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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: October 5, 2020 Report Number: PSD-039-20
Submitted By: Faye Langmaid, Acting Director of Planning and Development
Reviewed By: Andrew C. Allison, CAO By-law Number:
Resolution#: PD-147-20,
File Number: PLN 41.14 PD-172-20, PD-194-20, PD-078-21
Report Subject: Responding to the delegation by Mr. Hugh Allin regarding the North
Villaae Secondary Plan
Recommendation:
1. That Report PSD-039-20 be received for information.
Municipality of Clarington
Report PSD-039-20
Report Overview
Page 2
This report outlines the process that led to the urban boundary expansion in north Newcastle
in 1996. The potential implications for farm operations in the area will be investigated and
addressed through an Agricultural Impact Assessment as part of the North Village
Secondary Plan project which is current underway.
Land use policy must balance the preservation of existing farm operations with the needs of
growth. This interface is most acutely realized at the urban / rural boundary of our
communities.
1. Background
1.1 Mr. Hugh Allin appeared as a delegation to the Planning and Development Committee
on May 19, 2020. He spoke about the perceived land use conflicts between his former
livestock farm and the development proposed for the North Newcastle Secondary Plan.
Although Mr. Allin's livestock barns at 3574 Concession Road 3 are currently empty he
is concerned about restarting his hog operation due to potential conflicts with future
homeowners. Mr. Allin noted that previously moving the urban boundary of Newcastle
to Concession Road 3 ignored the Provincial standards intended for the protection of
agriculture.
1.2 The Planning and Development Committee referred Mr. Allin's concerns for a report by
staff in Resolution # PD-058-20:
That the delegation of Hugh Allin be referred to staff to report back on the delegation
and, in particular, whether the MDS 1 requirement should have been applied when the
settlement boundary was expanded.
2. History of the Urban Boundary Expansion
2.1 Until the creation of the Clarington Official Plan in 1996, long range planning for lands in
Newcastle were outlined in the Durham Regional Official Plan.
2.2 As part of the Region's Official Plan Review process in 1991 the urban boundary of
Newcastle was proposed to be expanded north from the CPR tracks to Concession
Road 3. At the time, the northern part of that expansion was deferred (Deferral D5 —
See Figure 1) at the request of the Province. Two reasons were given for the deferral:
• To maintain the Minimum Distance Separation between the proposed residential
lands (designated "Living Areas") and an existing farm operation to the north (Mr.
Allin's hog farm, at the time); and
Municipality of Clarington
Report PSD-039-20
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Figure 1: Deferral D5 in the Durham Regional Official Plan
• To await justification for expanding the Newcastle Urban Boundary.
Page 3
2.3 The rest of the Region's Official Plan was approved by the Ministry of Municipal Affairs
and Housing (MMAH) in 1993.
2.4 Following the approval of the Durham Regional Official Plan, Clarington began the
process to create their first Official Plan. As part of the background studies done for the
Clarington Official Plan, a land budget analysis was completed that forecasted future
growth and identified how much land would be needed to accommodate growth. Based
on the analysis, it was determined that the lands in north Newcastle (covered by
Deferral D5) would be required as residential land to accommodate future growth.
2.5 The remaining concern was how to address the Minimum Distance Separation (the
setback between residential lands and farm operations). It was determined by MMAH,
the Region of Durham and Clarington that the Clarington Official Plan would contain a
Municipality of Clarington Page 4
Report PSD-039-20
policy to constrain development at the northeast end of the expanded Newcastle urban
area. This policy constraint was intended to create an "area of influence" from the
ongoing farm operations at the Allin hog farm on the future residential lands.
2.6 As a result of this consensus, the new Clarington Official Plan designated the lands
south of Concession Road 3 as "Urban Residential" with the exception of an area of
influence extending outward from the Allin hog farm, which was designated "Future
Urban Residential" and identified as "Special Policy Area H" now G. The effect of this
policy was to prevent the impacted lands from being developed until the hog farm
ceased operation in the future (See Figure 2).
