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HomeMy WebLinkAboutPDS-023-21Public 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: April 26, 2021 Report Number: PDS-023-21 Submitted By: File Number: Ryan Windle, Director of Planning and Development Services ZBA2021-0003 & OPA2021-0002 Resolution#: Cross Reference: ROPA2021-001 Report Subject: Official Plan and Zoning By-law Amedment applications to facilitate the severance of a surplus farm dwelling. Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1.That Report PDS-023-21 be received; 2.That the application to amend the Clarington Official Plan and Zoning By-law 84-63 continue to be processed; 3.That Staff receive and consider comments from the public and Council with respect to OPA2021-0002 and ZBA2021-0003; and 4.That all interested parties listed in Report PDS-023-21 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-023-21 Report Overview 172596 Ontario Ltd. has submitted applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. The Clarington Official Plan Amendment would permit a farm parce l less than 40 hectares and a residential parcel larger than 0.6 hectares. The Zoning By-law Amendment would prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. 1. Application Details 1.1 Owner/Applicant: 172596 Ontario Ltd. 1.2 Agent: Clark Consulting Services 1.3 Proposal: General To facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. The retained farm parcel would consolidate with non-abutting farmlands owned by 172596 Ontario Ltd. and Algoma Orchards Ltd. Official Plan Amendment To permit a farm parcel less than 40 hectares and a residential parcel larger than 0.6 hectares. The retained farm parcel would be 35.18 hectares and the severed residential parcel would be 0.62 hectares. Zoning By-law Amendment To prohibit future residential development on the retained farm parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings from 15 metres to 11.5 metres for one building and 8.3 metres for another. 1.4 Area: 35.8 ha 1.5 Location: 40 Station Street, Orono (See Figure 1) 1.6 Roll Number: 181703005012401 Municipality of Clarington Page 3 Report PDS-023-21 1.7 Within Built Boundary: No Figure 1: Proposed severed and retained parcels Municipality of Clarington Page 4 Report PDS-023-21 2. Background 2.1 On February 11, 2021 172596 Ontario Ltd. submitted applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. An application for the associated Regional Official Plan Amendment (ROPA2021-001) has been submitted to the Region of Durham. 2.2 The Regional Official Plan Amendment is required to permit the severance of a farm dwelling rendered surplus as a result of acquiring a non-abutting farm and severing the surplus dwelling. The Region of Durham’s Planning and Economic Development Committee will hold a Public Meeting on May 21, 2021. 2.3 Should these applications be approved, a future Land Division would be required to permit the severance of a surplus farm dwelling. The applicant is proposing a shared driveway access. An easement would be required over the existing driveway in favour of the severed residential parcel as part of the Land Division application. 2.4 As part of a surplus farm dwelling severance, the Clarington Official Plan requires the retained farm parcel maintain a minimum of 40 hectares and the severed residential parcel a maximum of 0.6 hectares. An Official Plan Amendment was submitted to permit the retained farm parcel with an area of 35.18 hectares and the severed residential parcel with an area of 0.62 hectares. The retained parcel will consolidate with non- abutting farmlands owned by 172596 Ontario Ltd. and Algoma Orchards Ltd. See Figure 2. Figure 2: 172596 Ontario Ltd. and Algoma Orchards Ltd. Land Holdings Municipality of Clarington Page 5 Report PDS-023-21 2.5 A Zoning By-law Amendment is required to prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. 2.6 The applicant has submitted the following report in support of the applications:  Planning Justification Report prepared by Clark Consulting  Site Screening Questionnaire (SSQ) prepared by GHD 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are 35.8 hectares in size with an existing detached dwelling on the southwest side of the property, fronting Station Street. There are five farm buildings also located on the southwest portion of the property. These buildings are used to store farm equipment. The residential dwelling and the farm buildings are accessed by a shared driveway. Most of the property is an apple orchard. Orono Creek traverses the southern portion of the property. 3.2 The detached dwelling on the property is on the Municipal Register as it is designated under the Part IV Ontario Heritage Act and is known as the John Cobbledick House. The detached dwelling was built in the 1860s. 3.3 The surrounding land uses are as follows: North Agricultural lands South Rural residential and agricultural lands East Agricultural lands West Highway 115/35 and Orono 4. Provincial Policy Provincial Policy Statement 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 subject to the criteria outlined in Policy 2.3.4.1 (c). Greenbelt Plan 4.2 The policies of the Greenbelt Plan are intended to protect prime agricultural areas for long-term agricultural uses. Within the Protected Countryside designation of the Greenbelt Plan, lot creation is permitted for the severance of a surplus farm dwelling as a result of farm consolidation, provided that the surplus farm dwelling area is limited in size and no new residential dwellings are constructed on the retained parcel of farmland. Municipality of Clarington Page 6 Report PDS-023-21 4.3 The southwest corner of the property is within the Natural Heritage System of the Greenbelt Plan. The proposed surplus farm dwelling severance does not propose any land use change or development in this area. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the sub ject property as “Prime Agricultural Areas.” Within Prime Agricultural Areas the severance of a farm dwelling rendered surplus as a result of a non-abutting farm consolidation is permitted by amendment to the Regional Official Plan. 5.2 The applicant has applied for a Regional Official Plan Amendment (ROPA2021-001). The Region of Durham’s Planning and Economic Development Committee will hold a Public Meeting on May 4, 2021. Clarington Official Plan 5.3 The Clarington Official Plan designates the lands to be severed “Rural” and the retained lands “Prime Agricultural,” “Rural” and “Environmental Protection”. 