HomeMy WebLinkAboutPSD-104-05
Cl~-fllgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, September 6, 2005
Report #: PSD-104-05 File #: ROPA 2005-004
By-law #:
Subject:
PROPOSED REGIONAL OFFICIAL PLAN AMENDMENT TO PERMIT
SEVERANCE OF A FARM RETIREMENT LOT FROM AN UNDERSIZED FARM
PARCEL
APPLICANT: 962233 ONTARIO LIMITED (LORNE ALLIN)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the fOllowing:
1 . THAT report PSD-104-05 be received;
2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington does not support the application to amend the Durham Regional Official Plan
(ROPA 2005-004) as submitted by 962233 Ontario Limited (Lome Allin) as it is not
consistent with the 2005 Provincial Policy Statement and recommend to the Region that
the application be denied;
3. THAT Durham Region Planning Department and the applicant be forwarded a copy of
this report; and
4. THAT Durham Region, all interested parties listed in this report and any delegations be
advised of Council's decision.
S"bm_bY'~
Davi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bY:(;~O ~ ~
Franklin Wu,
Chief Administrative Officer
HB/CP/DJC/df
26 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623.3379 F (905)623-0830
REPORT NO.: PSD-104-05 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: 962233 Ontario Limited
1.2 Applicant: Lorne Allin
1.3 Durham Region Official Plan Amendment:
To permit severance of a 0.4 ha (1 ac) farm retirement lot from a 20 ha (50
ac) farm parcel.
1.4 Site Area: 20ha (50 ac) farm parcel;
2.0 LOCATION
2.1 The subject property is located on the west side of Moffat Road, north of Concession
Road 3 (3330 Moffat Road) in Part of Lot 25 Concession 3 former Township of Clarke
(see Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands are generally flat and used for agricultural purposes. The site contains a
barn, a mobile home for farm employees, a residential dwelling and two storage
buildings. Located along the south limits of the property is a small forested area.
3.2 Surrounding Uses
North – Forest and Agricultural
South – Forest and Rural Residential
East – Agricultural
West – Agricultural
4.0 OFFICIAL PLAN POLICIES
4.1 The Durham Region Official Plan designates the subject lands as “Permanent
Agricultural Reserve”. Agriculture and farm-related uses are land uses permitted within
this designation.
4.2 Section 12.3.13 of the Durham Region Official Plan permits farm retirement lots subject
to criteria. One such criteria is that the parcel from which the severance is to be granted
shall be 40 ha or greater in size. The subject parcel from which the severance is
proposed is 20 ha in size and does not conform to the Official Plan, requiring an
amendment to the Plan.
4.3 Within the Clarington Official Plan the lands are designated “Prime Agriculture” and
“Green Space”. Agriculture and farm-related uses are permitted within both these
designations.
REPORT NO.: PSD-104-05 PAGE 3
4.4 Like the Regional Official Plan, the Clarington Official Plan policies for a farm related
severance require the parcel from which the severance is to be granted to be 40 ha or
greater in size (Section 13.3.11 b). This policy applies to lands within “Green Space”
designation or “Prime Agricultural” designation. If this amendment to the Durham
Region Official Plan is successful, the applicant will be required to amend the Clarington
Official Plan for an exemption from Section 13.3.11 b), being the required 40ha farm
parcel size.
5.0 ZONING BY-LAW
5.1 Within the Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
“Agricultural” (A). Agriculture and farm-related uses are permitted on lands zoned
“Agriculture”.
6.0 PROVINCIAL POLICY
6.1 The 2005 Provincial Policy Statement came into force on March 1, 2005, and does not
permit the creation of new residential lots in prime agricultural areas, including the
creation of farm retirement lots. The subject lands satisfy the definition of prime
agricultural area.
6.2 A small portion of the southern and northern boundaries of the subject lands are
situated within the limits of the Provincial Greenbelt Plan. The location of the proposed
retirement lot is located on lands beyond the limit of the Greenbelt Plan and as such the
provisions of the Greenbelt Plan are not applicable. The Greenbelt Plan also prohibits
the creation of new farm retirement lots.
7.0 AGENCY COMMENTS
7.1 The application was circulated for comment to Clarington Emergency Services and
Clarington Engineering Services. These departments had no objection to the
application.
8.0 STAFF COMMENT
8.1 This application to amend the Durham Region Official Plan was submitted on April 14,
2005 and was received by Clarington Planning Services for review and comment on
April 25, 2005. The application was circulated to Clarington Departments for their review
and comment. No objections to this proposal were identified by any of these
Departments. The Region held the statutory public meeting on May 31, 2005.
8.2 In support of the application, an Agricultural Assessment was prepared by Toombs
Consulting dated January 6, 2005. The report states that the proposal satisfies all
criteria for consideration of a farm retirement lot as required by the Official Plan with the
exception of parcel size. Although the lands do not satisfy the minimum parcel size, the
REPORT NO.: PSD-104-05 PAGE 4
report states that this is a commercially viable farm and the farmer should be provided
the opportunity to create a farm retirement parcel. On April 20, 2005 an addendum to
this report was prepared reflecting the release of the Provincial Policy Statement and
the Greenbelt Plan. The addendum states that the application does not comply with the
2005 Provincial Policy Statement and that the policies of the Greenbelt Plan are not
applicable.
8.3 The 2005 Provincial Policy Statement (PPS) came into effect on March 1, 2005 and
applies to all applications commenced after this date. Development applications shall
be consistent with the PPS and decisions of the approval authority cannot be contrary to
the policies of the PPS. This application commenced after the PPS came into effect
and as such shall be consistent with the policies of the 2005 PPS. This proposal for the
creation of a farm retirement lot within a prime agricultural area is not consistent with the
policies of the 2005 PPS. The applicant is aware that Regional Council’s decision must
be consistent with the 2005 PPS, but wishes to proceed with the application regardless.
9.0 RECOMMENDATIONS
9.1 The application does not conform to the 2005 PPS and as such it is recommended that
Clarington Council not support the application to amend the Durham Region Official
Plan (ROPA 2005-004).
Attachments:
Attachment 1 – Key map
Interested Parties
962233 Ontario Limited
REPORT NO.: PSD-104-05 INTERESTED PARTIES LIST
Company Address City Province Postal Code
Name
962233 Ontario Limited 3330 Moffat Road Newcastle, ON L1B 1L9