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Home My WebLink AboutPD-001-01 , DN:POOI-OI THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Meeting: REPORT PUBLIC M.EETING General Purpose and Administration Committee Date: Monday, January 8, 2001 File # -7'(ll- ()F Res. ttC m -(;{)?- --cJ / Report #: PD-OO 1-0 1 FILE #: COPA 2000-008 By-law # Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICANT: DONALD AND NORMA WELSH PART LOT 9, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON - 4280 MEARNS AVENUE FILE: COPA 2000-008 (X-REF: OPA 2000-009) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-OOI-Ol be received; 2. THAT application to amend the Clarington Official Plan, as amended, submitted by Ronald Worboy, on behalf of Donald and Norma Welsh, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt and resolution of all outstanding issues and comments; and 2. THAT Durham Region Planning Department received a copy of this report and all interested parties listed in this report, including Durham Region, and any delegations, be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant/Owner: Donald and Norma Welsh 1.2 Agent: Ronald Worboy 1.3 Durham Region Official Plan Amendment; To provide for the creation of a new lot for a dwelling deemed surplus to the farm operation. 1.4 Clarington Official Plan Amendment; To provide for the creation of a new lot for a dwelling deemed surplus to the farm operation and to grant exception to the Official Plan requirement that no previous farm-related severance has been received since January 1, 1974. 601 REPORT NO.: PD-OOI-0l PAGE 2 1.5 Area: 0.418 ha (I ac.) portion of a 45.63 ha (112.75 ac.) parcel 2. LOCATION 2.1 The subject lands are located in Part of Lot 9, Concession 4, former Township of Darlington. The property has the following municipal address: 4280 Mearns Avenue. The lands are situated on the west side of Mearns Avenue, north of Concession Road 4. This is a 45.6 ha parcel of land which is currently being used in association with the Welsh's farm operation. There is only the one residential structure located on the subject lands. 2.2 Mr. Welsh also owns 2 additional parcels being an 18.2 ha parcel and a 26.3 ha parcel, the 18.2 ha parcel is vacant. Both these parcels are used for farming. The Welsh's are third generation farmers and they own a dairy farm known as Welcrest Farms. Prior to 1999 when the Welsh's sold their cows and milk quota, they milked 45 dairy cows. They are now raising 70 dairy heifers. 3. BACKGROUND 3.1 On September 29, 2000, the Municipality of Clarington Planning Department received an application to amend the Clarington Official Plan. The application upon submission was incomplete and the agricultural assessment report was not submitted until November 14"'. Likewise, an application to amend the Durham Regional Official Plan (OPA 2000-009) was submitted, but was not circulated for agency comments until December 5, 2000 as the application when received was deemed incomplete. 4. 4.1 EXISTING AND SURROUNDING USES Existing Use: A residential dwelling surrounded by agricultural activities. A tributary of the Soper Creek flows through the subject lands. Surrounding Uses: North - agricultural activities and two residential lots South - agricultural activities East - agricultural activities, a farm residence and barns West - agricultural activities 602 REPORT NO.: PD-OOI-01 PAGE 3 5. PROVINCIAL POLICY 5.1 Section 2.1.2 c) of the 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 "Residence Surplus to a Farming Operation" as "one or two or more existing farm residences built prior to 1978 and surplus to the farm, or an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." 6. OFFICIAL PLAN POLICIES 6.1 ReKional Official Plan The Durham Region Official Plan designates the subject lands "Permanent Agricultural Reserve". Lands so designated shall be used primarily for agricultural purposes. Section 12.3.12 of the Official Plan states that an amendment is required for the severance of a surplus dwelling, if the dwelling is deemed surplus through the acquisition of a non- abutting farm parcel. 