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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: October 22, 2019 Report Number: PSD-045-19
Submitted By:
Reviewed By:
Faye Langmaid, Acting Director of Planning Services
Andrew C. Allison, CAO
File Number: COPA2019-0001 & ZBA2019-0011
Cross Reference: ROPA2019-003
Resolution#: PD-167-19
By-law Number:
Report Subject: Applications by Werrcroft Farms Ltd. to amend the Clarington
Official Plan and Zoning By-law 2005-109 to facilitate a surplus farm
dwelling severance at 8800 Middle Road, Darlington
Recommendation:
1. That Report PSD-045-19 be received;
2. That the Municipality of Clarington has no objections to the approval of ROPA 2019-
003 to allow the severance of a non -abutting surplus dwelling;
3. That Amendment No. 118 to the Clarington Official Plan as contained in Attachment
1 of Report PSD-045-19 be adopted;
4. That the application to amend Zoning By-law 2005-109 be approved and the By-law
contained in Attachment 2 of Report PSD-045-19 be passed;
5. That the Region of Durham Planning and Economic Development Committee and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-
045-19 and Council's decision; and
6. That all interested parties listed in Report PSD-045-19, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PSD-045-19
Report Overview
Page 2
Werrcroft Farms Ltd. has submitted applications to amend the Clarington Official Plan and
Zoning By-law 2005-109. The applications are to facilitate a surplus farm dwelling severance
at 8800 Middle Road in Darlington. The Official Plan amendment will permit the retained
farm parcel to be less than 40 hectares. The Zoning By-law amendment will prohibit
residential dwellings on the retained farm parcel. This report recommends that Council
approve the Clarington Official Plan and Zoning By-law amendments as contained in
Attachments 1 and 2 of this report and advise the Region of Durham Planning and Economic
Development Department they have no objection to the approval of ROPA 2019-003.
1. Application Details
1.1. Owner/Applicant
1.2. Agent:
1.3. Proposal
1.4. Area:
1.5. Location:
1.6. Roll Number:
Kevin Werry, Werrcroft Farms Ltd.
Bob Clark, Clark Consulting Services
General
To facilitate a surplus farm dwelling severance at 8800
Middle Road. The retained farm parcel will be 21.73
hectares in size and will consolidate with non -abutting
farmlands owned by Werrcroft Farms Ltd. The severed
residential parcel will be 0.41 hectares in size.
Official Plan Amendment
To permit the retained farm parcel at 8800 Middle Road to
be less than 40 hectares in size.
Rezoning
To rezone the retained farm parcel at 8800 Middle Road to
prohibit residential dwellings on the lot.
22.14 hectares (54.7 acres)
South-west corner of Regional Road 20 and Middle Road,
Former Township of Darlington
181701015008900
1.7. Within Built Boundary: No
Municipality of Clarington
Report PSD-045-19
2. Background
Page 3
2.1. Werrcroft Farms Ltd. have submitted separate applications for different surplus farm
dwelling severances. This Clarington Official Plan Amendment and Zoning By-law
Amendment application (COPA2019-0001 and ZBA2019-0011) and the associated
Regional Official Plan Amendment (ROPA2019-003) pertain to the lands addressed
8800 Middle Road. Separate applications have been submitted for the lands addressed
1785 Concession Road 7 and 6115 & 6171 Vannest Road (ROPA2019-006 and
ZBA2019-013).
ZBA�019-0011
9g Rd x� RCPA2019-003
COPA2019-0001
dB
CLARINGTON
I� 5.
OSRAwA
10
ZBA2019-0013
ROPA2019-006
Figure 1: Werrcroft Farms Ltd. holdings (subject property identified as #7).
2.2. Should these applications and the Regional Official Plan Amendment be approved, a
future land division application for 8800 Middle Road will be submitted to the Durham
Region Land Division Committee to permit the severance of a surplus farm dwelling as
a result of the consolidation of non -abutting farm parcels (see Figure 2).
2.3. The Regional Official Plan Amendment is required to permit the severance of a farm
dwelling rendered surplus as a result of a farmer acquiring a non -abutting farm and
wishing to sever the surplus dwelling lot. The Region of Durham's Planning & Economic
Development Committee held a public meeting to inform the public of this application on
September 3, 2019.
Municipality of Clarington
Report PSD-045-19
Page 4
2.4. As part of a surplus farm dwelling severance, the Clarington Official Plan requires the
retained farm parcel to be a minimum of 40 hectares. An Official Plan Amendment was
submitted to permit the retained farm parcel with an area of 21.73 hectares. The
retained parcel will consolidate with non -abutting farmlands owned by Werrcroft Farms
Ltd. A Zoning By-law Amendment is required to prohibit the establishment of a future
residential use on the retained farm parcel, in compliance with Provincial, Regional, and
Local policies.
i.r
iC y) i ` .C73
fD.'zA.0 v.
Regional Rd 20
Subject Property
Proposed Severance
Retained Parcel
Retained
Parcel:
21.73 ha
Figure 2: Proposed retained and severed parcels
Municipality of Clarington Page 5
Report PSD-045-19
2.5. The applicant has submitted the following studies in support of the applications:
• Planning Justification Report and Minimum Distance Separation Review; and
• Phase I Environmental Site Assessment.
3. Land Characteristics and Surrounding Uses
3.1. The subject lands are 22.14 hectares (54.7 acres) with an existing single detached
dwelling on the east side of the property, fronting onto Middle Road. There is a wooded
area located in the south-west corner of the property and a hydro corridor running
across the property in the north. The majority of the property is farmed for corn and
feed grain crops that support the owner's dairy operation.
3.2. The surrounding uses are as follows:
North: Regional Road 20, hydro corridor, agricultural lands and woodlands;
South: Agricultural lands;
East: Middle Road, agricultural lands and woodlands; and
West: Agricultural lands and woodlands.
Figure 3: Surplus farm dwelling at 8800 Middle Road
Municipality of Clarington
Report PSD-045-19
4. Provincial Policy
Provincial Policy Statement
Page 6
4.1. The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term
agricultural uses. The PPS permits lot creation in prime agricultural areas for the
severance of a surplus farm dwelling as a result of farm consolidation.
4.2. The proposal is consistent with the Provincial Policy Statement.
Greenbelt Plan
4.3. The policies of the Greenbelt Plan are intended to protect prime agricultural areas for
long-term agricultural uses. Within the Oak Ridges Moraine Area of the Greenbelt, lot
creation is permitted in the Countryside Area for the severance of a surplus farm
dwelling as a result of farm consolidation, provided that the surplus dwelling area is
limited in size and no new residential dwellings are constructed on the retained parcel of
farmland.
4.4. 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 "Countryside Area" and
"Prime Agricultural Area" within the Oak Ridges Moraine Area designation. The consent
policies of the Plan state that the severance of a farm dwelling rendered surplus as a
result of the consolidation of non -abutting farms is permitted through amendment to the
Plan, and provided that the surplus dwelling area is limited in size and the retained farm
parcel be rezoned to prohibit the establishment of a residential dwelling.
5.2. The applicant has submitted an application for an amendment to the Durham Region
Official Plan. The Region of Durham's Planning & Economic Development Committee
held a public meeting to inform the public of this application on September 3, 2019. A
presentation was made outlining the details of the report. No one in attendance made a
submission or asked any questions.
Clarington Official Plan
5.3. The Clarington Official Plan designates the property as "Prime Agriculture Area" and
"Environmental Protection Area". The severance of a farm dwelling rendered surplus as
a result of the consolidation of non -abutting farms is permitted, provided that the farm is
a minimum of 40 hectares, the surplus dwelling lot is less than 0.6 hectares and the
retained farm parcel be rezoned to prohibit the establishment of any new residential
uses.
Municipality of Clarington
Report PSD-045-19
Page 7
5.4. The retained farm parcel will be 21.73 hectares in size and the surplus dwelling lot will
be 0.41 hectares. The applicant has submitted an application for an amendment to the
Clarington Official Plan to permit the farm parcel to be 21.73 hectares, as opposed to
the minimum required 40 hectares.
6. Zoning By-law
6.1. Zoning By-law 2005-109 zones the subject lands "Prime Agriculture (A) Zone" and
"Environmental Protection (EP) Zone" with a Minimum Area of Influence. The proposed
Zoning By-law Amendment would rezone the agriculturally zoned portion of the retained
farm parcel to prohibit any residential uses and will fulfil the requirements of Provincial
policy and Durham Region and Clarington Official Plan policies.
7. Summary of Background Studies
7.1. A Planning Justification report prepared by Clark Consulting was submitted in support of
this application. The report concludes that the application to sever a surplus farm
dwelling meets the objectives and requirements of the Provincial Policy Statement,
Region of Durham Official Plan policies and the intent of the Clarington Official Plan
policies. As part of the report a map identifying the other farm parcels owned by
Werrcroft Farms Ltd. was provided. A total of eight land holdings, including the subject
lands, make up the Werrcroft Farms Ltd. operation (see Figure 4).
7.2. The report also addresses the Minimum Distance Separation formulae. The report
concludes that the application meets the policies of the Minimum Distance Separation
formulae.
7.3. A Phase I Environmental Site Assessment was also submitted. The report concluded
that a Phase II review is not required.
8. Public Notice
8.1. Public notice was mailed to each landowner within 300 metres of the subject lands on
August 15, 2019 and Public Meeting signs were installed fronting onto Regional Road
20 and Middle Road on August 19, 2019. A notice of this recommendation report
scheduled for the Planning and Development Committee Meeting on October 22, 2019
was mailed to the interested parties on September 23, 2019.
8.2. Staff received one call from a real estate agent who is interested in the surplus dwelling
that has been listed for sale.
Municipality of Clarington
Report PSD-045-19
Reg Rd �6
OSHAwA
0
Page 8
'r f5
Figure 4: Location of farm parcels owned by Werrcroft Farms Ltd.
9. Agency Comments
Durham Region
9.1. Durham Region Planning, Works Department and Health Department have no
objections to the applications.
Central Lake Ontario Conservation Authority
9.2. Central Lake Ontario Conservation Authority have no objection to the applications.
Other Agencies
9.3. Hydro One have no objections to the applications.
10. Departmental Comments
10.1. The Clarington Building Division, Engineering Services Department and Emergency and
Fire Services Department have no objections to the applications.
Municipality of Clarington
Report PSD-045-19
11. Discussion
Page 9
11.1. The Provincial Policy Statement encourages the long-term viability of agricultural areas
and limits the opportunities to create new parcels in the rural area. Severances of
surplus farm dwellings are permitted by the Province, as it is recognized that farmers
may not be interested in acting as landlords when acquiring additional farmland. The
Durham Region and Clarington Official Plans allow farm consolidation when possible to
ensure long-term viability of agricultural operations. The Plans set out regulations for
the severance of a surplus farm dwelling as a result of farm consolidation. The Zoning
By-law will only come into effect once both the Regional and Local Official Plan
Documents have been approved.
11.2. The Clarington Official Plan policies require that when a surplus dwelling is severed
from a farm parcel that is non -abutting, the farm parcel must have a minimum lot area of
40 hectares. The purpose of this policy is to ensure that the lands are viable for a farm
operation upon severing. This application proposes an amendment to the Clarington
Official Plan to permit the retained farm parcel to be 21.73 hectares. In this case, the
existing lot is considered smaller than a typical agriculture parcel, as it is only 22.14
hectares. Werrcroft Farms Ltd. have been farming this property for over 50 years. The
operation of this farm and the seven other land holdings support the overall operation of
the owner's dairy farm.
11.3. The proposed severance does not alter the existing land use of the retained farm
parcel. The land has been used for farming operations prior to the severance and will
continue to be used for agricultural purposes by the same owner. It is staff's opinion
that the retained lands will be a viable farm parcel as part of Werrcroft Farms Ltd.
holdings and meets the intent of the Official Plan policies.
11.4. When a surplus farm dwelling is severed, the Regional and Clarington Official Plans in
conformity with the Provincial Policy Statement require the retained farm parcel to be
rezoned to prohibit the establishment of a new residential dwelling on the lot. The
proposed zone for the retained portion of the lot, with the exception of the
"Environmental Protection (EP)" area, is "Prime Agricultural Exception (A-1) Zone". This
zone only permits the non-residential uses set out in the regulations of the "Prime
Agriculture (A) Zone". This will prohibit future residential uses from being established.
11.5. There have been no objections to this application from any circulated agencies or the
public to date.
Municipality of Clarington
Report PSD-045-19
12. Conclusion
Page 10
It is respectfully recommended that Council approve the applications to amend the
Clarington Official Plan (see Attachment 1) and Zoning By-law 2005-109 (see
Attachment 2) and advise the Region of Durham the Municipality of Clarington has no
objection to approval of ROPA 2019-003.
Staff Contact: Isabel Lima, Planner I, (905) 623-3379 ext. 2428 or ILima@clarington.net
Attachments:
Attachment 1 — Official Plan Amendment
Attachment 2 — Zoning By-law Amendment
Interested Parties:
A list of interested parties to be notified of Council's decision is:
Werrcroft Farms Ltd.
Bob Clark
Marlene Boyle
Attachment 1 to
PSD-045-19
affiR4019
Amendment Number 118
To The Municipality of Clarington Official Plan
Purpose: To permit the severance of a non -abutting surplus farm dwelling of
0.41 hectares with a retained farm parcel of 21.73 hectares. The
Official Plan amendment will permit the retained farm parcel to be
less than 40 hectares.
Basis: This amendment is based on an application submitted by
Werrcroft Farms Ltd. to permit the severance of a surplus farm
dwelling as a result of the consolidation of non -abutting farm
parcels. This application was supported by a Planning Justification
Report and Minimum Distance Separation Review and has been
reviewed by public agencies and municipal staff. Consideration
has also been given to Provincial Policy and the current Durham
Regional Official Plan.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
In Section 23.19.4. iii), Table 23-1 "Surplus Farm Dwelling
Lot Exceptions" by adding the following exception:
Table 23-1
Surplus Farm Dwelling Lot Exceptions
Exception
Assessment No.
Legal Description
Area of
Area of
No.
Surplus
Remainder
Dwelling
of Land
Lot (ha)
(ha)
9
010-150-08900
Part Lot 13,
0.41
21.73
(2019)
Conc. 8
former Twp. of
Darlington
Implementation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Municipality of Clarington Official
Plan, regarding the interpretation of the Plan, shall apply in regard
to this Amendment.
Attachment 2 to
PSD-045-19
Corporation of the Municipality of Clarington
By-law Number 2019-
being a By-law to amend By-law 2005-109, 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 2005-109, as amended, of the Corporation of the
Municipality of Clarington for ZBA2019-0011;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 13.0 "Agricultural Zone Category" is hereby amended by adding thereto,
the following new Special Exception zone 13.4 as follows:
"13.4 A Exception Zones
13.4.1 A-1 Zone
Notwithstanding Section 13.2, the lands zoned A-1 on the Schedules to this By-law
may only be used for the Non -Residential Uses set out in Section 13.2.1."
2. Schedule `E3' to By-law 2005-109, as amended, is hereby further amended by
changing the zone designation from "Prime Agricultural Zone (A)" to "Prime
Agricultural Exception Zone (A-1)" as illustrated on the attached Schedule `A'
hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 24 (2) and 34 of the Planning Act.
By -Law passed in open session this day of , 2019.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2019- , passed this day of , 2019 A.D.
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Zoning Change From "A" To "A-1"
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Zoning to Remain "A" N
Zoning to Remain "EP"
Zoning To Remain
"Environmental Protection Minimum Area of Influence"
Zoning By -Law 2005-109 • ZBA 2019-0011
Adrian Foster; Mayor Map: E3 & El C. Anne Greentree, Municipal Clerk