HomeMy WebLinkAboutPD-139-98a ~ N: PD-139-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
Date:
General Purpose and Administration Committee
December 7, 1998
Report #: PD-139-98
ROPA 98-002
File # `~ o `~'.CC:)-'t-1- 9~ ~ a
Res. # C~ ~ a -f~ ~ _~ -`}~
By-law #
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT
JAMES AND GLADYS MILLSON
PART LOTS 25 AND 26, CONCESSION 7, FORMER TOWNSHIP OF
DARLINGTON
FILES: COPA 98-002 AND ROPA 98-002
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-139-98 be received;
2. THAT the Regional Municipality of Durham be advised that the Municipality
recommends the approval of the Regional Official Plan Amendment application
(ROPA 98-002), as submitted by James and Gladys Millson to permit the severance
of a dwelling surplus to a farm operation;
3. THAT the application to amend the Clarington Official Plan submitted by James and
Gladys Millson be APPROVED as provided for in Amendment No. 12 to the
Clarington Official Plan, as detailed in Attachment No. 3 to this Report;
4. THAT the necessary By-law to adopt Amendment No. 12 to the Clarington Official
Plan, be passed and that Amendment No. 12 to the Clarington Official Plan be
forwarded to the Regional Municipality of Durham for approval; and
5. THAT the Durham Region Planning Department and all interested parties listed in
this report and any delegations be advised of Council's decision.
APPLICATION DETAILS
1.1 Applicant and Owner:
1.2 Regional Official Plan Amendment:
James and Gladys Millson
Permanent Agricultural Reserve subject to
Section 14.3 (Oak Ridges Moraine) to a
FILE #: COPA 98-002
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REPORT NO.: PD-139-98
1.3 Clarington Official Plan Amendment:
1.4 Area
2. LOCATION
PAGE2
designation appropriate to permit the
severance of a dwelling surplus to a farm
operation.
Prime Agricultural Area subject to Section
14.6 (Oak Ridges Moraine) to a
designation appropriate to permit the
severance of a dwelling surplus to a farm
operation.
0.6 ha portion of a 41.25 ha parcel
2.1 The subject lands are located in Part of Lots 25 and 26, Concession 7, former
Township of Darlington. The property has the following municipal address: 7466
Solina Road. It is located on the west side of Solina Road between Concession
Road 7 and Regional Road 3.
3. BACKGROUND
3.1 On March 25, 1998, Staff received a request from the Region of Durham to respond
to an application to amend the Durham Region Official Plan. Staff circulated the
application to various agencies for their comments on April 14, 1998.
3.2 On September 21, 1998, Staff held a Public Meeting for the subject application. At
this meeting, no persons opposed this application.
3.3 The Region of Durham held the statutory Public Meeting for the Durham Region
Official Plan Amendment application on April 14, 1998. They are waiting for the
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REPORT NO.: PD-139-98
4.
4.1
PAGE 3
Municipality's final comments and recommendation prior to the Region taking
forth a recommendation report to Planning Committee.
EXISTING AND SURROUNDING USES
Existing Use: A residential dwelling (est. 1895) and the remainder of
the lands are being used for agricultural crops.
Surrounding Uses: North -
South -
East -
West -
Agricultural and rural residential
Agricultural
Agricultural
Agricultural
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 "Permanent
Agricultural Reserve subject to Section 14.3 (Major Open Space System)". This dual
designation was applied in recognition of the agricultural potential of this portion of
the Oak Ridges Moraine. Lands so designated shall be used primarily for
agricultural purposes.
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REPORT NO.: PD-139-98
PAGE4
6.2 The agricultural policies in the Durham Region Official Plan state that a surplus
dwelling may be severed if a farmer merges abutting farms into a single parcel. In
that the applicant does not want to merge the parcels, an application for an
amendment to the Durham Region Official Plan (ROPA 98-002) has been
submitted.
6.3 Clarington Official Plan
Within the Clarington Official Plan, the subject lands are designated "Prime
Agricultural Area subject to Section 14.6 (Oak Ridges Moraine)" in conformity with
the dual designation in the Regional Official Plan. Lands designated "Prime
Agricultural Area" shall be used for farm purposes.
6.4 Section 13.3.8 of the Clarington Official Plan states that:
"The Municipality encourages the consolidation of farms wherever possible.
Dwellings which are rendered surplus as a result of the consolidation of abutting
farms may be severed provided:
(a) the farms are merged into a single parcel;
(b) the dwelling to be severed is not required for farm employees; and
(c) the surplus dwelling lot is generally less than 0.6 hectares."
The applicant can satisfy conditions b) and c). However, for personal and financial
reasons, the applicant does not want to consolidate the farm parcels into a single
parcel. As such, an amendment to the Clarington Official Plan is required in order
to sever the surplus dwelling from the larger farm parcel.
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REPORT NO.: PD-139-98
PAGE5
7. ZONING BY-LAW
7.1 The subject lands are zoned "Agricultural Exception (A-1)". Farm uses shall prevail
on lands zoned "Agricultural Exception (A-1)". A rural residential use is permitted
within the A-1 zone provided all regulations contained within Section 9.2 of the
Zoning By-law are met.
8. PUBLIC PARTICIPATION
8.1 In accordance with the Municipality's procedures and the requirements of the
Planning Act, notice was given as follows:
• A Public Meeting signs 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 A Public Meeting was held on September 21, 1998 at which time, no one spoke in
opposition to this application.
8.3 Presently, the only comments received to date are from the Durham Federation of
Agriculture who advised in writing that they support this application.
9. AGENCY COMMENTS
9.1 Staff circulated the application to a number of agencies. The following agencies
had no objection to the application:
• Municipality of Clarington Works Department
• Municipality of Clarington Fire Department
• Central Lake Ontario Conservation
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REPORT NO.: PD-139-98
PAGE 6
9.2 The Durham Region Health Department shall be satisfied that the sewage system is
completely contained on the proposed severed property.
10. PROPOSED AMENDMENT
10.1 The applicant wishes to sever a 0.6 ha lot from a 41.25 ha agricultural parcel. The
applicants state that the dwelling is surplus to their needs. The Clarington Official
Plan allows the conveyance of a lot supporting a surplus farm dwelling from an
agricultural parcel if the subject agricultural parcel melds with a second farm parcel,
creating one larger farm parcel. The applicants own abutting parcels and could
meld the land, however, for personal and financial reasons, the applicants do not
want to meld the farm parcels. It is the Millsons' wish to keep all farm parcels as
separate land holdings (refer to Section 11.2 and 11.3).
10.2 The proposed amendment, as submitted by the applicant, can be referred to in
Attachment No. 2 to this report.
11. STAFF COMMENTS
11.1 The house proposed to be severed from the property was built in 1895. This
complies with the provision within the Provincial Policy Statement whereby only
homes built prior to 1978 may be severed from a farm as a surplus dwelling. The
Provincial Policy Statement permits the removal of a surplus dwelling if additional
farm parcels have been acquired and that they are operated as one farm operation.
It is noted that Provincial Policy does not require the legal consolidation of
ownership, just that the parcels be farmed as one farm operation.
11.2 In support of the application, Mr. and Mrs. Millson state that they have purchased 3
farms since 1976 and now they operate a Heifer Raising Operation and a Dairy
Operation. The Millson's state that amalgamation of the operations would make it
difficult to manage the farms in a co-operative venture, and that "the merging of
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REPORT NO.: PD-139-98
PAGE 7
farm parcels when taken to the extreme becomes an encumbrance on the
management and flexibility of the farm business and is detrimental to the viability of
the farm itself." In addition, it is their desire to keep these operations separate so
that they can pass these businesses on as separate entities to their children.
11.3 Upon purchase of the individual farm parcels, the Millson's offered the retiring
farmers on two of those farm parcels lifetime leases if they remain in the existing
farmhouses. The Millson's state that this action eliminated the need to create two
(2) additional farm retirement lots. The Millson's live in the homestead of the third
farm. Acceptance of the lifetime lease arrangements have resulted in the potential
for two fewer retirement lots to be created hence ensuring that additional land was
not removed from agricultural production. This reflects good stewardship and
responsible management of agricultural land.
11.4 Lands, which the applicant proposes to sever, include the surplus house, an unused
barn, garage and "open-front shelter". In accordance with the Municipality's
Zoning By-law, a barn cannot be located on a residential property and the accessory
structures must also comply with the provisions of the by-law. The Millson's have
made arrangements to demolish the barn and the "open-front shelter", hence
ensuring compliance with the regulations of the Comprehensive Zoning By-law.
11.5 In support of the application, Dale Toombs (Agriculture and Rural Land Use
Consulting) prepared an Agricultural Assessment which provides information
regarding the Millson'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 170 hectares. Three of
the previous parcels were operated as farms. The fourth parcel is wooded and is
used to supply cedar fence posts for the farm operation. Mr. Toombs notes that the
Millson's have operated a dairy farm since 1976 and that there is no need for year-
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REPORT NO.: PD-139-98
PAGE 8
round housing accommodation for farm employees, other than the owners. Mr.
Toombs also states that in his opinion, the application complies with the Provincial
Policy Statement and with the Minimum Distance Separation regulations. Staff
concur with this assessment.