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Figure 2: Special Policy Area H within the Clarington Official Plan
2.7 Having satisfied the concerns related to Deferral D5, MMAH lifted the deferral to the
Durham Region Official Plan and approved the expansion of the Newcastle Urban Area
boundary to Concession Road 3 with the inclusion of the Future Urban Residential
designation and Special Policy Area H, as discussed above.
Municipality of Clarington Page 5
Report PSD-039-20
3. Agricultural Code of Practice and Minimum Distance
Separation
3.1 The concept of controlling the separation of livestock barns from other potentially
incompatible land uses originated in Ontario in 1970. At the time that the Newcastle
urban boundary expansion was being considered, the Ministry of Agriculture, Food and
Rural Affairs (OMAFRA) was transitioning from the Agricultural Code of Practice to
revised documents titled Minimum Distance Separation (MDS I and MDS II). MDS I is
the document that became applicable in the case of the Newcastle boundary expansion
to Concession Road 3.
3.2 The Agricultural Code of Practice discouraged residential development near farms.
MDS I did not require a separation distance from existing livestock barns to new
dwellings located inside an approved urban area, however it was applicable to the
expansion of urban areas. The Agricultural Code of Practice and MDS I Guidelines
enabled Mr. Allin to operate a hog farm on his property using his existing facilities. To
satisfy the requirements of MDS I the Future Urban Residential Designation and Special
Policy Area H were put in place for the expanded Newcastle Urban Boundary to
Concession Road 3. As a result, the tool for regulating the protection of existing
agricultural operations shifted from MDS to Official Plan land use policy. The
application of MDS remained applicable to properties outside of the urban boundary.
4. Clarington Official Plan Review Process
4.1 In 2007, Clarington began the Official Plan Review process to update the Clarington
Official Plan originally approved in 1996. During the Clarington Official Plan Review, the
Region of Durham approved Regional Official Plan Amendment 128 (ROPA 128).
ROPA 128 was required for the Region of Durham to conform with the Provincial
Growth Plan and the Greenbelt Plan. The changes made by ROPA 128 were intended
to accommodate the population and employment forecasts mandated by the Growth
Plan, meet density targets, and address urban land needs. This exercise and the
population forecasts for the Newcastle urban area supported the need for the lands in
north Newcastle for future growth.
4.2 During the Official Plan Review, Special Policy Area H (renamed Special Policy Area G
due to the removal of another Special Policy Area) was re-evaluated to determine its
relevance. Staff observed that Mr. Allin's hog farm was not in operation. It remained a
priority of the Official Plan Review to support the farming community by requiring
mitigation between urban and rural interfaces on the urban side of the boundary.
Residential development into new areas of the community would be preceded by
detailed Secondary Plans. As a result, one of the background studies required for new
Secondary Plans that border on rural areas is an Agricultural Impact Assessment (AIA).
Therefore, although the Special Policy Area was deleted from the Official Plan through
Municipality of Clarington
Report PSD-039-20
Page 6
Amendment 107 the intended protection remains within the Secondary Plan review
process.
23.3.9. Secondary Plans shall implement the policies of this Plan and the Durham
Regional Official Plan policies for Secondary Plans, in particular:
h) The measures to mitigate the potential conflicts between the development and
existing agricultural uses;
23.3.10 The following background studies and analyses are generally required in
support of new Secondary Plans:
h) An assessment of potential impact on adjacent agricultural operations and
recommendations for mitigation;
4.3 The AIA prepared for a Secondary Plan will identify any agricultural / urban activities
that may result in future conflicts and provide potential solutions.
4.4 Through OPA 107 in 2017, Special Policy Area G and the "Future Urban Residential"
designations were removed from the lands in north Newcastle. This had a two -fold
effect:
a. It confirmed the need for the lands to be developed to meet 2031 population
projections; and
b. Deferred responsibility for reviewing and mitigating impacts on surrounding
agricultural operations to the Secondary Planning process. This decision was
supported by Clarington Council through the adoption of OPA 107 and Durham
Region with their approval of OPA 107.
5. North Village Secondary Plan Process
5.1 Planning for the North Village Secondary Plan (North Village) will be in conformity with
Provincial policies. Part of the planning for North Village includes an Agricultural Impact
Assessment (AIA) that will review and recommend mitigation measures to reduce
potential conflicts between urban and rural land uses. This includes all agricultural
operations within the area.
