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HomeMy WebLinkAboutPD-149-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON,ONTARIO LOB 1J0 T.T.EDWAROS, P.,Director TEL.EL.(4(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETINGIOF OCTOBER 17, 1983. REPORT NO. : PD-149-83 SUBJECT: 0.3 METRE RESERVES AS CONDITION OF LAND DIVISION COMMITTEE APPROVALS - FARM-RELATED SEVERANCES RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 • That Report PO-120-83 be received; and 2. That Report PD-149-83 be received; and 3. That the Regional Municipality of Durham be requested to amend the Durham Regional Official Plan in accordance with the proposed amendment included as Attachment 1 to this Report; and 4. That Planning Staff be authorized to incorporate within the Draft Comprehensive Zoning By-law, * the proposed zone provisions included as Attachment 2 to this report ; and 5. That staff be authorized to provide comments to the Regional Land Division Committee in respect of any future applications for farm consolidation severances in accordance with the proposed Official Plan and Zoning By-law amendments. ('k', ` \$ F d . . .2/ REPORT NO. : PO-149-83 Page 2 BACKGROUND: On September 19, 1983, the General Purpose and Administration Committee considered Staff Report PD-120-83. As a result of the Committee's consideration the matter was referred back to staff to convene a meeting with represent- atives of the Agricultural industry, the Ministry of Agriculture and Food Ontario, and the Durham Regional Planning Department. On September 29, 1983, staff met with the following individuals: Mr. Mel Martin and Ms. Pauline O'Brien of the National Farmers Union, Mr. Lawrence McLaughlin - the Federation of Agriculture (Durham), Mr. John Sikma- Christian Farmers of Ontario, Mr. Don Welsh - Federation of Agriculture (Durham), Mr. John Finlay and Mr. Ivan Bell - Ontario Ministry of Agricultural and Food, Bowmanville and Uxbridge offices respectively and Mr. Gerry Cameron - Manager of Current Operations Branch, Durham Regional Planning Department. During the course of discussion, it became apparent that there was a consensus of opinion, with the exception of Regional Planning Staff in respect of a desired approach for dealing with farm-related severances. It was the opinion of Regional Planning Staff that given the fact that Regional Council had not appealed any decisions of the Land Division Committee in respect of non-contiguous farm consolidations , it was their opinion that this type of consolidation was within the intent of the Regional Official Plan and as such, severances to dispose of surplus dwellings could be permitted by the Regional Land Division Committee. Furthermore, Regional staff indicated no objection to the use of 0.3 metre reserves as a means of controlling rural development and that the Regional Plan was suitably flexible to deal with such cases. It was generally agreed that this type of severance should be permitted for a bona-fide farm operation as a direct result of a bona-fide farm consolidation. However, the concern was expressed that once REPORT NO. : PD-149-83 Page 3 a severance has occurred, no further severance of that type for the same parcels of land should be granted. In that regard, staff note that Section 11 .2.6 of the Durham Regional Official Plan while specifying a number restriction on Retirement Lot severances or severances for one member of the family, does not impose such a restriction upon farm consolidations. It was generally felt by the group that this section should be amended to reflect the same terminology as Sections 11 .2.6(a) and 11 .2.6(c) of the Regional Plan. In fact, it was generally submitted that the Regional Official Plan should be amended to restrict the number of severances permitted to one (1 ) per lot and that this action be considered. Such an amendment would have the effect of allowing a bona-fide farmer to have one severance for one of the three farm-related purposes presently permit- ted by the Official Plan, thus reducing the number of possi- ble severances from any one farm from three (3) to one (1 ). Staff concur with the suggestion of the farm organizations and would be in support of such an amendment to the Regional Plan in order to further strengthen the Plan 's intent to preserve prime agricultural land for agricultural purposes. If such an amendment is not acceptable to the Regional Council , staff would strongly suggest that as an alternative solution, Section 11 .2.6(b) be amended by adding thereto the words; "Once a lot for such a purpose has been severed from a farm, no further severance for such purpose shall be granted to the said farm". Such amendments would greatly enhance the clarity and intent of the Regional Official Plan with respect to agricultural severances. However, this should be reinforced by a similar amendment to Section 16.9.5 Subsection (b) as well by adding the words ; "For the purposes of this section, a farm consolidation shall include the consolidation of non-continguous parcels of land. The application of this section shall not apply to the total . . .4/ REPORT NO. : PU-149-83 Page 4 farm consolidation , but only to the non-contiguous parcels of land forming part of that consolidation". Staff are confident that such amendments would be well received by the agricultural industry and that in the long run would reduce the problems encountered by a change in use from farm-related dwellings to nonfarm-related dwellings. With respect to the matter of 0.3 metre reserves as presently imposed by the Land Division Committee as condition of approval of such applications , it was generally felt by the agricultural industry as represented at this meeting, that such a condition was undesirable and that given the interpretation of the Regional Official Plan as provided by Regional staff, was not required in order to implement the provisions of the Regional Official Plan. It was felt that the imposition of such a condition would only result in further delay and expense to the applicant, and such a condition was