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Report To: Planning and Development Committee
Date of Meeting: June 28, 2021 Report Number: PDS-037-21
Submitted By: Ryan Windle, Director of Planning and Development Services
Reviewed By: Andrew C. Allison, CAO Resolution#: PD-198-21,
PD-201-203-21
File Number: ZBA2021-0003 & OPA2021-0002 By-law Number: 2021-059
Report Subject: Official Plan and Zoning By-law Amendment applications to facilitate
the severance of a surplus farm dwelling
Recommendations:
1.That Report PDS-037-21 be received;
2.That the Municipality of Clarington has no objections to the approval of
ROPA 2021-001
3.That Amendment No. 128 to the Clarington Official Plan as contained in
Attachment 1 of Report PDS-037-21 be adopted;
4.That the By-law to amend Zoning By-law 84-63 attached to Report PDS-037-21, as
Attachment 2, be approved;
5.That with regard to Heritage Designation of 40 Station Street, Orono:
(i) the draft updated Designation By-law (Attachment 3) be endorsed;
(ii) the enactment of the updated Designation By-law be required as a condition
of approval of any future Land Division application on the subject lands; and
(iii) the Clerk be authorized to issue the required Notice under Part IV of the
Ontario Heritage Act to initiate the process to amend the designation on the
subject lands.
6.That all interested parties listed in Report PDS-037-21 and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-037-21
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 to accommodate a farm consolidation with non-abutting farmlands. The Clarington
Official Plan Amendment would permit a farm parcel less than 40 hectares and a residential
parcel slightly 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.
The purpose of this report is to recommend that Council adopt the Clarington Official Plan
Amendment, approve the Zoning By-law Amendment, and endorse the draft updated
Heritage Designation By-law as contained in Attachments 1 – 3 of Report PDS-037-21.
Additionally, it is recommended that Council advise the Region of Durham Planning and
Economic Development Department that they have no objection to the approval of the
Regional Official Plan (ROPA 2021-001) required to accommodate the severance of a farm
dwelling rendered surplus as a result of a non-abutting farm consolidation.
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 S tation
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
Municipality of Clarington Page 3
Report PDS-037-21
and reduce the southerly interior side yard setback for non-
residential buildings existing prior to July 5, 2021 to 8.3 metres.
1.4 Area: 35.8 ha
1.5 Location: 40 Station Street, Orono (See Figure 1)
1.6 Roll Number: 181703005012401
1.7 Within the Built Boundary: No
Figure 1 Proposed Severed and Retained Parcels
Municipality of Clarington Page 4
Report PDS-037-21
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 (ROPA 2021-001) 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 held a Public Meeting on June 1, 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 would consolidate with non-
abutting farmlands owned by 172596 Ontario Ltd. and Algoma Orchards Ltd. (See
Figure 2).
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 reports in support of the applications:
Planning Justification Report prepared by Clark Consulting; and
Site Screening Questionnaire (SSQ) prepared by GHD
Municipality of Clarington Page 5
Report PDS-037-21
Figure 2: 172596 Ontario Ltd. and Algoma Orchards Ltd. Land Holdings
3. Land Use Characteristics and Surroundings 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
Municipality of Clarington Page 6
Report PDS-037-21
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 dwelli ng 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.
4.3 The southwest corner of the property is within the Natural Heritage S ystem 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 Regional Official Plan
5.1 The Durham Region Official Plan designates the subject 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 (ROPA 2021-001).
The Region of Durham’s Planning and Economic Development Committee held a Public
Meeting on June 1, 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.
Municipality of Clarington Page 7
Report PDS-037-21
5.4 The retained farm parcel would be 35.18 hectares 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 t he
Minimum Distance Separation (MDS) formulae and reduce the southerly interior side
yard setback for non-residential buildings existing prior to July 5, 2021, to 8.3 metres.
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 An Addendum Report was submitted to acknowledge the heritage designation on the
property.
7.3 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.
7.4 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 o n
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. A Public Meeting was held on April 26,
2021. There were no members of the public that spoke on the applic ations.
Municipality of Clarington Page 8
Report PDS-037-21
8.3 A notice of Recommendation Report scheduled for the Planning and Development
Committee Meeting on June 28, 2021, was mailed to the interested parties on June 16,
2021.
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 was held on June 1, 2021. No one spoke in
opposition to the applications.
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.
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.
Municipality of Clarington Page 9
Report PDS-037-21
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 far m 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 he ctares. 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. Two
farm buildings would require a reduction in the interior side yard setback. The southerly
side yard setback requirement would be reduced from 15 metres to 8.3 metres. The
reduction is to accommodate two existing structure and, in Staff’s opinion would not
result in any negative impacts.
11.5 The subject property is on the Municipal Register as it is designated under Part IV of the
Ontario Heritage Act by By-law 90-22. 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.
11.6 The Clarington Heritage Committee (CHC) was consulted on the subject applications at
its April 20, 2021, meeting. The CHC recommended the current Designation By-law 90-
22 be updated to address the contextual significance of the proposed severed land s,
including the position of the dwelling on the hill, and the driveway access that winds to
avoid crossing in front of the dwelling. An amendment to the By-law 90-22 would also be
required to update the legal description to reflect the extent of the future severed lands.
The draft designation by-law (Attachment 3) was informed by an ‘Evaluation of 40
Station Street According to Ontario Regulation 9/06 (criteria for establishing cultural
heritage value or interest)’, prepared by Archaeological Research Associates Ltd., and
presented to the CHC on June 15th. The CHC and Staff recommend the enactment of
the updated Designation By-law be required, pursuant to the requirements of the
Ontario Heritage Act, as a condition of approval of any subsequent Land Division
application to sever the designated heritage dwelling to ensure the continued
conservation of this cultural heritage resource.
Municipality of Clarington Page 10
Report PDS-037-21
12. Concurrence
Not Applicable.
13. Conclusion
It is respectfully recommended that Council: adopt the amendment to the Clarington
Official Plan (see Attachment 1), approve the amendment to Zoning By-law 84-63 (See
Attachment 2), endorse the draft updated Designation By-law (See Attachment 3) and
advise the Region of Durham that the Municipality of Clarington has no objection to the
approval of ROPA 2021-001.
Staff Contact: Toni Rubino, Planner, (905) 623-3379 ext. 2431 or trubino@clarington.net.
Attachments:
Attachment 1 – Official Plan Amendment
Attachment 2 – Zoning By-law Amendment
Attachment 3 – Draft Updated Designation By-law
Interested Parties:
The following interested parties will be notified of Council's decision:
172596 Ontario Ltd.
Bob Clark, Clark Consulting
Attachment 1 to
Municipality of Clarington Report PDS-037-21
Amendment Number 128
To The Municipality of Clarington Official Plan
Purpose: To permit the severance of a non-abutting surplus farm dwelling of
0.62 hectares with a retained farm parcel of 35.18 hectares. The
Official Plan Amendment will permit the severed parcel to be
greater than 0.60 hectares and the retained parcel to be less than
40 hectares.
Basis: This amendment is based on an application submitted by 172596
Ontario 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:
1. 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
No.
Assessment No. Legal Description Area of
Surplus
Dwelling
Lot (ha)
Area of
Remainder
of Land
(ha)
“10
030-050-12401
(2021)
Part Lot 27,
Conc. 5
former Twp. of
Clarke
0.62 35.18”
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
Municipality of Clarington Report PDS-037-21
Corporation of the Municipality of Clarington
By-law Number 2021-______
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 ZBA2021-0003;
Now Therefore Be It Resolved That, the Council of the Corp oration 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-1) Zone” to Agricultural Exception (A-94)
Zone” as illustrated on the attached Schedule ‘A’ hereto.
3.Notwithstanding Section 6.1 and 6.3 c iii), the lands zoned A-94 on the Schedules
to this By-law may only be used for the Non-Residential Uses set out in Section
6.4.1 b. in accordance with the following regulations:
a. Non-residential buildings existing prior to July 5, 2021 may not house livestock.
b. Southerly interior side yard setback (minimum) for non-residential buildings
existing prior to July 5, 2021 8.3 meters
c.Interior side yard setback (minimum) for non-residential buildings constructed after
July 5, 2021 15 meters
4.Schedule ‘A’ attached hereto shall form a part of this By -law.
5.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 ____________, 2021.
