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HomeMy WebLinkAboutPD-127-98a orl: raiv-9e a ,, ` Meeting: REPORT PUBLIC MEETING Date: Report #: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee File #"fig COPA 9~"~s~_~" Monday, November 2, 1998 Res. #C_~nA-SSG ~~ PD-127-98 File #: COPA 98-005 (X-REF: ROPA 98-008) By-law # Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: WALTER & JAMES HALE PART LOT 18, CONCESSION 4, FORMER TOWNSHIP OF CLARKE FILE NO.: COPA 98-005 (X-REF: ROPA 98-008) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1. THAT Report PD-127-98 be received; 2. THAT application to amend the Clarington Official Plan, as amended, submitted by Sam Cureatz on behalf of Walter and James Hale, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt and resolution of all outstanding issues and comments; and 3. THAT Durham Region Planning Department receive a copy of this report and that all interested parties listed in this report, including Durham Region, and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Sam Cureatz 1.2 Owner: Walter & James Hale 1.3 Clarington Official Plan Amendment: from Prime Agricultural Area to a designation appropriate to permit the severance of a dwelling surplus to a farm operation. 1.4 Area: 2.65 ha (6.5 acre) portion of a 78 ha (193 acre) parcel 6u1 REPORT PD-127-98 PAGE 2 2. LOCATION 2.1 The subject lands are located in Part of Lot 18, Concession 4, former Township of Clarke. The property has the following municipal address: 4301 Walsh Road. The lands are situated on the east side of Walsh Road, north of Concession Road 4. The applicant also owns lands on the west side of Walsh Road. 3. BACKGROUND 3.1 On August 7, 1998, the Municipality of Clarington Planning Department received an application to amend the Clarington Official Plan. The application was incomplete when originally submitted. When all the information was provided, the application was then circulated to various agencies for their comment on September 3, 1998. 3.2 In addition, an application to amend the Region of Durham Official Plan (OPA 98-008) was submitted on August 10, 1998. 3.3 The Durham Region Planning Department submitted a public meeting report to Durham Region Planning Committee addressing OPA 98-008 on October 13, 1998. At this meeting, no one spoke in opposition to the application. 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: A farm residence surrounded by agricultural activities 4.2 Surrounding Uses: North - agricultural activities South - agricultural activities East - agricultural activities and forested area West - agricultural activities 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 but REPORT PD-127-98 PAGE 3 "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 "Permanent Agricultural Reserve". 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. As such, the applicant has submitted an Official Plan Amendment application to the Durham Regional Planning Department (OPA 98-008). 6.2 Clarington Official Plan The subject lands are designated "Prime Agricultural Area" in the Clarington Official Plan. Lands so designated shall be predominantly used for farm purposes. 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) aretirement 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 Exception (A-1)". Farm uses shall prevail on lands so zoned. 6~3 REPORT PD-127-98 PAGE4 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. 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; and • written notice was circulated to all assessed property owners within 120 metres of the subject lands. 8.2 At the time of writing of this report, no comments have been received from the public either in support or opposition to this application. 9. AGENCY COMMENTS 9.1 Staff circulated the application and the following agencies had no objection to the application: Clarington Public Works Department; and Clarington Fire Department. Comments have yet to be received from: Durham Region Planning Department; and Ganaraska Region Conservation Authority. 9.2 The Durham Region Health Department noted that the applicant would have to confirm the location of the existing sewage system, ensuring it is located on the property to be severed. In addition, it is also required that a drilled well be constructed for the subject property. The existing well is a dug well and is located on the lands proposed to remain with the farm. 6U~ REPORT PD-127-98 PAGES 10. STAFF COMMENTS 10.1 The subject house is located on 78 ha (193 acres) of farm land. The applicant has another farm holding on the west side of Walsh Road. Two farm parcels operated by the same farmer separated by an open municipal road would qualify as non-abutting farms. 10.2 A previous severance (Application LD 193/96) was approved by the Land Division Committee on June 24, 1997 to allow the creation of a lot in Part of Lot 19, Concession 4, former Township of Clarke on behalf of the Hales. The lot having an existing farmhouse was created through the melding of two farm parcels (see Attachment #1). The applicants have in the past attempted to create an intra-family lot and a retirement lot on the subject lands (LD 071/93 and LD 206/93). Both the applications were denied by the Land Division Committee as they did not satisfy the requirements of the Durham Regional Official Plan. 10.3 An agricultural assessment as required, has been prepared by Dale Toombs. The Hales operate a large livestock business comprising approximately 1000 head of livestock. They own 9 parcels of land for a total of 512 hectares. They also rent one 20 ha parcel. It is acknowledged that farming is not their sole source of income as they also operate a metal recycling business and a disposal company. Regardless, the livestock operation is a very large enterprise and is viable on its own accord. The farm employs 2 people part time and seasonal labour is required during the harvest season. The Hales purchased this property in 1992 and have rented the house since that time as it was not needed to accommodate farm employees. The agricultural assessment noted that there are no livestock facilities within 300 metres of the lot to be severed and that the Minimum Distance Separation requirements have been complied with. The consultant states that the farm operation qualifies as a bona fide farm and that the application complies with the Provincial Policy Statement. bO5 REPORT PD-127-98 PAGE 6 10.4 The applicant can satisfy all of the Clarington Official Plan requirements with the exception of the maximum lot area (0.6 ha) for the surplus dwelling. The subject house is set quite a distance (250 m) back from the road. In order to sever the house from the farm, you could create a rectangular shaped property encompassing the house and laneway. This would result 'in a significant amount of land being removed from farm activities. The alternative is to create an irregular shaped lot being wider where the house is and narrower or tapered towards the road. This alternative would ensure that as much land as possible remains for agricultural production. The Clarington Official Plan states that non-farm parcels should generally not exceed 0.6 ha in area. At present, the applicant is proposing to create a 2.65 ha (6.5 acre) parcel. Staff recognize that due to the distance the house is setback from the road, if the application is approved, it would be very difficult to achieve a 0.6 ha lot area. Some flexibility of the lot area may be granted due to the circumstances, however, Staff strongly suggested that the parcel size be further reduced. The applicant is currently working towards reducing the parcel size. 10.4 The Durham Health Department have requested the applicant to provide a drilled well on the proposed severed lot and to ensure that the septic system is located on the severed lot. The applicant has advised that they are revising the dimensions of the lot to accommodate the Durham Region Health Department comments. 11. RECOMMENDAITON 11.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended this application be referred back to Staff for further processing and a subsequent report. 6u6 REPORT PD-127-98 PAGE 7 Respectfully submitted, ~-~ - Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development HB*DC*FW*cc October 26, 1998 Reviewed by, ,~~- ~,/ . H. Stockwell, Chief Administrative Officer Attachment No. 1 - Site Map Attachment No. 2 - Sketch of Farmed Properties Interested parties to be notified of Council and Committee's decision: Walter & James Hale 4340 Concession Road 4 Newtonville, Ontario LOA 1 JO Sam Cureatz 104 James Street West Newcastle, Ontario L16 1C6 Dale Toombs Agricultural & Rural Land Use Consulting 15 Walker Street, Lindsay, Ontario K9V 5Z8 6~7 ATTACHMENT N1 SUBJECT SITE PROPOSED SURPLUS DWELLING LOT OTHER LANDS OWNED BY APPLICANT - ~ ~ ~_ ~%il~ ~ ~ ~i~~i ~. -- ~ _ ~ ,~ ~ , ~~ , l 4b ,~ ~ ~, ~'~ ~ ~ _'' ~ ~/ ~i ~/ ; / ~\ ~~ ~~J`/ ~%%~/ i ~1 I III i i is ,~ . ~f,- / . = (. / .~ j j; ~ i ~` ` ~. \~ //~~%~!/ j//~~ l 1 it lil ~i /"r~ ~~~ i / / ~ ` ~/~ j~X »~ ~ I`\~ / ~ U~~ f ~' 1 /~ / l ~ ~ ~ _~ ~ ~ ~~~/~ ~ ~ ~ Jai ~~ x. i'.. }v+'b }c'}i'y~; t'... ,i} xS i r., ~ ~ ,'~ :.:~^4-.,. ~~~ v~ .~ ~ ~ ~~.~'~J _i .C l' }' • v }:R.n:<J:nv j'>' ':ti }F}4• .BYE:{. .iR .','. ~'. .. ~.~.\,.;.'.. .y. „r ~: `<:'-: ',,: r.., x.'x~~.~~yti!. 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I CLARKE KEY MAP COPA. 98-005 ROPA. 98-008 o # Propaify Nimmber A House B Bam ATTACHMENT #2 Sketch of Farmed Properties NOT TO SCALE bU~