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HomeMy WebLinkAboutPSD-049-05 Cl~-Wgton REPORT PLANNING SERVICES ,. Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-049-05 File #: COPA 2003-002 & ROPA 2003-002 {<esI{;fIl"nl-6~ By-law #: ciwo $'~ o:5q Monday, April 11 ,2005 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: 1494392 ONTARIO LIMITED (VISSERS SOD FARM) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-05 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Regional Official Plan (ROPA 2003-002) as submitted by Robert Craig on behalf of Tony and Thea Vissers, to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation, be approved; 3. THAT Amendment No. 42 to the Clarington Official Plan as submitted by Robert Craig on behalf of Tony and Thea Vissers, to permit the severance of a surplus dwelling deemed surplus to the farm operation, be ADOPTED as indicated in Attachment 2 to this report and that the necessary by-law contained in Attachment 3 be passed; and further that the amendment be forwarded to the Regional Municipality of Durham for approval; 4. THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-049-05; and 5. THAT all interested parties and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Davi . Crome. M.C.I.P, R.P.P. Director of Planning Services Reviewed by: a ~.-:;-tsk.. ~ Franklin Wu, Chief Administrative Officer BR/CP/lw/lb April 5, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSO-049-oS PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: 1494392 Ontario Limited (Vissers Sod Farm) 1.2 Applicant/Agent: Robert Craig 1.3 Regional Official Plan Amendment: to provide for the creation of a new lot for an existing dwelling deemed surplus to the farm operation. 1.4 Clarington Official Plan Amendment: to provide for the creation of a new lot for an existing dwelling deemed surplus to the farm operation, the only dwelling on the existing property, as a result of the acquisition of abutting farms that are proposed to remain separate and to grant exception to the Official Plan requirement that a retirement or intra-family lot had not been previously severed from the farm since January 1, 1974 1.5 Rezoning: to remain the same 1.6 Area: 0.424 hectare (1.05 acre) portion of a 56.82 hectare (140.41 acre) property 1.7 Location: The area subject to the proposal is located at the southeast corner of Regional Roads 42 and 4 (Darlington-Clarke Townline and Taunton Roads, respectively) or 2523 Regional Road 42, formally described as Part Lot 35, Concession 5, former Township of Clarke. 2.0 BACKGROUND 2.1 On April 1, 2003, the Planning Services Department received an application to amend the Clarington Official Plan to provide for the creation of a new lot for an existing dwelling deemed surplus to an existing 56.82 hectare farm operation. The lot is deemed surplus as a result of the acquisition of abutting farms that are proposed to remain separate. In addition, the application requests exception to the Official Plan requirement that a retirement or intra- family lot had not been previously severed from the farm since January 1, 1974. 2.2 On April 14, 2003, an application to amend the Durham Regional Official Plan (OPA 2003- 002) to provide for the creation of a new lot for an existing dwelling deemed surplus to the farm operation was circulated to Clarington for agency comments. 2.3 Approval of both Official Plan Amendments is pre-requisite for the submission of the Land Division application, which has yet to occur. 2.4 The subject property, also known as the Eikens Farm, was acquired in December 2001 and it contains one dwelling. It is one of six properties owned by the Vissers. One property (Forestry Farm) abuts the subject lands to the south and east (see Attachment 1). Another REPORT NO.: PSO-o49-05 PAGE 3 property (Orono Farm) is immediately west across Durham Regional Road 42. The other properties are near Hampton. The dwelling on the subject property is one of four dwellings owned by the Vissers. The Vissers prepared a letter report describing their six properties and the use of the four dwellings on them. The Vissers prepared a second letter stating the housing situation for their sod farm employees and the non-livestock nature of the "barn" which is an equipment storage shed. 2.5 In March 2002, approximately 8,000 sq. metres of woodlot were cleared and a tributary of the Soper Creek was filled in on this property. These actions led to a Property Standards Order by Municipal By-law Enforcement. In addition, Mr. Vissers was charged by Central Lake Ontario Conservation and the Department of Fisheries and Oceans. However, on February 8, 2005, Authority staff advised that the previous legal actions under the Authority's and the Department's regulations have "come to a close before the Courts" and that they are prepared to comment on the official plan amendments (see Section 7.3 in this report. ) 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The 0.424 hectare portion to be severed has a dwelling and detached garage bounded by regional roads on the west and north. To the east, nearby on the retained property, is the foundation from a greenhouse that has been demolished. To the south, nearby on the retained property is an equipment storage shed, and south of it, a farm equipment parking area. 3.2 The surrounding land uses are as follows: North - South - East - West - Regional Road 4 and beyond, Rural Residential retained property - sod farm retained property - sod farm Regional Road 42 and beyond, Rural Residential 4,0 PROVINCIAL POLICY STATEMENT AND PROVINCIAL GREENBELT PLAN 4.1 Section 2.3.4.1 c) of the 2005 Provincial Policy Statement specifies that a residence deemed to be surplus to a farming operation may be severed from the property creating a new residential lot. The Policy Statement defines a "residential surplus to a farming operation" as "an existing farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation)". The residence located at 2523 Regional Road 42 has been deemed surplus as a result of the owner now possessing six (6) farms and four (4) dwellings. 