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HomeMy WebLinkAboutPSD-041-10~~"~~~ REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2010 Resolution#: ~1~A' X9-/0 By-law #: ~CJ~0-030 aovo-o a/ Report #: PSD-041-10 File #: COPA 2009-0004 and ZBA 2009-0017 Subject: APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT AGRI-TOURISM AS AN ACCESSORY USE TO A 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-041-10 be received; 2. THAT Official Plan Amendment No. 72 as contained in Attachment 2 of PSD-041-10 be adopted and that the necessary by-law be passed; 3. THAT the application for a Zoning By-law Amendment submitted by Nancy Mallette as contained in Attachment 3 of PSD-041-10 be approved; 4. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-041-10 and Council's decision; and 5. THAT all interested parties listed in Report PSD-041-10 and any delegations be advised of Council's decision. Submitted by: e Lag aid, FCSLA, MCIP cting-Director, Planning Services 1~ - n~ _ Reviewed by: ~) ( ~ ~i. Franklin Wu Chief Administrative Officer M H/ah/df 23 March 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-041-10 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Nancy Mallette PAGE 2 1.2 Proposal: To amend the Clarington Official Plan and Zoning By-law to permit agri-tourism as an accessory use to a farm operation. 1.3 Area: 16 hectares 1.4 Location: 3745 Highway 2, Clarke, Part Lot 24, Concession 1, Former Township of Clarke (see Attachment 1 -Property location map) 2.0 BACKGROUND 2.1 On December 18, 2009, applications to amend the Clarington Official Plan and Zoning By-law submitted by Nancy Mallette, were deemed complete. The applications are to permit agri-tourism events, within a tent structure, as an accessory use to the existing nursery/garden farm operation. The applicant's intent is to host farm and horticultural tours, educational sessions and social events such as charity events and weddings. A separate washroom building and private septic system is also being proposed. During early spring, the tent will be used for the propagation of plants. 2.2 A public meeting for the proposed Official Plan amendment and rezoning was held on February 1, 2010. No one appeared in opposition to the applications and no concerns were raised by the general public. A number of agency comments were outstanding at the time the public meeting report was written, and Committee and Council approved a recommendation for Staff to continue to process both applications. All outstanding agency comments have now been received. 2.3 On February 9, 2010, an application for Site Plan Approval was submitted by Nancy Mallette. A Best Management Practice guide was prepared as part of the submission to address potential noise concerns related to the proposed use. The site plan application continues to be reviewed by Staff. 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. 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 frame is erected. The remaining 10 hectares of land, approximately, is clear of buildings or structures. Currently there are two large ponds located at the north end of the property separating the existing REPORT NO.: PSD-041-10 PAGE 3 buildings and uses from Highway 2, as well as a watercourse tributary to Graham Creek. A second watercourse runs through the property, south of the location of the event tent structure and proposed washroom building. The location of the event tent is approximately 225 metres from the road allowance, and partially screened from the road by the existing agricultural buildings on the subject property. 3.2 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 Policy Statement (PPS) The PPS states that in rural areas 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. The PPS states that within Prime Agricultural Areas, a number of agricultural, secondary and agriculture-related uses and activities are permitted. Any new secondary uses shall be compatible with, and shall not hinder surrounding agricultural operations. Secondary uses are defined within the PPS as: uses 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. The applications for rezoning and Official Plan amendment to permit agri-tourism uses on the subject property are consistent with the PPS. 4.2 Greenbelt Plan The subject property is located within the "Protected Countryside Area" of the Greenbelt Plan. Within Prime agricultural areas of the "Protected Countryside Area", a full range of agricultural, agricultural-related and secondary uses are permitted. The applications to permit agri-tourism uses and activities on the subject property as a secondary use to the principle farm operation are in conformity with the policies of the Greenbelt Plan 2005. 4.3 Provincial Growth Plan The subject lands are within the "Greenbelt Area" in the Growth Plan for the Greater Golden Horseshoe. Lands within the "Greenbelt Area" are subject to the policies of the Greenbelt Plan. REPORT NO.: PSD-041-10 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan (DROP) PAGE 4 The subject lands are designated "Prime Agricultural Areas" within. the DROP. The Prime Agricultural Area policies permit a number of uses accessory to a principal agricultural use including small scale uses secondary to an agricultural use, that produce value-added agricultural products. These uses may include agri-tourism uses such as bed and breakfast establishments, farm vacation homes and farm tours provided that such uses are directly related to, or exclusively devoted to the existing farm operation. Municipal Official Plans shall include detailed policies to limit the scale and number of secondary agricultural uses and include policies to address compatibility with surrounding uses. Severances for accessory and secondary agricultural uses shall not be granted. The proposed agri-tourism uses and activities are permitted within the Prime Agricultural Areas of the DROP. 5.2 Clarington Official Plan The subject lands are designated "Prime Agricultural Area" within the Clarington Official Plan. Prime Agricultural Areas shall only be used 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. The proposed agri-tourism uses and activities are not permitted within Prime Agricultural Areas. Currently, the Clarington Official Plan does not acknowledge or define secondary agricultural uses that produce value-added agricultural products, such as agri-tourism uses and activities. A comprehensive review of the Clarington Official Plan is currently underway, where the policies which regulate agricultural areas within Clarington will be revisited and redefined to be in conformity with the Provincial Greenbelt Plan and the Durham Regional Official Plan. Part of the review will consider policies for agri-tourism and other uses consistent with the protection of the agricultural base within Clarington. 6.0 ZONING BY-LAW 6.1 Within Zoning By-law 84-63, the subject lands are zoned "Agricultural Exception (A-1)" Permitted uses in an "A-1"zone include uses such as a farm, a single detached dwelling, conservation and forestry. The proposed agri-tourism uses and activities are not permitted within the "A-1"zone. The application to amend the Zoning By-law will rezone the lands to permit the proposed agri-tourism uses as an accessory use to the principal farm operation. REPORT NO.: PSD-041-10 PAGE 5 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Planning Rationale Regort A Planning Rationale report was submitted in support of the proposed Official Plan and Zoning By-law amendments. The following arguments were made: • 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; • Hosting agri-tourism events on-site will provide exposure to the principal farm operation, and more generally, the "rural farm experience'; • The proposed secondary use of the property provides value added products and income to support the existing farm operation; • The location of the tent is well away from adjacent properties and dwellings; and • 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 SUBMISSIONS 8.1 A public meeting was held on February 1, 2010 and notice was given by mail to each landowner within 120 metres of the subject site. No objections were made at the public meeting and no public submissions or inquiries made on the proposed applications. 9.0 AGENCY COMMENTS 9.1 All outstanding agency comments have been received at this time. Clarington Engineering Services Department, Building Division, Emergency Services and Ganaraska Region Conservation Authority have no objections provided that they are given a chance to comment on the site plan application. 9.2 The Durham Region Works Department confirmed that a road widening dedication will not be required at this time, and. no Regional road or entrance improvements will be required. 9.3 The Durham Region Health Department will review the engineer designed sewage system during the site plan approval process. 9.4 The Durham Region Planning Department informed staff that archaeological potential has been identified on the subject lands. The applicant was asked to engage a qualified professional to carry out, to the satisfaction of the Ministry of Culture, an archaeological assessment and mitigate impacts to any significant archaeological resources found. The applicant was successful in providing the Region with sufficient evidence to illustrate that there were no archaeological resources on site and therefore no mitigation measures would be necessary. REPORT NO.: PSD-041-10 PAGE 6 In addition, the Durham Region Planning Department has informed Staff that the proposal conforms to the Durham Regional Official Plan and is consistent with Provincial Policy. The Clarington Official Plan and Zoning By-law amendments have no significant Regional or Provincial concerns and therefore are exempt from Regional Approval. 10.0 STAFF COMMENTS 10.1 The concept of value-added agriculture and agri-tourism is a fairly new concept for many. municipalities, including Clarington. For years the familiar approach to protecting prime agricultural lands was to strictly limit the minimum size of an agricultural property and the number and type of uses permitted on a property; these uses are typically described as normal farm practices including the growing of crops, raising of livestock, etc. In more recent years however, it has been determined that municipalities must not only protect the physical characteristics of the soils in prime agricultural areas, we must also protect the economic viability of our local farm operations. Value-added agriculture, which includes agri-tourism uses, is seen as a way to add value to a farm operation in a number of ways, including: providing a supplement income and reducing the farmers' economic risk, providing opportunity for farmers to sell directly into the retail market, educating the non-farm population about farming and allowing the farmer to increase brand recognition by promoting and marketing their own agricultural products. 10.2 In 2005, Council adopted Zoning By-law 2005-109 which regulates the lands within the Oak Ridges Moraine Conservation Area, in compliance with the Oak Ridges Moraine Conservation Plan, 2002. Within Zoning By-law 2005-109, the term "agri-tourism" is defined; it is not however, listed as a permitted use within an Agricultural Zone. "Agri- tourism" is defined as: "Shall mean an agricultural establishment that provides a service to promote and educate the public about farming and agricultural activities. An agri-tourism use shall be located on the same lot as a farm. An agri-tourism use may include a farm produce outlet. Agri-tourism may include the following uses: corn or hay maze; petting zoo; hay rides; sleigh rides; buggy or carriage rides; seasonal activities/events related to the farm and farm tours, but shall not include: restaurant, amusement park, special event, overnight camping or motorized recreational competition with the exception of tractor pulls." Although similar to the definition within Zoning By-law 2005-109, the proposed definition of agri-tourism within the "A-84" zone in Attachment 3 is unique in that it has been written to exclusively acknowledge and permit the type of agri-tourism uses which are being proposed by the applicant, and eliminates many other activities and uses which are included in the Zoning By-law 2005-109 definition. It is important to note that the definition used within the proposed "A-84" zone will be applicable to the subject lands only, and it is possible that a broader definition for agri-tourism will come forward as a result of the comprehensive review of the Clarington Official Plan policies relating to Agricultural Areas. REPORT NO.: PSD-041-10 PAGE 7 10.3 In light of the ongoing review of the Official Plan policies which regulate agricultural areas within Clarington, the Agricultural Advisory Committee of Clarington was asked to comment on the idea of permitting agri-tourism uses as an accessory use to a farm operation in Prime Agricultural Areas. The overall consensus from the Committee was that although they support the idea of allowing agri-tourism uses within Clarington, staff should continue to recognize that what is truly worth protecting is the resource itself (the soil) and its production potential. Any land use that may have a negative impact on the quality of the soil should not be permitted 'as of right', and any agri-tourism uses shall be limited in scale to ensure the farm operation remains the primary use of the property. 10.4 The proposed agri-tourism uses, which include educational farm tours, charity events and wedding receptions, will serve as an accessory use to the existing garden nursery farm operation. It can be argued that by permitting farm tours and special events to occur on site, we are providing opportunity for public exposure to the primary farm operation, thereby adding value to the product (garden nursery products) which is being grown and offered for sale on site. The applicant also suggests that the multiple events that are to be held on site, will have opportunity to take advantage of the products grown on site for the use of centrepieces, bouquets, tent decorations and photography. With adequate mitigation measures in place, the proposed agri-tourism use meets Provincial/Regional policies which allow for agricultural-related uses and. secondary uses to the primary farm operation, that produce value-added agricultural products. 10.5 It is acknowledged that the proposed agri-tourism uses and activities must be limited in scale to limit potential impacts relating to traffic, noise and the privacy of neighbouring properties. The proposed Official Plan amendment addresses the need for limiting agri- tourism uses, and ensuring that the impacts on surrounding properties are mitigated wherever possible. The applicant will also require site plan approval, it is through this process where Staff will review the proposed development and ensure that parking areas are well screened, noise is to be limited as much as possible and regularly monitored, the floor area used for agri-tourism uses is limited and the uses must always be secondary and accessory to the primary agricultural use of the property. 10.6 An agricultural exception zone (A-84) has been drafted to include a maximum floor area and minimum side yard setbacks. By limiting the floor area for agri-tourism uses, we are ensuring that there will be an adequate supply of parking on-site when an event is held and that the agri-tourism use will not expand in the future and will remain of a size to be considered secondary to the farm use. The "A-&4" zone will only permit agri-tourism uses as an accessory use to a farm operation. This shall mean that if the primary farm operation were to ever cease, the agri-tourism uses must also cease operation. The minimum required side yard setback of 65 metres will provide a level of protection to surrounding properties from potential noise or light related to an event held on site. 10.7 Taxes for the subject property are paid in full. REPORT NO.: PSD-041-10 11.0 CONCLUSION PAGE 8 11.1 Inconsideration of the comments contained in the report, Staff recommends that the application for Official Plan amendment and Zoning By-law amendment as contained in Attachments 2 and 3 respectively be approved. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Property Location Map Attachment 2 - Official Plan Amendment and Adopting By-law Attachment 3 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Nancy Mallette Attachmentl To Report PSD-041-10 ~~ a Y C 'O ~ A OtlOa NOSN3Nd315 d C C d U a ~ i d w 3N A ~ 'aG O E y G a d p A o J ~ ~ N T Q ~ 2 m 01 Q O ado N C V w a anrvanv MOaatld C N C O ' ~ U I ~' i I o g , ~ g w ~ ~ v w a ~ ~ " ~ " ~~ ~ " , l~'a l W ` ~ ~; ~ w "m f I \ ~ _ _ i i ~'~ ' ~ ~ ~~ _ ~ - --- - i '-, \~ ~ 1 i E (~1 >, ~~ ~` ~ ~ ~ ~ i ~\ \ i ~~ l "~i ~ ~ a d ~ 3 3 ~~~ ~ $ ~ Pr. / awe ' ~ rn ~~ ~ ~ i ~ ~ 1 y + w~ / ~ r w3 ~ f m ~F \\` ~ . suewa'J 6ws~x3 11 Z.¢m N i `l, suewa~ gw~~ C---J r ~ rn F 7 ^ S ~ s E , y w" Attachment 2 To Report PSD-041-10 AMENDMENT NO. 72 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit agri-tourism uses as an accessory use to a farm operation on the subject property, municipally known as 3745 Highway 2, Clarke. BASIS: The amendment is based on an application submitted by Nancy Mallette to permit agri-tourism uses as an accessory use to a farm operation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Exceptions, Section 23.14 as follows: " 23.14.10 Notwithstanding Section 13.3.2, agri-tourism uses shall be permitted as an accessory use to a farm operation on the subject property identified by assessment roll 1817- 030-020-12450 and municipally known as 3745 Highway 2, subject to Site Plan Control. Before an agri-tourism use shall be permitted, it must satisfy all of the following criteria: i) The use is small in scale and clearly associated with a farm operation on the subject property; ii) The proposed use shall not have a negative impact on the enjoyment and privacy of neighbouring properties; iii) Adequate on-site parking area is provided for the use; iv) .The proposed access to the site will not cause a traffic hazard; v) Measures are in place to mitigate rioise levels wherever possible; and vi) The proposed use can be serviced with appropriate water and wastewater systems. For the purpose of this amendment, agri-tourism shall be defined as: Agri-tourism -means an activity or use which is small in scale, which promotes and educates public about farming and agricultural activities, and is directly related to the farm operation. Such uses may include farm tours, seasonal festivals and social events (charity events and wedding receptions) that benefit from the farm/rural setting." IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the 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. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No.72 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the .Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan by adding a new policy to section 23.14 to permit agri-tourism uses as an accessory use to a farm operation: NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 72 to the Clarington Official Plan being the attached Explanatory Text and Map is hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2D10 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 3 To Report PSD-041-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 54-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 for ZBA 2009-0017; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 6.4 "SPECIAL EXCEPTIONS -AGRICULTURAL (A) ZONE" is hereby amended by adding a new "Agricultural Exception (A-84) Zone' as follows: "6.4.84 AGRICULTURAL EXCEPTION (A-84) ZONE Notwithstanding Sections 6.1 and 6.3 c., those lands zoned "A-84" on the schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for agri-tourism subject to the following zone regulations: a. Definitions: Agri-tourism Shall mean an activity or use that is accessory to a farm operation, and which promotes and educates the public about farming and agricultural activities. Such activities shall have a direct relationship to the agricultural activities on the farm, and may include farm/educational tours, observation and participation in agricultural activities. It may also include seasonal festivals and social events (charity events and wedding receptions) that benefit from the farmlrural setting. b. Regulations for Agri-tourism Uses: i) Total Floor Area (maximum) 375 mz ii) Interior Side yard Setback (minimum) 65 m" 2. Schedule "2A" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-84) Zone" as illustrated on the attached Schedule "A" hereto 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 24 (2) and Section 34 of the Planning Act. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- I passed this day of , 2010 A.D.