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HomeMy WebLinkAboutPSD-081-07 Q{}lpn REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~C<VO\U~l C)') -*flP A Jto.s, 07 Monday, June 18, 2007 Report #: PSD-081-07 File #: ZBA 2006-0021 By-law #:O\oDl- \'S;< Subject: ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER ZONE TO AN AGRICULTURAL ZONE APPLICANT: JAMES TOSSWILL AND EMILY WILSON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-081-07 be received; 2. THAT the rezoning application submitted by James Tosswill and Emily Wilson be APPROVED; 3. THAT the amending By-law attached be forwarded to Council for APPROVAL; 4. THAT a copy of Report PSD-081-07 and the attached amending By-law be forwarded to the Durham Region Planning Department; and, 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D id . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: o~~ Franklin Wu, Chief Administrative Officer SAlCP/DJC/df/jd June 12, 2007 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-081-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: James Tosswill and Emily Wilson 1.2 Proposal: To rezone the subject lands from the "Rural Cluster Exception (RC- 2) Zone" and "Environmental Protection (EP) Zone" to an Agricultural zone to permit the keeping of livestock. 1.3 Site Area: 2.74 ha 1.4 Location: 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. 2.0 BACKGROUND 2.1 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 pasture/corral for grazing horses, and at this time does not intend to construct a barn or any other agricultural type building. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 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. 3.2 Surrounding Uses: North: South: East: West: existing rural cluster lot - vacant existing rural cluster lot - vacant agricultural agricultural 4.0 PROVINCIAL POLICIES 4.1 Provincial Policv 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-081-07 Page 3 4.2 Greenbelt Plan The Greenbelt Plan identifies the subject property as being within the Greenbelt area and within a 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. However, the applicant is not proposing any new built form. There is an existing pasture area on the property, and the applicant is not proposing any site alteration. Also, this application is seeking to rezone the property into conformity with the Regional and local Official Plans, which do not contain a Cluster designation. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The lands are designated "Prime Agricultural Areas" in the Durham Regional 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 Prime Agricultural Area designations. 5.2 Clarinqton Official Plan The lands are designated "General Agricultural" and "Environmental Protection Area" 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 that has been identified by the Province 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. 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Rural Cluster Exception (RC-2) Zone" and "Environmental Protection (EP) Zone". The applicant has requested to permit agricultural uses, specifically the keeping of horses for summer grazing. REPORT NO.: PSD-081-07 Page 4 6.2 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 Block 1 and 2. The current zoning by-law indicates these lands as Environmental Protection (EP), which also prohibits buildings or structures in this area. 7.0 PUBLIC SUBMISSION 7.1 A Public Meeting was held on September 18, 2006. One objection was received from Mr. Fitze, the adjoining property owner to the west. The concern is that 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. The neighbour also mentioned concerns regarding their well water and potential contamination. The neighbour's concerns are addressed in Section 9.4. 8.0 AGENCY COMMENTS 8.1 The Ganaraska Region Conservation Authority in their review of the application noted that a portion of the 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 (see map next page). REPORT NO.: PSD-081-07 Page 5 ~ \ \, (GRCA) 8.2 Comments from the Regional Planning Department offer no objection to this application. It was at their instigation that the Cluster symbol was removed from this area, returning the lands to an agricultural land use designation. The Region suggests that fencing be used to keep the animals from the wetland/creek area of the property. 8.3 The Regional Health Department has no objection to the keeping of horses on this property. 8.4 All other agencies/departments circulated had no objection to this application. 9.0 STAFF COMMENTS 9.1 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 following ortho photo indicates the location of the dwelling and it's proximity to the creek. REPORT NO.: PSD-081-07 Page 6 ZBA 2006-0021 2005 Ortho Photo 9.2 The subject property is subject to a right-of-way for a means of access to the Fitze farm property located to the west of the subject lot, at 7222 Langstaff Road. The lane way is evident located along the south property line in the photo above. 