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HomeMy WebLinkAboutPD-113-98., ~qN: PD-113-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #~.CO~F=1.`IS" ~~ Date: Monday, October 5, 1998 Res. # Report #: PD-113-98 FILE #: COPA 98-004 By-law # -/ /o Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICANT: JOSEPH & ELIAS MICHAEL PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF CLARKE FILENO.: COPA98-004 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-113-98 be received ; 2. THAT application to amend the Clarington Official Plan, as amended, submitted by Dale Toombs on behalf of Joseph and Elias Michael, be APPROVED as provided for in Amendment No. 11 to the Clarington Official Plan, as detailed in Attachment No. 5 to this Report; 3. THAT the necessary By-law to adopt Amendment No. 11 to the Clarington Official Plan, be passed and that Amendment No. 11 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; and, 4. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision 1. APPLICATION DETAILS 1.1 Applicant and Owner: Joseph and Elias Michael 1.2 Clarington Official Plan Amendment: from General Agricultural Area to a designation appropriate to permit the severance of a dwelling surplus to a farm operation. - 6~1 REPORT NO.: PD-113-98 PAGE2 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 to the south. The applicant also owns lands south of Concession Road 1 and south of Lakeshore Road. (see Attachment No. 1) 3. BACKGROUND 3.1 On April 23, 1998, Staff received a request from the Region of Durham to respond to an application the Michael's submitted to amend the Durham Region Official Plan. On June 29, 1998 Clarington Council recommended to the Region of Durham that the application to amend the Durham Region Official Plan (OPA 98- 003) be approved (PD-77-98). In the accompanying report, Staff noted that the applicant would have to submit an application for amendment to the Clarington Official Plan. 3.2 On September 9, 1998 Durham Region Council approved the Michael's application as Amendment No. 48 to the Durham Region Official Plan. 3.3 On August 19, 1998, the Municipality of Clarington Planning Department received an application to amend the Clarington Official Plan. The application was circulated to various agencies for comment on August 24, 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. - 602 REPORT NO.: PD-113-98 PAGE3 Surrounding Uses: North -Highway 401 South - Non-farm residence (severed from the subject lands prior to 1970), Ontario Hydro right-of-way and Agricultural land 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)". 6. OFFICIAL PLAN POLICIES 6.1 Regional Official Plan The Durham Region 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 consideration 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. Amendment No. 48 to the Durham Region Official Plan was adopted by Regional Council on September 9, 1998. A copy of Amendment No. 48 is provided in Attachment No. 3. 6.2 Clarington Official Plan The subject lands are designated "General Agricultural Area" and "Environmental bG3 REPORT NO.: PD-113-98 PAGE 4 Protection" in the Clarington Official Plan. Lands designated "General Agricultural Area" shall be predominantly used for farm purposes. Lands designated "Environmental Protection" reflect the tributary which flows just south of the subject house. 6.3 An amendment to the Clarington Official Plan may be permitted 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 (g) of the Zoning By-law 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 b~`~ REPORT NO.: PD-113-98 PAGE 5 °Environmental Protection" zone. However, since the structure predates the Zoning By-law it is considered legal non-conforming. 8. PUBLIC PARTICIPATION 8.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, notice was given as follows: • Public Meeting sign for the application was installed on the site; • written notice was circulated to all assessed property owners within 120 metres of the subject lands. 8.2 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 and the following agencies had no objection to the application: • Clarington Fire Department • Durham Region Health Department Comments have yet to be received from: • Durham Region Planning Department • Ganaraska Region Conservation Authority • Ministry of Transportation - bU~ REPORT NO.: PD-113-98 PAGE 6 9.2 Although comments have not been received from the GRCA, their comments on the amendment to the Regional Official Plan Amendment indicated no objection. The Authority advised that an intermittent cold water stream which drains the wetlands north of Highway 401 and forms part of the headwaters of Bondhead Creek, runs through the property. In addition, 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, in their comments with respect to the Region Official Plan amendment application advised the Municipality that the septic and well location would not be impacted upon by reduction of the lot size. Final configuration of the lot size would require their review. This can be achieved through the consent process. 