HomeMy WebLinkAboutPSD-017-13 PLANNING Clarington REPORT
PUBLIC i
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 18, 2013 Resolution #: ,/ - By-law #: 43-03P
Report #: PSD-017-13 File #:ZBA 2013-0002 (X-Ref#: LD 004/2013)
Subject: APPLICATION TO AMEND THE ZONING BY-LAW TO PROHIBIT
RESIDENTIAL USES ON AGRICULTURAL LAND AS A RESULT OF THE
SEVERANCE OF A SURPLUS FARM DWELLING
APPLICANT: JOANNE BARCHARD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-017-13 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 be adopted by
Council;
3. THAT the the Durham Regional Planning Department, Municipal Property Assessment
Corporation and Durham Regional Land Division Committee be forwarded a copy of
Report PSD-017-13 and Council's decision; and
4. THAT all interested parties listed in Report PSD-017-13 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
David Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
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8 March, 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-017-13 PAGE 2
1. APPLICATION DETAILS
1.1 Applicant: Joanne Barchard
1.2 Owner: Stephen and Patti Selby, Joanne Barchard and Lois Wilson
1.3 Proposal: The applicant proposes to rezone a vacant 51.74 ha farm parcel to prohibit
residential uses. The rezoning is a condition of a concurrent application to
sever a surplus farm dwelling and merge the retained agricultural land with
the abutting farm property.
1.4 Area: 51.74 hectares
1.5 Location: Part Lot 30, Concession 3, Former Township of Clarke, 3440 Concession
Road 3, Clarke
2. BACKGROUND
2.1 On January 14, 2013, the Region of Durham Land Division Committee considered and
approved, subject to conditions, an application to create a 0.6 ha rural residential lot as
a result of consolidating agricultural parcels. The severed 17.3 hectares parcel, which is
currently farmed and has no structures, will merge with an abutting 33.8 hectares farm
parcel to the north. The parcel to the north is currently vacant but is zoned to permit a
single detached dwelling and/or farm buildings and farm uses.
2.2 On February 12, 2013, Joanne Barchard submitted an application to rezone 51.74 ha of
farmland, seeking to prohibit residential uses on the vacant farm parcel. Approval of the
subject application is required to fulfil a condition of the Durham Land Division
Committee decision, made on January 14, 2013, to allow the severance of the surplus
farm dwelling. The 0.6 ha surplus dwelling lot is not part of the rezoning application.
2.3 Mr. Selby's farming operation is comprised of several hundred hectares of owned and
rented farmland, on which he produces corn, soybeans and wheat and has grain drying
and storage facilities. Mr. Selby plans to merge the severed parcel with his abutting
vacant 33.79 ha farm property, directly to the north, creating a 51.74 ha agricultural
parcel. The merged parcel would have frontage on Concession Road 3 and Lockhart
Road. (see Attachment No.1)
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property to be rezoned is vacant agricultural land. The proposed surplus
dwelling is located at the southeast corner of the subject lands and has an existing
access from Concession Road 3.
REPORT NO.: PSD-017-13 PAGE 3
3.2 The surrounding uses are as follows:
North - Agricultural
South - Agricultural and rural residential
East - Agricultural
West - Agricultural and rural residential
3.3 Surrounding agricultural uses are varied and include cash crop and apple production.
There are many rural residential properties of varying lot sizes in close proximity to the
subject lands (See Photograph 1).
Photograph 1: View of parcel and surrounding area
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i Subject 51.17ha
Vacant Farm Parcel y-
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Approximate Boundary I
of 0.6 Hectare Parcel
! to Be Severed
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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 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.
New land uses in rural areas, including the creation of lots, shall comply with the
Minimum Distance Separation Formula (MDS). A livestock barn to the south of the
subject property is not taken into consideration in this situation where the dwelling
deemed surplus is already in existence and located on a lot separate from the livestock
REPORT NO.: PSD-017-13 PAGE 4
barn. The potential odour conflict is already considered present between the
neighbouring livestock facility and the existing dwelling. The application complies with
the MDS Formula and conforms to the Provincial Policy Statement.
