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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 // ~, G6~~~ ~~ Attachment 3 To Report PSD-101-10 X'aJ KCON.WLS 5E'~'CcN CJI:EaSI'Jk ? ,} 4 ~,.~,m.~ I~1' 1 f ~ ! R ~`" f ~ 'a e o..a, a«. a,.q........a ~.~ .y B ~~~ ~~~ ~ ~~ ~~ I i ~, ~~ ~~ I ~~ ~~~, I W,~» ~~~J ----L------------~.; a ~~"' . ..~...._ ~! :o~M r~~~ av= I_ ~ o r 3 _ s£G f~p1M< H ac+xausE YE nmm N.T Of LOT 3 mncsan a ~z~ q - 't'°~ (~JNERL~ -OM911~ CF DnL~61Oni HLNICIPILIiY 0= CLNiING ON fl ~sci~uL uuuciw~tr of uf.m `@ ,i ®" ?i I ~C ~ -§~ I ..ems ° ~~, COw L£S`S10N ~ ~ N3 ~ ~ ,I - z .. ~ ~ ~ ~ - ~: \ Y +~ ff~ ' .6 I~ ~~~ ~ ~,e 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 K Q~ C 0 ® Zoning Change From "A" To ®Zoning To Remain "A" Jim Abernethy, Mayor N "A-26" Patti L. Barrie, Municipal Clerk ~I ~~ N Ill y- CDNCEB&ON ROAO• __J r --- I O --r- DARLIN GTON zeA zoto-0mz SDREDULEI