4.2 This application was filed April 1 ,2003, and precedes Bill 27, and the new Greenbelt Plan. Therefore, the application does not appear to be impacted by the policies of Greenbelt Plan. However, the Rural Area policies of the provincial Greenbelt Plan permits severance of a 'residence surplus to a farming operation' as a result of 'farm REPORT NO.: PSO-049-0S PAGE 4 consolidation'. The application would appear to be consistent with the policies of the Greenbelt Plan. S.O OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the site "Major Open Space". Section 12.3.11 of the Plan allows the severance of a farm dwelling rendered surplus as a result of consolidation of abutting farm parcels. Section 12.3.12 of the Plan also allows, by amendment to the Plan, the severance of a farm dwelling rendered surplus as the result of a farmer acquiring a non-abuttinQ farm. The proposed severance would create a new non- farm residential lot and a vacant agricultural parcel, separate from the applicant's abuttinQ land holdings. The proposal is therefore contrary to the policies of Sections 12.3.11 and 12.3.12, and amendment to the Plan is required. 5.2 The Clarington Official Plan designates the majority of the property Green Space, with the two creek tributary valleys running through the south portion of the property as Environmental Protection Area. An application for official plan amendment is required since the proposal for severance of a surplus dwelling is the result of acquisition of abutting farms that are not to be merged into a single parcel (contrary to Policy 13.3.8a) and since the proposal is on a farm where a retirement or intra-family lot was previously severed from the farm (an intra-family lot -LD 315/89) after January 1, 1974 (contrary to Policy 13.3.9a). The severance may be permitted, but only by amendment to the Plan. The proposal conforms to the other requirements of Policies 13.3.8 and 13.3.9. 6.0 ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Agricultural (A)". The ?rovisions of the "A" zone require the creation of a residential lot to comply with a 4000 m minimum lot area and 30 m minimum frontage consistent with the provisions of the "RH" Zone. The proposed surplus dwelling would comply. 7.0 PUBLIC SUBMISSIONS 7.1 One telephone inquiry was received from the tenant living in the surplus dwelling. He said he was opposed to the proposal but did not give details. 8.0 AGENCY COMMENTS 8.1 The Clarington Official Plan Amendment application was circulated to various agencies and other departments by the Planning Services Department. The Regional Health Department and the Clarington Engineering Services Department had no objection. REPORT NO.: PSO-049-0S PAGE S 8.2 Central Lake Ontario Conservation, originally, in June 2003, provided comments that it could not support the Regional and Clarington Official Plan Amendment applications since the Authority was pursuing two separate charges under Ontario Regulation 145/90, in Provincial Offences Court. Previous legal actions under the Authority and Department of Fisheries and Oceans regulations have come to a close before the Courts. The Authority has more recently advised the dwelling location, at the northwest comer of the property, contains no natural hazard or natural heritage features, and as such, it is advised the Authority has no objections to the proposed official plan amendments. 8.3 The Clarington Municipal Law Division, like the conservation authority, previously objected to approval of the official plan amendments but with the resolution of the property standards order issues and the Vissers file closed, it now has no objections to approval. 9.0 STAFF COMMENTS 9.1 The owner/applicant has acquired abutting property, from the Eikens family, and the Vissers do not want to consolidate these parcels. It is proposed that the two properties remain separate. The applicant/agent will be submitting an application to the Land Division Committee to create the surplus dwelling lot if the two official plan amendment applications are granted. 9.2 An intra-family severance (for a son) was completed on this farm (southwest corner) in 1989 (LD 315/89). Although not granted to the Vissers, the severance record is tied to the land and therefore, according to Clarington Official Plan policy 13.3.9 a) precludes the proposed severance. Hence, this proposed severance would have to be exempted from Policy 13.3.9 a). 9.3 A formal planning report supporting the application was not submitted, however, the applicants have supplied letters explaining their real estate holdings and sod farm operation. The Vissers do not want to be residential landlords yet want to retain the ability to sell and mortgage the Eikens' Farm and "Forestry Farm" distinctly. The Vissers have six (6) properties and there is a house on four of them. Mr. Vissers stated that he and his wife live on one of the Hampton properties, his son and daughter-in-law on another Hampton property, and although currently rented out, another relative will be living on the "Forestry Farm" abutting the Eikens' Farm on the south. The letter notes that the Vissers Family will not use any additional houses and hence, the request for the surplus dwelling severance. The Vissers Nursery and Sod Farm has a surplus of housing and does not require the house at 2523 Regional Road 42 nor does any of the business's employees since all the employees are from Durham Region and still living with their parents, renting, or own their own home. 9.4 The proposed severance will not result in a physical change on the site and it conforms to MDS requirements. The house and detached garage do not represent agricultural use lands. On the other side of the regional roads (north and west) there are non-farm residences. Positioned at the corner of the two regional roads and at the corner of the farm property, the site of the severance is not intruding into farm fields or other aspects of REPORT NO.: PSO-049-05 PAGE 6 the farm operation. 9.5 The approval of this Clarington Official Plan Amendment application and the subsequent Land Division application is based on commitments made by the owner and the applicant as follows: · The owner and the applicant have agreed to the dedication of a 0.3 metre reserve around the retained parcel (farm) with only a 10 metre (non-residence farmland access, one on each frontage) as a condition of land division; and · The owner and applicant have agreed not to object to any future rezoning which would prohibit residential uses on the retained parcel (farm). 9.6 The Finance Department advises the taxes for the subject property have been paid in full. 10.0 CONCLUSION 10.1 Based on the comments contained in this report and the agency comments received, Staff recommends APPROVAL of Amendment No. 42 to the Clarington Official Plan as contained in Attachment 2, to permit the severance of a dwelling surplus to a farm operation. The applicant will be required to obtain a Regional Official Plan Amendment and a consent to sever the surplus dwelling parcel. Attachments Attachment 1: Site Location Key Map and Property Plan Attachment 2: Proposed Amendment No. 42 to the Clarington Official Plan Attachment 3: By-law to Adopt Amendment No. 42 to the Clarington Official Plan List of interested parties to be advised of Council's decision: Mr. Robert Craig Mr. John Laracy Tony and Thea Vissers c ~ 0::: W z :::::i z,..... ~~ ~5! 1..0 N w.oQ:'" ~~~ 0::: N ~Q:~ U:::l Ie z ~ z :::::i 0::: <C C other La nd s Owned By Applicant TAUNTON ROAD (DURHAM ROAD 4) 71.2 244.05 "' ai "' "' <Xl ail05.31 .., Lands to be Separated Including Existing House Area= 4236.4sq.m. Lands to be Retained Area= 56.4ha. LOT 35 CONC. 5 .... 145.43 "": Ol 275.18 Clarke a '" a Other Lands 0::: Owned By Q Applicant ~ I a ~ ATTACHMENT 1 N ~ ~ .., --- Area of Watercourse Filled in by Applicant ~Hil'i~ Area of Woodlot Cleared by Applicant ~ Watercourse J COPA 2003-002 Clarington Official Plan Amendment ROPA 2003-002 Regional Official Plan Amendment Owner: 1494392 Ontario Limited Vissers Sod Farm ATTACHMENT 2 AMENDMENT NO. 42 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the potential severance of a surplus farm dwelling and to grant exception to the requirement that a retirement or intra-family lot had not been previously severed from the farm since January 1, 1974. The proposed lot is located at 2523 Regional Road 42, in Part Lot 35, Concession 5, former Township of Clarke. BASIS: The Amendment is based on an application submitted by Robert Craig on behalf of Tony and Thea Vissers to permit the creation of a surplus dwelling lot from a 56.4 hectare farm parcel. The approval of this application is based on commitments made by the owner and the applicant as follows: . The owner and the applicant have agreed to the dedication of a 0.3 metre reserve around the retained parcel (farm) with only a 10 metre (non-residence farmland access, one on each frontage) as a condition of land division; and . The owner and applicant have agreed not to object to any future rezoning which would prohibit residential uses on the retained parcel (farm). Council is satisfied that the owner is operating a bona-fide farm operation and that this amendment meets the intent of the Official Plan and fulfils the objective of preserving agricultural land. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By adding the following exception In Section 13.3.10 - Table 13"1 as follows: Exception Assessment No. Legal Description Area of Surplus Dwelling Lot (ha) Area of Remainder of Land (ha) 5 P1. Lot 35, Cone. 5, 030-050-21500-0000 former Township of Clarke 0.42 56.4 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. ATTACHMENT 3 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to adopt Amendment No. 42, to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Ciarington deems it advisable to amend the Clarington Official Plan to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 42 to the Clarington Official Plan being attached Explanatory Text is hereby adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk