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HomeMy WebLinkAboutPSD-065-18 Planning Services Public Meeting 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: September 10, 2018 Report Number: PSD-065-18 Resolution: File Number: ZBA2018-0019 (X-Reference: LD2018-096) By-law Number: Report Subject: Application by Terrance Tiller to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance at 3648 Concession Road 5, Clarke. Recommendations: 1. That Report PSD-065-18 be received; 2. That provided no significant objections are raised at the Public Meeting, the application to amend the Zoning By-law submitted by Terrance Tiller be approved and that the By- law contained in Attachment 1 to Report PSD-065-18 be passed; 3. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-065- 18 and Council’s decision; and 4. That all interested parties listed in Report PSD-065-18 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-065-18 Page 2 Report Overview Terrance Tiller has submitted an application to amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. 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 a previous public meeting for Land Division Application, this report recommends that Council approve the Zoning By-law Amendment as contained in Attachment 1 of this report. 1. Application Details 1.1 Owner/Applicant: Terrance Tiller 1.2 Agent: Dan Strike 1.3 Proposal: To amend Zoning By-law 84-63 to facilitate a surplus farm dwelling severance. 1.4 Area: 65.71 hectares (162.39 acres) 1.5 Location: 3648 Concession Road 5, Clarke Part Lots 25 and 26, Concession 5, Former Township of Clarke 1.6. Roll Number: 18-17-030-050-10100 and 18-17-030-050-10700 2. Background 2.1 In June 2018, the applicant applied to sever a 0.6 hectare lot and dwelling from the larger farm parcel. The consent application LD2018-096 was tabled by Land Division Committee on July 16, 2018 as a result of the site not being properly posted with a public notice sign, as well as the Regional Health Department requiring additional site servicing information. There were no members of the public present in opposition of the proposal. The consent application is scheduled to be heard for a second time by the Land Division Committee on September 10, 2018. 2.2 The Planning Services Departments draft conditions of the Land Division approval included obtaining a Clarington Zoning By-law Amendment. The Zoning By-law Amendment is required to ensure that no new dwellings are erected on the severed lands (See Figure 1) in compliance with Provincial, Regional and Local policies. On July 13, 2018 the Clarington Planning Services Department received the Zoning By-law Amendment application to facilitate a surplus farm dwelling severance. Municipality of Clarington Report PSD-065-18 Page 3 3. Land Characteristics and Surrounding Uses 3.1 The lands subject to the rezoning are 65.71 hectares (162.39 acres) in total. The retained parcel, with an existing single detached dwelling on the south side of the property, fronting onto Concession Road 5, is 0.6 ha. The severed lands are 42 ha, and the existing farm to be merged with the severed lands is 23 ha. There is a water course and wooded area running diagonally, from east to west through the property. The majority of the property is currently farmed. Figure 1: Subject Lands Municipality of Clarington Report PSD-065-18 Page 4 3.2 The surrounding uses are as follows: North - Environmental Protected Lands and Agricultural Fields South - Existing Rural Residential Lots and Agricultural Fields East - Existing Rural Residential Lots and Agricultural Fields West - Environmental Protected Lands and Agricultural Fields 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 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. Greenbelt Plan 4.3 The policies of 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: The dwelling was in existence prior to December 16, 2004; The surplus dwelling area is limited in size; and That no new dwellings are permitted moving forward on the severed farm lands. 4.4 The proposed lot size conforms with Ministry of the Environment and Climate Change and Region of Durham Health Department policies regarding minimum lot size requirements. 4.5 The proposal is consistent with the Greenbelt Plan. 5. Official Plans Durham Region Official Plan 5.1 The Durham Region Official Plan designates the property “Prime Agricultural Areas”. The severance policies of the Plan state that surplus farm dwellings are permitted provided the retained farm parcel be zoned to prohibit any further severances and the establishment of any residential dwelling, in perpetuity. Municipality of Clarington Report PSD-065-18 Page 5 5.2 Abutting surplus farm dwelling severances are permitted subject to the following criteria: The dwelling is not needed for farm employees; The farm parcel being acquired is of a size which is viable for farming operations; Within the Protected Countryside of the Greenbelt Plan Area the dwelling was in existence as of December 16, 2004; The farm parcel to be acquired is zoned to prohibit any further severances and the establishment of any residential dwelling. The proposal is consistent with these policies. Clarington Official Plan 5.3 The Clarington Official Plan designates the property as “Prime Agricultural Area”, “Rural” and “Environmental Protection Area”. The policies of the plan state that Prime Agricultural and Rural Areas shall be used primarily for agriculture and farm-related uses. The severance of a dwelling, which is rendered surplus as a result of the consolidation of abutting farms, may be permitted subject to criteria, similar to those in the Regional Official Plan. 5.4 The proposal meets the requirements of the Clarington Official Plan. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands “Agricultural Exception (A-1) Zone” and “Environmental Protection (EP) Zone.” The proposed Zoning By-law Amendment would prohibit any residential uses on the larger farm parcel and will fulfil the requirement of Provincial policy, as well as Regional and Local policy. 7. Summary of Background Studies Planning Justification and Agricultural Assessment Report 7.1 A report prepared by Clark Consulting was submitted in support of the application. The report reviews applicable Provincial, Regional and Local policy and concludes that the application to support the surplus farm dwelling severance is consistent with the objectives and requirements of the Provincial Policy, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. 7.2 The report also addresses Minimum Distance Separation formulae. The report concludes the proposal meets the policies of the Minimum Distance Separation formulae. Municipality of Clarington Report PSD-065-18 Page 6 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 300 metres of the subject lands on August 8, 2018. Public meeting signs were installed on the property, fronting onto Gamsby Road and Concession Road 5, on August 10, 2018. 8.2 At the time of finalizing this report staff had been contacted by one member of the public. The inquiry was general in nature and no objections were received. Figure 2: Notice of Proposed Zoning By-law Amendment 9. Agency Comments The application was circulated to the Durham Planning and Health Departments. As of the writing of this report, no comments had been received. 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 encourages 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 Municipality of Clarington Report PSD-065-18 Page 7 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 and 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 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 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 65 hectare severed and merged parcel and will enable a surplus residential dwelling lot of 0.6 hectares. 11.3 In June 2018, the applicant applied for the severance to permit the farm surplus dwelling. The consent application was tabled by Land Division Committee on July 16, 2018 as a result of public notice not being properly posted, as well as the Regional Health Department requiring additional site servicing information. On August 15, 2018 Clarington Staff received notice that the Land Division Application will be re-heard at the September 10, 2018 meeting of the Land Division Committee. 11.4 Durham Regional Health Department provided comments dated July 26, 2018, related to the Land Division Application that their initial concerns had been satisfied and they have no objections to the approval of the application. Staff consulted with the Health Department staff and were informed that the applicant had provided them with the required information and their concerns were satisfied. 11.5 Although no comments have been received from Durham Regional Planning and Economic Development Department for the rezoning application. Comments dated July 9, 2018, to the Land Division Committee, identified no concerns with the application other than the servicing concerns of the Regional Health Department. Therefore, while formal comments related to this rezoning application have not been received, the initial concerns related to the Land Division application have been satisfied. For these reasons, Staff are recommending approval of the rezoning application. 11.6 This application is one step in the process to sever the surplus dwelling lot. The rezoning restricts a dwelling from being constructed on the farm parcel in the future. There have been no objections to this application from any of the circulated agencies or the public to date. 12. Concurrence Not Applicable. Municipality of Clarington Report PSD-065-18 Page 8 13. Conclusion 13.1 Given that there has been a previous public meeting on the related Severance application, no objections or concerns have been received through the rezoning notice, and there have been no objections to this application from any of the circulated agencies, it is respectfully recommended that Council approve the application to amend Zoning By- law 84-63 as contained in Attachment 1. 14. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B Director of Planning Services Chief Administrative Officer Staff Contact: Amanda Tapp, Planner, (905) 623-3379 ex. 2420 or atapp@clarington.net Attachments: Attachment 1 – Zoning By-law Amendment List of interested parties to be notified of Council’s decision is on file in the Planning Services Department. AT/CP/DJC/av i:\^department\ldo new filing system\application files\zba-zoning\2018\zba2018-0019 3648 concession rd 5\staff report\psd-065-18.docx Attachment 1 to PSD-065-18 Corporation of the Municipality of Clarington By-law Number 2018-______ 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 ZBA2018-0019; 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 ____________, 2018 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk