HomeMy WebLinkAboutPSD-061-10Clarin n
Le~tngrneway~ .REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 17, 2010 Resolution #: Q (~A S{pg-/0 By-law #: ~11U~0(o/
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Report #: PSD-061-10 File #: COPA 2010-0002 &ZBA 2010-0007
Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO
PERMIT THE SEVERANCE OF A SURPLUS DWELLING-LOT FROM A
NON-ABUTTING FARM PARCEL
APPLICANT: ANTONIUS VISSERS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-061-10 be received;
2. THAT the application for proposed Clarington Official Plan Amendment, COPA 2010-
0002, submitted by Bob Craig on behalf of Antonius Vissers, be approved as per
Attachment 3 and the by-law attached to Report PSD-061-1D to adopt Amendment No.
75 be forwarded to Council for approval, provided there are no significant issues raised
at the public meeting;
3. THAT the application for proposed Zoning By-law Amendment, ZBA 2010-0007,
submitted by Bob Craig on behalf of Antonius Vissers, be approved and that the Zoning
By-law Amendment, Attachment 4 to Report PSD-061-10 be approved by Council
provided there are no significant issues raised at the public meeting; and
4. THAT the Durham Region Planning Department, Municipal Property Assessment
Corporation, and all interested parties listed in Report PSD-061-10 and any delegations
be advised of Council's decision.
Submitted by: ~/ `~`~ ~ Reviewed by: S /F~-~:_ -r"~'~t~
a ang id CSLA, MCIP Franklin Wu
In Director, tanning Services Chief Administrative Officer
BR/CP/df
10 May 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-061-10
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Owner:
1.3 Official Plan Amendment:
1.4 Zoning By-law Amendment:
1.5 Area:
1.6 Location:
2.0 BACKGROUND
Bob Craig
Antonius Vissers
PAGE 2
To permit the severance of a surplus dwelling lot from
a non-abutting farm parcel
To rezone the retained (farm) parcel to prohibit the
construction of a single detached dwelling
Proposed severed parcel of 0.5 hectares from a 35.24
hectares farm
4319 Solina Road (see Attachment 1)
2.1 On March 11, 2010, Bob Craig, on behalf of Antonius Vissers, submitted to Planning
staff applications for Clarington Official Plan Amendment and Zoning By-law
Amendment. Submitted in support of the applications was an Agricultural Justification
Assessment.
2.2 On March 19, 2010, Bob Craig, on behalf of Antonius Vissers, submitted to the Regional
Planning Department an application for Regional Official Plan Amendment.
2.3 The combined applications propose to permit the severance of a 5,000 m2 surplus lot,
containing a dwelling from anon-abutting farm parcel purchased in 2008. The lands are
part of a larger farm operation owned by Vissers. The house is not needed as part of
the operation. Attachment 2 illustrates the locations of the farms that are part of the
Vissers Sod Farm operation.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The 35.24 hectare farm is on the east side of Solina Road, approximately 1,000 metres
south of Taunton Road, and is essentially one large flat field. The proposed severed
parcel contains the surplus dwelling, a related driveway and several accessory
structures.
3.2 The surrounding uses are as follows:
North - Farm Fields and scattered Rural Residential Dwellings
South - Wooded and/or Wetland Areas
East - Farm Fields and the Future Highway 401/407 Freeway Link
West - Solina Road, and beyond, Farm Fields and scattered Rural Residential
Dwellings
REPORT NO.: PSD-061-10 PAGE 3
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
Permitting the severance of surplus farm dwellings from acquired farms promotes
agriculture since it allows farmers the opportunity to avoid becoming landlords or having
to demolish usable dwellings. New rural residential dwellings are not created since
such severances are to be accompanied by rezoning to not permit dwellings on the
retained parcel.
