HomeMy WebLinkAboutPSD-068-11 Clarftwn
PLANNING I
PUBLIC TI IV
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 12, 2011 Resolution #: 6PW-a W By-law #:
Report #: PSD-068-11 File #:ZBA 2011-0025 (X-Ref#: LD2011-046)
Subject: TO PERMIT REZONING OF A FARM PROPERTY TO PROHIBIT
RESIDENTIAL USES
APPLICANT: STEPHEN SELBY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-068-11 be received;
2. THAT provided there are no significant issues raised at the public meeting, the
application to amend Zoning By-law 84-63 to facilitate the severance of a surplus farm
dwelling be approved and that the attached Zoning By-law Amendment (Attachment 1)
be adopted by Council;
3. THAT the Region of Durham and the Durham Region Land Division Committee be
forwarded a copy of Report PSD-068-11 and Council's decision; and
4. THAT all interested parties listed in Report PSD-068-11 and any delegations be advised
of Council's decision.
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Submitted by: k - Reviewed by:
'yidl ids rnklin Wu,
Dav °Crome, MCIP, RPP a
Director of Planning Services "I Chief Administrative Officer
NG/CS/df/ah
31 August 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-068-11 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Stephen Selby
1.2 Owner: Stephen and Patti Selby
1.3 Proposal: The Applicant proposes to rezone 13.6 hectare of farm land from
"Agricultural Exception (A-1) Zone" to "Agriculture Exception (A-81) Zone"
to prohibit residential uses. The rezoning will support a concurrent
application to the Land Division Committee to sever a surplus farm
dwelling and merge the retained agricultural land with the abutting farm
property.
1.4 Area: 13.6 hectares
1.5 Location: Part Lot 34, Concession 3, Former Township of Clarke,
3431 Gibson Road
2. BACKGROUND
2.1 On July 25th, 2011, Stephen Selby submitted an application to rezone 13.6 ha (33.7
acres) of farmland as a condition of approval by the Durham Region Land Division
Committee to sever a surplus farm dwelling. The rezoning would prohibit residential
uses on the remnant parcel created by the severance.
2.2 Mr. Selby's farming operation is comprised of about 350 ha and consists of corn,
soybeans and a dehydration operation. Mr Selby's plans are to merge the severed
parcel with the abutting 55.4 ha farm property to the east of the subject lands, creating a
69 ha agricultural parcel. The proposal will provide access to Gibson Road, which will
assist him in reaching his other agricultural lands on the west side of Gibson Road.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property to be rezoned is vacant agricultural land. The proposed surplus
dwelling is centrally located along the west side of the 13.6 ha farm property and has
access via Gibson Road. A cold water stream runs to the northwest of the subject lands.
3.2 A farm north of the subject lands consists of a detached dwelling and poultry barns. The
abutting Selby farm parcel to the east along Pollard Road consists of a single detached
dwelling and associated farm buildings.
REPORT NO.: PSD-068-11 PAGE 3
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View of existing surplus residential dwelling and abutting lands
REPORT NO.: PSD-068-11 PAGE 4
3.3 The surrounding uses are as follows:
North - Agricultural
South - Agricultural, Rural Residential
East - Agricultural
West - Agricultural
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term
agricultural uses. The PPS also permits lot creation for a residence surplus to a farming
operation as a result of a farm consolidation, provided that new residential dwellings are
prohibited on any vacant remnant parcel of farmland created by the severance.
New land uses in rural areas, including the creation of lots, shall comply with the
Minimum Distance Separation Formula (MDS). The poultry barns to the north of the
subject property are not taken into consideration in situations where the dwelling
deemed surplus is already in existence and located on a lot separate from the poultry
barn. The potential odour conflict is already considered present between the
neighbouring livestock facility and the existing dwelling. The application complies with
MDS Formula and conforms to the Provincial Policy Statement.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the property as "Prime Agricultural Area."
The Plan encourages the consolidation of agricultural parcels of land, wherever
possible.
The severance of a dwelling rendered surplus as a result of consolidation of abutting
farms may be granted, provided that:
• the farms are merged into a single parcel;
• the dwelling is not needed for a farm employee; and
• the retained farm parcel is zoned to prohibit any further severances and the
establishment of any residential dwelling.
As part of the condition for the severance, the 13.6 ha parcel is to be rezoned to prohibit
the establishment of any residential dwelling. The applicant is proposing to rezone the
subject lands to an "Agricultural Exception (A-81) Zone" which prohibits residential uses.
The application conforms to the Durham Region Official Plan.
REPORT NO.: PSD-068-11 PAGE 5
5.2 Clarington Official Plan
The Clarington Official Plan designates the property as "Prime Agricultural Area." The
severance of a dwelling which is rendered surplus as a result of the consolidation of
abutting farms may be permitted subject to the following criteria:
• the farms are merged into a single parcel;
• the dwelling to be severed is not required for farm employees; and
• the surplus dwelling lot is generally less than 0.6 ha.
The rezoning application would facilitate the consolidation of abutting farm land and
severance of a surplus dwelling. The Municipality generally encourages the
consolidation of farms wherever possible. The subject application meets the intent of
the Official Plan.
6. ZONING BY-LAW
6.1 In Zoning By-law 84-63 the subject lands are zoned "Agricultural Exception (A-1) Zone."
The proposed zone for the severed portion of the lot is "Agricultural Exception (A-81)
Zone," which only allows for non-residential uses set out in Section 6.4.1 b) of the By-
law.
Section 6.4.1 b) of the By-law gives a list of non-residential uses:
• cemeteries and places of worship which existed prior to the date of the passing
of this by-law;
• conservation and forestry;
• a farm;
• a wayside pit or quarry in accordance with the provisions of The Pits and
Quarries Control Act, as amended; and
• private kennel accessory to a permitted use.
The proposed Zoning By-law Amendment would therefore prohibit any residential uses
on the property and will fulfil the conditions imposed by the Durham Region Land
Division Committee.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
Public meeting signs were installed on the property by August 23rd, 2011. No inquiries
on the application were received from the public at the time of the writing of this report.
REPORT NO.: PSD-068-11 PAGE 6
8. AGENCY COMMENTS
8.1 The application and supporting documentation was circulated to the Region of Durham
Planning Department for review and comment. The Department has no objection to the
above proposal.
9. STAFF COMMENTS
9.1 The Durham Region Official Plan prohibits the creation of new lots less than 40 ha in
agricultural areas. The applicant owns a number of agricultural lands in proximity to the
subject lands. Of concern is the 53 ha property abutting the lands to the north of 3130
Pollard Road, which has the potential to be merged with the 13.6 ha parcel and 55.4 ha
parcel. Should the applicant decide to combine all three lots, the total area would be
121.6 ha. At 40 ha in size for each new lot, the applicant has the potential to create 3
new lots from the 121.6 ha parcel. Rezoning the 13.6 ha parcel to an Agricultural
Exception (A-81) Zone will prevent any residential development and future severances.
9.2 The subject application has been reviewed under the Provincial Policy Statement, the
Durham Region Official Plan, the Municipality of Clarington Official Plan and the
Municipality of Clarington Zoning By-law. The rezoning of the subject lands has the
effect of reducing fragmentation of rural parcels and has the ability to increase the
viability of the farming operation.
9.3 The Clarington Building Division, Engineering Services, Emergency and Fire Services,
and Operations Department, have no objections or concerns with the application.
9.4 The Finance Department has advised that all taxes have been paid.
10. CONCURRENCE: Not applicable
11. CONCLUSION
11.1 Provided there are no significant objections raised at the public meeting, it is
recommended that the application to amend Zoning By-law 84-63 be APPROVED and
that Council adopt the Zoning By-law Amendment attached hereto.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Nicole Granzotto, Junior Planner
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be notified of Council's decision:
Stephen Selby
Attachment 1
To Report PSD-068-11
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Attachment 2
To Report PSD-068-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
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 ZBA 2011-0025;
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 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 read a first time this day of 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2011 - ,
passed this day of , 2011 A.D.
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® Zoning Change From"A-1"To"A-81"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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