HomeMy WebLinkAboutPSD-083-10~Iarington
Leadiag the Way
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: July 5, 2010 Resolution #: 6PR-324-/o By-law #: N/A
Report #: PSD-083-10 File #: ZBA 2010-0012
Subject: APPLICATION TO AMEND ZONING BY-LAW 84-83 TO FACILITATE A LOT
BOUNDARY ADJUSTMENT AND TO PERMIT A GREENHOUSE EXPANSION
BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR
AGRICULTURAL BUILDINGS FROM 46.25% TO 57% IN ADDITION TO
PERMITTING A SECOND DWELLING FOR FARM EMPLOYEE USE ONLY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-083-10 be received;
3. THAT Staff continue processing the application to amend Zoning By-law 84-63; and
4. THAT all interested parties listed in Report PSD-083-10 and any delegations be advised
of Council's decision.
Submitted by: ,GU
La gm , FCSLA, MCIP
ing Director, Planning Services
MH/CP/df
23 June 2010
Reviewed by:~~'~"'-' ~
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-083-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Henk and Lisa Mulders
1.2 Proposal: To increase the lot area of the subject site from 2.02 ha to 4.04 ha;
to expand an existing greenhouse building by increasing the
maximum permitted lot coverage for agricultural buildings from
46.25% to 57%; and to permit a second dwelling for the use of
persons employed on the farm only.
1.3 Area: Existing: 2.02 ha
Proposed:. 4.04 ha
1.4 Location: Part Lot 3, Concession 3, former Township of Darlington,
3990 Bragg Road, Darlington (Attachment 1).
2.0 BACKGROUND
2.1 The owners of the subject property have previously received approval for a number of
minor variances to increase the lot coverage for agricultural buildings from 5% to
46.25%, to facilitate the expansion of their greenhouse operation. Shortly thereafter, the
Owners constructed a dwelling on the adjacent property to the south which they also
own. The dwelling is currently being used as living accommodations for a number of
farm employees throughout the growing seasons.
2.2 On March 3, 2010, the Owners formally approached both the Regional Planning
Department and Caarington Planning Services Department with their proposal to further
expand their greenhouse operation in order to meet market demands and maintain a
viable and thriving greenhouse business.
2.3 The proposal included a lot boundary realignment which would result in two dwellings
on one lot (existing single detached dwelling, and farm help dwelling which currently
sits on property to south). The existing farm help dwelling, although used for farm
employees only, is not permitted as a second dwelling on a property less than 20 ha in
size according to the Zoning By-law regulations. The proposed "new lot", will be 4
hectares in size. Therefore, Staff discussed iwo options with the Owners:
Option #1: Realign the property boundary in such a way that the farm help dwelling
remains on a separate parcel of land (the south parcel/ retained parcel). If
this is the case, land division and minor variance applications are required
to recognize a reduced lot size and increase in lot coverage for
greenhouses at 3990 Bragg Road.
Option #2: Realign the property boundary to include the second dwelling on the
subject property for the use of farm employees only. If this is the case, a
rezoning application is required in addition to a land division application to
allow for a second dwelling for farm employees on a property less than 20
ha in area.
REPORT NO.: PSD-083-10
PAGE 3
2.4 On May 19, 2010, the Owners decided to move forward with Option #2, and submitted a
rezoning application. As part of a complete submission, the Owners prepared a letter to
describe the existing operation, and why it is imperative that room for their business to
grow (future greenhouse expansion) in addition to allowing proper accommodations for
farm employees from out of country (Attachment 2). If the subject application is
successful, the Owners will submit the necessary land division application to create the
proposed lot addition following the approval of the Zoning By-law Amendment.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is located at the southwest corner of Bragg Road and Concession
Road 4, in Darlington. The existing property is 2 hectares in size and has a lot frontage
of 100 metres along Bragg Road, and 403 metres along Concession Road 4. The
surrounding properties range in size from 0.4 hectares to 70 hectares and many of
these properties are actively farmed. The existing and proposed land characteristics for
the subject property and the other lands owned by the applicant to the south are listed
in the table below:
(please refer to Attachment 3 when reading the above table)
REPORT NO.: PSD-083-10
PAGE 4
The following photographs were taken on June 11, 2010 to document existing site
characteristics and uses. Mature coniferous vegetation was present along the north,
and east property boundaries which provided natural screening between the
greenhouses and the public roads and neighbouring properties. Vegetative screening
was also present along part of the west property boundary (Photo #2).
Concession Road 4 and neighbouring property, looking west
neighbouring property to the west, looking south
REPORT NO.: PSD-083-10 PAGE 5
Photo #3: Existing farm help dwelling on
the south (also owned by at
3.2 The surrounding uses are as follows:
North -Agriculture/Rural residential
South -Agriculture (other lands owned by applicant)
East -Agriculture
West -Agriculture/Rural residential
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The PPS states that Prime Agricultural Areas are areas where prime agricultural lands
predominate. They shall be protected for long-term use for agriculture and permitted
uses include agriculture, secondary uses and agriculture-related uses.
The subject property, although not designated Prime Agricultural Areas, is in an area of
the Municipality where prime agricultural lands predominate, and is consistent with the
principles of the PPS.
4.2 Greenbelt Plan
The subject lands are within the rural area of the Protected Countryside Area in the
Greenbelt Plan. Within rural areas, agricultural, agriculture-related and secondary uses
are permitted. The Greenbelt Plan indicates that minor lot adjustments or boundary
additions are permitted, provided they do not create a separate lot for a residential
dwelling in prime agriculture areas, and there is no increased fragmentation of a key
natural heritage feature. The subject application will not result in a separate lot for a
residential dwelling, and therefore is consistent with the policies of the Greenbelt Plan.
REPORT NO.: PSD-083-10
4.3 Provincial Growth Plan
PAGE 6
The subject lands are within the "Greenbelt Area" within the Growth Plan for the Greater
Golden Horseshoe. Lands within the "Greenbelt Area" are subject to the policies of the
Greenbelt Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The subject lands are designated "Major Open Space Areas" within the Durham
Regional Official Plan (DROP). Lands designated Major Open Space Areas shall be
used for conservation, and a full range of agricultural, agriculture-related and secondary
uses.
The DROP permits the establishment of a second dwelling to accommodate persons
employed full-time, where the size and nature of the operation warrants additional
employment. As the proposal maintains the agricultural use of the property, the
application conforms with the policies of the DROP.
5.2 Clarington Official Plan
The subject lands are designated "Green Space" within the Clarington Official Plan.
Green Space lands are intended to link significant components of the Municipality's
Open Space System, in addition to functioning as urban separators between the urban
areas within Clarington. Green Space lands shall be used predominantly for
conservation and recreation. However, agriculture and farm-related uses are also
permitted. The proposed uses of the subject property are in keeping with the policies of
the Clarington Official Plan.
The Clarington Official Plan states that within any agricultural designation, a second
dwelling for farm help is permitted as an accessory use to a farm operation provided the
property is a minimum 20 hectares in size. The subject property is designated Green
Space, and therefore is not subject to this policy.
6.0 ZONING BY-LAW
6.1 Within Zoning By-law 84-63, the subject property is zoned "Agricultural (A)". Within an
"A" zone, a property must have a minimum lot area of 20 hectares in order to be
permitted a second dwelling for farm employees as an accessory use to the farm
operation. In addition, lot coverage for all agricultural buildings on the subject property is
limited to 5%. The subject application seeks to rezone the lands to an appropriate
agricultural exception zone to permit the proposed lot boundary realignment and
greenhouse expansion.
NO.: PSD-083-10
7.0 PUBLIC NOTICE AND SUBMISSIONS
PAGE 7
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting sign was installed along the Concession Road 4 frontage and
along the Bragg Road frontage. No inquiries on the subject application were received at
the time this report was written.
8.0 AGENCY COMMENTS
8.1 The application for Zoning By-law Amendment was circulated to a number of agencies
for comment. The Clarington. Emergency Services Department, Clarington Engineering
Services Department, Building Division, and Clarington Operations Department had no
objections to the proposed amendment.
8.2 Central Lake Ontario Conservation Authority (CLOCA) provided the following comments
for consideration:
The soils in this area are fairly well drained and would have good opportunity for
infiltration. Therefore, provided there is sufficient area between the property.
boundary and the proposed future greenhouses to allow for infiltration of
additional flows from. increased roof area, then water quantity controls on the
property will not be required.
Any future grading associated. with the expansion of the greenhouses should be
carried out in a manner to ensure that there are no impacts to adjacent private
properties. Sediment controls should be installed to ensure that any exposed
soils are contained on site and are not transported onto adjacent private
properties.
• Permits from the Authority will not be required for the proposed future expansion
of the greenhouses.
Based on the above comments, CLOCA has no objections to the approval of the
proposed rezoning application.
8.3 The Durham Regional Health Department advised that a private water supply and
private waste disposal system is currently in place. They have no concerns with the
application.
8.4 The Durham Regional Planning Department have provided comments on the
application. They have indicated to Staff that the subject application is consistent with
all Provincial Policy, and is in keeping with Regional Official Plan policies.
REPORT NO.: PSD-083-10
PAGE 8
In addition to their written comments, the Durham Regional Planning Department had
discussions with Staff which indicated that a severance of 2 hectares of the southerly
property, to be added to the subject property, is satisfactory for the following reason: the
remaining 8 hectare parcel of land (retained lot) would provide a sufficient size to
function as a viable farm parcel;. any severance greater than 2 hectares could
potentially impact the viability of the southerly farm parcel, and therefore would not be
supported by Regional Staff.
9.0 STAFF COMMENTS
9.1 As previously discussed, farm help dwellings are restricted to farm operations on a
property having a minimum lot area of 20 hectares according to Zoning By-law 84-63.
The general intent of the Zoning By-law is to allow second dwelling units for farm help
where the farm operation is of a size that warrants additional employment, and would
benefit from having separate accommodations for its farm employees. When these
regulations were written, an assumption was made that the larger a farm parcel, the
larger the farming operation and therefore the greater the need forseparate
accommodations for farm employees.
9.2 In 1996, the Ontario Greenhouse Vegetable Growers provided staff with their comments
on a minor variance application submitted by Henk and Lisa Mulders the subject
applicant, with regards to the unique qualities of a greenhouse operation compared to
other farm operations in Ontario. They indicated that production from greenhouse
operations can be 10 times that of a field operation. This farming practice displays the
best use of farm land for food production and is particularly a good production decision
for farm land that is in high demand.
9.3 Staff are cognizant that in areas where farm businesses and residential properties are
located side-by-side, conflicts about the way a business operates may arise between
farmers and their neighbours. Some operations produce dust, noise and smells
depending on the type of farming operation. The Ontario government passed legislation,
Farming and Food Production Protection Act (FFPPA), to protect farmers from nuisance
complaints made by neighbours provided the farmer is following normal farm practices.
Regardless, the current regulations within Zoning By-law 84-63 impose minimum
setback requirements for agricultural buildings to ensure proper separation of uses is
maintained. The Owners are proposing to maintain the minimum required 15 metre
setbacks from all property lines.
9.4 The subject lands are located within the limits of the geological formation known as the
Lake Iroquois Beach. The Lake Iroquois Beach is identified as a key natural heritage
feature, for its extensive forested areas acid wildlife habitat which provides an east-west
natural corridor across the Municipality. The subject application does not seek to
remove any vegetation or forested areas, and the proposed greenhouse expansion will
maintain an approximate 300 metre separation (minimum) between the forested area of
the Lake Iroquois Beach and the proposed greenhouse expansion. In consultation with
the Central Lake Ontario Conservation Authority, it was determined that the nature of
REPORT NO.: PSd-083-10
PAGE 9
the subject application did not warrant an Environmental Impact Study, provided the
applicant committed to ensuring proper sediment controls are used during the
construction of the expanded greenhouse.
