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HomeMy WebLinkAboutPSD-017-10CI~1iCl~0ll Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010. Resolution #: G'~QR-QS~-/0 By-law#: NIA Report #: PSD-017-10 File #'s: COPA 2009-0004 and ZBA 2009-0017 Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE ERECTION OF A TENT STRUCTURE FOR THE SEASONAL USE OF AGRI-TOURISM EVENTS AS A SECONDARY USE TO THE EXISTING FARM OPERATION APPLICANT: NANCY MALLETTE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-017-10 be received; 2. THAT Staff continue processing the applications to amend the Official Plan and Zoning By-law; and 3. THAT all interested parties listed in Report PSD-017-10 and any delegations be advised of Council's decision. Submitted by: f Reviewed by:~~~~~~yt. a e La gm d, FCSLA, MCIP Franklin Wu A ing Director, Planning Services Chief Administrative Officer MH/CP/df 22 January 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-017-70 1.0 APPLICATION DETAILS 1.1 Applicant: D. G. Biddle & Associates Limited 1.2 Owner: Nancy Mallette PAGE 2 1.3 Proposal: To amend the Clarington Official Plan and Zoning By-law to permit the erection of a tent structure for the seasonal use of agri-tourism events as a secondary use to the existing farm operation. 1.4 Area: 16 hectares 1.5 Location: 3745 Highway 2, Clarke, Part Lot 24, Concession 1, Former Township of Clarke 2.0 BACKGROUND 2.1 In the spring of 2009; the owner of the subject lands erected a tent structure for use during a family member's wedding which occurred in the summer months. The owner has advised it was her intent to use the tent structure in subsequent years for the propagation of plants as an extension of the existing nursery/garden market use on the subject property; established in 2003. Following the success of the wedding, the owner received multiple requests from local groups and individuals to host. their own personal weddings and events on the subject properly, including charity events and horticultural group tours. 2.2 On December 9, 2009, D. G. Biddle & Associates Limited submitted applications to amend the Clarington Official Plan and Zoning lay-law 84-63 on behalf of the property owner, Nancy Mallette. The proposed amendments are to permit the seasonal use of the existing tent structure for agri-tourism events as a secondary use to the existing farm operation. In addition, a separate septic system and washroom building is proposed to be erected in order to meet health standards for ongoing events within the tent. The applications were considered complete on December 18, 2009. 2.3 A Planning Rationale Report was submitted in support of the proposed agri-tourism use on the subject property, as part of the. applications for Official Plan Amendment and Zoning By-law Amendment. Abest-practice noise mitigation plan is being developed and will be submitted as part of a site plan application. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located just outside the eastern limits of the Newcastle Village urban boundary, at 3745 Highway 2. The 16 hectare parcel of land fronts onto the south side of Highway 2, and extends as far south as Highway 401. The existing greenhouse/ nursery operation is located along the Highway 2 frontage, setback approximately 150 metres from the road allowance south of the two ponds which are located at the north end of the property. REPORT NO.: PSD-017-10 PACE 3 3.2 Currently there exists one (1) single detached dwelling, one (1) large greenhouse, five (5) small greenhouses and multiple storage barns, a variety of gardens and a 15 metre by 20 metre concrete pad upon which a seasonal tent is erected (see photo 1 below). The remaining approximate 10 hectares of land, is clear of buildings or structures. Currently there are two large ponds located at the north end of the property separating the existing buildings and uses from Highway 2, as well as a watercourse which is a tributary to Graham Creek. A second watercourse runs through the property, south of the location of the event tent structure and proposed washroom building. 3.3 The event tent is located approximately 225 metres from the Highway 2 road allowance, and is screened by existing vegetation and farm buildings. As shown in photo 2 below, existing buildings on site are located a fair distance away from the road. looking south, September 22, 2009 REPORT NO.: PSD-017-10 PAGE 4 3.4 The surrounding uses are as follows: North - One rural residential property, and vacant land South - Highway 401 East - Rural residential properties/actively farmed land West - Actively farmed land/Canadian Pacific Railway 4.0 .PROVINCIAL POLICY 4.1 Provincial Policv Statement The applications are consistent with a number of policies within the 2005 Provincial Policy Statement (PPS). The PPS states that in rural areas located in municipalities, development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted; and that recreational, tourism, and other economic opportunities should be promoted. In addition, in Prime Agricultural Areas, permitted- uses and activities include: agricultural uses, secondary uses and agriculture-related uses. Secondary uses are secondary to the principle use of the property, including but not limited to home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the property. Any new secondary uses shall be compatible with, and shall not hinder, surrounding agricultural operations. 4.2 Greenbelt Plan The subject lands are located within the "Protected Countryside Area" of the Greenbelt Plan. The Protected Countryside contains an Agricultural System, which is made up of specialty crop areas, prime agricultural areas and rural areas. The subject property is within a prime agricultural area. For lands falling within the prime agricultural areas, as identified in municipal official plans, normal farm practices and a full range of agricultural, agriculture-related and secondary uses are supported and permitted. 4.3 Provincial Growth Plan The Provincial Growth Plan contains policies for where and how to grow within the Greater Golden Horseshoe. Development outside of a settlement area may be permitted in rural areas, only in accordance with Policy 2.2.2.1.1). This policy states that population and employment growth will be accommodated by directing development to settlement areas, except where necessary for development related to the management or use of resources, resource-based recreational activities, and rural land uses that cannot be located in settlement areas. REPORT NO.: PSD-017-10 PAGE 5 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan Within the Durham Regional Official Plan, the subject property is designated "Prime Agricultural Areas". Prime Agricultural Areas shall be used primarily for agriculture and farm-related uses. A full range of agricultural, agricultural-related and secondary uses shall be permitted. Small-scale secondary uses to the principle agriculture use, that produce value-added agricultural products, such as cottage wineries, and agri-tourism uses including bed and breakfast establishments, farm vacation homes, and farm tours, are permitted as secondary agricultural uses provided those uses are directly related to, or exclusively devoted to the existing farm operation. 5.2 Clarington Official Plan Within the Clarington Official Plan, the subject property is designated "Prime Agricultural Area". Prime Agricultural Areas shall be used only for farm and farm-related uses including the use of land, buildings and structures for nurseries, the growing of crops and the raising of livestock. Home-based occupations, limited home industry and seasonal farm produce retail stands are also permitted uses. The proposed agri-tourism use is not permitted within the Prime Agricultural Area designation. 6.0 ZONING BY-LAW 6.1 Within Zoning By-law 84-63 the subject property is zoned "Agricultural Exception (A-1)". Permitted uses within the "A-1"zone include a single detached dwelling, a farm, conservation and forestry. The proposed agri-tourism use is not permitted within the "A- 1" zone. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Planning Rationale Reoort A Planning Rationale Report was submitted in support of the proposed Official Plan and Zoning By-law amendments. The following arguments were made: o The site is well-equipped to accommodate a large number of parking spaces, and there will be no impact on existing traffic levels along Highway 2; o Hosting agri-tourism events on site will provide exposure to the operation of a farm/nursery and the "rural farm experience°; o The proposed secondary use of the property provides value added products and income to support the existing farm operation; o The location of tent is at rear of property, well away from adjacent properties and dwellings; and REPORT NO.: PSD-017-10 PAGE 6 o The agri-tourism uses will provide a greater range of choice for personal services within Clarington, and will only strengthen the local economy. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public meeting sign was installed on the subject lands. No inquiries on the applications were received at the time of writing this report. 9.0 AGENCY COMMENTS 9.1 The applications have been circulated to the applicable agencies for comment. The Clarington Operations Department and Building Division have no objections. 9.2 Ganaraska Region Conservation Authority (GRCA) have indicated that the subject lands are traversed by two watercourses which are tributary to Graham Creek. The Conservation Authority strives to maintain undisturbed vegetated buffers running consistently along all watercourses. For intermittent or warmwater systems, GRCA policy generally requires a 15 metre buffer be left, within which no development or site alteration should occur. Given the nature and extent of the works being undertaken, the GRCA will not be requesting that stormwater controls be incorporated in the design of the site plan. 9.3 The Clarington Emergency and Fire Services Department has no objections to the application provided that: • An appropriate turn-around for fire vehicles is provided; • The applicant ensures that the Fire Department access route meets the requirements of the Ontario Building Code; • Details on the Flame Resistance Rating of the material used is provided; and • Appropriate fire extinguishers are provided. These issues will all be addressed through application for site plan approval. 9.4 The Clarington Engineering Services Department have no objection to the proposed Official Plan Amendment and Rezoning. They provided comments that need to be addressed prior to site plan approval including satisfying Engineering Services Department regarding modifications to the driveway and proposed drainage. 9.5 Comments from Durham Regional Planning Department; Durham Regional Health Department ,Durham Regional Works Department, Ministry of Transportation and Hydro One Network Inc. are outstanding at the time of writing this report. REPORT NO.: PSD-017-10 PAGE 7 10.0 STAFF COMMENTS 10.1 A comprehensive review of the Clarington Official Plan is currently underway, where the Official Plan policies which regulate agricultural areas within Clarington will be revisited and redefined to be in conformity with the Provincial Greenbelt Plan and the Durham Region Official Plan. Part of the review will consider policies for agri-tourism and other uses consistent with the protection of the agricultural base. Prior to the submission of the proposed Official Plan amendment and Zoning By-law amendment by the applicant, Planning Staff have begun the review of the agricultural policies, however, the review is ongoing. For this reason, Staff believe that additional time for review of the proposed application is necessary prior to making any recommendations that may or may not have a detrimental impact on the preferred outcome of the review exercise. 10.2 Details relating to noise mitigation, landscaping, parking, proposed septic system/washroom details and building code requirements will be addressed through the site plan approval process. The applicant has indicated that an application for site plan approval is currently being prepared and will be submitted for review shortly. 11.0 CONCLUSION 11.1 As the purpose of this report is to satisfy the requirements for Public Meeting under the Planning Act, and taking into consideration the comments received to date, it is respectfully recommended that Staff continue processing the applications for Official Plan Amendment and Zoning By-law Amendment, and the preparation of a subsequent report. Staff Contact: Meaghan Harrington Attachment: Attachment 1 - .Key Map Attachment 2 - Proposed Amendment as submitted by Applicant List of interested parties to be advised of Council's decision: D. G. Biddle & Associates Limited Nancy Mallette Attachment 1 To Report PSD-017-10 2 ~ _ _.. c a y C 'O R _ _ I OtlOTI NOSN3Nd31S ~ ~ Q ~ Y df ~] I ^ ~ 0 ~ . ~ ~ ~`~ ~ O d o a _ R O rc 3 O R 'o ~ N R N V Z am a~ ~ -__ T N ~ O ~ c __ ydo , V ~ ' p e. c d - 30N3Atl M021iNi N = ~ .` I ~~~ U ~ - -_ ~ i I 11 11111 ~ ~ \ T° a ® ~a F " ~ ~ ~ ~ ~~ ~m ~- % w ~ ~ ~ __ ~;-~ - w ,_ , - -_ -_~_ , , c~ ~ ~ ~` ~ ~~ ~ i I ° ~~ T ~~ ~~ ~ ~ / me ~ E~ °w~ 3 r -- , _ r 3 f ` m . ~ „- suawe~au~ i rl `t, suery~ C ~yF L J - ~ E LL ~ p W K Attachment 2 To Report PSD-017-10 AMENDMENT NO._ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official-Plan is to permit seasonal agri-tourism uses such as farm and horticultural tours; educational and service club events; and, charity and social events as secondary use to the nursery farm operation on the' subject property at 3745 Highway #2, Newcastle Village. LOCATION: The subject site is located within part of Lot 24, Concession 1, Former Township of Clarke within the Municipality of Clarington. BASIS: This amendment is based on the resolution of the t3eneral Purpose and Administration Committee on with respect to Official Plan Amendment Application ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended by adding a new policy to Section 23.14 EXCEPTIONS as follows: "23.14 _ Notwithstanding Section 13.3.2 and any other provisions of this Plan, seasonal agri-tourism uses including farm and horticultural tours; educational and service; club events; and, charity and social events shall be permitted as secondary use to the nursery farm operation on those lands identified by Assessment Roll Number _ located in Part of Lot 24, Concession 1, Former Township of Clarke having a municipal address of 3745 Highway 2, Newcastle. " IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment.