat raised on the farm; and the deletion of the Holding “H” symbol. The Order specifies that the modified By-law 2017-009 will have an effective date coincident with the date of issuance of the Order (July 25, 2018). The Order is contained on page 29 of the Decision (Attachment 2). 2.3 Council is required to adopt the attached Zoning By-law Amendment (Attachment 3) to implement the Tribunal’s Order. It should be noted that under Section 34(18) of the Planning Act, a By-law passed pursuant to an order of the LPAT is exempt from the typical notice and appeal requirements. Municipality of Clarington Report PSD-070-18 Page 3 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 4 Conclusion Council is required to adopt the attached Zoning By-law amendment to implement the LPAT decision on the meat processing use accessory to a farm at 3582 Morgans Road. 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Andrew Allison, B.Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: David Addington, Planner, Special Projects Branch, 905-623-3379 ext. 2407 or daddington@clarington.net Attachments: Attachment 1 – Zoning By-law Amendment 2017-009 for the On-Farm Diversified Use at 3582 Morgan’s Road Attachment 2 – LPAT Order (Case Number: PL170178) Attachment 3 – Proposed by-law to modify Zoning By-law Amendment 2017-009 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. DC/jp I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2015\ZBA2015-0015 3582 Morgans Road\Staff Reports\Report PSD-070-18.Docx Corporation of the Municipality of Clarington By-law Number 2017-009 being a By-law to amend By-law 84-63, the Co mprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2015-0015; and Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2.Section 6.4 "SPECIAL EXCEPTIONS-AGRICULTURAL ZONE (A) ZONE" is hereby further amended by adding thereto the following new Special Exception: "SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-91) ZONE a.Notwithstanding Sections 6.1, those lands zoned "A-91" on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for: i)meat processing accessory to a farm but not including an abattoir 3.Schedule '2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "H olding -Agricultural Exception ((H) A-91) Zone". 4.Schedule 'A' attached hereto shall form part of this By-law. 5.This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this 161h day of January, 2017. 29 municipal by-laws which deal with such issues as noise, licensing, hours of operation, etc. [96] The Parties each submitted previous decisions on cases in support of their positions. While each case before the Tribunal is evaluated on its own merits, the Tribunal reviewed the submitted cases in advance of reaching its Decision on this case. ORDER [97]The Tribunal orders as follows; A.the appeal of the refusal of the OPA is dismissed; B.the zoning appeal is granted in part and ZBL 2017-009 is appro�ed subject to a three-part modification: the addition of a regulation which caps the floor space devoted to meat processing accessory to a farm at 61 sq m, the addition of a regulation that restricts the meat processing use to meat raised on the farm, and the deletion of the Holding "H" symbol; Clarington is to modify, in a timely manner, ZBL 2017-009 in accordance with this Order and the modified ZBL 2017-009 will have an effective date coincident with the date of issuance of this Order; and C.This Member may be spoken to should any matters arise respecting the implementation of this Order. "Thomas Hodgins" THOMAS HODGINS MEMBER PL170178 Attachment 3 to Report PSD-070-18 The Corporation of the Municipality of Clarington By-law Number 2018-_____ being a By-law to amend By-law 2017-009 in accordance with the Order of the Local Planning Appeal Tribunal dated July 25, 2018 WHEREAS the Local Planning Appeal Tribunal has directed the Corporation of the Municipality of Clarington to amend By-law 2017-009 in accordance with the Order dated July 25, 2018 for PLN 40; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 of By-law 2017-009 is repealed and replaced by the following: “Section 6.4 “SPECIAL EXCEPTIONS – AGRICULTURAL ZONE (A) ZONE” is hereby further amended by adding thereto the following new Special Exception: “SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-91) ZONE a. Notwithstanding Sections 6.1, those lands zoned “A-91” on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for meat processing accessory to a farm but not including an abattoir, subject to the following regulations: i. All meat to be processed has been raised on the property. ii. The floor space devoted to meat processing does not exceed 61 square metres. 2. Section 3 of By-law 2017-009 is repealed and replaced by the following: “Schedule ‘2’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-91) Zone”.” 3. Schedule ‘A’ of By-law 2017-009 is deleted and replaced with the modified Schedule ‘A’ attached. 4. Schedule ‘A’ attached hereto shall form part of this By-law. 5. This By-law shall be effective as of July 25, 2018 in accordance with the Order of the Local Planning Appeal Tribunal. By-Law passed in open session this day of September, 2018. ____________________________ Adrian Foster, Mayor _____________________________ C. Anne Greentree, Municipal Clerk i:\^department\ldo new filing system\application files\zba-zoning\2015\zba2015-0015 3582 morgans road\staff reports\report psd-070-18\attachment 3 to report psd-070-18 by- law.docx