HomeMy WebLinkAboutPSD-048-12 Gafiflgt011 REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 12, 2012 Resolution#: 4 10kq- 7- /V By-law#:
Report#: PSD-048-12 File#: ZBA 2012-0016 (X-REF: LID 2012-087)
Subject: AN APPLICATION BY DOREEN WALLRAFF TO CHANGE THE ZONING ON A
RECENTLY SEVERED FARM PARCEL OF LAND TO PROHIBIT NEW
RESIDENTIAL USES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-048-12 be received;
2. THAT provided no significant objections are received, the application for Zoning By-law
Amendment submitted on behalf of Doreen Ruth Wallraff be approved;
3. THAT the Durham Regional Planning Department, the Durham Regional Land Division
Committee, and Municipal Property Assessment Corporation be forwarded a copy of
Report PSD-048-12 and Council's decision; and
4. THAT all interested parties listed in Report PSD-048-12 and any delegations be advised
of Council's decision.
Submitted by: Reviewed
Y
avi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
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5 November 2012
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T905-623-3379
REPORT NO.: PSD-048-12 Page 2
1. APPLICATION DETAILS
1.1 Applicant: Michael L. Fowler, Solicitor
1.2 Owner: Doreen Ruth Wallraff
1.3 Proposal: The Applicant proposes to rezone a total of 41.2 ha of farm land to prohibit
residential uses. This will facilitate the severance of a 0.78 ha surplus
residential lot which was rendered surplus as a result of a consolidation
with abutting farm property to the east.
1.4 Area: 41.2 ha
1.5 Location: Part Lot 18, Concession 6, former Township of Darlington, 6525 Old
Scugog Road, Bowmanville
2. BACKGROUND
2.1 The Applicant, Doreen Wallraff, owns a property of approximately 42 ha at 6525 Old
Scugog Road. Kobes Nurseries, Inc. owns a 35.6 ha property at 6878 Regional Rd 57,
abutting Ms. Wallraff's property to the east, as well as several other properties, totalling
361.26 acres. Ms. Wallraff is seeking to sell 41.2 ha of her Old Scugog Road property
to Kobes Nurseries, Inc., retaining a 0.78 ha surplus residential lot to accommodate her
existing house, septic system, and landscaping.
2.2 On September 10, 2012, Durham Land Division Committee granted conditional
approval to Ms. Wallraff's request to sever a 0.78 ha surplus dwelling lot surrounding
her existing house, and to permit the balance of the lands to meld with the parcel to the
east.
In order to satisfy the requirements of the Region of Durham Planning Department, one
of the conditions of approval for the severance was that the retained farm property (41.2
ha) must be rezoned to prohibit the establishment of future residential uses.
2.3 Consequently, on September 12, 2012, Doreen Wallraff submitted an application for
rezoning as partial fulfilment of the conditional approval granted by the Durham
Regional Land Division Committee for the severance of the 0.78 ha surplus residential
lot from the 42 ha farm property.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The 42 ha parcel has two existing dwellings fronting on Old Scugog Road. One is in the
vicinity of the barn, approximately 360 metres south of Concession Road 7, while the
second, or surplus dwelling, is approximately 400 metres further south as shown below.
The surplus dwelling is at the front of the woodlot portion of the property. At present, the
agricultural lands on the property are being farmed.
REPORT NO.: PSD-048-12 PAGE 3
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View of lands to be melded with Kobes' abutting property to the east
3.2 The surrounding uses are as follows:
North - Agricultural
South - Agricultural
- - East = - Agricultural -- - - -- -- --
West - Agricultural
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement permits lot creation for a residence surplus to a farm
operation as the result of farm consolidation provided that the local planning authorities
ensure that new residential dwellings are prohibited on any remnant parcel of farmland
created by the severance.
REPORT NO.: PSD-048-12 PAGE 4
In order to comply with the Provincial Policy Statement, this application is being sought
to prohibit new residential uses on the remnant parcel of farmland created by the
severance.
4.2 Greenbelt Plan
The Greenbelt Plan permits the severance of a residence surplus to a farming operation
as a result of a farm consolidation where the residence was an existing use as of the
date the Greenbelt Plan came into force. Additionally, the local planning authority must
ensure that no new residential dwellings are permitted on the agricultural lot created by
the severance.
The existing residence, located on the severed lot was built in 1975 and therefore has
been a legally existing use since before the Greenbelt Plan came into force in 2004 and
this application is being sought to prohibit new residential uses on the severed lands.
4.3 Provincial Growth Plan
The Provincial Growth Plan states that residential development should be directed to
settlement areas.
Consequently, rezoning these lands to prohibit residential uses is consistent with the
Provincial Growth Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates this property as "Prime Agricultural
Areas." Pursuant to section 9A.2.9 of the Regional Official Plan, the severance of a
dwelling rendered surplus as a result of the consolidation of abutting farms is permitted
subject to the following criteria:
• The farms are merged into a single parcel;
The dwelling is not needed for a farm employee;
• Within the Protected Countryside of the Greenbelt Plan Area, the dwelling was in
existence as of December 16, 2004; and
• The farm parcel to be acquired is zoned to prohibit any further severance and the
establishment of any residential dwelling.
