HomeMy WebLinkAboutPSD-133-07
ClmilJglon
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
R.ay.\~\-)(M -t? P4 -kH-f-d/
Monday, November19,2007
Date:
Report #: PSD-133-07
File #: ZBA2006-0021
By-law #:
Subject:
REPORT REGARDING APPEAL OF ZONING BY-LAW AMENDMENT
APPLICATION ZBA2006-0021
APPLICANT: JAMES TOSSWILL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-133-07 be received;
2. THAT the Municipality not participate in the Ontario Municipal Board hearing on the
appeal of Zoning By-Law 2006-152, passed in response to a privately initiated
application by James Tosswill.
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
Reviewed by: 0 ~-=-- ~
Franklin Wu,
Chief Administrative Officer
a . Crome, M.C.I.P., R.P.P.
Director of Planning Services
SA/CP/DJC/av/df
November 13, 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.133.07
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: James Tosswill and Emily Wilson
1.2 Appellant: Paul Fitze
1.3 Application: Zoninq By-law Amendment:
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.
1.4 Site Area: 2.74 ha
1.5 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 intended to have pasture/corral for grazing
horses, and did not intend to construct a barn or any other agricultural type building.
2.2 A number of questions were raised by the neighbour, Paul Fitze, at the public meeting
for the application on September 18, 2006. The questions and concerns included:
. 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.
2.3 Staff investigated each of these requirements thoroughly through consultation with the
Ministry of Agriculture, Food and Rural Affairs, the Municipal legal advisor and the
Health Department. It was concluded that:
. The Nutrient Management Act and Minimum Distance Separation requirements
are not applicable legislation as the applicant is not proposing any buildings or
structures to house the horses at this time;
. Clarington By-law 99-90, would regulate all animals and thus require a building to
be constructed to shelter the horses, is not applicable as this By-law cannot
supersede provincial legislation regarding normal farm practices; and
. The Regional Health Department has no objection to the approval of this zoning
by-law amendment.
REPORT NO.: PSD-133-07
PAGE 3
2.4 Staff also reviewed the historical uses in the area and current development. Agriculture
is a prevalent use, with the property directly across Langstaff Road to the east keeping
cattle on a 66 ha farm.
2.5 A decision was made by Clarington Council on June 25, 2007 to approve the
application. A copy of the Staff Report is contained in Attachment 2.
2.6 The neighbouring property owner, Mr. Paul Fitze appealed the decision of Council on
July 25, 2007, to the Ontario Municipal Board. A copy of the written appeal is contained
in Attachment 3.
3.0 APPEAL
3.1 The appellant has cited in his written appeal (Attachment 3) that the approval of the
rezoning application negatively affects his residential property abutting to the south.
There is no dwelling located there at this time, but it is his intention to use the property
in compliance with the zone provisions, for a rural residential dwelling. The negative
effect includes the smell of the horses and associated flies. The appeal also stated that
the notice of the recommendation report was not delivered in a timely manner and he
was unable to request to address Council.
3.2 For clarification on the appellant's concern regarding notice, the notice of the meeting
was delivered directly to the appellant's mail box prior to the General Purpose and
Administration Committee meeting, on Wednesday, June 13, 2007. The letter is the
standard municipal notice of a recommendation report that states when the report will
be at General Purpose and Administration Committee. The letter also contains
instructions for obtaining a copy of the report and how to appear as a delegation at
Committee or Council.
4.0 RECOMMENDATION
4.1 It is a policy of the Municipality of Clarington only to attend the Ontario Municipal Board
in support of a privately initiated application if the applicant agrees to pay for the
Municipality's legal fees. However, an applicant can subpoena a staff member to testify
as a witness in accordance with the Board's Rules of Procedures. It is anticipated that
the applicant will subpoena Staff to appear to testify.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Planning Services Report PSD-081-07
Attachment 3 - Letter of Appeal
Attachment 4 - Council Resolution
Interested parties to be advised of Council's decision:
Ontario Municipal Board c/o Matthew Blevins
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Attachment 1
To Report PSD-133-07
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'CI~ilJgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 18,2007
Report#: PSD-081-07
File #: ZBA 2006-0021
By-law #:
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.1.P., R.P.P.
Director of Planning Services
Reviewed by:
C)~
Franklin Wu,
Chief Administrative Officer
SNCP/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 Policy 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.
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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
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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
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To Report PSD-081-07
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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 loning 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 lBA2006-0021;
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 6.1b. 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) lone" 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.
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~ Zoning To Remain "RC-2" J
~ Zoning To Remain "Ep.
Jim Abernethy, M(]yor
Patti L Barrie, Municipal Clerk
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Attachment 3
T.o_R.epo~.PS~.-13.3-07
qgron
Attachment 4
_To Report PSD:1?3jl~
June 26, 2007
A.L. Georgiff
Durham Region Planning Services
605 Rossland Road East
P.O. Box 623
Whitby, ON L 1 N 6A3
RE: ZONING BY.LAW AMENDMENT TO REZONE FROM RURAL CLUSTER ZONE TO
AN AGRICULTURAL ZONE
APPLICANT: JAMES TOSSWILL AND EMILY WILSON
FILE: D14.ZBA2006-0021
At a meeting held on June 25, 2007, the Council of the Municipality of Clarington approved the
fol/owing resolution GPA-425-07:
"THAT Report PSD-081-07 be received;
THAT the rezoning application submitted by James Tosswill and Emily Wilson be approved;
THAT the amending By-law attached to Report PSD-081-07 be forwarded to Council for
approval;
THAT a copy of Report PSD-081-07 and the attached amending By-law to Report PSD-081-07
be forwarded to the Durham Region Planning Department; and
THAT aI/ interested parties listed in Report PSD-081-07 and any delegation be advised of
Council's decision."
Please be advised that By-law 2007-152 was approved by Council.
CAG-mea
Enc.
cc: Aames Tosswill & Emily Wilson
Paul Fitze CORPORATION OF THE MUNICIPALITY OF CLARINGTON
David Crome, Director of Planning Services
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379