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Home My WebLink AboutPSD-057-03 fl . ~ '- Cl!Jl-!lJgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-057-03 jXJ(OP File #: COPA 2003-002 (ROPA 2003-002) 0f1l-J..'Il-o :3 By-law #: Date: Monday, June 2, 2003 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-057-03 be received; 2. THAT the application to amend the Clarington Official Plan, submitted by Robert Craig on behalf of 1494392 Ontario Limited (Vissers Sod Farm) be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Davi J rome, M.C.I.P.,R.P.P. Direc r, Planning Services -~~- .kI nklin Wu /0 /Chief Administrative Officer BR*CP*DJC*df 23 May 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3AB T (905)623-3379 F (905)623-0830 601 '-. REPORT NO.: PSD-057-03 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 as a result of the acquisition of abutting farms that are proposed to remain separate. 1.5 Area: 0.424 hectare (1.05 ac) portion of a 56.4 hectare (139.36 ac) property 1.6 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. The more formal location description is Part Lot 35, Concession 5, former Township of Clarke (See Attachment 1). 2.0 BACKGROUND 2.1 On April 1, 2003, the Planning Services Department received an application to amend the Clarington Official Plan. On April 14, 2003, an application to amend 602 '- REPORT NO.: PSD-Q57-Q3 PAGE 3 the Durham Regional Official Plan (OPA 2003-002) was circulated for agency comments. Approval of both Official Plan Amendments is pre-requisite for the submission of the Land Division application, which has yet to occur. 2.2 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 abuts the subject lands to the south and the east (see Attachment 1). Another property is immediately west across Durham Regional Road 42. 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. 2.3 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. Visser has been charged by the local conservation authority and the Department of Fisheries and Oceans. Staff will review these issues with By-law Enforcement to ensure approval of the Official Plan Amendment does not negatively impact on the Municipality's court action. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The proposed severed portion of the property has a dwelling, a detached garage and the foundation of a former greenhouse. The proposed retained portion of the property (large majority of the farm) contains, immediately to the east of the proposed severed portion, a greenhouse 603 '-~ REPORT NO,: PSD-Q57-Q3 PAGE 4 which is proposed to be demolished. South of the proposed severed portion is a "bam", intended to be used as a farm equipment storage shed. The south end of the shed is open for farm equipment storage and south of the farm equipment storage shed is a concrete pad for the outside parking of farm equipment (see Attachment 2). 3.2 The surrounding land uses are as follows: North - Regional Road 4 and beyond, Rural Residential South - retained property - sod farm East - retained property - sod farm West - Regional Road 42 and beyond, Woodlot and Rural Residential 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and public notice signs were installed on the Regional Roads 4 and 42 frontages. 4.2 As a result of the public notification process, to date, the Planning Services Department has received a counter and telephone inquiry, from the tenant in the dwelling that is proposed surplus, seeking clarification of the application. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The site is designated "Major Open Space" in the Durham Regional Official Plan. 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-abutting farm. The proposed severance would create a new non-farm residential lot and a vacant agricultural parcel, separate from the applicant's abutting land holdings. 604 '- REPORT NO.: PSD-Q57-Q3 PAGE 5 The proposal is therefore contrary to the policies of Section 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 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 (Policy 13.3.8a). The severance may be permitted, but only by amendment to the Plan. 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 provisions of the "An zone require the creation of a residential lot to comply with the RH Zone provisions. The proposed surplus dwelling would comply. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows. 7.2 The Regional Health Department and the Clarington Engineering Services Department had no objection. 7.3 Comments remain outstanding from Central Lake Ontario Conservation, Regional Planning Department and Regional Works Department. 605 ,~ REPORT NO.: PSD-Q57-Q3 PAGE 6 8.0 STAFF COMMENTS 8.1 Although the applicant has acquired abutting parcels from the Eikens family, the Vissers do not want to consolidate these parcels. It is proposed that the two parcels remain separate. 8.2 As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Air Photo of the Proposed Severed Parcel Attachment 3 - Proposed Clarington Official Plan Amendment Interested parties to be notified of Council's decision: Robert Craig 41 00 Lib~rty Street North Bowmanville, ON L 1 C 3K6 Mr. Laracy 2523 Regional Road 42 Orono, ON LOB 1 MO 606 ... AITACHMENT 1 TAUNTON ROAD (DURHAM ROAD 4) 71,2 244,05 "' en "' "' 00 en 105,31 '" o C5 a:: w z :::i Z,..... 3="1 0'" ~!ii! W~~ ~~~ :50:: ()=> Ie z ~ z :::i a:: ~ Lands to be Separated Including Existing House Area= 4236.4sq.m, La nds to be Reta i ned Area= 56,4ha, N q "' ,., --- Area of Watercourse Filled in by Applicant Li',gl';'~ Area of Woodlot Cleared by Applicant LOT 35 CONC. 5 ~ Watercourse .... 145.43 "": '" 275,18 J Clarke COPA 2003-002 Clarington Official Plan Amendment Other Lands Owned By Applicant o '" o Other lands n::: Owned By ;:;;:: Applicant CQ I ROPA 2003-002 Regional Official Plan Amendment o ~ Owner: 1494392 Ontario Limited Vissers Sod Farm 607 .. ATTACHMENT 2 Clarington Official Plan Amendment 2003-002 Regional Official Plan Amendment 2003-002 Owner: 14943292 Ontario Limited, Vissers Sod Farm . / tl8 Ol.l .. iD)~rPLr _ATTACHMENT 3 AMEN TO THE CLARlN T FFICIAL PLAN PURPOSE: <) To amend the Official PI~the Municipality ofClarington to pennit 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 I, 1974. The proposed lot is located in Part Lot 35 Concession 5, former Township of Clarke 2523 Regional Road 42. BASIS: The Amendment is based on an application submitted by Tony & Thea Visser to permit the creation of a surplus dwelling lot from 56.2 hectare farm parcel. The approval of this application is based on commitments made by the applicant and others as follows: _ The applicant has agreed to the dedication of a 0.3 metre reserve as a condition of land severance; _ The applicant and proposed purchaser have agreed not to object to any future rezoning which would prohibit residential uses on the subject lands. Council is satisfied that applicant is operating a bona-fide farm operation and that this amendment meets the intent of the Official Plan and fulfills the objective of preserving agricultural land. I ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By adding the following exception to Table 13.1 as follows: TABLE 13.1 SURPLUS FARM DWELLING LOT EXCEPTIONS Exception Assessment No. Legal Description Area of Surplus Dwelling Lot Area of Remainder of Land 03005021500 0000 Part lot 35 Cone 5. ,425 Ha (2003) fonner Township of Clarke, 2523 Regional Road 42 56.4 Ha IMPLEMENT A TION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implement ofthe Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended regarding the interpretation ofthe Plan, shall apply in regard to the amendment. 609