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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Report #:
PD-024-01
FILE#: COPA2000-008
File # 7J:%- {)F
Res. #CI/l-/rt 7~ I
By-law ~J.oO/ -('Jf~
Meeting:
General Purpose and Administration Committee
Date:
Monday, March 5, 2001
Subject:
CLARINGTON OFFICIAL PLAN AMENDMENT
APPLICANT: DONALD AND NORMA WELSH
PART LOT 9, CONCESSION 4, FORMER TOWNSIDP OF
DARLINGTON - 4280 MEARNS AVENUE
FILE: COP A 2000-008 (X-REF: OP A 2000-009)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-024-01 be received;
2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington recommends the approval of the Regional Official Plan Amendment
application (OPA 2000-009), as submitted by Ronald Worboy, on behalf of Donald and
Norma Welsh, to permit the severance ofa dwelling surplus to a farm operation;
3. THAT the application to amend the Clarington Official Plan submitted by Ronald
Worboy, on behalf of Donald and Norma Welsh, be APPROVED as provided for in
Amendment No. 22 to the Clarington Official Plan, as detailed in Attachment 4 to this
Report;
4. THAT the necessary By-law to adopt Amendment No. 22 to the Clarington Official Plan,
be passed and that it be forw~ded to the Regional Municipality of Durham for approval;
5. THAT Durham Region Planning Department and all interested parties listed in this
report, and any delegations, be advised of Council's decision.
1. APPLICATION DETAILS
1.1
1.2
Applicant/Owner:
Agent:
Donald and Norma Welsh
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.
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REPORT NO.: PD-024-01
PAGE 2
1.4 Clarington Official Plan Amendment:
To provide for the creation of a new lot for a dwelling
deemed surplus to a farm operation and to grant exception
to the Official Plan requirement that no previous farm-
related severance has been received since January 1,
1974.
1.5 Location
The subject lands are located in Part of Lot 9, Concession
4, former Township of Darlington. The property has the
municipal address of 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 ofland 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.
1.6
Area:
0.418 ha (1 ac.) portion of a 45.63 ha (112.75 ac.) parcel
1.7
Existing Use:
A residential dwelling surrounded by agricultural activities.
A tributary ofthe Soper Creek flows through the subject
lands.
1.8
Surrounding Uses:
North - agricultural activities and two residential lots
South - agricultural activities
East - agricultural activities, a farm residence and barns
West - agricultural activities
2. BACKGROUND
2.1 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 14th.
621
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REPORT NO.: PD-024-01
PAGE 3
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.
2.2 The applicant, Mr. Welsh, is selling his farm parcels to the neighbouring farmer (Mr.
Benschop). Mr. Welsh wishes to continue living at his current residence and is seeking
approval to sever his residence at 4280 Mearns Avenue from the larger farm parcel
creating a 0.418 ha lot and a 45.2 ha lot.
2.3 Mr. Welsh also owns 2 additional farm parcels being a 18.2 ha vacant parcel and a 26.3
ha parcel (Attachment 1). 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. Lands also
involved in this application are those owned by the Benschops. The Benschops currently
own three (3) farm parcels located just east of Mr. Welsh's parcels (Attachment 1)
3. APPLICABLE POLICIES AND ZONING REGULATIONS
3.1 Provincial Policy
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)." The residence located at 4280 Mearns Avenue
was built in 1967 and has been deemed surplus as a result of the consolidation of the
Benschop farm with the Welsh farm.
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REPORT NO.: PD-024-01
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3.2 Re?;ional Official Plan Policy
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.
3.3 Clarin?;ton Official Plan Policy
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.
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.
3.4 Clarin?;ton ZoninK By-law
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.
4. PUBLIC SUBMISSIONS
At the statutory public meeting held on January 8, 2001 at the Municipality of Clarington
no one spoke in objection to this application. In addition to the applicant, one area
resident spoke in support ofthis application.
623
REPORT NO.: PD-024-01
PAGE 5
The Region of Durham held the statutory public meeting to consider the Regional
Official Plan Amendment (OPA 2000-009) on January 23, 2001. At this meeting, only
the applicant spoke in support ofthis application.
5. AGENCY COMMENTS
Staff circulated the application and the following agenctes had no objection to the
application.
. Clarington Public Works Department
. Clarington Fire Department
. Durham Region Health Department
The Region of Durham Planning Department have advised that the application is not
exempt from Regional approval.
The Central Lake Ontario Conservation Authority (CLOC) originally expressed concerns
about the configuration of the proposed lot as part of the stream valleylands were
incorporated within the lot. CLOC discourages the severance of lands resulting in the
division of ownership of flood plain lands, hazard lands, and valleylands. CLOC staff
visited the site and advised that if the applicant reconfigures the lot, using the existing
fence line on the east and south boundary as the lot boundaries, the amount of valley lands
within the lot would be reduced significantly, and they could support this application.
6. STAFF COMMENTS
6.1 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 3 parcels ofland totalling 141 ha. The Benschops also own farmland in Manvers
Township and rent an additional 58 ha ofland.
Some of the lands the Benschops are acquiring from the Welsh's are adjacent to their
existing farm operation. However, as the subject lands are separated by a municipally
624
REPORT NO.: PD-024-01
PAGE 6
open and maintained road, this application qualifies as the consolidation of non-abutting
farms and requires a site specific amendment to the Clarington Official Plan.
6.2 The Clarington Official Plan requires the submission of an environmental impact study if
a development application is located within or adjacent to a natural feature identified on
Map "C" to the Official Plan. The tributary which runs through the subject lands is
identified on Map "C", however, as the residential use is already established and no
further development or intensification of use is contemplated on the subject lands, an
environmental impact study is not required.
6.3 The applicant has agreed to reconfigure the lot to satisfy the concerns expressed by the
Conservation Authority. The applicant has provided a sketch showing the location of the
well and septic systems, both of which appear not to be impacted by the lot
reconfiguration. The general lot location has been established and there exists enough
land to the north to accommodate a revised lot configuration, ensuring that the minimum
lot size can be achieved. The principle ofland use will be established by the Official Plan
Amendment, determination of the exact configuration of the lot and confirmation of
setback requirements can be confirmed when a survey is submitted with the consent
application.
6.4 An agricultural assessment was prepared by Dale Toombs. The report reviewed
Minimum Distance Separation formula requirements, confirming that this application
meets the separation distance as dictated by the formula. The assessment confirms that
the Benschops operate a viable farm, and the farm is larger than the average size dairy
operation in Durham Region. The report states that the Benschops currently have enough
available land to support any needed additional dwellings for farm employees. The report
concludes that the residential dwelling located at 4280 Mearns Avenue is surplus to the
Benschop farm operation.
625
REPORT NO.: PD-024-01
PAGE 7
6.5 Both the Benschops and the Welshs have previously severed lots, creating a number of
rural lots on the subject lands since 1974. A sketch identifying the number and type of
lots created is attached to this report (Attachment 1). The Clarington Official Plan
policies prohibits the creation of a lot for a sUlplus dwelling if a retirement or intra-family
lot has been created since 1974. This provision was incorporated, in part, to limit the
fragmentation of agricultural land. The public meeting report prepared by staff expressed
concern about setting an unfavourable precedent if an exception is made to Section 13.3.9
a) in favour ofthe applicant.
6.6 Upon further consideration of the application, Staff determined that there were conditions
under which the proposal may achieve the broader objectives of the Official Plan,
specifically the preservation of agricultural land.
A brief description of conditions the Welshs and the Benschops have agreed to is outlined
below and illustrated on Attachment 2:
. Two separate parcels (one owned by Benchop and one owned by Welsh) will be
melded to a large 60.79 ha parcel ofland thereby eliminating 1 existing lot on which a
houses could be built.
. A 0.3 metre road reserve along the Mearns Avenue frontage of the 45.63 ha lot,
effectively eliminating the potential to obtain a building permit for a house as the
property will not possess the required lot frontage to support a residential use. This
will be implemented as a condition ofthe severance.
. A special zone will be introduced in the new Zoning By-law on the 45.63 ha lot to
permit only agricultural uses. Residential uses would not be permitted on the subject
lands. The current and future owners have agreed to not object to the incorporation of
such provisions in the new Zoning By-law.
, 626
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REPORT NO.: PD-024-01
PAGE 8
Attachment 3 is the s.olicit.or's letter c.onfirming that all parties have agreed t.o these
c.onditi.ons.
6.7 Thr.ough the implementati.on .of the measures identified ab.ove, the f.oll.owing .objectives
will be realized, resulting in achieving the g.oal .of preserving agricultural land:
. There will be n.o net increase in the number .of vacant agricultural parcels which c.ould
p.otentially be utilized f.or residential purp.oses.
. There will be a physical c.ons.olidati.on .of lands t.o create a larger farm parcel with a
t.otal size .of 60.8 ha (150 acres).
