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HomeMy WebLinkAboutPDS-011-22Staff 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: March 7, 2022 Report Number: PDS-011-22 Submitted By: Reviewed By: File Number: Report Subject: Ryan Windle, Director of Planning and Development Services Mary-Anne Dempster, CAO Resolution#: COPA2021-0002 By-law Number: Official Plan Amendment to facilitate the severance of a surplus farm dwelling at 40 Station Street Recommendations: 1.That Report PDS-011-22 and any related communication items, be received; 2.That the Official Plan Amendment attached to Report PDS-011-22, Attachment 1, be approved; and 3.That all interested parties listed in Report PDS-011-22 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-011-22 Report Overview On July 5, 2021, Council adopted Amendment Number 128 to the Municipality of Clarington Official Plan. This application was considered non-exempt from Regional approval (at the time). The Clarington Official Plan Amendment would permit a farm parcel less than 40 hectares and a residential parcel slightly larger than 0.6 hectares to facilitate a non-abutting farm severance. The associated Zoning By-law Amendment prohibited future residential development on the retained parcel, prohibited the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce d the interior side yard setback from the proposed property line to two existing farm buildings. The Zoning By-law Amendment will come into effect once the Official Plan Amendment has been approved. Official Plan Amendment No. 184 (ROPA 184) to the Regional Official Plan was approved by the Region on October 27, 2021. The amendment permits the severance of a dwelling rendered surplus to a farming operation as a result of the consolidation of non -abutting farm parcels on the subject lands. ROPA 184 has addressed the Region’s interest in the matter and the Clarington Official Plan Amendment application is now exempt from Regional Approval. As such, the Region has advised that COPA2021-0002 is now exempt from Regional Approval and a new notice of adoption is required. 1. Application Details 1.1 Owner/Applicant: 172596 Ontario Ltd. 1.2 Agent: Clark Consulting Services 1.3 Proposal: General To facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. The retained farm parcel would consolidate with non-abutting farmlands owned by 172596 Ontario Ltd. and Algoma Orchards Ltd. Official Plan Amendment To permit a farm parcel less than 40 hectares and a residential parcel larger than 0.6 hectares. The retained farm parcel would be 35.18 hectares and the severed residential parcel would be 0.62 hectares. Municipality of Clarington Page 3 Report PDS-011-22 Official Plan Amendment To permit a farm parcel less than 40 hectares and a residential parcel larger than 0.6 hectares. The retained farm parcel would be 35.18 hectares and the severed residential parcel would be 0.62 hectares. 1.4 Area: 35.8 ha 1.5 Location: 40 Station Street, Orono (See Figure 1) 1.6 Roll Number: 181703005012401 1.7 Within the Built Boundary: No Figure 1: Proposed Severed and Retained Parcels Municipality of Clarington Page 4 Report PDS-011-22 2. Background 2.1 On February 11, 2021, 172596 Ontario Ltd. submitted applications for an Official Plan Amendment and Zoning By-law Amendment to facilitate the severance of a surplus farm dwelling at 40 Station Street in Orono. An application for the associated Regional Official Plan Amendment (ROPA 2021-001) was also submitted to the Region of Durham. 2.2 As part of a surplus farm dwelling severance, the Clarington Official Plan requires the retained farm parcel maintain a minimum of 40 hectares and the severed residential parcel a maximum of 0.6 hectares. An Official Plan Amendment was submitted to permit the retained farm parcel with an area of 35.18 hectares and the severed residential parcel with an area of 0.62 hectares. The retained parcel would consolidate with non - abutting farmlands owned by 172596 Ontario Ltd. and Algoma Orchards Ltd. 2.3 A Zoning By-law Amendment was also required to prohibit future residential development on the retained parcel, prohibit the housing of livestock in the existing farm buildings as required by the Minimum Distance Separation (MDS) formulae and reduce the interior side yard setback from the proposed property line to two existing farm buildings. 