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Home My WebLink AboutPSD-041-18Clarftwn Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 14, 2018 Report Number: PSD -041-18 Resolution: PD -101-18 File Number: ZBA2018-0010 By-law Number: 2018-051 Report Subject: Application by Clark Consulting Services to amend Zoning By-law 84-63 by Algoma Orchards to facilitate a surplus farm dwelling severance at 300 Riley Road, Clarke. Recommendations: That Report PSD -041-18 be received; 2. That provided no significant objects are raised at the public meeting, the application to amend the Zoning By-law submitted by Algoma Orchards be approved and that the By-law contained in Attachment 1 to Report PSD -041-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -041-18 and Council's decision; and 4. That all interested parties listed in Report PSD -041-18 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -041-18 Report Overview Page 2 Algoma Orchards has submitted applications to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. The Zoning By-law Amendment would zone the severed portion of the lands to prohibit further single detached dwellings from being built on the property. Recognizing that this proposal has been considered through two previous public meetings for the Regional Official Plan Amendment and the Land Division Applications, this report recommends that Council approve the Zoning By-law Amendment as contained in Attachment 1 of this report. 1. 1.1 1.2 1.3 1.4 1.5 1.6. 2. Application Details Owner/Applicant: Agent: Proposal: Area: Location: Roll Number: Background Algoma Orchards Bob Clark - Clark Consulting Services To amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. 67.41 hectares (167 acres) 300 Riley Road, Clarke, Part Lot 25, Broken Front Concession 18-17-030-110-15300 2.1 In July 2017 a Regional Official Plan Amendment was submitted to facilitate a surplus farm dwelling severance at 300 Riley Road. The Regional Official Plan Amendment was approved by Regional Council on November 8, 2017. In January 2018, a consent application was applied for to sever a 0.42 hectare lot and dwelling from the larger farm parcel. The consent application was conditionally approved by Land Division Committee on February 12, 2018.The conditions of the Land Division Committee approval included obtaining a Clarington Zoning By-law Amendment. The Zoning By-law Amendment is required to ensure that no new dwellings are erected on the retained lands in compliance with Provincial, Regional and Local policies (see Figure 1). Municipality of Clarington Report PSD -041-18 Page 3 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 67.41 hectares (167 acres) with an existing single detached dwelling on the east side of the property, fronting onto Riley Road. There is a water course and wooded area running horizontally, from east to west through the property. The majority of the property is currently farmed. Concession Road -1 t FM LE I �i Y y M ry i. I. Subject Site 0 Severed Lands Surplus Farm Dwelling, 300 Riley Road 0 Proposed Access Easement )V V _�►�� `~. ° akeshor� Road ZBA 2015-0010 Figure 1: Subject Lands 3.2 The surrounding uses are as follows: North - Existing Rural Residential Lots and the Canadian National Rail Line South - Existing Rural Residential Lots and Lake Ontario East - Agricultural Fields West - Agricultural Fields Municipality of Clarington Report PSD -041-18 4. Provincial Policy Provincial Policy Statement Page 4 4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term agricultural uses. The PPS also permits lot creation for severance of surplus farm dwellings that result from farm consolidation, provided that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. 4.2 The proposal is consistent with the Provincial Policy Statement. Greenbelt Plan 4.3 The Greenbelt Plan protects prime agricultural areas for long-term agricultural uses. Within the Protected Countryside surplus farm dwelling severances are permitted provided the following: X The dwelling was in existence prior to December 16, 2004; X The surplus dwelling area is limited in size; and X That no new dwellings are permitted moving forward on the severed farm lands. 4.4 The proposed lot size conforms with Ministry of the Environment and Climate Change and Region of Durham Health Department policies regarding minimum lot size requirements. 4.5 The proposal is consistent with the Greenbelt Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the property "Waterfront Areas". The severance policies of the Plan state that surplus farm dwellings are permitted provided the retained farm parcel be zoned to prohibit any further severances and the establishment of any residential dwelling, in perpetuity. 5.2 A Regional Official Plan Amendment was approved by Regional Council on November 8, 2017 to allow for a surplus dwelling resulting from a farm consolidation. Clarington Official Plan 5.3 The Clarington Official Plan designates the property as "Environmental Protection Area" and "Waterfront Greenway". Within the Waterfront Greenway designation agriculture is identified as one of the predominant land uses. The severance of a dwelling, which is rendered surplus as a result of the consolidation of non -abutting farms, may be Municipality of Clarington Report PSD -041-18 Page 5 permitted subject to criteria, similar to those in the Regional Official Plan, as well as requirement that the farm to be acquired is a minimum of 40 hectares. 