7. CONCLUSION
7.1 The land.owners inv.olved in this applicati.on have agreed t.o meld lands, accept a 0.3 metre
road reserve, and n.ot .object t.o the placing .of a special z.one .on .one .of the pr.operties.
These c.onditi.ons will n.ot .only attain the broader .objectives .of the Official Plan, but als.o
reduce the p.otential f.or fragmentati.on .of agricultural land, helping t.o preserve
agricultural land f.or future generati.ons. As these acti.ons w.ork t.o implement the
.objectives .of the Official Plan, Staff can supp.ort this applicati.on t.o permit the creati.on .of
a l.ot f.or a surplus dwelling. Acc.ordingly, it is rec.ommended that:
. C.ouncil supp.ort the applicati.on t.o the Regi.onal Official Plan Amendment Applicati.on
(OP A 2000-009) t.o permit the creati.on .of a surplus farm dwelling l.ot.
. C.ouncil ad.opt Amendment #22 t.o the Claringt.on Official Plan as c.ontained m
Attachment 4 and that it be f.orwarded t.o the Regi.on .of Durham f.or approval.
627
REPORT NO.: PD-024-01
PAGE 9
Reviewed by,
Davtd . rome, M.C.I.P., R.P.P.
Director of Planning & Development
HB*BN*DC*df
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Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
2 January 2001
Attachment 1 - Key Map - Description of Severance Activity
Attachment 2 - Conditions for Proposed Severance
Attachment 3 - Correspondence from Ron Worboy
Attachment 4- Amendment #22
Attachment 5 - By-law to adopt Amendment #22
Interested parties to be notified of Council and Committee's decision:
Donald and Norman Welsh
RR#4
4280 Mearns Avenue
BOWMANVILLE, Ontario
LlC 3K5
Mr. T. Benschop
RR#4
BOWMANVILLE, Ontario
LlC 3K3
Ronald Worboy
Barrister and Solicitor
153 Simcoe Street North
OSHA W A, Ontario
Ll G 4S6
Dale Toombs
Agricultural and Rural Land Use Consulting
15 Walker Street
LINDSAY, Ontario
K9V 5Z8
Cathy and Harry Kamstra
4665 Liberty Street
BOWMANVILLE, Ontario
LlC 4N7
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DARLINGTON KEY MAP COPA 2000-008 , ROPA 2000-009
629
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ATTACHMENT 2
Only
~ Lands to be Zoned
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Lands to be Melded
LOT 10 LOT 9
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ROPA 2000-009
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ATTACHMENT 3
RONALD F. WORBOY. B.A..LL.B.
!l~ter. ~JtliciWr
TELEPHONE (905) 723-2288
FAX \905) 576-1355
153 SIMCOE STREEt NORTH
OSHAWA, ONTARIO
l1G 456
February 19th, 2001.
JIT~(C]}~TI'~1E~
FEB 1 9 2001
Corporation of the Municipality of C1arington,
Community Planning Branch,
40 Temperance Street,
Bowmanville, Ontario.
LlC 3A6
MUI~ICIP~UfY Of CLARIiJGTON
PLANiJINU DEPARTMENT
Attention: Heather Brooks
MCIP, RPP, Planner
Dear Ms. Brooks:
RE: DONALD WELSH and NORMA WELSH application to amend
The Official Plan for the Municipality of Cia ring ton
RE: Application to Amend the Official Plan for the Regional Municipality
Of Durham
RE: Real Property - Part of Lot 8 and the west one-half of Lot 7,
Concession 4, North of Mearns - PIN - 26691- 0087 (LT) - Owners-
Shirley Benschop, Thomas John Benschop, Faith Henrietta Feddema,
Donna-Leigh Benschop - 20.24 ha + 20.24 ha = 40.48 Ha (herein
Called "Benschop Parcel I")
RE: Lot 7, Concession 4, east one-half north of Mearns
Owner - Thomas Benschop In Trust - 20.24 ha (herein called
"Benschop Parcel II")
631
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RE: Lot 7 and 8, Concession 4, sonth of Mearns - PIN 266691- 0088 (LT)
- Owners - Shirley Benschop, Thomas John Benschop, Faith
Henrietta Feddema and Donna-Leigh Jane Benschop - 11.17 ha +
23.32 ha = 34.49 ha (herein called "Benschop Parcel III")
RE: Welsh real property - north of Mearns - Part of Lot 8 - 20
Hectares - Owners - Donald Welsh and Norma Welsh
(herein called "Welsh Parcel I")
RE: Part of Lot 8, Concession 4, south of Mearns - 26.30 hectares _
Owners - Donald Welsh and Norma Welsh (herein called Welsh
Parcel II")
RE: Part of Lot 9, Concession 4, west of Mearns - Owners - Norma Welsh
And Donald Welsh (herein called "Welsh Parcel lIP')
Further to our meeting on February 9th, 2001, I am writing to advise and confirm
as follows:
1. Benschop Parcel I - I confirm that this parcel at present is under one
ownership with the 20.24 acres of Lot 8, the west half of Lot 7, 20.24
hectares forming Parcel I - Title is registered under PIN 26691-0087
(LT);
2. Benschop Parcel II - Owner - Thomas Benschop Trustee - east half of
Lot 7, Concession 4; I advise that Thomas Benschop residence is located
on this Parcel I and it is to remains "as is".
3. Welsh Parcel I - I confirm that the latter parcel will remain as it is with a
separate title as it has an existing one foot reserve along the north side of
Mearns Avenue;
632
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4. Welsh Parcel III - west side of Mearns Avenue - 45.69 hectares,
excluding retirement lot LD75318 and excluding lot in favour of Welsh
prior to 1974; I confirm that a one foot reserve fronting on the open
portion of Mearns Avenue shall be conveyed to the Municipality, further
Norma Welsh and Donald Welsh and all of the Benschop owners, namely,
Shirley Benschop, Thomas John Benschop, Faith Henrietta Feddema and
Donna-Leah Benschop shall consent to the zoning of the Welsh Parcel III
as a special agricultural zoning, that will not permit a residence but shall
permit agricultural operations and agricultural buildings, which rezoning
shall be effected at time general zoning by-law is approved, all at no cost
to Welsh or Benschop.
5. Benschop Parcel III and Welsh Parcel II - I understand that Benschop
Parcel III is comprised of one ownership under PIN 26691 - 0088 and will
be merged with Welsh Parcel II;
As expressed previously, Donald Welsh and Norma Welsh, are taking a mortgage
back for part of the purchase price to secure Welsh Parcel I, Welsh Parcel II and Welsh
Parcel III. Upon discharge and pay-out of mortgage back, Welsh Parcel II will have
merged with Benschop Parcel III. It is the intent of all parties to convey Welsh Parcel II
into same name as title as Benschop Parcel III.
I trust the foregoing is of some assistance and I remain,
Yours very truly,
RFW /lrb
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ATTACHMENT 4
AMENDMENT 22
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 I, 1974. The proposed lot is located in Part Lot 9,
Concession 4, former Township of Darlington, 4280 Mearns Avenue
BASIS. The Amendment is based on an application submitted by Donald and Norma
Welsh to permit the creation of a surplus dwelling lot from a 45.6 hectare farm
parcel. The 45.6 hectare farm parcel will be acquired as a component of a larger
230 hectare farm operation. The approval of this application is based on
commitments made by the applicant and others as follows:
. The applicant and the proposed purchaser have agreed to the consolidation of
other lands in Lots 7 and 8, Concession 4, former Township of Darlington;
. The applicant has agreed to the dedication of a 0.3 metre reserve as a
condition ofland severance;
. The applicant and proposed purchaser have agreed not to obj ect to any future
rezoning which would prohibit residential uses on the subject lands.
Council is satisfied that the applicant 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 to Table 13.1 as follows:
Exception
TABLE 13.1
SURPLUS FARM DWELLING LOT EXCEPTIONS
Assessment No. Legal Description Area of Surplus
Dwelling Lot
4
010-080-083-50
(2000)
Part Lot 9, Cone. 4,
former Township of
Darlington
0.41 ha
Area of
Remainder of
Land
45.2 ha
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.
635
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ATTACHMENT 5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
being a By-law to adopt Amendment 22 to the Clarington Official Plan
WHEREAS, Section 17 (22) of the Planning Act. R.S.O. 1990, as amended, authorizes the
Municipality ofClarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS, the Council of the Corporation ofthe Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to specifically permit a surplus fann dwelliug lot
in Part Lot 9, Concession 4, former Township of Darlington;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
I. That Amendment No. 22 to the Clarington Official Plan being the attached Explanatory
Text is hereby adopted;
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to
make application to the Regional Municipality of Durham for approval of the
aforementioned Amendment No. 22 to the Clarington Official Plan; and
3. This By-law shall come into effect on the date of the passing hereof.
'.
BY-LAW read a first time this
day of
2001.
BY-LAW read a second time this
day of
2001.
BY-LAW read a third time and finally passed this
day of
2001.
MAYOR
CLERK
636