HomeMy WebLinkAboutPSD-127-07
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Cl~jggron
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 5, 2007 ~x:kJ;cn iI(~ r[l- ~l9 - c 7
Report #: PSD-127-07 File #: COPA 2007-0008 By-law #: ~C61- ;{ I d-..
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-127-07 be received;
2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington recommends that the application to amend the Durham Regional Official
Plan (ROPA 2007-0005) as submitted by Arnold Geisberger, to permit the creation of a
new lot for an existing dwelling deemed surplus to the farm operation, be approved;
3. THAT Amendment No. 58 to the Clarington Official Plan as submitted by Arnold
Geisberger to permit the severance of a dwelling deemed surplus to the farm operation
be ADOPTED as indicated in Attachment 2 to this report and that the necessary by-law
contained in Attachment 3 be passed; and further that the amendment be forwarded to
the Regional Municipality of Durham for approval;
4. THAT the Regional Municipality of Durham Planning Department be sent a copy of
Report PSD-127-07; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
Davl . Crome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed by:
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Franklin Wu
Chief Administrative Officer
30 October 2007
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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-127-07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Arnold Geisberger
1.2 Proposal: The Applicant proposes an amendment to the Durham Regional Official
Plan and 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 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 offarm 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 to the needs of the farm operation. 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. Approval of both Official Plan Amendments (Clarington and
Durham) is pre-requisite for the submission of the Land Division application, which has
yet to occur.
2.4 The Applicant has provided an Agricultural Assessment, prepared by Toombs
Consulting, which outlines the justification for this application. The Agricultural
Assessment Report reviewed the Applicant's proposal against the requirements of the
Durham Regional Official Plan as well as all relevant Provincial Policies. Arnold
Geisberger's land base is comprised of seven (7) owned parcels plus one (1) additional
farm owned by his son (total of 360 halo In addition, the farm operation rents
approximately 2,832 hectares of farmable land, primarily in Clarington and Oshawa.
These rented lands are used for the production of corn, soybeans, wheat, canola and
hay.
REPORT NO.: PSD-127-07
PAGE 3
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.
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.
REPORT NO.: PSD-127-07
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reaional 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:
. 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 13.3.9(b) of the Plan. The size of the surplus
dwelling lot also exceeds 0.6 hectares and is therefore also contrary to Section
13.3.9(d) of the Plan. The proposal conforms to the other requirements of Section
13.3.9 of the Plan. These items are reviewed in Section 9 of this report.
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 lot. The "A-1" zone requires a minimum lot area of 4000 square metres
REPORT NO.: PSD-127-07
PAGE 5
with a minimum street frontage of 30 metres. The proposed surplus dwelling lot would
comply with the provisions of the "A-1" zone.
7.0 PUBLIC SUBMISSIONS
7.1 A public meeting was held previously on October 1, 2007, and no one spoke in
opposition to the application. At the time of writing this report, Staff has not received
any objections in regard to the proposed severance of a surplus dwelling as a result of
the Applicant acquiring a 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.
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.
Given that the Applicant collectively owns and operates a total in excess of 360
hectares of farmable land in the immediate area, as well as another 2,832 hectares of
rented farmable land, it is advised that an exemption be permitted.
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
REPORT NO.: PSD-127-07
PAGE 6
required for any of the farm's employees as Ryeland Farms currently has a total of six
farmhouses 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.
9.4 The Clarington Official Plan generally requires that the lot size of a surplus dwelling
severance be 0.6 hectares. The Applicant is proposing a 0.89 surplus dwelling lot. The
larger lot size in this situation is advisable given that the existing well and septic
services to the home have been included in this 0.89 hectare lot size and a smaller lot
size would not guarantee these services are located on the same lot as the existing
house.
9.5 The approval of this Clarington Official Plan Amendment application and the
subsequent Land Division application is based on the following conditions to be applied
through consent process:
· The owner agrees to dedicate a 0.3 metre reserve around the retained
parcel (farm) with only a 10 metre (non-residential farmland access,
one on each frontage) as a condition of land division; and
· The owner agrees to rezone the subject lands as a condition of land
division to prohibit residential uses on the retained parcel and vacant
recently acquired farm parcel.
10.0 CONCLUSION
10.1 Based on the comments contained in this report and the agency comments received,
Staff has no objection to the proposed Regional Official Plan Amendment and
recommends APPROVAL of Amendment No. 58 to the Clarington Official Plan as
contained in Attachment 2, to permit the severance of a dwelling rendered surplus to
farm operation as a result of the acquisition of a non-abutting farm parcel. In addition,
the Applicant will be required to obtain consent to sever the surplus dwelling parcel.
REPORT NO.: PSD-127-07
PAGE 7
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Amendment No. 58 to the Clarington Official Plan
Attachment 3 - By-law to Adopt Amendment No. 58 to the Clarington Official Plan
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AMENDMENT NO. 58
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to permit the potential severance
of a dwelling rendered surplus as a result of the acquisition of a
non-abutting farm property, to grant exception of the requirement
that the farm being acquired be a minimum of 40 hectares. The
property is located on Part of Lot 34, Concession 6, former
Township of Darlington, 6493 Leask Road in Clarington.
BASIS:
The amendment is based on the detailed review of an application,
with accompanying Agricultural Assessment, submitted by the
Applicant to permit the severance of a dwelling rendered surplus on
the lands known Municipally as 6493 Leask Road in Clarington.
The approval of this application is based on the following
requirements:
. The owner agrees to the dedication of a 0.3 metre reserve
around the retained and acquired parcels with only a 10 metre
(non-residential farmland access, one on each frontage); and
. The owner agrees to a rezoning which would prohibit residential
uses on the retained parcel and acquired parcel.
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended by adding a new
row with the following information on the surplus dwelling at 6493
Leask Road to Table 13-1 in Section 13.3.10.
6,
010-160-12700-0000
(2007)
Part Lot 34,
Concession 6,
former
Township of
Darlin ton
0.89
30.81
(Footnote', The severance is conditional upon the owner providing a 0.3 metre reserve along the road frontage
of the properties and rezoning the properties to prohibit residential uses. This is applicable to both parcels
1817-010-160-13300 and 1817-010-160-12700 that were considered for this amendment)
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.
INTERPRETATION:
The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan shall apply in regard to this
amendment.
Attachment 3
To Report PSD-127-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-
being a By-law to adopt Amendment No. 58 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act, R.S.O., 1990, as amended, authorizes the
Municipality of Clarin9ton to pass By-iaws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend
the Clarington Official Plan to permit the severance of a dwelling rendered surplus as a result
of the acquisition of an abutting farm on the lands located at 6493 Leask Road in Clarington;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 58 to the Clarington Official Plan, being the attached Explanatory
Text, is hereby adopted.
2. This By-law shall come into force and take effect on the date after the last day of
Appeal.
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
Palli L. Barrie, Municipal Clerk