9.4 Through the circulation of the application to amend the Durham Region Official Plan, no objections were received from the circulated agencies. As such, the Durham Region Planning Department recommended approval of the application as Amendment #48 to the Durham Region Official Plan. 10. STAFF COMMENTS 10.1 The applicants own 128 hectares and rents an additional 23 hectares of land. They grow predominantly cauliflower, bok Choy and Chinese cabbage. They have rented the subject 27.5 hectare parcel from which they wish to sever the house from, for six years. The Michael's placed an offer to purchase this parcel, and the offer was accepted in December 1997. 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 T bOb REPORT NO.: PD-113-98 PAGE 7 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 Michael's live in 2 homes located on Lakeshore Road. He goes on to state that there is no need for year-round housing accommodation for 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 The proposed severed lot is zoned in part "Environmental Protection". Municipal assessment records reveal that the house was constructed in 1880. This structure predates the Zoning By-law and as such is considered legal non-conforming. The Ganaraska Conservation Authority had no objection to the location of the house in relation to the intermittent tributary. 10.4 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. In review of this 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 1, 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 and that they will not bv~ REPORT NO.: PD-113-98 PAGE 8 apply for a severance for retirement purposes. Implementation of this requirement shall be a condition of consent. • The dwelling to be severed in 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 Michael's 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 located on the farm. Dale Toombs notes that seasonal housing is regulated by the Ministry of Health and is inspected annually. 10.5 The application, as submitted, does not meet two of the criteria established in the Official Plan as follows: • The surplus dwelling lot is "generally" less than 0.6 hectares. The Official Plan tries to minimize the impact of any surplus dwelling severance on agricultural lands by limiting the size of any severed parcel. 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 a area is 0.4 hectares. Reduction of the lot depth to 50 metres would result in a lot area of 0.6 ha which is consistent with the Official Plan policies. When Staff reviewed the Durham Region Official Plan Amendment application, the Region Health Department 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 did request to be consulted again when the lot size and configuration is finalized. Staff recommend that the lot size be reduced accordingly. bud REPORT NO.: PD-113-98 PAGE9 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 on which the house is located, is not farmed (approximately 7.5 ha). The remainder of the lands are farmed. The intent of the 40 ha minimum size criteria is to ensure that the farm is a bona-fide agricultural operation. This particular farm operation utilizes these and other lands to comprise the farm operation of 128 hectares is cultivated. Although this application does not meet this one criteria, Staff is satisfied that the farm is a bona-fide agricultural operation. The Official Plan provides criteria for consideration of a site specific exception. Given that an amendment to the Plan is required, Council may provide the exception for a surplus dwelling lot, notwithstanding non-conformity with this criterion. In these specific circumstances, Staff believe the proposed amendment is appropriate. 11. RECOMMENDATIONS 11.1 In most circumstances, Staff would not recommend approval of an official plan amendment at the Public Meeting stage. However, this application to amend the Clarington Official Plan is implementing the Regional Plan Amendment No. 48, which was previously subject to a Public Meeting at the Region. No public submissions were received at that time and no concerns or objections were expressed with respect to the applicant's proposal. Accordingly, in the interest of expediting this application, Staff are recommending that the application to amend the Clarington Official Plan be approved as Amendment No. 11 as shown in Attachment No. 5 to this report. bU9 ,. REPORT NO.: PD-113-98 Respectfully submitted, r ~ "6-._1- Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development HB*DC*FW*df 18 September 1998 Reviewed by, PAGE 10 tockwell, Chief Administrative Officer. Attachment No. 1 -Key Map Attachment No. 2 - Site Sketch Attachment No. 3 - Amendment No. 48 to the Durham Region Official Plan Attachment No. 4 - Proposed Amendment as submitted by Applicant Attachment No. 5 - Proposed Amendment No. 11 to the Clarington Official Plan Interested parties to be notified of Council and Committee's decision: Joseph and Elias Michael 4162 Lakeshore Road NEWCASTLE, Ontario L1B 1L9 Dale Toombs Agricultural and Rural 15 Walker Street LINDSAY, Ontario K9V 5Z8 Land Use Consulting b10 ATTACHMENT N1 ® SUBJECT SITE - PROPOSED SURPLUS DWELLING LOT OTHER LANDS OWNED BY APPLICANT 20 19 18 17 16 15 14 13 12 J~~ r~ T I ~ THIGH AY''i 2 I ~ ~ i ~J--~ o~~ ~, o -o,~ ~ ~ _~i I~ ~, ~, ' i ~ . CLARKE KEY MAP o :::~:: ~j~ '.'' II ~ _~ ::.:::; : ~:;;~ ~ ROAD ........ -~--u ~: ~::::~::;~ [ T ~ ~ ................. E ~-~-_i_ LAK pNTAR/p - ~ P~ CO PA. 98-004 L ~r Z O O Z w 0 m~ NO it I~ I i~ II I _ O li !~ " ~I ~ HIG~WAY '~, ~~; 401 i i ~~ W U _ _ O - -~if - - ~ ~~ 1 ~ U CON~ESSIpN ~R(~AD 1 bi) ATTACHMENT ~2 HIGHWAY 401 LOT ~ 16 CONC. 7 SEPTIC ~ BED n O ~ ~ ~ ~ I I ~ HOUSE Z I I ~ CREEK a I I ( ~ WELL O ~ ~ ~ 50.OOm ---i I 76.OOm / I ® PROPOSED SURPLUS DWELLING LOT 76m Width = 0.9ha ---- REAR LOT LINE IF REDUCED TO 0.6ha 50.m Width = O.6ha LIMITS OF REGIONAL FLOODPLAIN - - - LIMITS OF " EP" ZONE COPA. 98-004 ~~2 ATTACHMENT t3 Amendment No. 48 to the Durham Regional Official Plan Purpose: The purpose of this Amendment to the Durham Regional Official Plan is to permit the severance of a surplus farm dwelling from a non-abutting existing farm, in accordance with the criteria outlined in Section 12.3.12 of the Durham Regional Official Plan. Location: The subject site is located on the south half of Lot 16, Concession 1, former Township of Clarke, in the Municipality of Clarington. Sasis_ The subject farm has recently been acquired and had been rented and farmed, as a specialty crop operation, by the applicant for the past six years, in Conjunction with finro 40 hectare parcels located to the south. The farm dwelling on the lot to be severed is not needed for farm employees and is rendered surplus. The 0.9 hectare lot will not result in any negative impacts on the retained parcel, the existing farming operation or the adjacent agricultural community. Actual The Durham Regional Official Plan is hereby amended by Amendment: adding the following subsection to Section 12.3.12 (Agricultural Areas) as Section 12.3.12 b): "b) A surplus farm dwelling as severed from a parcel identfied as Assessment No. 030 020 03600 0000 located in Part Lot 76, Concession 1, former Township of Clarke, Municipality of Clarington. Implementation: The provisions set forth in the Durham Regional Official Plan regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment. ~~3 ATTACHMENT/4 PROPOSED AMENDMENT AS SUBMITTED BY APPLICANT AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to facilitate the approval of a consent to sever a surplus farm residence located at Part Lot 16, Concession 1 in the former Township of Clarke. BASIS: The Amendment is based on criteria within policy 13.3.9 of the Clarington Official Plan which indicates: Notwithstanding Section 13.3 8, the removal by severance of a dwelling which is rendered surplus as a result of the acquisition ofnon-abutting farms may be permitted by amendment to this Plan provided: a) a retirement or infra-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 far farm employees d) the surplus dwelling lot is generally less than 0.6 hectares; 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. ACTUAL AMENDMENT The following severances have been considered by amendment to this Plan and are permitted: I) A surplus farm dwelling as severed from a parcel identified as Assessment No. 030 020 03600 OOO located in Part Lot 16, Concession 1, former Township of Clarke, Municipality of Clarington. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regazding 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. bl~~ r ATTACHMENT i5 AMENDMENT NO. 11 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the approval of a consent to sever a surplus farm dwelling located in Part Lot 16, Concession 1, former Township of Clarke. BASIS: The Amendment is based on an application submitted by Dale Toombs, on behalf of Joseph and Elias Michaels, to permit the creation of a surplus dwelling lot from a recently acquired 27.5 hectare farm parcel. The 27.5 hectare farm parcel is a component of a larger 101 hectare farm operation. Council is satisfied that the applicant is operating abona-fide farm operation and that this amendment meets the intent of the Official Plan. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: i) by adding a new Section 13.3.10 as follows: "13.3.10 The following surplus dwelling lots have been approved by amendment to this Plan: TABLE 13.1 SURPLUS FARM DWELLING LOT EXCEPTIONS Exception No. Assessment No. Legal Description Area of Surplus Area of Remainder Dwellin Lot of Land 1 030-020-03600-0000 Pt. Lot 16, Concession 0.6 26.9 (1998) 1, former Township of Clarke ii) Renumbering the existing 13.3.10 to 13.3.12 inclusive as 13.3.11 to 13.3.13". 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