9.3 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. A site inspection of the property noted that the pasture/corral area in which seven horses are contained is enclosed with an electrical fence. The area appeared to be cordoned into two distinct areas with horses in each. 9.4 Concerns were raised both in writing and at the public meeting by an abutting property owner. These concerns included: the Nutrient Management Act requirements, Minimum Distance Separation requirements, Clarington's By-law 99-90 (a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington) requirements and Health Department requirements. i) The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) staff have indicated that the Nutrient Management system is not applicable as the applicant is not proposing any buildings or structures to house the horses at this time. ii) Minimum Distance Separation (MDS) Formulae are used to calculate the minimum required separation between a building housing livestock or a manure storage area and a residence on a neighbouring property. These policies are only applicable to a building or structure, not to a fenced in pasture area. As noted REPORT NO.: PSD-081-07 Page 7 noted above, the applicant is not proposing any buildings or structures to house the horses, thus MDS is not applicable. iii) Clarington's By-law 99-90 is a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington. The definition of "ANIMAL" within By-law 99-90 states, "that animal shall include all mammals, and in Section 12.2 that "where an animal is customarily kept out-of- doors, the owner shall at all times provide for the use of the animal a structurally sound, weatherproof, insulated enclosure with off-the-ground flooring." However, the Farming and Food Production Protection Act, 1998 states in Section 6(1) that "no municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation." Staff sought legal opinion on this statement and were advised that our by-law (By-law 99-90) cannot supersede provincial legislation regarding normal farm practices. iv) The Ministry of Agriculture, Food and Rural Affairs does not regulate housing for horses or have a minimum lot area requirement per type and number of livestock. The Ministry does recommend housing for horses for winter months, however, these horses are kept at a farm outside the Municipality of Clarington from October to May and thus shelter is not required. There are no requirements for summer shelter. 9.5 If the property owner wishes to construct a farm building to house horses a further zoning amendment would be necessary. If that were to occur, the Clarington Official Plan policies and the MDS setbacks would apply. The building permit would require a Nutrient Management Strategy to be undertaken by a qualified professional prior to issuance of the building permit. Manure storage would be a key component of the analysis for MDS and Nutrient Management. 9.6 A complaint was filed with the Ontario Society for the Prevention of Cruelty to Animals in August of 2006 regarding the horses being kept at 7254 Langstaff Road. Planning Staff were provided with a copy of the complaint and the outcome. The complaint was regarding the keeping of horses in too small and area with inadequate food, shade or water. The complaint was deemed to be false and the investigator noted the horses were very fit and that the conditions were clean and acceptable. There were no grounds for any action or OSPCA orders. 9.7 This area of Clarington, surrounding the subject property, is to a large extent used for agriculture as is evidenced in the ortho photo (2005) following. For example, there are cattle kept on a 66 ha (165 ac) farm directly east across Langstaff Road from the subject property. The change in use from rural residential to agricultural would be in keeping with the area. REPORT NO.: PSD-081-07 Page 8 9.8 Both abutting properties, north and south, are currently vacant. The introduction of a pasture for horses will not limit the development of these properties. Both properties will still be permitted a single detached dwelling and accessory uses in keeping with the zoning by-law regulations. 10.0 RECOMMENDATION 10.1 It is respectfully recommended that the zoning by-law amendment application be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment Interested parties to be notified of Council and Committee's decision: James Tosswill & Emily Wilson Paul Freddy Fitze E ..- 1.0 ...; ,.... ~ b N c" (\') o <0 ..- Z N79008'30"E 23.47m r-- I I I I I ,- I ~ E b N (\') ~ ~ cO It) ~ ~ ..- - N71050'OO"E 203.02m Existing Dwelling , - - -:=-- a.23rn \ii;:d- VVI eR" - N Ight of li\I:- 84002'30"1: ay 184.76m - - UJ ~ = bEl ~E~"- <OO)N~ Nc<>oN o . ("') ("') c<>..-,.... ~~ I E ,.... N to ..- ~ b N N (\') o <0 ..- Z h I ~ E I ~~I ,.... ..- Z"-I ~ ~I N (\') ~I Z I I I I E ("') ("') oj - - ------------- J o <( o 0:: u.. u.. <( I- en (9 z <( --I Property Llocation Map (Former Clarke Twp.) ZBA 2006-0021 ZONING BY-LAW AMENDMENT Owner: James Tsswell and Emily Watson -l o :::0 CD "0 o ::4.)> "U::: (j)Q) 00 ,::T 03 OJ CD ->':::l , - o -....J ->. Attachment 2 To Report PSD-081-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle 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 former Town of Newcastle to implement ZBA2006-0021; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL ZONE" is hereby amended by adding thereto the following new Special Exception 15.4.79 as follows: "6.4.79 AGRICULTURAL EXCEPTION (A-79) ZONE Notwithstanding Section 6.1 b. those lands zoned "A-79" on the attached Schedule to this By-law shall be subject to the following zone regulations: a) Permitted Uses: i) a farm exclusive of any buildings to house livestock 2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from "Rural Cluster Exception (RC-2) Zone" to "Agricultural Exception (A-79) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4 This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2007- passed this day of ~ 2007 A.D. , E .... 10 ori I'- w Eg ~UEl ..... (\') I'- Z ~ " o N Cl (\') . <0 .... Z ~//t1 ~ rv'v'v\ Zoning Change From "RC-2" To "A-79" Zoning To Remain "RC-2" Zoning To Remain "EP" 1 E Cl I'- <( I N I E .0 0 (\') .... 0:: 1 E ~ ~ ,(\') a> " L1.. 0 ,C'I!W N L1.. 10" N ~ 0 (\') I~~ . <0 <0 ,~~ .... C/J I" (\') Z (!) 01'- I~z Z <( I~ ...J <0 I.... IZ 1 I I I I 1 1 J Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk o <l: o 0:::: W !::: I 3: _L9!_B__-1 LOT_7 LOT 1U ......J o <l: o 0:::: o <l: o 0:::: o <l: o 0:::: " z o Vi IJl UJ <..> z o <..> :a{.1Jflllli Clarke