unnecessary where satisfactory evidence had been produced that the consolidation was bona-fide and that the dwelling units were surplus to the requirements of the farm operation. It was indicated to staff that it would be preferable to control landuse through zoning regulations and the public appeal process associated with Council consideration of amendment applications. Concern was expressed that such an appeal process was not available in respect of the lifting or retaining of 0.3 metre reserves which was a discretionary matter with no guarantees of equal treatment and no remedies other than court action. In that regard, staff are suggesting that the Town continue to oppose the imposition of 0.3 metre reserves as a condition of the approval of farm consolidation severance applications and that we pursue a harder line with respect to the provisions of the Zoning By-law in agricultural areas by imposition of more stringent frontage and area requirements as well as a limitation on the number of dwellings permitted . . .5/ REPORT NO. : PD-149-83 Page 5 on any given farm property in an effort to discourage further severance applications. Based upon the foregoing, staff have prepared a proposed amendment to the Durham Regional Official Plan, (Attachment 1 ) as well as proposed Zoning Provisions to be included in the Comprehensive Zoning By-law (Attachment 2). With the concurrence of Council , staff will pursue the implementation of these proposals and will provide comments to the Regional Land Division Committee accordingly. Respectfully submitted, Mk rds C.I .P. r of Planning TE*j i p f *Attach. ATTACHMENT 1 TO REPORT PD-149-83 PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Durham Regional Official Plan is to provide further policies in respect of farm-related severances. BASIS OF AMENDMENT: The Durham Regional Official Plan provides that farm-related severances may be permitted for retirement lots, one member of the family assisting in the farm operation and for disposal of surplus dwellings. The subject amendment provides further clarification in respect of severances for disposal of surplus dwelling related to farm consolidations . ACTUAL AMENDMENT: The Durham Regional Official Plan is hereby amended by: 1 . Deleting from Sections 11 .2.6, 12.2.4 and 16.9.5, Subsections (a) and (c) the words : "Once a lot for such a purpose has been severed from a farm, no further severance for such a purpose shall be granted to the said farm". 2. Adding the following new paragraph after Subsection (c) of Sections 11 .2.6, 12.2.4 and 16.9.5: Once a lot for any one of the purposes permitted above has been severed from a farm, no further severance shall be granted to the said farm". 3. Adding to Sections 11 .2.6 Subsection (b) , 12.2.4 Subsection (b) 16.9.5 Sebsection (b) the words : "For the purposes of this section, a farm consolidation shall include the consolidation of non-contiguous parcels of land. The application of this section shall not apply to the total farm consolidation , but only to the non-continguous parcels of land forming part of that consolidation. However, the limitation of one severance shall not apply except in the case of the consolidation of contiguous parcels of land". I ATTACHMENT 2 TO REPORT PD-149-83 PROPOSED AGRICULTURAL ZONE PROVISIONS From Dra t Compre ens� ve By- aw SECTION 6 AGRICULTURAL (A) ZONE 6.1 - DEFINITIONS - See Attached - PERMITTED USES No' person shall within the Agricultural (A) Zone, use any land or erect , alter or use any building or structure except as specified hereunder: a. Residential Uses i one single detached dwelling; ii one additional single detached dwelling provided that such dwelling is used by persons employed on the lot, and provided that the lot is not less than 20 hectares in area ; iii a converted dwelling; iv a home occupation use in accordance with the provisions of Section 2.9. b. Non-Residential Uses i cemeteries and places of worship (which existed prior to the date of passing of this By-law) ; ii a farm; iii a wayside pit or quarry in accordance with the provisions of The Pits And Quarries Control Act, as amended. 6.2 REGULATIONS FOR RESIDENTIAL USES a. Non-farm residential buildings and structures on lots which predate the passing of this By-law, farm-related residences and residential buildings and structures on lots which are created by severance in accordance with the Durham Regional Official Plan, shall comply with the Zone requirements set out in Section 6.4 of this By-law. I 2 _ b. Notwithstanding the above, converted dwellings shall be subject to the minimum gross floor requirements set out in Section 6.3. 6.3 REGULATIONS FOR NON-RESIDENTIAL USES a. Lot Area (minimum) 4n hectares b. Lot Frontage (minimum) 200 metres C. Yard Requirements (minimum) i Front Yard 15 metres ii Exterior Sideyard 15 metres iii Interior Sideyard 15 metres iv Rearyard 15 metres d. Lot Coverage (maximum) 5 percent e. Landscaped Open Space (minimum) 10 percent f. Building Height (maximum) 10 metres 9. Residual Lot Area and Frontage Requirements Notwithstanding the minimum lot area and frontage requirements set forth under Section 6.3, where a lot is created in accordance with the Durham Regional Official Plan, that portion of the original lot from which the lot has been severed, shall be deemed to comply with the minimum lot area and frontage provisions of this By-law. 6.4 SPECIAL EXCEPTIONS - AGRICULTURE (A) ZONE i i DEFINITIONS Farm - Shall mean any use of land, buildings , or structures for uses such as forage crops, grain and feed crops, oil and seed crops , vegetables and row crops , dairy animals and dairy products, livestock for food production , fruits of all kind including grapes, nuts and berries, bees and apiary products, maple products, nurseries , floral and greenhouse products, poultry and poultry products, horses and ponies, tobacco, forestry, market gardening and retail stands for the sale of agriculture products produced on the farm unit and such other uses or enterprises as are customarily carried out in the field of agriculture.