4.2 Greenbelt Plan
The Greenbelt Plan includes approximately 3.5 hectares of land at the north end of the
lands to be rezoned. This area is at the opposite end of the farm from where the
surplus farm dwelling is being severed. The balance of the subject parcel is not within
the Greenbelt Plan boundary. The application does not conflict with the policies of the
Greenbelt Plan 2005.
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;
• the retained farm parcel is zoned to prohibit any further severances and the
establishment of any residential dwelling.
As a condition of severance, the 51.74 ha consolidated farm parcel is to be rezoned to
prohibit the establishment of any residential dwelling.
The application conforms to the Durham Region Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the property as "Prime Agricultural Area" and
"Environmental Protection 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
REPORT NO.: PSD-017-13 PAGE 5
consolidation of farms wherever possible. The subject application meets the intent of the
Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1) Zone" and
"Environmental Protection (EP) Zone." The proposed zone for the severed portion of
the lot, with the exception of the "EP" area, 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 an 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 condition 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 March 1, 2013. Only inquiries
seeking clarification about the application were received from the public at the time of
the writing of this report. There have been no expressions of opposition made.
8. AGENCY COMMENTS
8.1 The application and supporting documentation was circulated to the Region of Durham
Planning Department for review and comment. The Regional Planning Department
advised the lands are designated "Prime Agricultural Areas" within the Regional Official
Plan (ROP). Policies of the ROP encourage the consolidation of farms, allowing the
severance of a habitable farm dwelling rendered surplus subject to conditions. The
application for zoning by-law amendment fulfils one of the requirements of the ROP.
Furthermore they advised that all matters of provincial plan conformity and delegated
review responsibility have been addressed through the related Land Division
Application.
REPORT NO.: PSD-017-13 PAGE 6
9. DEPARTMENTAL COMMENTS
9.1 The Clarington Building Division, Engineering Services Department and Emergency and
Fire Services Department have no objections or concerns with the application.
10. DISCUSSION
10.1 The Selby farm on Lockhart Road is approximately 33.79 ha and the severed lands at
the Barchard farm total 17.95 ha. As a condition of the severance approved by the
Durham Regional Land Division Committee, the consolidated land holdings (17.95 +
33.79 = 51.74 ha) must be rezoned to prohibit any future residential development.
10.2 The proposed rezoning conforms with the Provincial Policy Statement, the Greenbelt
Plan, the Durham Regional Official Plan, and the Clarington Official Plan. This
application is one step in the process to sever the surplus dwelling lot. There have been
no objections to this application from any of the circulated agencies or the public. This
application will prohibit any future residential uses from being established on the 51.74
ha melded parcel and will enable the severance of a surplus residential dwelling lot (0.6
ha). This has the effect of reducing fragmentation of rural parcels and offers the ability
to increase the viability of the Selby farming operation. Staff do not object to this
application to amend Zoning By-law 84-63.
11. CONCURRENCE — Not Applicable
12. CONCLUSION
12.1 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
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Mitch Morawetz, Planner I
REPORT NO.: PSD-017-13 PAGE 7
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Joanne Barchard
Lois Wilson
Stephen and Patti Selby
Attachment 1
To Report PSD-017-18
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Attachment 2
To Report PSD-017-12
CORPORATION OF THE MUNICIPALITY OF CLARINGT.ON
BY-LAW NO. 2013-
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 2013-0002;
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 passed in open session this day of 2013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2013- ,
passed this day of , 2013 A.D.
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CONCESSION ROAD3 MNCE6310N ROAD 3'i A/
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® Zoning Change From"A-1"to"A-81"
Zoning To Remain"A-1"
® Zoning To Remain"EP"
Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk
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Clarke ZBA 2013.0002
SCHEDULE2
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