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Report To: Planning and Development Committee
Date of Meeting: December 4, 2017
Report Number: PSD -088-17 Resolution: #PD -224-17
File Number: ZBA2017-0029 and COPA2017-0012 By-law Number: 2017-102
Report Subject: Applications by Gerald Mahoney to amend the Clarington Official
Plan and Zoning By-law 84-63 by Gerald Mahoney to facilitate a non -
abutting surplus farm dwelling severance
Recommendations:
1. That Report PSD -088-17 be received;
2. That Amendment No. 114 to the Clarington Official Plan as contained in Attachment 1 of
Report PDS -088-17 be adopted;
3. That the application to amend the Zoning By -Law by Gerald Mahoney be approved and
that the By-law attached to Report PSD -088-17 be passed; and
4. That all interested parties listed in Report PSD -088-17 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report PSD -088-17
Page 2
Report Overview
Gerald Mahoney has submitted applications to amend the Clarington Official Plan and
Zoning By-law 84-63 to facilitate a non -abutting surplus farm dwelling severance. The
Official Plan Amendment is required as the subject lands are not a minimum of 40 hectares.
The Zoning By-law Amendment would zone the severed portion of the lands to prohibit
further single detached dwellings from being built on the property. Recognizing that this
proposal has been considered through two previous public meetings for the Regional Official
Plan Amendment and the land division applications, this report recommends that Council
approve the Clarington Official Plan and Zoning By-law amendments as contained in
Attachment 1 and 2 of this report.
1. Application Details
1.1. Owner/Applicant: Gerald Mahoney
1.2. Proposal: To amend the Clarington Official Plan and Zoning By-law 84-63 to
facilitate a surplus farm dwelling severance 1.2 hectares with a
vertical farm parcel of 24.1 hectares less than 40 ha minimum
required.
1.3. Area: 25.3 hectares (62.5 acres)
1.4. Location: 4548 Lakeshore Road, North-east corner of Lakeshore and
Newtonville Road
1.5. Roll Number: 181703001003300
2. Background
2.1 In December 2015 Mr. Mahoney applied for a Regional Official Plan Amendment and
Consent applications to facilitate a non -abutting surplus farm dwelling severance at 4548
Lakeshore Road. The Regional Official Plan Amendment was approved by Regional
Council on June 8, 2016. The Consent application was conditionally approved by Land
Division Committee on August 14, 2017.
The conditions of the Land Division Committee approval include obtaining a Clarington
Official Plan Amendment and a Zoning By-law Amendment. The Clarington Official Plan
Amendment is required as the farm parcel is not the required 40 hectares for non -abutting
severances. Mr. Mahoney's farm parcel is 25.3 hectares (62.5 acres). The Zoning By-
law Amendment is required to ensure that no new dwellings are erected on the retained
lands (see Figure 1).
Municipality of Clarington
Resort PSD -088-17
Paae 3
Clarington Council recently approved a comprehensive update to the Official Plan,
Amendment 107. In order to submit the Clarington Official Plan Amendment application
Mr. Mahoney required Council's permission to accept the application within two years of
the comprehensive update. At the October 30, 2017 Council meeting Council approved
Mr. Mahoney's request to submit the Clarington Official Plan Amendment application.
Mr. Mahoney is proposing to sell the farm parcel to Thornlea Holdings Ltd. and continue
residing at the existing dwelling, which was built in the 1870's. Thornlea Holdings Ltd. is
currently farming the subject lands and has done so for a number of years.
3. Land Characteristics and Surrounding Uses
The subject lands are 25.3 hectares (62.5 acres) with an existing single detached
dwelling on the south-east corner of the property, fronting onto Lakeshore Road. There is
a water course and wooded area running through the north-west portion of the property.
The majority of the property is currently farmed.
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Figure 1: Subject Lands
Municipality of Clarington
Resort PSD -088-17
The surrounding uses are as follows:
North - Agricultural and woodlot
South - Agricultural
East - Agricultural
West - Agricultural
4. Provincial Policy
4.1 Provincial Policy Statement
Paae 4
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.
The proposal is consistent with the Provincial Policy Statement.
4.2 Greenbelt Plan
The Greenbelt Plan protects prime agricultural areas for long-term agricultural uses.
Within the Protected Countryside surplus farm dwelling severances are permitted
provided the following:
x The dwelling was in existence prior to December 16, 2004;
x The surplus dwelling area is limited in size; and
x That no new dwellings are permitted moving forward on the severed farm lands.
The proposal is consistent with the Greenbelt Plan.
5. Official Plans
5.1 Durham Region Official Plan
The Durham Region Official Plan designates the property "Prime Agricultural Areas".
The policies of the Plan state that Prime Agricultural Areas shall be used primarily for
agriculture and farm -related uses. Non -abutting surplus farm dwelling severances are
permitted by amendment to the plan subject to the following criteria:
x The dwelling is not needed for farm employees;
x The farm parcel being acquired is of a size which is viable for farming operations;
x Within the Protected Countryside of the Greenbelt Plan Area the dwelling was in
existence as of December 16, 2004;
x The farm parcel to be acquired is zoned to prohibit any further severances and the
establishment of any residential dwelling.
Municipality of Clarington
Resort PSD -088-17
Paae 5
The proposal meets the requirements of the Durham Region Official Plan. A Regional
Official Plan Amendment was approved by Regional Council on June 8, 2016.
5.2 Clarington Official Plan
The Clarington Official Plan designates the property as "Prime Agricultural Area",
"Environmental Protection Area" and "Waterfront Greenway". The policies of the plan
state that Prime Agricultural Areas shall be used primarily for agriculture and farm -
related uses. Within the Waterfront Greenway designation agriculture is identified as
one of the predominant land uses. The severance of a dwelling, which is rendered
surplus as a result of the consolidation of non -abutting farms, may be permitted subject
to criteria, similar to those in the Regional Official Plan, as well as requirement that the
farm to be acquired is a minimum of 40 hectares.
The subject lands meet all the requirements with the exception of the minimum 40
hectare parcel size. Numeric figures in the Official Plan are not to be interpreted with the
precision of a zoning by-law, however, the existing farm parcel is considerably lower at
25.3 hectares and the retained farm parcel will be 24.1 hectares.
The intent of the minimum parcel size requirement is to ensure that the lands are a
viable farm parcel once the dwelling is severed from it. Thornlea Holsteins Ltd. have
multiple land holdings within a few kilometers of the subject lands, to the north and west,
and have been farming the subject lands for years. The Planning Justification Report,
discussed later in this report, submitted with the applications indicates that the farm is a
viable parcel and has been farmed separate from the dwelling for the last number of
years.
It is staff's opinion that the retained lands will be a viable farm parcel as part of Thornlea
Holstiens Ltd. holdings and meets the intent of the Official Plan policies.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1) Zone" and
"Environmental Protection (EP) Zone." The Official Plan requires that the retained farm
parcel be rezoned to prohibit any new residential dwellings from being constructed.
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 and the requirement of Provincial Policy.
7. Summary of Background Studies
7.1 Planning Justification and Agricultural Assessment Report
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 PSD -088-17 Page 6
meets the objectives and requirements of the Provincial Policy, Region of Durham Official
Plan policies and the intent of the Clarington Official Plan policies.
The report also provided a land inventory summary for Thornlea Holsteins Ltd. The report
identifies that Thornlea Holsteins Ltd. currently owns 151 hectares of land in Clarington,
all in close proximity to the subject lands, and farms an additional 109 hectares of land.
The retained agricultural parcel will add to the holdings and is a viable farm parcel to add
to their existing holdings.
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Figure 2: Thornlea Hostein Farm Holdings
The report also addresses Minimum Distance Separation formulae. The report concludes
the proposal meets the policies of the Minimum Distance Separation formulae.
8. Public Notice and Submissions
Public notice was given by mail to each landowner within 300 metres of the subject lands
on November 1, 2017. Public meeting signs were installed on the property, fronting onto
Lakeshore Road and Newtonville Road, on November 6, 2017.
Municipality of Clarington
Report PSD -088-17 Page 7
At the time of finalizing this report staff had not been contacted by any members of the
public.
9. Agency Comments
The Durham Region Planning Department had no objections to the applications.
10. Departmental Comments
The Clarington Building Division, Engineering Services Department and Emergency and
Fire Services Department have no objections or concerns with the application.
11. Discussion
11.1 The Provincial Policy Statement encourage the long term viability of agricultural areas,
limiting the opportunities to create new parcels in the rural area. Surplus farm dwelling
severances are permitted by the Province recognizing that farmers may not want to be
landlords when acquiring additional lands. The Durham Region and Clarington Official
Plans encourage farm consolidation where possible to ensure long term viability of
agricultural operations. Understanding that with the acquisition of additional farm parcels
come additional dwellings, which the farmers may not require as part of their operations,
the Durham and Clarington Official Plans set out the regulations for surplus farm dwelling
severances as a result of farm consolidations.
11.2 When a surplus farm dwelling is severed the Provincial Policy Statement and the Official
Plan requires that the retained farm parcel be rezoned to prohibit further dwellings from
being constructed. The proposed zone for the retained portion of the lot, with the
exception of the "EP" area, is "Agricultural Exception (A-81) Zone," which only allows for
non-residential uses as set out in the regulations of the Agricultural (A) Zone. The Zoning
By-law Amendment will prohibit future residential uses from being established on the
24.07 ha retained parcel and will enable the severance of a surplus residential dwelling lot
(1.21 ha).
11.3 The Clarington Official Plan policies require that where a surplus dwelling is severed from
a farm parcel that is not abutting, the parcel must have a minimum lot area of 40
hectares. The intent of the Clarington Official Plan policies is to ensure that the lands are
a viable farm parcel once the farm dwelling has been severed. In this instance, the
existing parcel is considered smaller than a typical farm parcel being only 25.3 hectares.
The applicant has submitted a Planning Justification and Agricultural Assessment Report
indicating the subject lands are a viable farm parcel, maintaining the intent of the Official
Plan, despite not being a minimum of 40 hectares.
11.4 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 to
date.
Municipality of Clarington
Resort PSD -088-17 Paae 8
12. Concurrence
Not Applicable.
13. Conclusion
Given that there have been previous public meetings on the related Regional Official Plan
Amendment and Severance applications, it is respectfully recommended that Council
approve the applications to amend the Clarington Official Plan (see Attachment 1) and
Zoning By-law 84-63 (see Attachment 2).
14. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David Crome, Andrew C. Allison, B. Comm, LL.B
Director of Planning Services CAO
Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net
Attachments
Attachment 1 — Official Plan Amendment
Attachment 2 — Zoning By-law Amendment
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
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I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2017\ZBA2017-0029 4548 Lakeshore Road\Staff Report\PSD-088-17.Docx
Municipality of Clarington
Amendment Number 114
To The Municipality of Clarington Official Plan
Attachment 1 to
Report PSD -088-17
Purpose: To permit the severance of a non -abutting surplus farm dwelling
severance of 1.2 hectares with a retained farm lot of 24.1 hectares.
Basis: This amendment is based on an application submitted by Gerald
Mahoney to permit the severance of a surplus farm dwelling as a result of
the consolidation of non -abutting farm parcels. This application has been
reviewed by public agencies and municipal staff. Also, consideration has
been given to the Provincial Policy and the current Durham Regional
Official Plan. Council is satisfied that this amendment meets the intent of
the Official Plan and fulfils the objective of preserving agricultural land.
Actual
Amendment: The Clarington Official Plan is hereby amended by adding exception
number 8 as follows:
In Section 23.19.4 iii) — Table 23-1, as follows:
"Surplus Farm Dwelling Lot Exceptions"
Exception No.
Assessment No.
Legal Description
Area of
Area of
Surplus
Remainder of
Dwelling Lot
Land (ha)
(ha)
8
181703001003300
Part Lot 8, Con BF A,
1.2
24.1
(2017)
Former twp. Of Clarke
Now RP;40R17771 Part
1
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.
Municipality of Clarington
Attachment 2 to
Report PSD -088-17
Corporation of the Municipality of Clarington
By-law Number 2017-.
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
ZBA2017-0029;
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 (A) 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 , 2017
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2017- , passed this day of , 2017 A.D.
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Zoning Change From "A-1" TO "A-81"
- Zoning To Remain "A-1" N
Zoning To Remain "EP"
Adrian Foster, Mayor Clarke • ZBA 2017-0029 • Schedule 2 C. Anne Greentree, Municipal Clerk