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HomeMy WebLinkAboutPSD-032-19Clarftwn 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: Joint Committees Date of Meeting: September 9, 2019 Submitted By: Faye Langmaid Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: COPA2019-0001 & ZBA2019-0011 Cross Reference: ROPA2019-003 Report Number: PSD -032-19 By-law Number: Resolution #: 1C-091-19 Report Subject: Applications by Werrcroft Farms Ltd. to amend the Clarington Official Plan and Zoning By-law 2005-109 to facilitate a surplus farm dwelling severance at 8800 Middle Road, Darlington. Recommendations: 1. That Report PSD -032-19 be received; 2. That the Official Plan Amendment and Zoning By-law Amendment applications submitted by Werrcroft Farms Ltd. continue to be processed and that a subsequent report be prepared; and 3. That all interested parties listed in Report PSD -032-19 and any delegations be advised of Council's decision. Municipality of Clarington Resort PSD -032-19 Report Overview Paae 2 The Municipality is seeking the public's input on applications to amend the Clarington Official Plan and Zoning By-law 2005-109, submitted by Werrcroft Farms Ltd. The applications are to facilitate a surplus farm dwelling severance at 8800 Middle Road in Darlington. The Official Plan amendment will permit the retained farm parcel to be less than 40 hectares. The Zoning By-law amendment will prohibit residential dwellings on the retained farm parcel. 1. Application Details 1.1 Owner/Applicant: 1.2 Agent: 1.3 Proposal: 1.4 Area: 1.5 Location: 1.6 Roll Number: 1.7 Within Built Boundary: 2. Background Kevin Werry, Werrcroft Farms Ltd. Bob Clark, Clark Consulting Services General To facilitate a surplus farm dwelling severance at 8800 Middle Road. The retained farm parcel will be 21.73 hectares in size and will consolidate with non -abutting farmlands owned by Werrcroft Farms Ltd. The severed residential parcel will be 0.41 hectares in size. Official Plan Amendment To permit the retained farm parcel at 8800 Middle Road to be less than 40 hectares in size. Rezoning To rezone the retained farm parcel at 8800 Middle Road to prohibit residential dwellings on the lot. 22.14 hectares (54.7 acres) South-west corner of Regional Road 20 and Middle Road 181701015008900 No 2.1 A future land division application for 8800 Middle Road will be submitted to the Durham Region Land Division Committee to permit the severance of a surplus farm dwelling as a result of the consolidation of non -abutting farm parcels. To facilitate such severance, a Regional Official Plan Amendment, Clarington Official Plan Amendment and Zoning By- law Amendment have been submitted. nm -Fn Municipality of Clarington Resort PSD -032-19 Figure 1: Proposed retained and severed parcels Paae 3 2.2 The Regional Official Plan Amendment is required to permit the severance of a farm dwelling rendered surplus as a result of a farmer acquiring a non -abutting farm and wishing to sever the surplus dwelling lot. As part of a surplus farm dwelling severance, the Clarington Official Plan requires the retained farm parcel to be a minimum of 40 hectares. An Official Plan Amendment is required to permit the retained farm parcel with an area of 21.73 hectares. A Zoning By-law Amendment is required to prohibit the estishment of a future residential use on the retained farm parcel, in compliance with Pro cial, Regional, and Local policies. 2.3 The plicant has submitted the following studies in support of the applications: Planning Justification Report and Minimum Distance Separation Review; and Phase I Environmental Site Assessment. m -TF1 Municipality of Clarington Resort PSD -032-19 3. Land Characteristics and Surrounding Land Uses Paae 4 3.1 The subject lands are 22.14 hectares (54.7 acres) in area with an existing single detached dwelling on the east side of the property, fronting onto Middle Road. There is a wooded area located in the south-west corner of the property and a hydro corridor running across the property in the north. The majority of the property is farmed for corn and feed grain crops that support the owners' dairy operation. 3.2 The surrounding uses are as follows: North: Regional Road 20, hydro corridor, agricultural lands, woodlands; South: Agricultural lands; East: Middle Road, agricultural lands and woodlands; and West: Agricultural lands, and woodlands. Figure 2: Zoning Amendment Sketch 2oning Amendment _, _ OETIUL Sketch Plan Werrrmft Farms rsmwxw nm,uxsr®tv2 �'t &800 Middle Road sas m�- clarington 13 s� Re ICESS7aN -` LEGE n suhlea la ndc �• ORMtP limp IDreCau�ry r 1 m ENVIRON MENTAL PROTECTION �• esl M[ODLE ROAD . " �r zsas l .-�O� _. n - - 1np�� Meaxval ReidenfiR 2479 '• �rt0�'� �n� ENNRCNMENtALPRCTECRgN- Rv - _ RlWlllld X Pamg 2L8ha hEtga� c AGRICULTURE bM �•' M + C 1_ g i _ 1 �+ MM i AGRICULTURE 9•s a 1J £�• ��r A - � VI 3 P6 riukvb ]Mral 7 n!d '� +'. AGRILLILTII RE HMe •' '+s'p+: t �o �Ro q HGRs i + + i f Figure 2: Zoning Amendment Sketch Municipality of Clarington Resort PSD -032-19 4. Provincial Policy Provincial Policy Statement Paae 5 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. 4.2 The proposal is consistent with the Provincial Policy Statement. Greenbelt Plan 4.3 The policies of the Greenbelt Plan are intended to protect prime agricultural areas for long-term agricultural uses. Within the Oak Ridges Moraine Area of the Greenbelt, lot creation is permitted in the Countryside Area for the severance of a surplus farm dwelling as a result of farm consolidation, provided that the surplus dwelling area is limited in size and no new residential dwellings are constructed on the retained parcel of farmland. 