6.2 ClarinKton Official Plan 6.2.1 The subject lands are designated "Prime Agricultural Area" and "Environmental Protection" in the Clarington Official Plan. Lands designated "Prime Agricultural Area" shall be predominantly used for farm purposes. The lands designated "Environmental Protection" reflect the Soper Creek tributary and valleylands. 6,2.2 The Clarington Official Plan (Section 13.3.9) provides a policy to allow the removal of a dwelling rendered surplus due to the acquisition of a non-abutting farm provided that the following criteria are met: a) A retirement or intra-family lot has not been severed since January I, 1974; b) The farm to be acquired is a minimum of 40 hectares; c) The dwelling to be severed is not required for farm employees; d) The surplus dwelling lot is generally less than 0.6 hectares; and e) It is registered on title that once a surplus dwelling lot is severed, no further severance is permitted from the parcel for retirement purposes. 603 REPORT NO.: PD-OOI-0l PAGE 4 7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural Exception (A-I)" and "Environmental Protection (EP)". The "EP" zoning reflects the tributary and valleylands. No structures are permitted within the "EP" zone except for flood or erosion control structures. On lands zoned "A-I ", farm uses shall prevail. 8. PUBLIC PARTICIPATION 8.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, notice was given as follows: )> Public Meeting sign for the application was installed on the site; and )> Written notice was circulated to all assessed property owners within 120 metres of the subject lands. 8.2 At the time of writing this report, no comments have been received from the public either in support of or opposition to this application. 8.3 The Region of Durham Planning Department have advised that a public meeting to consider the Regional Official Plan Amendment will be held on January 23,2001. 9. AGENCY COMMENTS 9.1 Staff circulated the application and the following agencIes had no objection to the application, . Clarington's Public Works Department . Clarington Fire Department . Durham Region Health Department 9.2 The Region of Durham Planning Department have advised that the application is not exempt from Regional approval. 9.3 The Central Lake Ontario Conservation Authority is the only agency that has not yet provided comments. 604 , J' REPORT NO.: PD-00I-01 PAGE 5 10. STAFF COMMENTS 10.1 The Benschops wish to acquire the 3 parcels comprising the Welsh farm lands adding them to their total farm operation. Mr. Benschop owns a farm operation located to the east of the Welsh' property, The Benschops currently operate a 90 head dairy farm which includes 4 parcels ofland totalling 141 ha. The Benschop farm has increased in size over the years and have made improvements to the land including some land clearing and the installation of tile drainage where required. According to the agricultural assessment completed by Dale Toombs, the Benschops farm is larger than the average size dairy operation in Durham Region. The assessment report states that the Benschops operation is a viable farm. 10.2 The Benschops will have three houses on their farm property, being adequate for the size of the farm operation. The occupant of the house and farm structures located on the 26.3 ha Welsh property to be acquired is presently employed by the Benschops. The assessment notes that if the Benschops were to further expand their farm operation, there currently exists available land to support any needed additional dwellings for farm employees, including the 2 vacant lots created by severance in 1989. The assessment concludes that the residential dwelling located at 4280 Mearns Avenue is surplus to the farm operation. 10.3 Some of the lands the Benschops are acquiring from the Welsh's are adjacent to their existing farm operation. However, as the property from which the proposed surplus dwelling lot is to be separated is located across a municipally open and maintained road, the proposal to remove the surplus dwelling generated by the acquisition of additional lands qualifies as the consolidation of non-abutting farms and requires a site specific amendment to the Clarington Official Plan. lOA Both the Welsh's and the Benschops have removed residential lots from their farm parcels. The Welsh's have created a total of3 lots, being a residential lot created in 1973, a retirement lot created in 1975 and a rural residential non-farm lot created in 1979. The 605 , , REPORT NO.: PD-OOI-Ol PAGE 6 Municipality of Clarington did not support the creation of the rural residential non-farm lot. The Benschops created an intra-family lot and a retirement lot in 1989. The application for official plan amendment requests relief from Section 13.3.9 a) being the provision that prohibits the creation of a lot for a surplus dwelling if a retirement or intra- family lot has been created since 1974. Staff is concerned about the precedant this application may set, if approved. 10.5 The agricultural assessment reviewed Minimum Distance Separation formula requirements and confirmed that this application meets the separation distance dictated by the formula. It is important to note that even though MDS was applied, the implementation guidelines exempt the use of the MDS formula where the creation of a proposed lot with an existing building is located on a parcel separate from the livestock buildings. 10.6 The criteria established within the Provincial Policy Statement has been met and this application conforms with the PPS as this residence was built in 1967 and will be rendered surplus as a result of farm consolidation. 11. RECOMMENDATIONS 11.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act (Section 34.12), to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended this application be referred back to Staff for further processing and a subsequent report. 606 . . REPORT NO.: PD-OOI-0l PAGE 7 Respectfully submitted, Reviewed by, '" (~)~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. Davi J ome, M.C.I.P., R.P.P. Director of Planning & Development HB*BN*DC*df 2 January 2001 Attachment I - Key Map Attachment 2 - Proposed Official Plan Amendment Interested parties to be notified of Council and Committee's decision: Donald and Norman Welsh R.R.#4 4280 Mearns Avenue BOWMANVILLE, Ontario LiC 3K5 Ronald Worboy Barrister and Solicitor 153 Simcoe Street North OSHA W A, Ontario Li G 4S6 Dale Toombs Agricultural and Rural Land Use Consulting 15 Walker Street LINDSAY, Ontario K9V 5Z8 607 , Retirement Lot created in favour of Benshop . by LD8,?/176 . CONCESSION .. ROAD 4 . I . . I ~ Subject lands owned by Welsh to be aquired by Benschop IillIJJ Additional Welsh lands to be aquired by Benschop DARLINGTON KEY MAP COPA 2000-008, ROPA 2000/009 '. . . :I: I i I- W W a: I- U) ~ W IX! ::i -.----,. . . .. . . . . LOT 10 . LOT.9 . ~~~. . . '~ \ . . . . . . ~- . . I I . Proposed surplus dwelling lot 0.418ha. *11------ ~ .. . . . .. U l: .. ~ ,g Ci: '0 .. o 0:: '0 .. l: .. C. o l: :;) TAUNTON LOTS ROAD LO Benschop 20.24ha - :::;:::::::::;: i,@i:i:lil:i , , , , Benschop 20,24ha .... : Welsh::: ::1~}~~:~,: il!,il!::lilm ...... . ..... . IlllJIIiI "" iii AV UE . . -. ..... ............ .-... ............ ...... ':202 'ha' R~;al Reside~ii;"I: "non-fa rm lot created by ::LD 79/312 in favour of : 1~~I!I~.~]I!III!llllllilll ::::::!:::::::::;:;:;:;:;:::i:;:;:;:; ::::,:::::::,,:Welsh :::::::':': :::::::::: :::: F,~}~~:~:::::::::: :::::;:;:;:;:;:;:;:;:;:::::;:;:;:;::: ...............,. . ................ . ................ . . ............... ;=::;:;:;:::::;:::::;=::::;=;:;:. HHHnH/HHL?U:: . Intrafamily Lot created in favour of Benshop by LD89/177 I \ \ . 608 ATTACHMENT 1 . 7 I Benschop "l 20,24ha I . . "lit c ~ Z <C 0 - c en U) en w :I: W I- 0 W Z IX! 0 0 ~.~ Ii! "I . ATTACHMENT 2 APPLICANT'S PROPOSED OFFICIAL PLAN AMENDMENT 13.3,10 The following surplus dwelling lots have been approved by amendment to this plan: EXCEPTION NUMBER ASSESSMENT NUMBER(s) 010080084000000 010080083000000 010080083500000 LEGAL DESCRIPTION: Part of Lot 9, Concession 4, (former Geographic Township of Darlington) AREA OF SURPLUS DWELLING LOT 4,180,5 square meters (.418 ha). AREA REMAINING FARM 44,908 ha, 6~9