HomeMy WebLinkAboutPSD-047-16Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: June 27, 2016
Report Number: PSD-047-16 Resolution Number:
File Number: ZBA 2016-0012 By-law Number:
Report Subject: An Application by W.E. Roth Construction Limited to add a (H)
Holding provision to the Agriculturally zoned lands at 8318 Maynard
Road
Recommendations:
1.That Report PSD-047-16 be received;
2.That the proposed application for Rezoning ZBA 2016-0012 submitted by W.E. Roth
Construction Limited be approved;
3.That the Zoning By-law Amendment be approved as contained in Attachment 1 to Report
PSD-047-16;
4.That once conditions contained in the Official Plan and Zoning By-law with respect to the
removal of the (H) Holding Symbol are satisfied, including the preparation of an
Archaeological Study for land to be used for residential purposes, the By-law authorizing
the removal of the (H) Holding Symbol be approved;
5.That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-047-16 and
Council’s decision; and
6.That all interested parties listed in Report PSD-047-16 and any delegations be advised of
Council’s decision.
PD-111-16
2016-065
Municipality of Clarington
Report PSD-047-16 Page 2
Report Overview
W. E. Roth Construction Limited has submitted a rezoning application to add a (H) Holding
provision to the portion of the lands zoned Agriculture (A). This is to implement the requirement
of the Region of Durham for two related consent applications and to ensure that after the
creation of three 80 hectare lots, an archaeological study is submitted prior to removal of the
(H) Holding and issuance of a building permit for a dwelling.
1. Application Details
1.1. Owner: W.E. Roth Construction Limited
1.2. Proposal: To rezone the lands zoned “Agriculture (A)” to add a “(H) Holding”
provision to require an Archaeological Study to be completed prior
to the issuance of a building permit for a house.
1.3. Area: 240 hectares (600 acres)
1.4. Location: 8318 Maynard Road
1.5. Roll Number: 18-17-030-070-05100, 18-17-030-070-05501 and 18-17-030-
070-05600
1.6. Within Built Boundary: No
2. Background
2.1. On August 17, 2015, the Durham Region Land Division Committee considered
applications LD 085/2015 and LD 086/2015. To allow a 240 ha (600 acre) lot to be split
into three, 80 ha (200 acre) lots. As a condition of approval the Region of Durham
Planning Department required the preparation of an Archaeological Study for the
property. The property is on the Oak Ridges Moraine and has an existing dwelling at
8318 Maynard Road.
2.2. Due to the costs of preparing an archaeological study for such a large land mass, the
applicant approached the Municipality of Clarington to try and find a more practical
solution. As a result, the applicant filed the application on May 11, 2016, to rezone the
Agriculturally (A) zoned portion of the lot, which permits a single detached dwelling, to be
rezoned by adding a “(H) Holding” provision. An archaeological study can then be
submitted by future land owners, for only the portion of the property to be used for the
residence, prior to removal of the holding and issuance of a building permit.
Municipality of Clarington
Report PSD-047-16 Page 3
2.3 Studies Submitted
The applicant submitted a Minimum Distance Separation Calculation in support of the
application prepared by Azimuth Environmental Consulting Inc., dated September 8,
2015. The study concluded there are three beef farms within 1000 metres of the land
holdings. An existing farm near the south west limit of the property does not meet the
required MDS setback to the closest lot line based on the housing capacity of the barns.
However, a future residence can be pushed further east or north on the lot and comply
with the MDS requirements.
Figure 1: Map showing subject site
Municipality of Clarington
Report PSD-047-16 Page 4
3. Land Characteristics and Surrounding Uses
3.1 The property is a rolling and partially vegetated, 240 hectare parcel on the north side of
Concession Road 8, abutting the west side of Maynard Road, and east of Harris Road.
Approximately a quarter of the property is used for agriculture, while the balance of the
lands contain trees and bush land. The property has an existing house with access from
Maynard Road.
3.2 The surrounding uses are as follows:
North - the lands to the north are rolling, vacant and tree covered.
South - the lands to the south are primarily used for agriculture.
East - the lands on the east side of Maynard Road include a farm operation, the
balance of the lands are primarily vegetated and rolling.
West - the lands immediately to the west are rolling farm land.
4. Provincial Policy
4.1 Provincial Policy Statement
The lands are considered to be both Prime Agricultural and Rural. Both areas permit the
creation of new agricultural parcels provided they are of a size appropriate for the type of
agricultural use, and large enough to maintain flexibility for future changes in the type or
size of agricultural operation. Natural features shall be protected for the long term.
New agricultural parcels are permitted provided they comply with minimum distance
separation formulae.
4.2 Oak Ridges Moraine
The lands are within the Countryside and Natural Core Areas of the Oak Ridges Moraine.
The lands are within a Class 1 Landform Conservation Area and are partially within an area
of High Aquifer Vulnerability.
All designations within the Oak Ridges Moraine Conservation Plan permit agricultural
uses, however development shall satisfy the policies with respect to key natural heritage
features and hydrologically sensitive features and their associated buffer areas; landform
conservation areas and area of high aquifer vulnerability. Any development or site
alteration may require the submission of an evaluation by a qualified environmental
consultant.
