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HomeMy WebLinkAboutPD-77-98ON: PD-77-98 Meeting: Date: Report #: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee Monday, June 22, 1998 PD-77-98 FILE #: ROPA 98-003 File #,~p: +~PA"`ate 003 Res. #G P1=}--37~- `~~ By-law # Subject: REGIONAL OFFICIAL PLAN AMENDMENT APPLICANT: JOSEPH AND ELIAS MICHAEL PART LOT 16, CONC. 1, FORMER TOWNSHIP OF CLARKE FILE NO.: ROPA 98-003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-77-98 be received ; 2. THAT Council recommend to the Region of Durham that application ROPA 98-003 to amend the Durham Regional Official Plan submitted by Joseph and Elias Michael be APPROVED; and 3. THAT Durham Region Planning Department, all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Joseph and Elias Michael 1.2 Regional Official Plan Amendment: From -General Agricultural Area To - a designation appropriate to permit the severance of a dwelling surplus to a farm operation 1.3 Area: 0.912 ha (2.3 ac) portion of a 27.5 ha (68 ac) parcel 2. LOCATION 2.1 The subject lands are located in Part of Lot 16, Concession 1, former Township of Clarke. The property has the following municipal address: 1287 Morgans Road. The lands are situated between Highway 401 to the north and Concession Road 1 . X97 REPORT NO.: PD-77-98 PAGE2 to the south. The applicant also owns lands south of Concession Road 1 and south of Lakeshore Road. 3. BACKGROUND 3.1 On April 23, 1998, Staff received a request from the Region of Durham to respond to an application to amend the Durham Regional Official Plan. The application was subsequently circulated to various agencies for their comments on April 29, 1998. 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: The south portion of the subject land is cultivated. The north portion is uncultivated and possesses a residence. A hydro corridor passes through the middle of the parcel. Surrounding Uses: North - Highway 401 South - Non-farm residence (severed from the subject lands prior to 1970), Ontario Hydro right-of-way and agricultural lands East - Forested area West - Agricultural land 5. PROVINCIAL POLICY STATEMENT 5.1 The Provincial Policy Statement specifies that a residence deemed to be surplus to a farming operation may be severed from the property and a new residential lot may be created. The Policy Statement defines a "Residence Surplus to a Farming Operation" as "one or two or more existing farm residences built prior to 1978 and surplus to the farm, or an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." - 698 REPORT NO.: PD-77-98 6. OFFICIAL PLAN POLICIES PAGE3 6.1 Regional Official Plan The Durham Regional Official Plan designates the subject lands "General Agricultural". Lands so designated shall be used primarily for agricultural purposes. The severance of a surplus dwelling is permitted if it is the result of consolidation of abutting farm parcels into one parcel. However, an amendment to the Plan is required if the surplus dwelling occurs through the acquisition of anon-abutting farm parcel. 6.2 Clarington Official Plan The subject lands are designated "General Agricultural Area" and "Environmental Protection" in the Clarington Official Plan. Lands designated "General Agricultural Area" shall be used for farm purposes. Lands designated "Environmental Protection" shall be predominantly used for conservation purposes. 6.3 The Clarington Official Plan requires an amendment if a farmer wishes to sever a dwelling rendered surplus due to the acquisition of anon-abutting farm provided: a) A retirement or intra-family lot has not been 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 lot is severed, no further severance is permitted from the parcel for retirement purposes. 7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". Farm uses shall prevail on lands zoned "Agricultural". Lands zoned "Environmental Protection" shall be used primarily for conservation. 7.2 Within the agricultural zone, the minimum lot size is 40 ha. However, Section 6.3 ~nc~ REPORT NO.: PD-77-98 PAGE 4 g) of Zoning By-law 84-63, as amended, states that where a lot is severed in accordance with the governing official plans, the original lot from which the lot has been severed shall be deemed to be a legal non-conforming lot with respect to lot area requirements. 7.3 The zoning by-law does not permit residential dwellings within the °EP" zone. In fact it requires all structures to be located a minimum of 3 metres from an "Environmental Protection" zone. However, since the structure pre-dates the zoning by-law it is considered legal non-conforming. 8. PUBLIC MEETING 8.1 Since this is an application to amend the Durham Regional Official Plan, the Region of Durham placed a "Notice of Public Meeting" in the appropriate newspaper. The application was forwarded to a Regional Public Meeting on May 26, 1998. There were no objections or concerns expressed at this meeting. 8.2 Upon the submission of an application to amend the Clarington Official Plan, public notice will have to be provided and a public meeting will be held in accordance with the Planning Act. 8.3 The Durham Region Federation of Agriculture advised in writing that they support this application provided that: no further severances be allowed from the remaining farm parcel • that the surplus dwelling lot size be kept as close as possible to the minimum requirement of 0.4 hectares • that the limits of the surplus dwelling lot should extend north to Highway 401. 9. AGENCY COMMENTS 9.1 Staff circulated the application to Clarington's Public Works Department and the Fire Department. These departments both expressed that they have no concerns ~9Qn~~ REPORT NO.: PD-77-98 PAGE 5 with the application. 9.2 The Ganaraska Region Conservation Authority advised that an intermittent cold water stream runs through the property. The existing house, built in the 19`" century, is located outside the regulatory flood plain. However, since the proposed property is completely located within the Fill and Construction Limits, a permit under Ontario Regulation 148/90 would be required if any development or grading occurs on the property. 