5.4 The proposal meets the requirements of the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands "Agricultural (A)", "Agricultural Exception (A-1) Zone" and "Environmental Protection (EP) Zone." The proposed Zoning By-law Amendment would prohibit any residential uses on the larger farm parcel and will fulfil the condition imposed by the Durham Region Land Division Committee and the requirement of Provincial Policy. 7. Summary of Background Studies Planning Justification and Agricultural Assessment Report 7.1 A report prepared by Clark Consulting was submitted in support of the application. The report concludes that the applications to support the surplus farm dwelling severance meets the objectives and requirements of the Provincial Policy, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. 7.2 The report also addresses Minimum Distance Separation formulae. The report concludes the proposal meets the policies of the Minimum Distance Separation formulae. 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 300 metres of the subject lands on April 13, 2018. Public meeting signs were installed on the property, fronting onto Riley Road and Lakeshore Road, on April 18, 2018. 8.2 At the time of finalizing this report staff had been contacted by three members of the public. All inquiries were general in nature with no objections received. Municipality of Clarington Report PSD -041-18 Page 6 Figure 4: Notice of Proposed Zoning By-law Amendment 9. Agency Comments 9.1 The application was circulated to the Durham Planning and Durham Regional Health Departments. As per the comments received on May 1, 2018, Regional Staff have no objection to the rezoning application. 10. Departmental Comments 10.1 The Clarington Building Division, Engineering Services Department and Emergency and Fire Services Department have no objections or concerns with the application. 11. Discussion 11.1 The Provincial Policy Statement encourage the long term viability of agricultural areas, limiting the opportunities to create new parcels in the rural area. Surplus farm dwelling severances are permitted by the Province recognizing that farmers may not want to be landlords when acquiring additional lands. The Durham Region and Clarington Official Plans encourage farm consolidation where possible to ensure long term viability of agricultural operations and set out the regulations for surplus farm dwelling severances as a result of farm consolidations. Municipality of Clarington Report PSD -041-18 Page 7 11.2 When a surplus farm dwelling is severed the Provincial Policy Statement and the Official Plan requires that the retained farm parcel be rezoned to prohibit further dwellings from being constructed. The proposed zone for the retained portion of the lot, with the exception of the "EP" area, is "Agricultural Exception (A-81) Zone", which only allows for non-residential uses as set out in the regulations of the Agricultural (A) Zone. The Zoning By-law Amendment will prohibit future residential uses from being established on the 67 ha retained parcel and will enable the severance of a surplus residential dwelling lot (0.41 ha). 11.3 The Clarington Official Plan policies require that where a surplus dwelling is severed from a farm parcel that is not abutting, the parcel must have a minimum lot area of 40 hectares. The intent of the Clarington Official Plan policies is to ensure that the lands are a viable farm parcel once the farm dwelling has been severed. The farm parcel, subject to this rezoning application is 67 hectares in size. 11.4 This application is one step in the process to sever the surplus dwelling lot. There have been no objections to this application from any of the circulated agencies or the public to date. 12. Concurrence Not Applicable. 13. Conclusion 13.1 Given that there have been previous public meetings on the related Regional Official Plan Amendment and Severance applications, it is respectfully recommended that Council approve the applications to amend Zoning By-law 84-63 (see Attachment 1). 14. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD -041-18 Submitted by: David Crome, MCIP, RPP Director of Planning Services Reviewed by: for. Andrew C. Allison, B. Comm, LL.B Chief Administrative Officer Page 8 Staff Contact: Amanda Tapp, Planner, (905) 623-3379 ex. 24240 or atapp@clarington.net Attachments: Attachment 1 — Zoning By-law Amendment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. AT/CP/DJC/nl I:\ADepartnnent\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0010 300 Riley Road\Staff Report\PSD-041-18.Docx Attachment 1 to PSD -041-18 Corporation of the Municipality of Clarington By-law Number 2018 - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2018-0010; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `2' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" and "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-81) Zone" as illustrated on the attached Schedule `A' hereto. 2. Schedule `A' attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of 12018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2018-., passed this day of , 2018 A.D. m METCALF STREET a n CONCESSION RD-1 i�R N N M \ w Lu ZI] Q� Y� 0. S 6 [1J J R R a� 1T9 m �K m � 0 M Zoning Change From 'A' to'A-81' Zoning Change From 'A-1' to 'A-81' N Zoning To Remain 'A' Zoning To Remain 'EP' Clarke • ZBA 2018-0010 • Schedule 2 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk