HomeMy WebLinkAboutPSD-034-08
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Monday, March 31, 2008 ((,eso\\A~on *<sPA ,d,d-g-o'15"
Meeting:
Report #: PSD-034-08
File No.: ZBA 2007-0051
By-law#:~Oog-051
Subject:
PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE THE
SEVERANCE OF A SURPLUS FARM DWELLING
APPLICANT: ARNOLD GEISBERGER
RECOMMENDATIONS:
. It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-034-08 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the rezoning
application submitted by Arnold Geisberger be APPROVED and that the proposed
Zoning By-law contained in Attachment 2 to this Report be PASSED; and
3. THAT the applicant, Region of Durham, Municipal Properties Assessment Corporation,
all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
David . rom, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: G ~~
Franklin Wu,
Chief Administrative Officer
TW/CP/DJC/df
25 March 2008
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-034-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Arnold Geisberger
1.2 Proposal: The applicant proposes an amendment to Zoning By-law 84-63 to restrict
residential uses on vacant agricultural retained lands. This will facilitate
the severance of a surplus farm dwelling as a result of the acquisition of a
non-abutting farm property.
1.3 Site Area: 154 hectares.
1.4 Location: Part Lots 33, 34 & 35, Concession 6, former Township of Darlington, 6342
and 6493 Leask Road, Clarington.
2.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
2.1 The lands subject to the application are comprised of the Ryeland Farms "home farm",
located on the east side of Leask Road north of Concession 6 and the recently acquired
farm parcel directly to the west. The proposed surplus farm dwelling is located in the
south-west corner of the "home farm". The lands are used for grain production, grain
drying and until recently for dairy farming.
2.2 The surrounding uses are as follows:
North - Agricultural
South - Agricultural, Rural Residential
East - Agricultural
West - Agricultural, Rural Residential
3.0 BACKGROUND
3.1 On December 10, 2007, Arnold Geisberger submitted an application to amend Zoning
By-law 84-63 to facilitate the severance of a dwelling deemed surplus as a result of the
acquisition of a non-abutting farm property. The application responded to the approval
of the related Clarington Official Plan amendment application COPA 2007-0008
approved by Council on November 12, 2007. The approval of the amendment required
the applicant to rezone the subject lands as a condition of land division to prohibit
residential uses on the retained parcel and recently acquired farm parcel.
3.2 The applicant received approval to amend the Region of Durham Official Plan on
December 12, 2007. This amendment was also required to permit the Land Division
application for the surplus farm dwelling.
REPORT NO.: PSD-034-08
PAGE 3
3.3 The Land Division application was heard at the Land Division Committee meeting on
February 19, 2008. Staff recommended approval of the application subject to
successfully obtaining a Zoning By-law amendment for the vacant retained parcels to
ensure new dwellings are prohibited.
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
Lot creation in prime agricultural areas is permitted for the purpose of severing a
residence surplus to a farming operation as a result of farm consolidation. The local
planning authority must ensure that new residential dwellings are prohibited on any
vacant remnant parcel of farmland created by the severance. The proposed zoning by-
law amendment would ensure the proposed severance is in conformity with the
Provincial Policy Statement.
4.2 Greenbelt Plan
Within prime agricultural areas, lot creation is permitted for the severance of a residence
surplus to a farming operation as a result of a farm consolidation, where the residence
was an existing use as of the February 28, 2005. The local planning authority shall
ensure that a residential dwelling is not permitted in perpetuity on the retained lot of
farmland created by this severance. The application would appear to conform.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reaion Official Plan
The Durham Region Official Plan designates the property as "Prime Agricultural Areas".
This designation permits the severance of a surplus dwelling, provided the following
criteria are met:
. 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 amendment to the Durham Region Official Plan has been considered and approved.
5.2 C/arinaton Official Plan
Within the Clarington Official Plan the subject lands are designated "Prime Agricultural
Area", "Environmental Protection Area", and "Green Space" for the future Highway 407
proposed route. The Prime Agricultural designation permits the severance of a surplus
REPORT NO.: PSD-034-08
PAGE 4
dwelling as a result of the consolidation of non-abutting farms bv amendment to the
Clarington Official Plan subject to conditions.
An amendment to the Clarington Official Plan has been considered and approved. Said
amendment requires a rezoning of the lands to prohibit future residential uses.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-Law 84-63, as amended, of the former Town of
Newcastle, the subject lands are located within the "Agricultural Exception (A-1) Zone"
and "Environmental Protection (EP) Zone". 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 proposed lot is required to be a minimum of 4000 m2
in area and have a minimum of 30 metres of frontage. The lot appears to comply with
these regulations.
