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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/ ~/D-6G~ 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 = .. c c ~ £ Y W C C L 0 O C p Q W ~ A O ~ d ~ O ~ R ~ ~ o Q ~a 'c ~ peoa eui~o5 T O R N !~ O v Q ~. 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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. I ~~+ ~_, .....; .T°q ,S ~4.~"d °+tv h ~ „ ti> ~`~~• n :Y w~ `' .ri.. q. .,. ter,,: `~ .\~ y 4 ~titi 1 g~ ^ a `1'4 ryl~ Y' 1Yrs~ 1 ~. ~ ~~`± r~ Q r:-yy' ~. «w ~ -i :r--e ..,,. W'V '4Y "~.\°1 yti1 M;Mtq " ~ q"..:y. 1 ~ w ti q~„°. ~'"~ ~L~ ~ y . i . t a 11 M ei.H ~ q ~`1'\~yia~lY ~a1"~q~ 4 ` ~°Y~ "`~£ A•~~~ Z "ate {te m:^~'~ ' : ~:~.y. .1 a +.r ww, 4 ~~ ~ L ~Y ~` i hti`~ \ °f y " i 1 `` `` 1W 1~ whiZaYhA\ 9 a.5~ ~' Faye I V a``..~i T9 4 PEBBLESTONE ROAD ®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 Taunton Road I N ~~ - ~ - ~ S ubject Slte ~ o ~ rc rc a ~ w c -y ~ o N C , IC S T I ~ Pebble stone Ro ad ' L_ T DARLINGTON zeA zotoaoo~ Schedule i