Additionally, the creation of lots shall comply with the Minimum Distance Separation
formulae.
These criteria are reviewed and commented on in Section 9 of this report.
REPORT NO.: PSD-048-12 PAGE 5
5.2 Clarington Official Plan
5.2.1 The Clarington Official Plan designates the property as "Prime Agricultural Area". Within
the Clarington Official Plan, the severances of dwellings which are rendered surplus as
a result of the consolidation of abutting farms may be permitted subject to the following
criteria:
• The farms are merged into a single parcel;
• The dwelling to be severed is not required for farm employees; and
• The surplus dwelling lot is generally less than 0.6 ha.
At approximately 0.78 ha the proposed surplus dwelling lot exceeds the 0.6 ha
recommended surplus lot size. This item is reviewed in Section 9 of this report.
5.2.2 The applicant's property includes Significant Woodlands in the southeast corner of the
property, extending northwest to the rear of the proposed surplus dwelling lot. Based
on the presence of this natural heritage feature, the Clarington Official Plan states that
development applications, such as land division and rezoning applications within or
abutting a natural feature, shall require an Environmental Impact Study (EIS). Part of
the purpose of the EIS is to identify the limits of the natural heritage features and how to
mitigate the effects of the proposed development upon these features.
No new development is proposed through this rezoning thus an Environmental Impact
Study is not required. The property line of the surplus dwelling lot to be severed has
been determined in consultation with the Conservation Authority as part of the original
Land Division application.
5.2.3 The application conforms to the Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)".
In order to comply with the Clarington Official Plan and other aforementioned plans and
policy, this property will be rezoned to "Agricultural Exception (A-81)", an existing
- Agricultural Exception Zone which allows only non-residential uses.This will render the
dwelling that is currently on the property as a legal non-conforming use as per section
3.7.a of the Zoning By-law.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
Public meeting signs were installed on the property. Both the notice and the sign were
mailed and erected prior to the public meeting to comply with the Official Plan and
Planning Act requirements. No inquiries on the application were received from the
public at the time of the writing of this report.
REPORT NO.: PSD-048-12 PAGE 6
8. AGENCY COMMENTS
8.1 The application and supporting documentation were circulated to a limited number of
agencies for review and comment. The Regional Planning Department and the
Regional Health Department advised they have no objection to the proposed rezoning.
9. DEPARTMENTAL COMMENTS
9.1 Engineering Services
Engineering Services Department have no objections to the proposed rezoning.
10. DISCUSSION
10.1 The Wallraff farm is approximately 42 ha with farm structures, as well as two residential
dwellings, one of which is surplus to Kobes' anticipated future needs (the surplus
dwelling). Kobes Nurseries Inc. owns the abutting property to the east, Part Lot 17,
Concession 6, which consists of 35.6 ha of land with approximately 33 ha being
workable land. On this property, there are farm buildings and structures, as well as a
residence occupied by seasonal migrant workers. The combined parcel will be a single
parcel of approximately 77 ha.
10.2 The residential lot severance is approximately 0.78 ha in size. The Clarington Official
Plan requires that the lot size of a surplus dwelling severance be generally less than 0.6
ha. However, Staff supported the applicant in the original land division application that
the larger lot size requested was necessary in order to include the existing house,
driveway, septic system and landscaping. It meets the intent of the Official Plan.
10.3 As a condition of the severance approved by the Durham Regional Land Division
Committee, the Applicant's 41.2 ha retained farm parcel that is to be melded with
Kobes' abutting 35.6 ha property to the east must be rezoned to prohibit any future
residential development.
10.4 The proposed rezoning conforms with the Provincial Policy Statement, the Greenbelt
Plan, the Durham Regional Official Plan, and the Clarington Official Plan. This
application is the last step in the process to sever the surplus dwelling lot. There have
been no objections to this application from any of the circulated agencies and no
comments received from the public. This application will prohibit any future residential
uses from being established on the retained lands (41.2 ha) that will be melded with the
abutting Kobes property and will permit the severance of a surplus residential dwelling
lot (0.78 ha). Therefore, Staff support this application to amend Zoning By-law 84-63.
11. CONCURRENCE — Not Applicable
REPORT NO.: PSD-048-12 PAGE 7
12. CONCLUSION
12.1 Based on the comments provided in this report, it is respectfully recommended that the
rezoning application be APPROVED.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Kristy Kilbourne, Planner 1, Special Projects Branch
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law
List of interested parties to be advised of Council's decision:
Doreen Ruth Wallraff
Kobes Nurseries Inc.
Attachment 1
To Report PSD-048-12
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Attachment 2
To Report PSD-048-12
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2012-
being a By-law to amend Zoning By-law 84-63,for the Corporation of the
Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2012-0016;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural Exception (A-1) Zone" to
"Agricultural Exception (A-81) Zone" as illustrated on the attached Schedule "A"
hereto.
2. Schedule"A"attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed in open session this day of 2012
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2012- ,
passed this day of , 2012 A.D.
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CONCESSION ROAD 7
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Zoning Change From"A-1"To"A-81"
® Zoning To Remain"A-1"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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