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 land area of the parcel on which the surplus dwelling would be located is a maximum of 0.6 hectares and that the farm parcel is rezoned to prohibit the establishment of any new residential uses. 5.4 The retained farm parcel would be 35.18 h ectares in size and the surplus farm dwelling would be 0.62 hectares. The applicant has submitted an application for an amendment to the Clarington Official Plan for the farm parcel to be less than the minimum required 40 hectares and for the residential parcel to be more than the maximum 0.6 hectares. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject property as Agricultural Exception (A -1) and Environmental Protection (EP). The 0.62 hectare residential parcel to be severed is entirely within the Agricultural Exception (A-1) Zone. The proposed Zoning By-law Amendment would prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings from 15 metres to 11.5 metres of one building and 8.3 metres for the other. Municipality of Clarington Page 7 Report PDS-023-21 7. Summary of Background Studies 7.1 A Planning Justification Report prepared by Clark Consulting was submitted in support of the applications. The Report concludes that the applications to sever a surplus farm dwelling meet the objectives and requirements of the Provincial Policy Statement, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. A total of 19 land holdings, including the subject lands, make up the 172596 Ontario Ltd. and Algoma Orchards Ltd. farming operation as shown on Figure 2. 7.2 The Report also addresses the Minimum Distance Separation formulae. The Report concludes that there is no livestock facility on the retained farm parcel and that the housing of livestock in the existing accessory farm structures should be prohibited. The Report indicates that the proposed applications comply with the MDS formulae guidelines. 7.3 A Site Screening Questionnaire was submitted by GHD. The Report concludes that the present land use at 40 Station Street has a low level of concern from an environmental assessment perspective and is suitable for the proposed severance. No further environmental assessment was recommended. 8. Public Notice 8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on April 1, 2021. 8.2 On April 6, 2021 public meeting signs were installed on the property, fronting Station Street, Highway 115/35 and Concession Road 5. 8.3 At the time of writing this report no enquiries were received on the applications. 9. Agency Comments Durham Region 9.1 Durham Region Planning notes that the proposal is also the subject of an application to amend the Durham Region Official Plan. A decision has not been made on the Regional Official Plan Amendment. A Public Meeting will be held on May 4, 2021. Ministry of Transportation (MTO) 9.2 The Ministry of Transportation has no concerns with the proposal. Any redevelopment would require MTO permits. The retained parcel is not permitted access to Highway 115/35. Access would only be permitted via Station Street. Municipality of Clarington Page 8 Report PDS-023-21 Ganaraska Region Conservation Authority (GRCA) 9.3 The Ganaraska Region Conservation Authority (GRCA) has no objection to the applications as the severed parcel does not fall within the GRCA’s Regulation limits. 10. Departmental Comments 10.1 The applications were circulated to the Infrastructure Division of Public Works and the Emergency and Fire Services Department. Neither department has concerns with the applications. 11. Discussion 11.1 The Provincial Policy Statement (PPS) encourages the long-term viability of agricultural areas and limits opportunities to create new parcels in rural and agricultural areas. The PPS encourages farm consolidations and recognizes that farmers may not be interested in acting as landlords when acquiring additional farmland. The Durham Region and Clarington Official Plans allow farm consolidation where possible to ensure the long - term viability of agricultural operations. The Regional and Clarington Official Plans set out regulations for the severance of a surplus farm dwelling as a result of farm consolidation. When a surplus farm dwelling is severed, no new residential dwellings are permitted on the agricultural parcel. 11.2 The severance of a dwelling rendered surplus as a result of a non-abutting farm consolidation is permitted by amendment to the Regional Official Plan. The applicant has submitted a Regional Official Plan Amendment (ROPA-2021-001) to allow for a surplus farm dwelling severance as a result of non-abutting farm consolidation. 11.3 The Clarington Official Plan policies require that when a surplus farm 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. In this case, the existing farm parcel is considered smaller than a typical agricultural parcel, as it is 35.8 hectares, however the subject lands have been successfully farmed as an apple orchard. The Official Plan also requires that the severed surplus dwelling be a maximum of 0.6 hectares. The application proposes an amendment to the Clarington Official Plan to permit a 35.18 hectare farm parcel to and a 0.62 hectare residential parcel. 11.4 When a surplus farm dwelling is severed, the Regional and Clarington Official Plans in conformity with Provincial policy, require that the retained farm parcel be rezoned to prohibit future residential development. The 0.62 hectare residential parcel to be severed is entirely within the Agricultural Exception (A-1) Zone. The application for a Zoning By-law Amendment would prohibit future residential development on the retained farm parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. Farm Buildings 2 and 5 as outlined on the submitted draft Reference Plan would require a reduction in the interior side yard setback from 15 metres to 11.5 metres and 8.3 metres respectively. Municipality of Clarington Page 9 Report PDS-023-21 11.5 The detached dwelling is on the Municipal Register as it is designated under Part IV of the Ontario Heritage Act. Generally, development on or adjacent to a cultural heritage resource may be permitted where the proposed development has been evaluated through a Heritage Impact Assessment and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Comments conclude that the Planning Justification Report prepared by Clark Consulting should be revised to address the heritage designation on the subject property and that the applications should be circulated to the Clarington Heritage Committee for review. At this time, additional comments may be provided. 12. Concurrence 12.1 Not applicable. 13. Conclusion 13.1 The purpose of this report is to provide background information on the development applications submitted by 172596 Ontario Ltd. for the Public Meeting under the Planning Act. Staff will continue processing the applications including the preparation of a subsequent report upon circulation and further comments from the Heritage Committee. Staff Contact: Toni Rubino, Planner, 905-623-3379 ext. 2431 or trubino@clarington.net. Interested Parties: List of Interested Parties available from Department.