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk
Attachment 3 to
Municipality of Clarington Report PDS-037-21
The Corporation of the Municipality Of Clarington
By-Law No. 2021 – XXX
Being a by-law to designate the property known for municipal purposes as 40 Station
Street (Orono), Municipality of Clarington as a property of historic or architectural value
or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18;
Whereas the Ontario Heritage Act, R. S. O., 1990, c.O. 18 authorizes the Council of the
Municipality to enact by- laws to designate properties to be of historic or architectural
value or interest for the purposes of the Act; and
AND WHEREAS the subject lands are currently designated under Part IV of the Ontario
Heritage Act by By-law 90-22, and have been severed (File No. LD XXX/20XX);
AND WHEREAS the Council of the Corporation of the Municipality of Clarington has
caused to be served upon the owner of the property known for municipal purposes as
40 Station Street and upon the Ontario Heritage Foundation, Notice of Intention to
Designate the aforesaid real property and has caused such Notice of Intention to be
published in the Clarington This Week, a newspaper having general circulation in the
area of the designation on_________ ; and
AND WHEREAS the reasons for the designation of t he aforesaid property under the
Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this
by-law; and
AND WHEREAS the Clarington Heritage Committee has recommended that the
property known for municipal purposes as 40 Station Street Orono, be designated as a
property of historic or architectural value or interest under the Ontario Heritage Act; and
ANDWHEREAS no notice of objection to the proposed designation was served upon
the Municipal Clerk within the period prescribed by the Ontario Heritage Act;
Now Therefore the Council of the Corporation of The Municipality of Clarington hereby
enacts as follows:
1. The property known for municipal purposes as 40 Station Street, Orono, which is
more particularly described in Schedule "B" which is attached to and forms part of
this by- law, is hereby designated as a property which has historic or architectural
value or interest under Section 29 of the Ontario Heritage Act, R. S. O. 1990, c.,
O. 18.
2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a
copy of this by-law to be registered against the title to the property described in
Schedule "B" hereto.
3. The Municipal Clerk is hereby authorized to cause a copy of this by -law to be
served upon the owner of the property described in Schedule "B" hereto and on
the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause
notice of the passing of this by-law to be published in the Clarington This Week, a
newspaper having general circulation in the area of the designation.
4. That By-law 90-22 be Repealed
By-law passed in open session this ____ day of _____, 2021
_____________________________
June Gallagher, Municipal Clerk
___________________________
Adrian Foster, Mayor
Schedule 'A'
To By-law 2021- XXX
Statement of Significance and list of character defining features.
Description of Property
40 Station Street, Orono is known as the “John Cobbledick House”, and is located on
Lot 27, Concession 4 in the Township of Clarke, Municipality of Clarington. The property
consists of a one-and-a-half storey, fieldstone residential structure that dates to 1853.
Statement of Cultural Heritage Value or Interest
40 Station Street is a representative example of a Georgian style residence built in the
mid-19th century. The one-and-a-half storey structure with course fieldstone and
uncoursed masonry displays historic masonry styles and techniques. Elements typical
of the Georgian Style include the symmetrical three-bay façade, the central doorway
and rectangular window openings, the refined wooden molded cornice, and prominent
wooden molded door surrounds at the entrance and boxed eave return.
Contextual Value
40 Station Street is a visual landmark. It is positioned at the crest of a slight hill and is
prominent when viewed from Station Street. The property’s historical architectural style
and massing contributes to the building’s status as a visual landmark.
Description of Heritage Attributes
40 Station Street is a representative example of a Georgian style residence built in the
mid-19th century. The property contains the following heritage at tributes that reflect
these values:
• One-and-a-half storey Georgian style residence
• Side gable roof
• Symmetrical, three-bay façade
• Coursed fieldstone masonry on façade with beaded mortar profile
• Uncoursed fieldstone masonry on north and south elevation
• Rectangular window openings with jack arch and finished with stone voussoirs
• Decorative wooden molded roof cornice
• Central entryway with rectangular transom and sidelights
• Wooden door surround around entry door with moulded entablature and
architrave framed by pilasters
• Stone chimney on north elevation
• Remaining wood windows casements and sills
40 Station Street is a visual landmark. It is positioned at the crest of a slight hill and is
prominent when viewed from Station Street. The property contain s the following
heritage attributes that reflect these values:
• One-and-a-half storey Georgian style residence
• Location on a slight rise above Station Street
• View from Station Street across the rising topography to the façade of the stone
residence
• Mature trees that frame the residence
Schedule 'B'
To By-law 2021- XXX
Legal Description:
Part Lot 27, Concession 5
Part 11, Part 1, Part 4, Plan 10R919
Municipality of Clarington
Regional Municipality of Durham
PIN 26680-0006 (LT)
Note: the legal description is subject to change upon the approval of a related Land
Division application.