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Home My WebLink AboutPSD-110-07 C[iJlington REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, October 1,2007 Reo",! uA-; OA.J G rA - <571 -- 0-' Date: Report #: PSD-110-07 File #: COPA 2007-0008 By-law #: ROPA 2007-0005 Subject: OFFICIAL PLAN AMENDMENT TO PERMIT THE SEVERANCE OF A DWELLING RENDERED SURPLUS AS A RESULT OF THE ACQUISITION OF A NON-ABUTTING FARM PROPERTY. APPLICANT: ARNOLD GEISBERGER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-110-07 be received; 2. THAT the application to amend the Clarington Official Plan to permit the severance of a dwelling rendered surplus as a result of the Applicant acquiring a non-abutting farm property be referred back to Staff for further processing; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director, Planning Services Reviewed by: O~ ~ ~ Franklin Wu Chief Administrative Officer 24 Sept. 2004 GF*DJC*sn 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-110-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Arnold Geisberger 1.2 Proposal: The Applicant proposes an amendment to the Clarington Official Plan that would permit the severance of a surplus dwelling as a result of the acquisition of a non-abutting farm property 1.3 Area: 0.89 hectares to be severed from 31.70 hectares 1.4 Location: Part Lots 33, 34 & 35, Concession 6, former Township of Darlington, 6493 Leask Road, Clarington. 2.0 BACKGROUND 2.1 On May 11, 2007, Arnold Geisberger submitted an application for an amendment to the Clarington Official Plan that would permit the severance of a dwelling that has been deemed surplus as a result of the acquisition of a non-abutting farm property. In 2004, the Applicant purchased a 31.70 hectare farm property which is to the south and adjacent to a larger 89.03 hectare farm property which collectively operates as the "home farm" (See Attachment 1 - Key Map). More recently, the Applicant purchased a 36.49 hectare parcel directly to the west of the "home farm," bringing the Applicant's total farm holdings in Clarington and Oshawa to approximately 360 hectares of farm land. 2.2 There is a dwelling located on the "home farm's" 31.70 hectare parcel which the Applicant has determined to be surplus as a result of the recent acquisition of the non- abutting farm property to the west of the "home farm." The Applicant would like to sever the dwelling from the 31.70 hectare property in order to sell it. 2.3 The Applicant has also submitted an application to amend the Durham Regional Official Plan. Durham Region Planning Department has informed the Municipality that this application is tentatively scheduled for a public meeting before Regional Council in November of 2007. 2.4 The Applicant has provided an Agricultural Assessment, prepared by Toombs Consulting, which outlines the justification for this application. The Agricultural Assessment Report has reviewed the Applicant's proposal against the requirements of the Durham Regional Official Plan and the Provincial Policy Statement as well as running Minimum Distance Separation calculations. It did not however explore the requirements for such severance being permitted in the Clarington Official Plan. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The proposed surplus dwelling is located in the south-west corner of the 31.70 hectare farm property. Ryeland Farms uses the "home farm" lands (parts of the 31.70 hectare parcel and 89.03 hectare parcel directly to the north) for grain production, grain drying and until recently the land was also used for dairy farming. REPORT NO.: PSD-110-07 PAGE 3 3.2 The surrounding uses are as follows: North - South - East - West - Agricultural Agricultural, Rural Residential Agricultural Agricultural, Rural Residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement permits lot creation for a residence surplus to a farming operation as a result of farm consolidation provided that the local planning authorities ensure that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. The proposed severance by the Applicant does not include an application to construct a new dwelling on the retained lands and thus the application conforms with the Provincial Policy Statement. 4.2 Greenbelt Plan The Greenbelt Plan specifically permits the severance of a dwelling rendered surplus to a farming operation as a result of a farm consolidation so long as the residence was an existing use as of the date in which the Greenbelt Plan came into force. The existing residence located on the proposed severed lot is a legally existing use today and has been since before the Greenbelt Plan came into force in 2005. In addition, the creation of new lots as permitted within the Greenbelt Plan policies must comply with the minimum distance separation formulae as developed by the Province. The Applicant addressed this requirement in the submitted Agricultural Assessment and Staff has reviewed the provided calculations and determined that the new lot would comply with provincially minimum distance separation formulae requirements. The proposed severance of a dwelling rendered surplus as a result of a farm consolidation by the Applicant is thus in conformity with both the lot creation and minimum distance separation policies of the Greenbelt Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Region Official Plan designates the property as "Prime Agricultural Areas." Specifically, the Durham Regional Official Plan as adopted by Regional Council in 2006, permits by amendment to the Plan, the severance of a dwelling rendered surplus in "Prime Agricultural Areas" subject to certain criteria. Specifically, these requirements are that: REPORT NO.: PSD-110-07 PAGE 4 · The dwelling is not needed for a farm employee; · The farm parcel to be acquired is of a size, which is viable for farming operations; · Within the Protected Countryside of the Greenbelt Plan Area, the dwelling was in existence as of December 16, 2004; and · The farm parcel to be acquired is zoned to prohibit any further severances and the establishment of any residential dwelling. An Agricultural Assessment Report was submitted by the Applicant which examined these criteria in detail. This is reviewed in Section 9 of this report. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the property as both "Prime Agricultural Area" and "Green Space." The dwelling subject to the proposed surplus severance is entirely located within the "Prime Agricultural Area" designation. Severances of dwellings rendered surplus as a result of the acquisition of a non-abutting farm may be permitted by amendment to Section 13.3.9 of the Clarington Official Plan subject to the following: a) A retirement or intra-family lot was not previously 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 is generally less than 0.6 hectares; and e) It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. The farm being acquired by the Applicant is less than the minimum required 40 hectares and is therefore contrary to Section 13.3.9b of the Plan. The size of the surplus dwelling lot also exceeds 0.6 hectares and is therefore also contrary to Section 13.3.9d of the Plan. The proposal conforms to the other requirements of Section 13.3.9 of the Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands both "Agricultural Exception (A-1)" and "Environmental Protection (EP)." The majority of the property is zoned "A-1" with the "EP" portion being located approximately 110 metres to the east of the proposed surplus dwelling severance that is being considered in this application. The provisions of the "A-1" require a minimum lot area of 4000 square metres with minimum frontage of 30 metres. There is no rezoning application required as the proposed surplus dwelling lot would comply with the provisions of the "A-1" zone. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Notice was given to the public by mail to each landowner within 120 metres of the subject property and a public notice sign was installed by the Applicant on the Leask Road and Concession Road #6 frontages for a period of one month prior to the scheduled public meeting on October 1, 2007. REPORT NO.: PSD-110-07 PAGE 5 7.2 At the time of writing this report, Staff has not received any objections in regard to the proposed severance of a dwelling rendered surplus as a result of the Applicant's acquisition of an non-abutting farm property. 8.0 AGENCY COMMENTS 8.1 The applications and supporting documentation were circulated to a number of agencies for review and comment. Clarington Engineering Services, including the Building Division, as well as Clarington By-Law Enforcement, Clarington Operations, and Clarington Emergency Services have no objections to the application. Durham Regional Health Department also reviewed the application and has no objections. 8.2 Durham Regional Planning Department has advised the Municipality that this application is not exempt from Regional approval. Any decision made on this application to amend the Clarington Official Plan must be forwarded to the Region for their approval. Further, the Applicant's request to amend the Durham Regional Official Plan is scheduled to be heard in November of 2007 following Clarington's decision on the local Official Plan amendment application. 8.3 Central Lake Ontario Conservation have no objections to the proposed amendment but do note that a watercourse traverses portions of the property to be retained, and that this area is regulated under Ontario Regulation 42/06, Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. A permit from this Authority would be required for any future development or site alterations proposed within this area. CLOC has noted however that the regulated area does not affect the property to be severed. 9.0 STAFF COMMENTS 9.1 There have been no previous severances for a retirement or intra-family lot on the property at 6493 Leask Road since January 1, 1974 and therefore Section 13.3.9(a) of the Clarington Official Plan is satisfied. 9.2 The non-abutting farm property that was acquired by the Applicant is not a minimum of 40 hectares as required in Section 13.3.9(b) and therefore an approved amendment to the Clarington Official Plan must provide relief to the Applicant from this requirement. However the Applicant collectively owns and operates a total in excess of 360 hectares of farmable land in the immediate area. 9.3 The surplus dwelling to be severed was acquired through a land acquisition in 2004 of a 31.70 hectare farm property. The applicant advises that the surplus dwelling is not required for any of the farm's employees as Ryeland Farms currently has six farmhouses total on their holdings. The farm requires four dwellings. Two houses are used and occupied by family members while another two houses are used and occupied by farm employees. REPORT NO.: PSD-110-07 PAGE 6 10.0 CONCLUSION 10.1 It is recommended that the application by Arnold Geisberger to amend the Clarington Official Plan, which would permit the severance of a dwelling rendered surplus as a result of the acquisition of a non-abutting farm property, be referred back to Staff for further processing. Attachments: Attachment 1 - Key Map ~ ci. ~ l: .s III .!: ;: '" c ~ .. E ~ o !!:. ... '" ::E l: o ;; u o .... ~ .. ... ~ ... 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