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HomeMy WebLinkAboutPDS-052-22Clarftwn Recommendation 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: December 5, 2022 Report Number: PDS-052-22 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: File Number: Mary -Anne Dempster, CAO Resolution#: PD-103-22 ROPA2021-007, COPA2021-0004 & ZBA2021-0012 By-law Number: 2022-063 Report Subject: Official Plan and Zoning By-law Amendment applications to facilitate the severance of a farm rendered surplus as a result of the consolidation of non -abutting farm parcels Recommendations: 1. That Report PDS-052-22 and any related delegations or communication items, be received. 2. That the Municipality of Clarington has no objections to the approval of ROPA2021- 007. 3. That the Amendment contained in Attachment 1 of Report PDS-052-22 be adopted once the Region of Durham approves ROPA2021-007 and the Regional Official Plan amendment is final and binding; 4. That the By-law to amend Zoning By-law 84-63 attached to Report PDS-052-22, as Attachment 2 be approved once the Region of Durham approves ROPA2021-007 and the Regional Official Plan amendment is final and binding; 5. That the Region of Durham Planning and Economic Development Department and the Municipal Property Assessment Corporation be forwarded a copy of Report PDS-052-22 and Council's decision; and 6. That all interested parties listed in Report PDS-052-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-052-22 Report Overview Page 2 Chiel Vissers has submitted applications for a Region of Durham Official Plan Amendment, a Clarington Official Plan Amendment and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling as a result of a non -abutting farm consolidation at 4382 Green Road in Hampton. The Region of Durham Official Plan Amendment would permit a severance of a surplus farm dwelling as a result of the consolidation of non -abutting farm parcels; and permissions for the farm parcel to be provided with frontage on an open road by way of a future access easement from the surplus farm dwelling parcel. The Clarington Official Plan Amendment would permit a farm parcel less than 40 hectares. The Zoning By-law Amendment would prohibit future severances and residential development on the retained parcel. An easement is required for access to the larger retained farm parcel 1. Application Details 1.1 Applicant: Chiel Vissers 1.2 Agent: Clark Consulting Services 1.3 Proposal: General To facilitate the severance of a surplus farm dwelling at 4382 Green Road in Hampton. The retained farm parcel would consolidate with non -abutting farmlands owned by Vissers Sod Farms 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 36.5 hectares and the severed residential farm parcel would be 0.608 hectares. Zoning By-law Amendment To prohibit future severances and residential development on the retained farm parcel. 1.4 Area: 37.108 ha 1.5 Location: 4382 Green Road, Hampton (see Figure 1) 1.6 Within the Built Boundary: No Municipality of Clarington Report PDS-052-22 Figure 1: 4382 Green Road, proposed severed and retained parcels Page 3 Municipality of Clarington Report PDS-052-22 2. Background Page 4 2.1 On January 17, 2020, a Pre -consultation meeting (PC2019-0043) was held for the proposed severance of a farm dwelling rendered surplus at 4382 Green Road with Chiel and Tony Vissers, of Vissers Sod Farms Ltd. 2.2 On July 5, 2021, Chiel Vissers submitted applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling. An application for the associated Regional Official Plan Amendment (ROPA2021-007) has been submitted to the Region of Durham. 2.3 A Public Meeting on the Regional Official Plan Amendment was held on September 7, 2021 at the Region of Durham. 2.4 A Public Meeting on the Official Plan Amendment and Zoning By-law Amendment was held on September 13, 2021 at the Joint Committee meeting. No members of the public made submissions at either Public Meeting. 2.5 Should these applications be approved, a future Land Division would be required to sever the surplus farm dwelling. As the severed agricultural parcel fronts onto an unopened portion of Maple Grove Road, the applicant is also proposing a 5-metre easement on the residential parcel to access the larger retained parcel. An easement would be required as part of the Land Division application. 2.6 The Clarington Official Plan requires the retained farm parcel to maintain a minimum of 40 hectares (98.3 acres) and the severed residential parcel a maximum of 0.6 hectares (1.48 acres). An Official Plan Amendment was submitted to permit the retained farm parcel with an area of 36.5 hectares (90.19 acres) and the severed residential parcel with an area of 0.608 hectares (1.50 acres). 2.7 A Zoning By-law Amendment is required to prohibit future severances and residential development on the retained farm parcel. 2.8 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 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are 37.108 hectares in size with an existing detached dwelling on the northeast side of the property, fronting Green Road. The site is a sod farm and to the south of the property is a woodlot. There are no other structures on the property. To the west of the property is an unopened portion of Maple Grove Road. The residential dwelling and agricultural lands are accessed by Green Road. The unopened portion of Municipality of Clarington Report PDS-052-22 Page 5 Maple Grove Road is also utilized to access the agricultural lands. The southernmost portion of the property is regulated by the Conservation Authority, CLOCA. 3.2 The surrounding land uses areas follows: North Agricultural lands South Agricultural lands and woodlot East Rural residential and agricultural lands West Agricultural lands 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. The lot area for a surplus farm dwelling is to be limited in size and no new residential dwellings are permitted to be constructed on the retained parcel of farmland. 4.3 The subject property is within the Natural Heritage System of the Greenbelt Plan. As the severance is not for any proposed new development, the application is considered to have minimal impacts on the connectivity and key features of Natural Heritage System. This application conforms. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the subject property as "Major Open Space Areas" within "Key Natural Heritage System Lands". Within this area, 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 (ROPA2021-007). The Region of Durham's Planning and Economic Development Committee held a Public Municipality of Clarington Report PDS-052-22 Meeting on September 7, 2021. The Region of Durham has not approved the application to date. Clarington Official Plan Page 6 5.3 The Clarington Official Plan designates the lands to be severed "Rural" and the retained lands "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. Official Plan Requirement Proposed Amendment Retained Lot Area (Farm) 40 hectares (98.83 acres) 36.5 hectares (90.19 acres) Severed Lot Area (Residential) 0.6 hectares (1.48 acres) 0.608 hectares (1.50 acres) Table 1: Official Plan Requirements compared with the Proposed Amendment 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 proposed Zoning By-law Amendment would prohibit future residential development on the retained, larger farm parcel. 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. 7.2 A Site Screening Questionnaire was submitted by GHD. The Report concludes that the present land use has a low level of concern from an environmental assessment perspective and is suitable for the proposed severance. No further environmental assessment was recommended. Municipality of Clarington Page 7 Report PDS-052-22 8. Public Notice 8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on August 20, 2021. 8.2 Public notice signage was installed on the Green Road frontage by August 24, 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 September 7, 2021. No one spoke in opposition to the applications. Central Lake Ontario Conservation Authority (CLOCA) 9.2 The Central Lake Ontario Conservation Authority (CLOCA) has no objection to the applications. 10. Departmental Comments 10.1 The applications were circulated to Development Engineering and the Building Division of the Planning and Infrastructure Services department. Neither 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. 11.2 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 retained agricultural parcel. The policies ensure that the retained lands have a size that is viable for a farm operation. Municipality of Clarington Report PDS-052-22 Page 8 11.3 To implement the policies, the retained farm parcel must be rezoned to prohibit future residential development. The application for a Zoning By-law Amendment would prohibit future residential development on the larger retained farm parcel. 11.4 Amendments to the Clarington Official Plan and Zoning By-law cannot be formally approved by Council until the Region of Durham approves the Regional Official Plan Amendment (ROPA2021-007). Since Clarington offers no objection to the Regional Official Plan Amendment, it is recommended that the Official Plan Amendment contained in Attachment 1 and the Zoning By-law Amendment contained in Attachment 2 be approved by Council once the Region of Durham has adopted the Regional Official Plan Amendment (ROPA2021-007) and it is final and binding. 12. Financial Considerations 12.1 There are no significant financial considerations from this land severance. 13. Concurrence This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 14. Conclusion It is respectfully recommended that Council advise the Region of Durham that the Municipality of Clarington has no objection to the approval of ROPA2021-007. Once the Regional Official Plan Amendment (ROPA2021-007) is final and binding, it is recommended that Council adopt the amendment to the Clarington Official Plan (see Attachment 1) and approve the amendment to Zoning By-law 84-63 (see Attachment 2). Staff Contact: Tracey Webster, Principal Planner, 905-623-3379 ext. 2415 or twebster@clarington.net. Attachments: Attachment 1 — Official Plan Amendment Attachment 2 — Zoning By-law Amendment Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-052-22 Amendment Number # To The Municipality of Clarington Official Plan Purpose: To permit the severance of a non -abutting surplus farm dwelling of 0.608 hectares with a retained farm parcel of 36.5 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 Chiel Vissers 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 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) 9911 010-080-19900 Part Lots 17 & 18, 0.608 36.5" (2022) Conc. 4 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.