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HomeMy WebLinkAboutPSD-034-08 Clw:mglOn 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 ~ Ii ~ c S '" .5 'C .. C .. .. E .. o !:!:. 0. .. :E c o '" .. " o ... ~ .. 0. E! 0. . ;~-~~~!_------ [-.o1~,.olll~n~ - N ~~3NIl_O" - Attachment 1 To Report PSD-034-0B - ... c CD CD E' E .... 'C CD It) c ..a 0 CD (II 0 E Gi I < CI "'" 0 ~ 'C 0 "0 N ...J c c( . ... >- < lD ED i.: N l:Il CD .: c c ~ 0 0 N ~ avo~ OIVVIIE>NVl CD o W 0:: w~ >]g WO en": wC;; 1Il_ 00 I-]g enlll Oci z~ ::s o ~ r-- o W Z :5:1- OZ <c OOt)Ci 0-", z...", ~Q.o Q. . <cill a:>-~ Wm J: I- o - - eMB4s0PUB UOI6u!JBIO uaaMlas a:lUBMOIIV pBo~-pauadoun- - - - H.l~ON avo~ 3NIlNMO.l o z o () avo~ >lSV3l 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 ii " " " , Q i'i ~ J Q '" " " z :'i o CONCESSION I v/~ Zoning Change From "A-1" To "A-81" ~ Zoning Change To Remain "A-1" -...--- ".'''''.'''~'.l-i",.... ~ff~,:: Zoning Change To Remain "EP" n ii EJillI m n " " " " " I I I Darlington ~p II " " " " IL ICONCESSIO ROAD 7 I I I I I I o < o ~ 0 0 < ~ ~ c 0 ~ ~ :J " I< " w ;: ~ z ~ z z ~ < z " o " C NCESSION11RO I " , " il 19jiWT['J. : ~ I I :! u t--------S ~