9.3 The Durham Region Health Unit is satisfied with the location of the septic and well. They advised verbally that the location of the private services would not likely be an issue if the size of the lot is reduced. However, they have requested to be consulted when the lot size and configuration is finalized. Final configuration of the lot size would require their review. 10 STAFF COMMENTS 10.1 The applicant owns 128 hectares and rents an additional 23 hectares of land. They grow predominantly cauliflower, bok Choy and Chinese cabbage. Apparently they have rented the subject 27 hectare parcel from which they wish to sever the house from, for six years. This parcel was purchased in December 1997. Municipal assessment records state that the house was built in 1880. Staff conducted a site visit and noted that the north portion of the subject lands are not farmed. 10.2 Dale Toombs (Agricultural and Rural Land Use Consulting) prepared an Agricultural Assessment which provides information regarding the Michael's farm operation including farm viability and housing requirements. The consultant states that the applicants are full time farmers and that the farm operation encompasses four farm parcels totalling 128 hectares of which 87 hectares are used for vegetable production. Mr. Toombs notes that the Michaels live in 2 homes located on Lakeshore Road. He goes on to state that there is no need for year-round housing ~,(lQ(1~~ REPORT NO.: PD-77-98 PAGE 6 accommodation for additional farm employees. The 13 seasonal offshore employees required at harvest time are housed in trailers. The report also stated that the application complies with the Provincial Policy Statement and with Minimum Distance Separation regulations. Staff concur with these comments. 10.3 A local official plan amendment is required in order to permit the creation of a new lot for a dwelling rendered surplus as a result of the acquisition of anon-abutting parcel. An application has not been submitted. The applicant wanted to receive some assurance in the approval of their Regional Official Plan Amendment prior to making the required application at the local level. 10.4 In review of the Durham Regional Official Plan amendment application, it is apparent that the following criteria within the Clarington Official Plan can be met. • A retirement or intra-family lot has not been previously severed since January, 1974. Records indicate that there have been no retirement or intra-family lots created since 1974. • It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. The applicant has stated that they are in agreement with this regulation. This condition will be registered through the land severance process. • The dwelling to be severed is not required for farm employees. The applicant retained Dale Toombs who is an agricultural and rural land use consultant. He made a submission on the Michaels behalf stating that there is no need for this particular farm operation to house workers throughout the year. Apparently 13 offshore labourers are hired on a seasonal basis. The employees live in 2 trailers F49nr;~ REPORT NO.: PD-77-98 PAGE 7 located on the farm. Dale Toombs noted that seasonal housing is regulated by the Ministry of Health and is inspected annually. The following provisions must be satisfactorily dealt with through the Local Official Plan Amendment application. • The acquired farm is a minimum of 40 hectares. The subject parcel that has recently been acquired is just over 27 hectares, of which the north portion is not farmed (approximately 7.5 ha). The parcel is also crossed by a hydro right-of- way. The lands along the hydro right-of-way are farmed. The intent of the 40 ha minimum size criterion is to ensure that the farm is a bona-fide agricultural operation and that the severance of a surplus dwelling will not affect the viability of the existing farm operation. It is the applicants' intention that the remaining parcel will remain part of the farm operation. • The surplus dwelling lot is generally less than 0.6 hectares. The applicant proposes that the lot be 76 metres deep with 120 metres of frontage (0.9 ha). The depth is consistent with that of the existing lot located just south of the proposed severed lot. The 120 metres of frontage would provide the proposed lot with continuous frontage up to Highway 401. The minimum lot frontage for rural residential lots is 30 metres and the minimum lot area is 0.4 hectares. Reduction of the lot depth to 50 metres would result in a lot area of 0.6 ha. 10.5 The proposed severed lot is zoned in part "Environmental Protection (EP)". The structure predates the zoning by-law and therefore is considered legal non- conforming. The Ganaraska Region Conservation Authority has no objection to this application. 699004 REPORT NO.: PD-77-98 PAGE 8 11.1 Staff have reviewed the application and have no objection supporting the principle of this application. However, Staff note that an application to amend the Clarington Official Plan must be made, and successfully completed prior to the applicant 11. RECOMMENDATIONS obtaining approval to sever the parcel. required. Respectfully submitted, N ~~= ~~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development HB*FW*cc 16 June 1998 Attachment No. 1 - Key Map Attachment No. 2 - Site Sketch No amendment to the zoning by-law is Reviewed by, W.H. Stockwell- ~ Chief Administrative Officer. Interested parties to be notified of Council and Committee's decision: Joseph and Elias Michael 4162 Lakeshore Road Newcastle, Ontario L1 B 1 L9 Dale Toombs Agricultural and Rural Land Use Consulting 15 Walker Street Lindsay, Ontario K9V 5Z8 699005 ATTACHMENT /1 SUBJECT SITE PROPOSED SURPLUS DWELLING LOT ~I - i_ - _~ o _ j o li --1 ~- o ~ ~- O ~ CONCE: OTHER LANDS OWNED BY APPLICANT _20m 19 18 17 i 16 15 14 13 12 i H qy 2 ' ~ i~ ~i ~I~ ~~ ~ HIG WAY ~ ~' 401 ~ ~ r--~ ~ ~-~-~ i! I ~~ I ~~ 'dhD ~ 1 Z O w Z O Z O H Z O ~~ ~iVT~1R/O ~~ ~, I CLARKE ROPA. 98-00$ KEY MAP W Y O = m ~9900h ATTACHMENT ~~ 0 Q fY Z Q ® PROPOSED SURPLUS DWELLING LOT 76.OOm Width = 0.9ha 50m Width = O.6ha ~~- LIMITS OF REGIONAL FLOODPLAIN - - - LIMITS OF "EP" ZONE ROPA. 98-003 ~nonr~ :~ ,,._