4.2 Greenbelt Plan
The 35.24 hectare farm is in the Protected Countryside Area of the Greenbelt Plan. As
is the case with the Provincial Policy Statement, the Greenbelt Plan permits the
severance of surplus farm dwellings from farms that have been acquired and are being
actively farmed as part of another farming enterprise. New rural residential dwellings
are avoided by the accompanying rezoning not to permit dwellings on the retained
parcel.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the farm property as Prime Agricultural
Area. Agricultural Areas are to be used primarily for agriculture and farm-related uses.
The Regional Plan supports the severance of surplus farm dwellings from acquired
farms for the same reasons that the Provincial Policy Statement and the Greenbelt Plan
do. When the acquired farm is non-abutting such a severance is permitted but, only by
Official Plan Amendment. Hence, the Regional Official Plan Amendment application
and, the related Clarington Official Plan Amendment application is not exempt from
Regional approval.
5.2 Clarington Official Plan
The Clarington Official Plan designates the farm property as Prime Agricultural Area
and is to be used only for farm and farm-related uses. The Clarington Plan supports the
severance of surplus farm dwellings from acquired farms for the same reasons that the
Provincial Policy Statement and the Greenbelt Plan do. When the acquired farm is non-
abutting such a severance is permitted but, only by Official Plan Amendment provided
the following requirements are satisfied:
a) aretirement 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 lot is generally less than 0.6 hectares; and
e) it is registered on title that once a surplus dwelling is severed, no further
severance is permitted from the parcel for retirement purposes.
Severed surplus dwelling lots approved by amendment to the Clarington Plan are listed
in Table 13-1.
REPORT NO.: PSD-061-10
6.0 ZONING BY-LAW
PAGE 4
6.1 Zoning By-law 84-63 zones the subject lands Agricultural Exception (A-1) in the
northwest, in the vicinity of the proposed severance; and Environmental Protection (EP)
in the southeast.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 An Agricultural Justification Assessment was prepared for the two official plan
amendments and zoning by-law amendment applications. The assessment author
noted all of the land holdings and dwellings of the Vissers family and their companies
concluding that their agricultural operations did not require employees who lived on site
and that they already had a dwelling that was rented that could be made available to
agricultural employees should such a need arise. Noted also was that the 35.24
hectare property was a viable farm parcel and a part of a much larger farm operation..
As well, the dwelling, built in 1890, clearly predates the Greenbelt Plan, and the
proposed rezoning of the farm or retained parcel will prohibit another dwelling building
permit being granted. The assessment concluded that the proposal complied with the
Provincial Policy Statement, the Greenbelt Plan and MDS Requirements.
7.2 A site screening questionnaire completed by Soil Engineers Ltd. indicated the subject
property should not contain contaminants.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
property. A public notice sign was installed on the property's frontage on Solina Road.
8.2 As a result of the public notification process, to date, the Planning Services Department
has received no inquiries or comments.
9.0 AGENCY COMMENTS
9.1 Clarington Engineering Services, Central Lake Ontario Conservation, Regional
Planning, Regional Health and the Ministry of Transportation have indicated no
objections.
10.0 STAFF COMMENTS
10.1 The Agricultural Justification Assessment deals with each of the requirements far both
the Regional and Clarington Official Plan Amendments. The Clarington Official Plan's
requirements and how they have been addressed are as follows:
REPORT NO.: PSD-061-10
PAGE 5
• There has not been a retirement or intra-family lot previously severed since
January 1, 1974 and there have been no severances from this property since
January 1, 1974.
The acquired farm is not a minimum of 40 hectares. Although the 35.24 hectare
property is short of the minimum required, the property is part of a bona-fide farm
operation of 306 hectares of which 204 hectares are workable. The size of the
farm business meets the intent of this policy. One aspect of the Clarington
Official Plan Amendment application is seeking exception from this 40 hectare
minimum policy. Vissers' have suggested that when the Highways 401 and 407
Freeway Link is built, there will be an "orphaned" parcel of land west of the link
that Mr. Vissers intends to buy to meld with 4319 Solina Road thereby bringing
the property into or at least closer to 40 hectare conformity. The dwelling to be
severed is not required for farm employees, and this is the case for the existing
sod business. If through future expansion the situation changes there is one
rented dwelling available to be used by a farm employee.
The surplus dwelling lot is generally less than 0.6 hectares. The surplus dwelling
lot is being kept as small as practical to encompass the house, well, septic bed
and reserve septic bed. Planning staff notes that the proposed severance is 0,5
hectares.
It is registered on title that once a surplus dwelling lot is severed, no further
severance is permitted from the parcel for retirement purposes. Such a
restriction will be registered on title at the time of the consent to sever. Planning
staff notes that the severed parcel, if 0.6 hectares or smaller will be too small to
permit another severance, and the retained or farm parcel will be zoned to
exclude dwellings from the parcel. Hence, the related Zoning By-law
Amendment application was submitted.
10.2 No issues have been identified with the proposed official plan amendment or the
proposed rezoning. To date, the public has expressed no concern.
10.3 The Finance Department advises that property taxes have been paid.
11.0 CONCLUSION
11.1 Provided there are no significant issues raised at the Public Meeting, staff respectfully
recommends that the proposed official plan amendment, Amendment No. 75; and the
proposed amendment to Zoning By-law 84-63 be approved, as shown on Attachments 3
and 4, respectively.
Staff Contact: Bob Russell
REPORT NO.: PSD-061-10
Attachments:
Attachment 1- Location Map and Key Map
Attachment 2- Visser Sod Farm Properties
Attachment 3- Official Plan Amendment
Attachment 4- Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Antonius Vissers
Bob Craig
Durham Region Planning
Municipal Property Assessment Corporation
PAGE 6
Attachment 1
To Report PSD-061-10
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Attachment 2
VISSERS SOD FARM PROPER T IES PSD - 061 - 70
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N0.2010-
being a By-law to adopt Amendment No. 75, to the Clarington Official Plan
Attachment 3
To Report PSD-061-10
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws 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 creation of a new lot for an existing dwelling
deemed surplus to the farm operation;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:.
1. That Amendment No. 75 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. That this By-law shall come intoforce and take effect on the date of the passing
hereof.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
AMENDMENT NO. 75
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To permit the potential severance of a surplus farm dwelling after
acquisition of anon-abutting farm lot and to grant exception to the
requirement that the acquired farm lot from which the potential severed
parcel comes, be a minimum of 40 hectares.
LOCATION: The proposed lot is located at 4319 Solina Road, in Part Lot 24,
Concession 4, former Township of Darlington.
BASIS: The amendment is based on an application submitted by Robert Craig on
behalf of Antonius Vissers to permit the potential severance of a surplus
farm dwelling after acquisition of anon-abutting farm lot and to grant
exception to the requirement that the acquired farm lot from which the.
potential severed parcel comes, be a minimum of 40' hectares. This
application has been reviewed by public agencies and municipal staff.
Also, consideration has been given to the Greenbelt Plan and the current
(Amendment 114) Durham Regional Official Plan. Council is satisfied
that the owner is operating abona-fide farm operation and that this
amendment meets the intent of the Official Plan and fulfils the objective
of preserving agricultural land.
ACTUAL
AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by:
i) In Section 13.3.10 -Table 13-1, as follows:
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.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
Attachment 4
To Report PSD-061-10
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 of the Municipality of Clarington for
ZBA 2010-0007;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-81) Zone"
and from "Agricultural Exception (A-1) Zone' to "Agricultural Exception (A-81) Zane", as
illustrated on the attached Schedule "A" hereto.
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 Sections 24(2) and 34 of the Planning Act.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2010
Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010-
,
passed this day of , 2010 A.D.
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®Zoning Change From "A" To "A-81"
®Zoning Change From "A-1"To "A-81"
Zoning To Remain "A-1"
Zoning To Remain "EP"
Jim A6emethy, Mayor Patti L. Barrie, Municipal Clerk
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