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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 ~~~ 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 b0~ 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. bdU 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. ob7 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 bUi3 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 b b '~ 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- b%~ 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 b~~ 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 J O Z Z 0 w Z CO U 1 ~~ ~ ii N I I ~ I I I I tol l II NI Q II ~I ~ II II OI Q I I J I I Z J Qii WI N ~ ~I J ~ i : ~: ::: ~:::•:: ~: : 0 I . . . . . . (~ i•i:•r:•r:•rr:~:•r:i~:c:i{•r:•r:~:_:•r:i•rr:ti•ri}; {: ~ Z I :•:::•:: _:•::•::•:::•:::•:: ~:•::•::•::•::•:::•:::::•:•:: :•:• ~ c~ 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. _ , 0 I `~