4.4 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 "Countryside Area" and "Prime Agricultural Area" within the Oak Ridges Moraine Area designation. The severance policies of the Plan state that the severance of a farm dwelling rendered surplus as a result of the consolidation of non -abutting farms is permitted through amendment to the Plan, and provided that the surplus dwelling area is limited in size and the retained farm parcel be rezoned to prohibit the establishment of a residential dwelling. 5.2 The applicant has submitted an application for an amendment to the Durham Region Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the property as "Prime Agriculture Area" and "Environmental Protection Area". 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 surplus dwelling lot be less than 0.6 hectares and the retained farm parcel be rezoned to prohibit the establishment of a residential dwelling. 5.4 The retained farm parcel will be 21.73 hectares in size and the surplus dwelling lot will be 0.41 hectares. The applicant has submitted an application for an amendment to the FIM -FF] Municipality of Clarington Resort PSD -032-19 Paae 6 Clarington Official Plan to permit the farm parcel to be 21.73 hectares, as opposed to the minimum required 40 hectares. 6. Zoning By-law 6.1 Zoning By-law 2005-109 zones the subject lands "Prime Agriculture (A) Zone" and "Environmental Protection (EP) Zone". The proposed Zoning By-law Amendment would rezone the agriculturally zoned portion of the retained farm parcel to prohibit any residential uses and will fulfil the requirements of Provincial policy and Durham Region and Clarington Official Plan policies. 7. Summary of Background Studies 7.1 A Planning Justification report prepared by Clark Consulting was submitted in support of this application. The report concludes that the application in support of severance of a surplus farm dwelling meets the objectives and requirements of the Provincial Policy Statement, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. As part of the report a map identifying the other farm parcels owned by Werrcroft Farms Ltd. was provided. A total of eight land holdings, including the subject lands, make up the Werrcroft Farms Ltd. operation (see Figure 3). 1 Ho 000 _ 1517010 Sit OOOCO - M.,M Carmel i±e �� ayeon ,xs'•� I: •'-.� EnnIcklllon P,a CLARINGTO N Aa a � z 05HAWA a nif0E01 140000001 7010 _ 3 r ^,� 6 y 181701 3 Da00•nL M` - " �8 a �a 18h307 023 -DUCC - Hampton Figure 3: Location of farm parcels owned by Werrcroft Farms Ltd. 7.2 The report also addresses the Minimum Distance Separation formulae. The report concludes that the application meets the policies of the Minimum Distance Separation formulae. Municipality of Clarington Report PSD -032-19 Page 7 7.3 A Phase I Environmental Site Assessment was also submitted. This report concluded that a Phase II review is not required. 8. Public Notice 8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on August 15, 2019 and Public Meeting signs were installed fronting onto Regional Road 20 and Middle Road on August 19, 2019. 8.2 Staff have not received any comments at the time of finalizing this report. 9. Agency Comments Durham Region 9.1 Comments from Durham Region Planning, Works and Health have not been received at the time of finalizing this report but will be included in a subsequent report. Central Lake Ontario Conservation Authority 9.2 Comments from the Central Lake Ontario Conservation Authority have not been received at the time of finalizing this report but will be included in a subsequent report. Other Agencies 9.3 Comments from Hydro One have not been received at the time of finalizing this report but will be included in a subsequent report. 10. Departmental Comments Engineering Services Department 10.1 The Engineering Services Department provided comments that they had no objections to the proposed applications. 11. Discussion 11.1 The Provincial Policy Statement encourages the long-term viability of agricultural areas and limits the opportunities to create new parcels in the rural area. Severances of surplus farm dwellings are permitted by the Province, as it is recognized that farmers may not be interested in acting as landlords when acquiring additional farmland. The Durham Region and Clarington Official Plans allow farm consolidation when possible to ensure long-term viability of agricultural operations. The Plans set out regulations for the severance of a surplus farm dwelling as a result of farm consolidation. ❑ ❑❑❑T❑ Municipality of Clarington Resort PSD -032-19 Paae 8 11.2 When a surplus farm dwelling is severed, the Regional and Clarington Official Plans in conformity with the Provincial Policy Statement require the retained farm parcel to be rezoned to prohibit the establishment of a residential dwelling on the lot. 11.3 The Clarington Official Plan policies require that when a surplus dwelling is severed from a farm parcel that is non -abutting, the farm parcel must have a minimum lot area of 40 hectares. The purpose of this policy is to ensure that the lands are viable for a farm operation. This application proposes an amendment to the Clarington Official Plan to permit the retained farm parcel to be 21.73 hectares in size. The proposed severance does not alter the existing land uses of the retained farm parcel, which is being farmed for corn and feed grain crops that support the owners' dairy operation. Upon severance, the retained farm parcel will continue to be used for agricultural purposes. The proposed retained farm parcel is deemed viable for a farm operation. 11.4 There have been no objections to this application from any circulated agencies or the public to date. 12. Concurrence Not Applicable. 13. Conclusion 13.1 The purpose of this report is to provide background information on the development applications submitted by Werrcroft Farms Ltd. for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. Staff Contact: Isabel Lima, Planner I, (905) 623-3379 ex 2428 or (Lima@clarington.net A list of interested parties to be notified of Council's decision is on file in the Planning Services Department. FIM -FF]