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Home My WebLink AboutPD-74-96DN: FARM- RE,GPTHE CORPORATION OF THEE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # �- `C�. ("c)� 1996 21 M d uesay, May , Date: T Res. h �d - rm Report #: PD -74 -96 File #: ROPA 96 -001 By -law # Subject: PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN TO PERMIT FARM - RELATED INDUSTRIAL USES IN AGRICULTURAL AREAS FILE: ROPA 96 -001 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -74 -96 be received; 2. THAT Report PD -74 -96 be approved as the comments of the Municipality of Clarington on the proposed amendment to the Durham Regional Official Plan regarding farm - related industrial uses in the agricultural areas; 3. THAT a copy of this report be forwarded to the Durham Regional Planning Department; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision, 1. PURPOSE 1.1 In January of 1996, the Regional Planning Committee directed the staff of the Regional Planning Department to undertake the processing of a proposed amendment to the Regional Official Plan regarding farm - related industrial uses in the agricultural areas. The proposed amendment (See Attachment # 1) has been circulated to all local municipalities for comment. A Public Meeting was held on April 16, 1996 in order to obtain public input on the proposed amendment. The purpose of this report is to provide comments on the proposed amendment. ....2 526 REPORT NO. PD -74 -96 PAGE 2 2. BACKGROUND 2.1 Section 12 of the Regional Official Plan provides the policy framework for the agriculturally designated areas of Durham Region. Section 12.3.8 currently allows farm - related industrial uses, such as grain drying and storage of farm produce, by amendment to the Plan. The rationale was that the amendment requirement would assist in the protection of good agricultural land by providing for a site specific examination of proposed farm - related industrial uses. 2.2 However, the Region has undertaken a further examination of the nature of farm related industries. The examination has revealed that farm - related industrial uses such as stand alone saw mills, wineries and farm implement and equipment dealerships are: • an important element of a healthy and productive agricultural community; • a significant component of the Region's economic base; • a significant contributor to the economic viability of agricultural industry by providing important services and employment opportunities. 2.3 Given that the foregoing examples of farm - related industrial uses may form a significant part of the agricultural community and economy, the Regional Official Plan is being re- examined to consider the planning merits of allowing such uses in the agricultural areas without the necessity of a Regional Official Plan amendment. 3. AGENCY COMMENTS 3.1 The proposed amendment to the Durham Regional Official Plan was circulated to the Municipality of Clarington Public Works and Fire Departments in order to obtain any relevant comments or concerns. Both of these Departments indicated that they had no objections to the proposed amendment to the Durham Regional Official Plan. 527 ....3 REPORT NO, PD -74 -96 PAGE 3 4. STAFF COMMENTS 4.1 The proposed amendment to the Regional Official Plan has been reviewed in relation to the potential planning implications on the Municipality of Clarington with particular emphasis on the Council- adopted Clarington Official Plan. 4.2 The amendment would delete the existing Section 12.3.8 and replace it in its entirety with a new policy. The major changes made by the amendment would be: (i) An amendment to the Durham Regional Official Plan is not required; only a site specific zoning application is required. (ii) Locational criteria are provided for the evaluation of the zoning application. (iii) Farm - related industrial uses are permitted in any Agricultural designation and the Major Open Space System save and except valleylands and waterfronts. (iv) A severance can be granted for a farm - related industrial use. 4.3 With respect to the first item noted in the foregoing paragraph, staff have no objections to the amendment since any proposal within the rural areas for a farm - related industrial use would still need to comply with the local zoning by -law. As a result, the Planning and Development Department still has an opportunity for a site specific review of any proposal for a farm - related industrial use. 4.4 Upon reviewing the locational criteria, staff are satisfied that the criteria are appropriate and will aid in the minimization of land use conflicts. The locational criteria require farm - related industrial uses to: • minimize the use of good agricultural land • conform with the provincial Minimum Distance Separation formulae • conform with the provincial Land Use Compatibility guidelines W n REPORT NO. PD -74 -96 PAGE 4 • be located on an open public road but not a Type "A" arterial road • comply with the requirements of the Region and the Province with respect to private wells and private waste disposal systems • be zoned in a special zoning category 4.5 Staff note that the amendment would permit farm - related industrial uses in any Agricultural designation and the Major Open Space System save and except valleylands and waterfronts in the Regional Official Plan. The Council- adopted Clarington Official Plan currently would permit farm - related industrial uses only in General Agricultural areas subject to the provisions of Section 13.3.3. Proposals for a farm - related industrial use in the Prime Agricultural areas would still be subject to an amendment to the local Official Plan. The local Official Plan may be more restrictive than the Regional Official Plan in cases such as these. 4.6 With respect to the change to permit the severance of a farm - related industrial use, staff concur that this is appropriate and necessary to implement the proposed policy allowing such uses. With the previously noted locational criteria serving to minimize land use conflicts with abutting properties, the severance enables the farm - related industrial use to be separated from other land holdings. 4.7 Finally, staff note that the amendment to the Regional Official Plan will necessitate two modifications to the Council- adopted Clarington Official Plan. Firstly, Section 13.3.6, which currently provides examples of farm-related industrial uses, will need to be modified to provide locational criteria. The second modification is required to Section 14.5.1 to indicate that farm - related industrial uses would be permitted within the Green Space designation subject to the locational criteria contained in the newly modified Section 13.3.6. ....5 5.29 REPORT NO. PD -74 -96 PAGE 5 5. CONCLUSION 5.1 In consideration of the comments contained within this report, the Municipality of Clarington Planning and Development Department has no objection to the proposed amendment to the Durham Regional Official Plan. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development WM *DC *FW *cc Reviewed by, W. H. St ckwell Chief Administrative Officer Attachment #1 - Proposed Amendment to the Durham Regional Official Plan. May 10, 1996 530 Attachment + 1 Attachment No. 1 Proposed Amendment to the Durham Regional Official Plan Purpose: The purpose of this Amendment to the Durham Regional Official Plan is to facilitate the location of farm - related industrial uses. within agricultural areas by eliminating the requirement for a Regional Official Plan amendment. Criteria included in the proposed amendment will guide area municipal planning decisions. Basis: The location of farm - related industrial uses within agricultural areas is consistent with the provincial policy and the goals of the Durham Plan, provided proposals meet certain criteria. There is no value added for the Region to require a Regional Official Plan amendment. Actual Amendments: The Durham Regional Official Plan is hereby amended as follows: 1 • by deleting Subsection 12.3.8 within Section 12 Agricultural Areas in its entirety and replacing it with the following: 12.3.8 Notwithstanding Section 12.3.2, farm - related industrial uses that support and directly service agriculture, and require locations in proximity to farm operations may locate in Agricultural Areas. Farm - related industrial uses include uses such as grain drying and storage for farm produce. The development of farm - related industrial uses in Agricultural Areas-,shall: 1. minimize the use of good agricultural land; 2. conform with provincial Minimum Distance Separation requirements; 531 3. comply with provincial Land Use Compatibility guidelines; 4. be located on an existing opened public road, but shall not have access to a Type "A" arterial road as designated on Map "B "; 5. lots shall be serviced with an individual private waste disposal system and an individual private drilled well which meet Provincial and Regional standards; and 6. shall be zoned in a special zoning category for the use." 2. by deleting Subsection 20.7.12 within Section 20 Implementation in its entirety and replacing it with the following: "20.7.12 In Agricultural Areas, and the Major Open Space System, any severance applications for agricultural; farm- related uses, and farm - related industrial uses shall be permitted in accordance with Sections 12.3.8, 12.3.9, 12.3.10, 12.3.11, 12.3.12, 12.3.13 and 12.3.15." Implementation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. 532