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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-053-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary -Anne Dempster, CAO Resolution#: PD-101-22
File Number: ZBA2019-0013
Cross Reference: ROPA2019-006 By-law Number: 2022-064
Report Subject: Zoning By-law Amendments to By-law 84-63 and By-law 2005-109 to
facilitate the severance of a dwelling rendered surplus as result of the
consolidation of non-abuttina farm Darcels.
Recommendations:
1. That Report PSD-053-22 be received and any related delegations or communication
items, be received;
2. That the application to amend Zoning By-laws 84-63 and 2005-109 as Attachment 1
to Report PSD-053-22 be approved; and
3. That the Region of Durham Planning and Economic Development Department and
the Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-053-22
4. That all interested parties listed in Report PSD-053-22, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-053-22
Report Overview
Page 2
Clark Consulting Services on behalf of Werrcroft Farms has submitted an application to
amend Zoning By-law 84-63 and Zoning By-law 2005-109 to facilitate the severance of a
dwelling rendered surplus as a result of a non -abutting farm consolidation.
The land to be retained is a 76.8-hectare parcel at 6115 and 6171 Vannest Road and is
currently zoned by both Zoning By-law 84-63 and Zoning By-law 2005-109. The application
proposes zoning by-law amendments to both Zoning By-laws to prohibit further residential
development on the retained parcel.
1.Application Details
1.1 Owner/Applicant:
1.2 Agent:
1.3 Proposal:
1.4 Area:
1.5 Location:
Werrcroft Farms
Hugh Stewart — Clark Consulting Services
To rezone the retained farm parcel to prohibit future residential
development
76.8 hectares
6115 & 6171 Vannest Road, Part Lot 28, Concession 6, Former
Township of Darlington (see Figure 1)
1.6 Within Built Boundary: No
Municipality of Clarington
Report PDS-053-22
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Figure 1 — 6115 and 6171 Vannest Road, proposed severed and retained lands.
2. Background
2.1 One August 14th, 2019, Clark Consulting Services submitted an application on behalf of
Werrcroft Farms for amendments to both Zoning By-law 84-63 and Zoning By-law 2005-
109 to facilitate the severance of a farm dwelling rendered surplus due to the consolidation
of non -abutting farm parcels. The land to be retained is a 76.8-hectare parcel at 6115 &
Municipality of Clarington Page 4
Report PDS-053-22
6171 Vannest Road and is currently zoned by both zoning by-laws. These amendments
would prohibit the establishment of new residential uses on the retained lands.
2.2 The 0.43-hectares at 1785 Concession Road 7, was part of a previous farm parcel of
approximately 10 hectares. Werrcroft Farms owned the lands immediately to the south
(6115 & 6171 Vannest Road) and purchased the 10-hectare parcel on September 22,
2016 (see Figure 1). The lands were registered in the same name and inadvertently
merged on title. At the time of the merging of 1785 Concession Road 7 had a house on
the property, and 6115 & 6171 Vannest Road had the original farmhouse on the property.
Just prior to the merging, a building permit had been issued for a second dwelling for farm
help. This resulted in three detached dwellings on one parcel. The applicants now wishes
to sever the house at 1785 Concession Road 7.
2.3 A Regional Official Plan Amendment is required to sever a farm dwelling rendered surplus
due to the consolidation of non -abutting farm parcels. On August 14, 2019, Clark
Consulting Services, on behalf of Werrcroft Farms Ltd., submitted an application to amend
the Durham Region Official Plan (ROPA2019-006) to permit the severance of a dwelling at
1785 Concession Road 7 rendered surplus as a result of the consolidation of non -abutting
farm parcels. Amendment #188 to the Region of Durham Official Plan was approved on
June 7, 2022, and is now final and binding.
2.4 An amendment to the Clarington Official Plan is not required as the retained portion is
greater than 40 hectares.
3. Land Characteristics and Surrounding Uses
3.1 The parcel to be severed is approximately 0.43 hectares addressed 1787 Concession
Road 7, and has a single detached dwelling, a detached garage, and a shed. The parcel to
be retained is approximately 76.8 hectares and is addressed 6115 & 6171 Vannest Road.
The farm is an active dairy farm that also grows soybeans and corn.
3.2 The surrounding uses in all directions are agricultural and rural residential.
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term
agricultural uses. The PPS also permits lot creation for the severance of surplus farm
dwellings that result from farm consolidation, provided that new residential dwellings are
prohibited on any vacant remnant parcel of farmland created by the severance.
4.2 The proposal is consistent with the Provincial Policy Statement.
Municipality of Clarington
Report PDS-053-22
Greenbelt Plan
Page 5
4.3 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.
4.4 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 impact on the connectivity and key feature of the Natural Heritage System.
4.5 The proposal is consistent with the Greenbelt Plan.
5. Official Plans
Durham Region Official Plan
5.3 The Durham Region Official Plan designates the property "Prime Agricultural Areas."
Section 9A.2.10 grants the severance of a farm dwelling rendered surplus as a result of a
non -abutting farm consolidation by amendment to the Regional Official Plan. The applicant
applied and received approval for a Regional Official Plan Amendment. Amendment #188
was approved by Regional Council on June 7, 2022.
5.2 The Clarington Official Plan designates the land to be severed "Prime Agricultural." The
retained lands are designated "Prime Agricultural" and "Environmental Protection." The
severance of a dwelling rendered surplus as a result of the consolidation of non -abutting
farms is permitted without amendment to the Clarington Official Plan, since the retained
portion exceeds 40 hectares.
5.3 The proposal is consistent with the Clarington Official Plan.
6. Zoning By-law
6.1 The property is bisected between two different Zoning By-laws: Zoning By-law 84-63,
which provides zoning provisions for the lands outside of the Oak Ridges Moraine and By-
law 2005-109 which provides zoning provisions for the lands inside the Oak Ridges
Moraine.
6.2 The retained parcel is zoned by both Zoning By-law 84-63 and Zoning By-law 2005-109.
The severed parcel is entirely within Zoning By-law 2005-109. Both Zoning By-laws require
an amendment to prohibit future residential development. See Figure 2.
Municipality of Clarington
Report PDS-053-22
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Figure 2- Severed and Retained lands showing boundaries of By-law 84-63 and By-law 2005-
109
7. Summary of Background Studies
Planning Justification Report
7.1 A report prepared by Clark Consulting was submitted in support of the application. The
report concludes that the applications to support the surplus farm dwelling severance
Municipality of Clarington
Report PDS-053-22
Page 7
meets the objectives and requirements of the Provincial Policy, Region of Durham Official
Plan policies and Clarington Official Plan policies.
7.2 The report also concludes the proposal meets the policies of the Minimum Distance
Separation formulae
Phase One Environmental Site Assessment Report
7.3 A Phase One Environmental Site Assessment Report was prepared by GHD Limited. It
finds that the lands to be severed have a low risk of environmental concern and no further
environmental evaluation is warranted.
8. Public Notice and Submissions
8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on
September 19, 2019. A revised notice was mailed on October 1, 2019, to advise that the
date of the meeting was changed to October 22, 2019.
8.2 On September 27, 2019, public meeting signs were installed on the property, fronting onto
Concession Road 6, Concession Road 7, and Vannest Road. On October 3, 2019, these
signs were updated to reflect the change from October 21, 2019 to October 22, 2019. At
the time of writing this report no inquiries have been received.
9. Agency Comments
9.1 The application was circulated to the Durham Regional Planning and the Durham Health
Department. Neither department has concerns with the application. The Central Lake
Ontario Conservation Authority (CLOCA) was also circulated, but for informational
purposes only.
10. Departmental Comments
10.1 The application was circulated to Development Engineering and the Clarington Operations
Department. Neither has concerns with the application.
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 want to act as
landlords when acquiring additional lands. The PPS permits severances of dwelling lots
rendered surplus as the result of farm consolidation. When a surplus farm dwelling is
severed the PPS requires that no new residential dwellings are permitted on the retained
lands.
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
Municipality of Clarington
Report PDS-053-22
Page 8
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.
11.3 To implement the policies, the retained farm parcel must be rezoned to prohibit future
residential development. Zoning by-law amendments to both Zoning By-law 84-63 and
2005-109 would prohibit future residential development on the larger retained parcel.
11.4 The applicant submitted a Regional Official Plan Amendment (ROPA-2019-006) to allow
for the severance of a surplus dwelling as a result of a non -abutting farm consolidation.
Amendment # 188 to the Regional Official Plan is approved and is final and binding. The
applicant has made an application to the Land Division Committee of the Region of
Durham to sever the surplus dwelling at 1785 Concession Road 7.
12. Financial Considerations
12.1 There are no significant financial considerations resulting from this report.
13. Concurrence
13.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendations.
14. Conclusion
14.1 It is respectfully recommended that Council approve amendments to Zoning By-law 84-63
and By-law 2005-109 to prohibit future residential development on the larger retained
parcel located at 6115 and 6171 Vannest Road, Darlington.
Staff Contact; Toni Rubino Senior Planner, 905-623-3379 ext. 2431 or trubino clarington.net.
Attachments:
Attachment 1 - Zoning By-law Amendments
The following interested parties will be notified of Council's decision:
Werrcroft Farms Ltd.
Bob Clark, Clarke Consulting Services
Attachment 1 to
Report PDS-053-22
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Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2022-
being a By-law to amend By-laws 84-63 and 2005-109
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63 and By-law 2005-109, as amended, of the Corporation
of the Municipality of Clarington for ZBA2019-0013;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule "A' to By-law 84-63, as amended is hereby further amended by
changing the zone from "Agricultural (A)" to "Agricultural Exception (A-81)" Zone.
2. Schedule "EY to By-law 2005-109, as amended is hereby further amended by
changing the zone from "Agricultural (A)" to "Agricultural Exception (A-1)" Zone
3. Schedule `A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of 34 of the Planning Act.
By -Law passed in open session this day of 12022.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
This is Schedule "A-1" to By-law 2022- , passed this day of , 2022 A.D.
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