6.2 In order to fulfill the requirements of the Provincial Policy Statement, Greenbelt Plan, the
Durham Region Official Plan and the Clarington Official Plan for the severance of a
surplus farm dwelling, the applicant must rezone the subject lands to prohibit residential
uses on the retained and recently acquired farm parcels.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property. As of the writing of
this report, no comments or concerns from neighbouring land owners has been
received.
8.0 AGENCY COMMENTS
8.1 The Region of Durham indicated that the lands are designated "Permanent Agricultural
Reserve" in the 1993 Durham Regional Official Plan. The Region's updated Official
Plan, as adopted by Regional Council on September 13, 2006, and approved by the
Ontario Municipal Board on January 3, 2008, designates the subject lands as "Prime
Agricultural Area".
Severance of a surplus dwelling from the consolidation of a non-abutting farm may be
permitted by amendment to the Regional Official Plan. On December 12, 2008,
Regional Council Adopted Amendment No. 122 to the Durham Regional Official Plan to
permit the severance of the surplus dwelling.
Policy 9A.2.1 0 of the updated Regional Official Plan indicates that the farm parcel to be
acquired by the severance of a surplus farm dwelling be zoned to prohibit any further
severances and the establishment of any residential dwelling. The proposed zoning
amendment is appropriate and permitted by the policies of the Regional Official Plan.
REPORT NO.: PSD-034-08
PAGE 5
The subject lands are within the Agricultural System of the Protected Countryside in the
Greenbelt Plan. Section 4.6.3 of the Plan and section 2.3.4.1 of the Provincial Policy
Statement permit the severance of a residence surplus to a farming operation as a
result of farm consolidation provided the retained lands are rezoned to prohibit the
development of any future residential uses.
Municipal water supply and sanitary sewers are not available to the subject lands nor
does the Region have any plans to extend said service to this area.
As the nature of the application is to prohibit future residential uses, the Health
Department have no objections to its approval.
9.0 STAFF COMMENTS
9.1 The severed parcel will meet the minimum requirement of 30 metres for lot frontage on
an open, maintained public road with approximately 115 metres of frontage on Leask
Road.
9.2 The retained parcels will be approximately 119 ha in area on the east side of Leask
Road and 35 ha on the west side of Leask Road. The retained parcels have adequate
frontage on Leask Road, Concession Road 7, or Concession Road 6.
9.3 The proposed lot is 0.88 ha in area; this is larger than the 0.6 ha maximum stated in the
Official Plan. However, given the location of the existing well, the existing septic, and
the layout of the buildings, structures and mature trees on the property, the proposed
property line is in keeping with the physical layout of the property. No currently farmed
land or barns will be included on the severed parcel. Staff accepts the proposed lot as
generally being consistent with the 0.6 ha recommended in the Official Plan. The Plan
provides for the interpretation of numeric figures as being approximate and allows for
minor variations.
9.4 A new route for Highway 407 was released in June 2007. Although this proposed route
transects the applicants holdings, it is located a considerable distance to the north of the
proposed severed lands.
9.5 A site inspection indicated an asphalt tennis court (currently a hockey rink) will straddle
the proposed north property line of the severed lot. This tennis court will need to be
removed in its entirety prior to the finalization of the land division.
9.6 The approval of the Clarington Official Plan Amendment application required the
applicant to agree to restrict access to the retained vacant agricultural parcels for
agricultural uses only; and to rezone the vacant retained lands to prohibit new
residential uses. A 0.3 m reserve will be required to be dedicated to the Municipality to
restrict access to the retained vacant lands through the approval of the related Land
Division application.
REPORT NO.: PSD-034-08
PAGE 6
10.0 CONCLUSIONS
10.1 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law
regulations, and the public. In consideration of the comments contained in this report,
Staff respectfully recommends that the proposed Zoning By-law amendment contained
in Attachment 2 be passed by Council. Since the severance of the lot was previously
considered through applications to amend the Durham and Clarington Official Plans, it
is recommended that the Zoning By-law Amendment be APPROVED at this time.
Attachments:
Attachment 1 - Location Map
Attachment 2 - Proposed By-law Amendment
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Attachment 1
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Attachment 2
To Report PSD-034-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of 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 oUhe Municipality of
Clarington for ZBA 2007-0051;
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 (A) ZONE" is hereby
amended by adding thereto the following new Special Exception 6.4.81 as
follows:
"SECTION 6.4.81 AGRICULTURAL EXCEPTION (A-81) ZONE
No1withstanding Section 6.1, the lands zoned A-81 on the Schedules to this By-
law may only be used for the Non-Residential Uses set out in Section 6.4.1 b)."
2. Schedule "A" attached hereto shall form part of this By-law.
3. 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
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2008-
passed this day of ,2008 A.D.
II
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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~ Zoning Change To Remain "A-1"
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Zoning Change To Remain "EP"
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