2.4 On July 5, 2021, Council endorsed the recommendations contained in PDS -037-21 (Resolution #C-243-21) approving applications COPA2021-002 and ZBA2021-0003 as follows: 1. That Report PDS-037-21 be received; 2. That the Municipality of Clarington has no objections to the approval of ROPA 2021-001; 3. That Amendment No.128 to the Clarington Official Plan as contained in Attachment 1 of Report PDS-037-21 be adopted; 4. That the By-law to amend Zoning By-law 84-63 attached to Report PDS-037-21, as Attachment 2, be approved; 5. That with regard to Heritage Designation of 40 Station Street, Orono: i. the draft updated Designation By-law (Attachment 3) be endorsed; ii. the enactment of the updated Designation By-law be required as a condition of approval of any future Land Division application on the subject lands; and iii. the Clerk be authorized to issue the required Notice under Part IV of the Ontario Heritage Act to initiate the process to amend the designation on the subject lands. Municipality of Clarington Page 5 Report PDS-011-22 6. That all interested parties listed in Report PDS-037-21 and any delegations be advised of Council’s decision. 2.5 The By-law to amend Zoning By-law 84-63 per Section 24(2) of the Planning Act will come into effect once the Official Plan Amendment comes into effect. 2.6 Official Plan Amendment No. 184 (ROPA 184) to the Regional Official Plan was approved by the Region on October 27, 2021. The amendment permits the severance of a dwelling rendered surplus to a farming operation as a result of the consolidation of non-abutting farm parcels on the subject lands. 2.7 ROPA 184 has addressed the Region’s interest in the matter and the Clarington Official Plan Amendment application is now exempt from Regional Approval. As such, the Region has advised that COPA-2021-0002 is now exempt from Regional Approval and a new notice of adoption is required. 2.8 On December 20, 2021, 172596 Ontario Ltd. submitted a Consent to Sever application to the Region of Durham. The application has not yet been scheduled for public meeting. 3. Discussion 3.1 A new notice of adoption for Amendment Number 128 is required as the Region has approved the associated Regional Official Plan Amendment and the Clarington Official Plan Amendment is now exempt from Regional approval. 3.2 In accordance with the Planning Act, the Notice of Adoption is to be completed within 15 days of Council’s adoption of this amendment. Since the Regional Municipality of Durham has advised that this amendment is exempt from Durham Regional approval, this Notice of Adoption shall contain the mandatory statement advising the public that the amendment is exempt and that the decision of Council is final should no appeals be received. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that Council approve the amendment to the Clarington Official Plan (see Attachment 1). Municipality of Clarington Page 6 Report PDS-011-22 Staff Contact: Toni Rubino, Planner, (905) 623-3379 ext. 2431 or trubino@clarington.net. Attachments: Attachment 1 – Official Plan Amendment Interested Parties: 172596 Ontario Ltd. Bob Clark, Clark Consulting Attachment 1 to Municipality of Clarington Report PDS-011-22 Amendment Number 128 To the Municipality of Clarington Official Plan Purpose: To permit the severance of a non-abutting surplus farm dwelling of 0.62 hectares with a retained farm parcel of 35.18 hectares. The Official Plan Amendment will permit the severed parcel to be greater than 0.60 hectares and the retained parcel to be less than 40 hectares. Basis: This amendment is based on an application submitted by 172596 Ontario Ltd. to permit the severance of a surplus farm dwelling as a result of the consolidation of non-abutting farm parcels. This application was supported by a Planning Justification Report and Minimum Distance Separation Review and has been reviewed by public agencies and municipal staff. Consideration has also been given to Provincial Policy and the current Durham Regional Official Plan. Actual Amendment: The Clarington Official Plan is hereby amended as follows: 1. In Section 23.19.4. iii), Table 23-1 “Surplus Farm Dwelling Lot Exceptions” by adding the following exception: Table 23-1 Surplus Farm Dwelling Lot Exceptions Exception No. Assessment No. Legal Description Area of Surplus Dwelling Lot (ha) Area of Remainder of Land (ha) “10 030-050-12401 (2021) Part Lot 27, Conc. 5 former Twp. of Clarke 0.62 35.18” 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.