12. RECOMMENDATIONS
12.1 The Millson's have provided good rationale in support of their application. In light
of the above comments detailed in Section 11 of this report, Staff is of the opinion
that this is a valid request to amend the Clarington Official Plan. It is Staff's opinion
that this amendment will not offend the intent of the Official Plan, and we,
therefore, recommend that the amendment, as shown in Attachment No. 3, be
approved as Amendment No. 12 to the Clarington Official Plan.
Respectfully submitted,
~ ~ - (--~~. L~
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
Reviewed by,
~~ ~-~-~ ~
Chief Administrative Officer
HB*DC*FW*df
16 November 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Amendment as Proposed by Applicant
Attachment No. 3 - Amendment #12
Interested parties to be notified of Council and Committee's decision:
James and Gladys Millson
6899 Solina Road
R.R.#1
ENNISKILLEN, Ontario
LOB 1J0
Dale Toombs
Agricultural and Rural Land Use Consulting
15 Walker Street
LINDSAY, Ontario
K9V 5Z8
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ATTACHMENT ~1
SU 6J ECT IAN DS
LANDS TO BE SEVERED
OTHER LANDS OWNED BY APPLICANT
i i SOT ~7 26 i 25 ;,
COPA 98-002
ROPA 98-002
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DARLINGTON
KEY MAP
ATTACHMENT 82
r-..u0`=rC AfP'?n CY71e+~`„ QT t~n~ C I ar l "lgtCn ,i'-T l ~ 1 a i P an--
• R~: NppllC3tIJY? fo!" .~..e`:e CanCe, ,i3meS a!~,.d G!aC!yS till 715v:'i
=45~ volina Rd. fi8'~9 Selina Rd.
!`J. Pt. Lot 25. +~on, 7 Ennisr:illan. Ontario
Former Twp. of Darlington LOP '~~u z~05-Zn3.-218s
Proposal to Add New Policy -- Marn'n 12, "9`3~.
Policy No. 15.3,8
The f~luni;ipality encourages the ccnsolidatior. or far~as
wherever possible. Dwelli~,lgs which are rendered surplus
as a result of the consolidation of abutting farms rna;~ ke
severed provided:
ai the farms are merged into a sir:g~e parcel;
bl the dweliin9 tc be severed is nog required for farm
employees; and
c) the sarcius dwelling lot is genera";lv less tr~an C!.E
Hectares
Polito PJC. 1.;.3.9
~JOtwitk!st.anaing Section 13.3.5, the removal by severance
of a dvael;lna which is rendered sarolus as a result of
the acqul s : ti on cf Yvon-abutting farrrs o;a_; be permi tt~d b'
amedment. tc this P': an. orevided:
a) a retirement or infra-family lot was not previously
severed sir,re January 1, 1974;
b) the farm to be acquired ~s a minimum of 4O hectares;
::) t~!e dr.ei'~irc to 'oe se~:ered is not required for farm
ernp ~ oyees ;
d~ the surplus dwelling lot is generally less than O.C
1,ectares; and
ej it ~-s registered on title that once a surplus
dwelling lot is severed. r:o further severance i;;
ADD: permitted =tom the parcel ;or re~tire~nent purpc,sEs.
Policy No. 13.3.10
Notwithstanding Section 13.3.8, the removal by severance
of a dwelling which is rendered surplus as a result of
the acquisit-ion of abutting farms without melding the
parcels may be allowed in agricultural areas by amendment
to this Plan provided:
a) a retirement cr infra-family lot was not previously
severed since January 1, 1974;
b) the farm to be ecquired is a minimum of 40 hectares;
c:) the dwelling tc be severed is not required for farm
employees;
d) the surplus dwelling lot is generally less than J.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.
The following severances have been considered by
amendment to this Plan and are permitted:
a) A surplus farm dwelling as severed Pram a parcel
identified as Assessment tJo, 01 0-160 -1 4'00-G00..~ l,ca,:ead
in Part Lots 25 ~ 26, Concession 7, former Township of
Darlington, Municipality of Clarington.
0/ ~
ATTACHMENT ff3
AMENDMENT NO. 12
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit
the severance of a surplus farm dwelling located in Part Lot 25,
Concession 7, formerTownship of Darlington.
BASIS: The Amendment is based on an application submitted by James and
Gladys Millson to permit the creation of a surplus dwelling lot from a
41.25 hectare farm parcel. The 41.25 hectare farm parcel is a
component of a larger farm operation. Council is satisfied that the
applicant is operating a bona-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:
1) by adding the following exception to Table 13.1 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 Assessment No. Legal Description Area of Surplus Area of Remainder
No. Dwelling Lot (ha) of Land (ha)
2 010-160-14300- Part Lot 25, Conc. 7, 0.6 40.69
0000 (1998) former Township of
Darlin ton
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.
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