5.2 The North Newcastle Village Secondary Plan was initiated by a Public Meeting on April
1, 2019. The first Public Information Centre was held on November 21, 2019, which
was an open house to introduce the project to the public and begin generating
feedback.
Municipality of Clarington Page 7
Report PSD-039-20
5.3 Work is underway on Phase One of the background studies for the Secondary Plan
including technical reports and an illustrated analysis of opportunities and constraints.
5.4 Included in the background technical reports is an Agricultural Impact Assessment
(AIA). The intent of this report is to:
Determine any potential adverse physical and operational impacts of the proposed
uses described in the Secondary Plan;
An assessment of potential alternatives to land use configurations that
avoid/mitigate impacts to OP designated agricultural areas; and
Recommendations for mitigation/avoidance measures that are to be incorporated
within the Secondary Plan.
5.5 The initial AIA will contain a review of agricultural land uses surrounding the project
area, and applicable planning policies and regulations. The AIA report will continue to
be updated throughout the course of the Secondary Plan to respond to the specific land
use plans as they are developed. The AIA will not be finalized until late in the
Secondary Plan process. In addition to the broad scope the AIA will provide, it will also
include a specific analysis of the concerns raised by Mr. Allin. These concerns include:
What is needed for either the current or future owner to operate this farm as a hog
operation again in the future?
What are the potential impacts from the approval of the North Village Secondary
Plan on the future viability of a hog operation on the subject lands?
5.6 The North Village Secondary Plan process will include several events to actively seek
public input. These events include:
• Initial Public Meeting — Authorize to commence project — Completed
• Public Information Centre #1 — Introduce the project and goals — Completed
• Public Information Centre #2 — Present technical background reports — Fall 2020
• Public Information Centre #3 — Present alternative land use plans — TBD
• Open House — Present preferred land use plan
• Statutory Public Meeting — Present draft Secondary Plan
5.7 The North Village Secondary Plan review is expected to take two years to complete.
During the process there will be multiple opportunities for the public to provide feedback
and comments. At the conclusion of the review, a recommended plan will be presented
to Clarington Council. The Secondary Plan when adopted by Council will then be
forwarded to the Region of Durham for final approval.
Municipality of Clarington
Report PSD-039-20
6. Summary
Page 8
6.1 The expansion of the urban boundary of Newcastle to Concession Road 3 was
approved based on a land needs assessment and the creation of policies in the
Clarington Official Plan that would continue to protect existing farm operations. The
land use policy changes introduced by the updated Clarington Official Plan, including
the removal of the Special Policy Area G, did not have a direct impact on Mr. Allin's
ability to continue to operate a hog operation from his existing barns.
6.2 As part of the review of the North Village Secondary Plan an Agricultural Impact
Assessment will be prepared to evaluate potential conflicts between urban and rural
land uses. As the Secondary Plan progresses, additional information on potential
mitigation measures will be identified.
6.3 Mr. Allin has acknowledged that he voluntarily depopulated his hog stock. As a result,
the property at 3574 Concession Road 3 has not been used as a hog farm for quite
some time. However, Mr. Allin or a subsequent owner, currently maintain the ability to
restart a hog operation if they wish to do so. However, it must be noted that future
expansion of livestock operations on the subject lands must comply with all applicable
policies and regulations (e.g. MDS).
6.4 Mr. Allin may continue to use his property under the permissions provided by the Zoning
By-law. His property is zoned, in part, "Agricultural (A)" which permits farm operations
including the keeping of livestock. Any renovations or expansions to the existing
livestock facilities will be subject to the relevant Provincial policies, Ontario Building
Code, Zoning requirements and respective industry standards (i.e. Ontario Pork).
7. Concurrence
7.1 Not Applicable.
8. Conclusion
8.1 It is respectfully recommended that this report be received for information.
Staff Contact: Paul Wirch, Senior Planner, 905-623-3379 ext. 2418 or pwirch(a)_clarington.net.
Interested Parties:
The following interested parties will be notified of Council's decision:
Hugh Allin
Corrine Turansky