HomeMy WebLinkAboutPSD-101-10Clarin n
Leading theWay~ .REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 13, 2010 Resolution #: (j~-'S`Sa~/O By-law #: ~/0-//6
Report #: PSD-101-10
File #: ZBA 2010-0012
Subject: APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT
APPLICANTS: HENK AND LISA MOLDERS
DATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-101-10 be received;
THAT the application for a Zoning By-law Amendment submitted by Henk and Lisa
Mulders be approved and the by-law as contained in Attachment 4 of Report PSD-101-
10 be adopted;
THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation (MPAC) be forwarded a copy of Report PSD-101-10 and Council's
decision; and
4. THAT all interested parties listed in Report PSD-101-10 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by: ~/ ~~^"~ ~ (g~~-
y Lan a' , FCSLA, MCIP Franklin Wu
cf g Directo ,Planning Services Chief Administrative Officer
MH/CP/df
26 August 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-101-10 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%, in order 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 Clarington 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 On May 19, 201 D, the Owners submitted the necessary rezoning application in order to
expand their existing greenhouse operation and a public meeting was held on July 5,
2010. No one spoke in opposition and the application was referred back to Staff to
afford Staff additional time to review and process the rezoning application. The Owners
have submitted the necessary application for consent to the Durham Region Land
Division Committee, which is scheduled to be heard on September 13, 2010.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The applicant owns two adjacent parcels located at the southwest corner of Bragg Roac
and Concession Road 4, in Darlington. The first 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 second parcel is 10 hectares in area with a 503 metre frontage on Bragg Road.
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 following table:
REPORT NO.: PSD-101-10 PAGE 3
Table 1: Existin and Pro osed Land Characteristics
Lot Area 2 ha 4 ha
Fronta a 100 m 200 m
Lot Covera e a ricultural buildin s 46.25% 57%
# Dwellin s 1 2
Floor Area
a ricultural buildin s 9,250 m2 22,870 m2
Residential/ Residential/
Use A ricultural A ricultural
Lot Area 10 ha 8 ha
Fronta a 503 m 403 m
Lot Covera e a ricultural buildin s 0 0
# Dwellin s 1 p
Floor Area
a ricultural buildin s 0 0
Residential/
Use Agricultural Agricultural
(please refer to Attachment 3 when reading the above table)
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).
rom
Concession Road 4 and neighbouring property, looking west
REPORT NO.: PSD-101-10
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
PAGE 4
neighbouring property to the west, looking south
Photo #3: Existing farm help dwelling on adjacent property to
the south (also owned by applicant)
REPORT NO.: PSD-101-10
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS1
PAGE 5
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 agricultui-al 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.
4.3 Provincial Growth Plan
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
REPORT NO.: PSD-101-10
PAGE 6
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 (see Staff comments, Section 9.0 for further discussion).
7.0 PUBLIC SUBMISSIONS
7.1 Staff received one •(1) written submission from a neighbouring property owner, who
wanted to notify Council of their full support of the proposed greenhouse expansion, and
rezoning application. No public submissions were received by Staff in opposition to the
application.
7.2 A public meeting was held on July 5, 2010 and no one spoke in opposition to the
proposed Zoning By-law Amendment application.
8.0 AGENCY COMMENTS
8.1 The application for Zoning By-law Amendment was circulated to a number of agencies
for comment, and all agency comments have been received at this time. 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.
REPORT NO.: PSD-101-10
PAGE 7
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.
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 in accordance with Zoning By-law
84-63. The general intent of this zoning provision 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 for separate
accommodations for farm employees.
It has become evident that the current greenhouse operation warrants additional
employment and would benefit from having separate living accommodations for its farm
employees based on the following:
The applicant has already invested in erecting a bunkhouse dwelling and
separate private services on the adjacent property, where his farm employees
have been residing;
REPORT NO.: PSD-101-10
PAGE 8
• Greenhouse operations are labour intensive, and require daily attention;
• The existing greenhouse operation operates for approximately 10 months of the
year; and
if the proposed Zoning By-law Amendment is approved, the operation would
potentially double in size, and require an even greater amount of year-round 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 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. They have stated that 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 of a farmer's rights under the FFPPA, 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 setback between the greenhouses and 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 and 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. Ih consultation with
the Central Lake Ontario Conservation Authority, it was determined that the nature of
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.
9.5 The proposed Zoning By-law Amendment is consistent with all Provincial and Regional
policy. The Owner has illustrated to Staff that the viability of their greenhouse business
depends on the ability to accommodate year-round farm employees and also to have
the ability to expand their operation as the market dictates. The proposed Zoning By-law
Amendment (Attachment 4) has been drafted to allow for a total lot coverage of 57% of
the newly proposed lot size, for greenhouse buildings only. Therefore, if a future owner
of the property wishes to change the farming operation from greenhouse to crop or
livestock, the farmer will not be permitted to construct a farm implement shed or
REPORT NO.: PSD-101-10
PAGE 9
livestock facility with 57% coverage; they will be required to comply with the maximum
permitted 5% coverage. The proposed amendment does not reduce the minimum
required setbacks for agricultural uses, and therefore the proposed greenhouse
expansion will continue to be required to maintain a minimum 15 metre setback from all
property lines. This will ensure proper separation of uses and will also provide an
appropriate amount of land to ensure proper water infiltration and drainage is
maintained following the greenhouse expansion.
9.6 Taxes for the subject property are paid in full.
10.0 CONCLUSION
10.1 In consideration of the comments contained in this report, staff recommends that the
application for Zoning By-law Amendment as contained in Attachment 4, be approved.
Staff Contact: Meaghan Harrington
Attachments:
Attachment 1 - Property Location Map
Attachment 2 - Explanatory Letter (prepared by Owner/Applicant)
Attachment 3 - Proposed Lot Boundary Adjustment
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Henk & Lisa Mulders
Michael & Barbara Earle
Attachment 1
To Report PSD-101-10
.it
To Whom it may concern,
Attachment 2
To Report PSD-101-10
May 16, 2010
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 (5) 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 //
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Attachment 3
To Report PSD-101-10
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N0.2010-
Attachment 4
To Report PSD-101-10
being a By-law to amend By-law 84-63, 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 2010-0012;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS -AGRICULTURAL (A) ZONE" is hereby
amended by adding a new Special Exception Zone as follows:
"SECTION 6.4.26 AGRICULTURAL EXCEPTION (A-26) ZONE
Notwithstanding Sections 6.1 a. and 6.3 a., d., those lands zoned A-26 on the
Schedules to this By-law may, in addition to other uses permitted in the
`Agricultural (A)" Zone, be used for one (1) additional single detached dwelling
provided that such dwelling is accessory to a farm operation on the subject lot
and is used only by persons employed on the lot. Those lands zoned A-26 on the
Schedules to this By-law are subject to the following special regulations:
a. Lot Area (minimum) 4 hectares
b. Regulations for Non-residential Uses:
i) Lot Coverage (maximum) for Greenhouses 57%"
2. Schedule '1' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A) Zone" to "Agricultural Exception (A-26) Zone',
as illustrated on the attached Schedule `A' hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of 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
BY-LAW read a third time and finally passed this
2010
day of 2070
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010- ,
passed this day of , .2010 A.D.
CONCESSION ROAD4
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® Zoning Change From "A" To
®Zoning To Remain "A"
Jim Abernethy, Mayor N
"A-26"
Patti L. Barrie, Municipal Clerk
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