Lot creation is permitted where the purpose is to re-establish original township lot lines
that contain 81 hectares (200 acres). The Plan provides policies to ensure there is
enough developable area on the severed and retained lands to accommodate the
proposed use without encroaching into sensitive features.
Municipality of Clarington
Report PSD-047-16 Page 5
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the property Oak Ridges Moraine, and
further identifies the property as Natural Core Area and Countryside Area. Natural Core
Areas contain a high concentration of key natural heritage features, hydrologically
sensitive feature or land form conservation. New permitted uses are very limited and
relate primarily to conservation and resource management.
Countryside Areas are intended to protect prime agricultural areas, provide for the
continuation of agricultural and other rural land uses. The applications for consent were
determined to be consistent with these policies. The rezoning to add a Holding provision
conforms to the policies.
5.2 Clarington Official Plan
The subject lands are designated a mix of Prime Agricultural, Environmental Protection
Area and Natural Core Area.
New agricultural parcels are permitted provided they comply with minimum distance
separation formulae and have a minimum lot area of 40 hectares. The rezoning
application conforms.
6. Zoning By-law
The lands are zoned Agricultural (A), Environmental Protection (EP) and Natural Core
(NC) by Zoning By-law 2005-109. A residential use is only permitted within the ‘A’ zone.
The proposed severed and retained lots would continue to satisfy the minimum lot area of
40 hectares and the minimum lot frontage of 100 metres.
7. Public Notice and Submissions
Public Notice was mailed to all property owners within 300 metres of the subject property,
and a sign was posted on the Concession Road 8 frontage. Staff received enquiries from
two neighbouring property owners enquiring as to the purpose of the application. Neither
had any objection to the application.
Municipality of Clarington
Report PSD-047-16 Page 6
Figure 2: Notice of Proposed Zoning By-law Amendment
8. Agency Comments
8.1 Regional Municipality of Durham Planning Department
The Regional Planning Staff have no concerns or comments with respect to the rezoning
application, to add a (H) Holding Provision to a portion of the lands to ensure an
archeological study is submitted prior to removal of a (H) Holding and issuance of a
building permit. Matters relating to this application were identified through land division
applications LD 85/2015 and LD 86/2015.
8.2 Public School Board
Board staff have advised they have no objections to the above noted application. Should
any residential units be proposed, any students generated would be accommodated at
Kirby Centennial PS (JK – 6), The Pines Sr. PS (7-8) or Clarke High School (9-12).
9. Departmental Comments
Engineering Services
The Engineering Services Department has no objection to the rezoning and has
previously commented with no objection to the severances.
Municipality of Clarington
Report PSD-047-16 Page 7
10. Discussion
10.1 The majority of the lands are zoned Environmental Protection (EP) or National Core (NC).
Residential dwellings are prohibited on those lands. The only area of concern are those
lands zoned Agricultural (A).
10.2 The lands are subject to approved consent applications LD 85/2015 and LD 86/2015. A
condition of approval from the Region of Durham Planning Department required an
archaeological study be completed prior to the consent being finalized. An
archaeological study was not reasonable for the 240 ha (600 acres). As a result the
applicant has filed the rezoning to place a “(H) Holding” on the lands. The Holding
symbol will prevent the issuance of a building permit. As it is the owner’s intention to sell
the lands the purchasers can undertake an archaeological study for the lands where a
house, accessory buildings and driveway are to be located. The Region of Durham
accepted this approach.
10.3 A report in support of the application identifies that there is sufficient room on the two
vacant lots to accommodate a dwelling each in compliance with the minimum distance
separation setbacks calculated at 250 metres.
10.4 The lands are on Oak Ridges Moraine and are in a site plan control area. There appears
to be suitable lands without vegetation to provide a future building envelope, a ‘plans
only’ approval will provide the Municipality and agencies an opportunity to request the
necessary evaluations and plans and to approve building envelopes, while considering
the minimum distance separation setback, should a building permit for a dwelling be
proposed in the future.
11. Conclusion
In consideration of the agency, staff and public comments, it is respectfully recommended
that the applications to add a “(H) Holding” provision be approved.
12. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD-047-16
4>;'.��:·:::"· ,,. - ) A" / lp7
Submitted by: t/�.t__
l 1<:t J. Crome, MCIP, RPP
Director of Planning Services
Page 8
\ / .. ,,., . ., /'/ Q'' ,, 1:_J /) . { f�-----·'""" .. ,. t/ '-,1 P r: ,,
1 � j • { .... ..(........._,,_./\ "' .. '· I Reviewed by:"'--·--/ ' ··· (, �--· ··· ·----···· l -�,,,, __ "rt.c.
Franklin Wu,
Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Senior Planner 905-623-3379 ext. 2408 or
ataylorscott@clarington.net
Attachment 1 -Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
W.E. Roth Construction Limited
CP/ATS/df
Attachment 1 to
Municipality of Clarington Report PSD-047-16
The Corporation of the Municipality of Clarington
By-law Number 2016-______
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 to add a (H) Holding provision to ensure an archaeological study is
completed prior to the construction of a dwelling on the severed lots (ZBA 2016-0012);
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule “2” (Clarke)” to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
“Agricultural (A) Zone” to “Holding – Agricultural ((H)A) Zone” as illustrated on the
attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
By-law passed in open session this _____ day of _____________, 2016
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk