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HomeMy WebLinkAboutPSD-043-17Planning 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: June 20, 2017 Report Number: PSD-043-17 Resolution Number:PD-127-17 File Number: COPA2017-0008 and ZBA2017-0012 By-law Number: Report Subject: An Application by Simon Gill and Janet Taylor Gill to permit agri- tourism uses on their farm property including special events and a nano-cidery Recommendations: 1.That Report PSD-043-17 be received; 2.That staff consider the public comments received in the further processing of the Clarington Official Plan and Zoning By-law Amendment applications submitted by Simon Gill and Janet Taylor Gill to permit agri-tourism uses on their farm property; and 3.That all interested parties listed in Report PSD-043-17 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-043-17 Page 2 Report Overview Simon Gill and Janet Taylor Gill have submitted applications to amend the Clarington Official Plan and Zoning By-law to permit farm-related agri-tourism uses on their farm property including special events for up to 140 patrons over the summer season and a small cidery for serving event guests. The applicants intend on using an existing 266 square metre barn, outdoor daylily gardens and a temporary accessory tent for the events. No new permanent buildings are proposed. 1. Application Details 1.1. Owner / Applicant: Simon Gill and Janet Taylor Gill 1.2. Proposal: The applicant is proposing to establish farm-related agri-tourism uses as follows: • A maximum of 13 special events per summer season including weddings and other private and charitable events accommodating up to 140 guests per event • Utilize apples grown on-site for use in a small ‘4-barrel’ cidery within the existing farm building to serve to event guests 1.3. Area: 4.45 hectares (11 acres) 1.4. Location: Part Lot 33, Concession 4, Former Township of Clarke 1.5. Roll Number: 181703005006504 1.6. Within Built Boundary: No 2. Background 2.1 On April 21, 2017, the applicant submitted the above referenced rezoning for an existing agricultural property in the former Township of Clarke. On May 1, 2017, the applicant revised the application to include a Clarington Official Plan Amendment application. This second application was submitted as a precaution should approval of Official Plan Amendment 107 be delayed. 2.2 The subject property is actively farmed with daylily flowers and apples being grown. For the past 28 years, daylilies have been cultivated and sold from the farm which is known as “We’re in the Hayfield Now Daylily Gardens”. There has been a yearly summer daylily festival held at the property since the mid-1980’s which has consisted of many visitors, vendors, catering and entertainment. Furthermore, there have been five weddings of family members and friends since 2002 at the property. Municipality of Clarington Report PSD-043-17 Page 3 2.3 The applicants, Simon Gill and Janet Taylor Gill, purchased the property and the existing daylily business in June 2015 and have continued operating the annual daylily festival. The apple orchard component of the farm is currently being rented out to a tenant farmer while the applicants are cultivating the daylilies. The existing orchard lease will end by the time that a future site plan application related to this proposal is expected to be finalized, at which point the applicants are intending to take a greater role in farming the orchard. Apples from the orchard are intended for use for the proposed cidery. Figure 1: Site Location and layout Municipality of Clarington Report PSD-043-17 Page 4 2.4 A Planning Justification Report, Conceptual Site Plan and Barn Building Floor Plan were submitted in support of the applications. The Planning Justification Report is summarized in Section 7 of the report. 2.5 A Site Plan Approval application has not yet been submitted but will be required should the subject applications be approved. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 4.45 hectares in area (11 acres) with approximately 0.5 hectares (1.2 acres) in daylily cultivation and 1.9 hectares (4.7 acres) in cultivation as an apple orchard. There is a lawn and garden area in the middle of the property that is bordered by mature vegetation on each side and a large, open grassed area at the front of the property that is approximately 0.6 hectares in area (1.6 acres). The built structures consist of a residential dwelling, a barn, three detached accessory buildings and a pool all clustered in the south east corner of the property. There is a small stream running along the front on the property. Figure 2: Existing barn proposed for events Municipality of Clarington Report PSD-043-17 Page 5 Figure 3: Existing entrance proposed for event guests Figure 4: Lawn and gardens area Municipality of Clarington Report PSD-043-17 Page 6 Figure 5: Lawn area proposed for guest parking 3.2 The surrounding uses are as follows: North - Rural residential dwelling and agricultural field South - Rural residential dwelling and orchard East - Open agricultural field West - Farm buildings and open agricultural field 4. Provincial Policy 4.1 Provincial Policy Statement The subject lands are located in a Prime Agricultural Area. Uses permitted in Prime Agricultural Areas include agricultural uses, agriculture-related uses and on-farm diversified uses. On-farm diversified uses shall be compatible with and shall not hinder surrounding agricultural operations. Criteria for these uses are based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. “On-farm diversified uses” are defined as uses that are secondary to the principal agricultural use of the property, and limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. Municipality of Clarington Report PSD-043-17 Page 7 “Agri-tourism” means those farm-related tourism uses, including limited accommodation such as bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. 4.2 Greenbelt Plan The subject property is within a location of the rural area that is not covered by the Greenbelt Plan. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands as Prime Agricultural Areas. Small-scale uses that are secondary to the agricultural use that produce value- added agricultural products, such as cottage wineries and agri-tourism uses, such as bed and breakfast establishments, farm vacation homes and farm tours are permitted as secondary agricultural uses, provided such uses are directly related to, or exclusively devoted to the existing farm operation. 5.2 Clarington Official Plan Current Official Plan (1996) The Clarington Official Plan designates the subject lands as Prime Agricultural Areas. Prime Agricultural Areas shall be used only for farm and farm-related uses including the growing of crops and nurseries. Seasonal farm produce stands may be permitted provided the produce is grown locally. The sale of the daylilies grown on the property is permitted however, the special event venue and cidery is not identified as a permitted use and therefore an amendment to the Prime Agricultural Area policies is required. Clarington Official Plan (OPA 107) as amended by Amendment 107 On November 1, 2016, Council adopted Official Plan Amendment 107 (OPA 107) which brought the Clarington Official Plan into conformity with the Regional Official Plan and Provincial Policies. The Official Plan, as amended designates the subject property as Prime Agricultural and Environmental Protection Area. The existing barn that is proposed to be used as the event venue is located within the area of the property designated Prime Agricultural Areas. The amended Policies permit on-farm diversified uses including agri- tourism uses in Prime Agricultural Areas. 6. Zoning By-law Zoning By-law 84-63 zones the subject lands “Agricultural (A)” which permits agricultural uses including the sale of agricultural products produced on the farm as well as a residential dwelling. The proposed special events use and cidery is not a permitted use. Municipality of Clarington Report PSD-043-17 Page 8 7. Summary of Background Studies 7.1 Planning Justification Report, Clark Consulting Services, March 2017 The report provides an overview of the subject property and the special events and cidery proposal. The following details were included in the report: • Special events are to be secondary to the existing agricultural use and will consist of catered weddings and private and charitable events for up to 140 guests (plus wedding officiants and wedding party) in an existing barn and outdoor gardens. • The events will relate directly to the daylily farm products and orchard by using the daylilies for event themes and as a photography setting, garden tours of the daylily garden and orchard during events and using apples as event menu items and for the cidery which will serve event guests. • There will be no land removed from agricultural production, no site development or soil disturbance including no grading for the parking area or any new buildings. • A temporary accessory tent will be used within the garden area as necessary. • The barn is not insulated so events will be held only during the summer and will not exceed 13 events per year. • Portable, self-contained washroom facilities are intended to be used during events • The proposed cidery will use a ‘4 barrel system’ size or smaller (approximately 8 times larger than what can be brewed on a residential stove) and will be located within the existing ancillary farming structure. • Parking can be accommodated on-site within the front lawn area which will become a shared use space with hay to be planted and harvested in the fall and spring • A site plan application will be submitted after the current applications are completed. • The event venue meets all Minimum Distance Separation (MDS) requirements. The Planning consultant provides an analysis of applicable policies from the Provincial Policy Statement and finds that the proposed use is consistent with the Rural and Prime Agricultural policies that permit on- farm diversified uses, including agri-tourism uses. The proposal was reviewed for compliance with the Durham Regional Official Plan and was found to conform to the policies that permit small-scale uses that are secondary to the agricultural use of the property including agri-tourism uses. The consultant notes that policies for on-farm diversified uses, including agri-tourism are included in the Clarington Official Plan (OPA 107). The consultant notes that a Zoning By- law Amendment is required to add site specific policies to permit the special events and cidery on the property. Municipality of Clarington Report PSD-043-17 Page 9 8. Public Notice and Submissions 8.1 Public notice was given by mail to each landowner within 300 metres of the subject lands. The public notices for these applications were mailed on May 17, 2017 and the appropriate signage outlining the applications was installed on the subject lands along Pollard Road. 8.2 At the time of writing, staff have received no submissions regarding the proposal. 9. Agency Comments 9.1 Regional Municipality of Durham To date comments have not been received from the Durham Regional Planning Department or the Durham Region Health Department. 10. Departmental Comments 10.1 Engineering Services Engineering Services has reviewed the application and have no objection to the Official Plan amendment and the proposed zoning change. The following comments will apply to the future site plan application should the Official Plan Amendment and the Zoning By- law Amendment be approved: • The applicant must provide adequate on-site parking for the proposed use. On-street parking will not be permitted for the proposed use. • The applicant will be responsible for the illumination of the commercial entrance. Provision for appropriate on-site illumination must be provided on the site plan. Engineering Services also provided a number of additional comments and conditions related to Site Plan Approval including typical comments regarding site alteration, boulevard works including entrance construction and securities. 10.2 Building Division The Building Division has reviewed the applications and although they have identified no objection in principle to the proposal, they have identified a number of issues that will need to be addressed at the Site Plan Application stage should the Official Plan Amendment and the Zoning By-law Amendment be approved. These issues include the need for the proposed event building to be modified for assembly use occupancy, have water supply for firefighting and have an identified fire route. 10.3 Emergency and Fire Services The Emergency and Fire Services Department have reviewed the applications and have stated that a Change of Use Building Permit is required and on-site water supply for firefighting may be required. Municipality of Clarington Report PSD-043-17 Page 10 11. Discussion 11.1 The applicant is proposing to amend the Clarington Official Plan and Zoning By-law to add site specific policies and regulations to permit agri-tourism uses on an existing 4.45 hectare agricultural property. The applicant intends on submitting a subsequent Site Plan Approval application to address details of site development should the current proposed applications be approved. 11.2 Both Provincial and Regional land use policies promote opportunities to support a diversified rural economy and have evolved to permit on-farm diversified uses (which includes agri-tourism uses) in both prime agricultural areas and rural areas, provided that the uses are secondary to the principal agricultural use, are limited in area and are compatible with the surrounding agricultural area. The Regional Official Plan allows for secondary uses to an agricultural operation but leaves the criteria for defining them to the local municipal Official Plan. OPA 107 contains policies permitting agri-tourism uses, which these applications will be reviewed against. As of the writing of this report, OPA 107 has not been approved by the Region and the 1996 Official Plan does not include policies by which to assess these types of land uses. 11.3 The proposed special events use and cidery will be assessed in accordance with the framework included in the Countryside Discussion Paper (2013), OMAFRA’s Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas, and all agency comments. All such criteria provide similar measures that seek to ensure that agri-tourism proposals remain secondary to agricultural uses, protect normal farm practices, are limited in size and are compatible with the rural area. 11.4 The conversion of the site from strictly an agricultural operation to an agri-tourism use will require the modification of the existing agricultural barn for human occupancy including the requirement for water supply for firefighting. The provision of sanitary services will be required for the special events use to the satisfaction of the Durham Health Department. 11.5 The applicant intends to utilize the existing north entrance into the site to accommodate event guests. The entrance has sufficient visibility, however, it will need to be upgraded to a commercial entrance standard to the satisfaction of Clarington Engineering Services. 11.6 The applicant is intending to share existing spaces between agricultural uses and the proposed agri-tourism uses thus limiting the total space permanently removed from agricultural use. An existing 266 square metre barn is intended to be used to host events while no new permanent structures are to be built. The barn will share 154 square metres of floor area for both the agri-tourism uses and agricultural use as the proposed events are planned to take place only during the summer months, leaving the space available for agricultural uses during the rest of the year. 55 square metres of the barn will be dedicated entirely for the agri-tourism use including the proposed cidery and 58 square metres will be maintained for agricultural storage only. The 0.6 hectare front lawn area is also intended to be shared as a parking area for event guests and being planted and harvested with hay during the seasons when events are not taking place. This space is currently sodded and is not being farmed. Municipality of Clarington Report PSD-043-17 Page 11 11.7 Comments provided by departments, agencies and the public will continue to be reviewed and addressed by the applicant and their consultants as they are received. 12. Concurrence Not applicable 13. Conclusion The purpose of this report is to provide background information on the applications and provide opportunity for the public to address Committee with comments related to the applications. Staff will continue processing the application including the preparation of a subsequent report. 14. Strategic Plan Application Not applicable. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO, Director of Planning Services Interim CAO Staff Contact: David Addington, Planner I, 905-623-3379 ext. 2419 or daddington@clarington.net The following is a list of interested parties to be notified of Council's decision: Simon Gill and Janet Taylor Gill Judy and Charles Pell Anne Wilson DA/CP/df