10.0 CONCLUSION
10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under
the Planning Act, and to provide an opportunity for local residents to provide comments
on the application prior to Council's decision, it is respectfully recommended that the
application to amend the Zoning By-law continue to be processed.
Staff Contact: Meaghan Harrington
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Explanatory Letter (prepared by OwnedApplicant)
Attachment 3 - Proposed Lot Boundary Adjustment
List of interested parties to be advised of Council's decision:
Henk & Lisa Mulders
Attachment 1
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Attachment 2
To Report PSD-083-10
May 16, 2010
To Whom it may concern,
RE: REQUEST FOR LOT REALIGNMENT, INCREASE IN LOT COVERAGE AND A SECOND DWELLING
FOR FARM WORK AT 3990 BRAGG ROAD
We, Lisa Mulders and myself Henk Mulders own and operate Link Greenhouses at 3990 Bragg
Rd. The main crops in our operation are Beefstake tomatoes and seedless cucumbers. In the
spring some bedding plants are grown mainly for farm gate sales.
Normally greenhouses that produce tomatoes and cucumbers ship their product to
wholesalers. Our operation is unique in that we take care of our own sales and deliveries to
local stores. The deliveries are being done twice a week with our own truck, but by doing our
own sales and deliveries it does add to the workload and therefore more reliable and skilled
employees are needed.
Currently there are five (S) fulltime employees and in the summer; four (4) migrant workers and
a few summer students are hired to meet the workload. The existing greenhouse covers about
2 acres (0.8 hectares) and is located on approximately 5 acres (2 hectares) of land. Currently the
greenhouse covers approximately 47% of the property (the 47% coverage was permitted
through a minor variance) and there is no room for future greenhouse expansion at this
location.
I do however own a 25 acre (10 hectare) parcel of land directly south of 3990 Bragg Rd.
At this moment we wish to realign the lot boundary between the two properties, roughly 350'
(106 metres) to the south in order to gain an additional 5 acres on the subject property, 3990
Bragg Rd.
Without the lot realignment no further expansion could take place at-the current location;
there is simply no room. If we were to build additional greenhouses on the southern property
(25 acres) the existing greenhouses and the new greenhouses would be separated by a
minimum 100 feet (30 metres) based on the minimum required side yard setback requirements
in the Zoning By-law for agricultural buildings. This would make for a very inefficient operation
and creates great problems when moving plants and products in the middle of winter.
Since the greenhouse operation is a very volatile industry in regards to the demand of our
product and input cost it is very possible that in order to keep the operation a viable business,
expansion of the greenhouses could be needed on very short notice.
For the hired migrant workers a bunkhouse is needed for accommodations. Within the Zoning
By-law, a bunkhouse is considered to be a dwelling and in order to put a second dwelling on a
farm property, the parcel of land upon which it is located must have a minimum lot area of 20
hectares.
If and when a lot realignment has been completed, the subject property will have grown to
approximately 10 acres (4 hectares) which is below the minimum 20 hectares to allow for a
second dwelling.
Unfortunately when the By-law was written, not enough thought was given to the smaller, high
intensive labour farm operations. In my experience, labour intensive farming is only possible.
with the help of migrant workers. Therefore it is very important, for the viability of the
operation on the subject property that a bunkhouse becomes part of the greenhouse operation
At this time some of the property to the south is already being used by Link Greenhouses,
namely for storage, driveway and the bunkhouse in question which was originally built on the
southern property due to Zoning By-law constraints which would not allow a second dwelling
on the northern property without a rezoning.
Therefore to overcome the above two problems and to make sure that Link greenhouses will be
viable in the future, an application has been made for increase in lot coverage for agricultural
buildings on the newly adjusted property to allow for greenhouse expansion, in addition
to allowing a second dwelling (bunkhouse) on the subject property to be used for farm help
only.
Henk Mulders ~J
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_ To Report PSD-083-10
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