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HomeMy WebLinkAboutPD-110-98DN: PD-110-98 Meeting: Date: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee Monday, September 21, 1998 Report #: PD-110-98 FILE #: DEV 97-055 File #-p19 ~~.~ 97.OSS- Res.#~~PA-SC~9 ~`~~ By-law # Subject: REZONING APPLICATION - MUNICIPALITY OF CLARINGTON RETAIL FARM STANDS FILE NO.: DEV 97-055 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-110-98 be received ; 2. THAT the issue of farm produce outlet be considered and reviewed within the context of the comprehensive review and drafting of the new zoning by-law for the Municipality of Clarington; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 In the late spring of 1997, the Municipality received complaints with respect to certain farm produce stands selling items not produced on the farm unit. The Owner of the retail farm stand was sent a letter in late June 1997 explaining the property is not zoned for a retail store, and that a retail farm stand can only sell items produced on the farm unit. 1.2 The issue was introduced to Council at their meeting on July 7`", 1997, at which time the following resolution was adopted: "WHEREAS several farming operations within the Municipality of Clarington have expanded their businesses to include certain uses or activities that are tourism oriented; 699u4~ REPORT NO.: PD-110-98 PAGE 2 AND WHEREAS the Zoning By-law is out dated and doesn't allow these uses and is not in conformity to the Clarington Official Plan; AND WHEREAS these businesses are considered valuable assets to the Municipality; NOW THEREFORE the Council of the Municipality of Clarington resolves: THAT Planning Staff be directed to review the subject matter and to initiate the necessary process to amend the Zoning By-law so as to expand the list of permitted uses for the agricultural businesses; and THAT the By-law Enforcement Officer be directed not to commence or continue any action against any of the agricultural businesses until or unless so directed by Council" 1.3 As a result of the Council resolution, Staff commenced a review of the zoning by- law provisions, and undertook a survey of 19 farming operations in Clarington (see attached). The farms were listed in either the "Durham Farm Fresh" guide or on record with the Municipality's and the Region's Economic Development Departments as having a 'Roadside 'Market, 'Farm Gate' or Pick-your-Own' operation. Responses were received from 16 or 84% of the farms. The survey attempted to get a clearer understanding of the following: i) type of produce and goods currently being sold from produce stands; ii) percentage of products sold which are not originally from the farm unit; iii) range of goods sold; and iv) other activities undertaken on the farm. 1.4 In addition, Staff had informal discussions with some members of the local farming community as well as hosting a meeting with a representative group of the local agricultural community to discuss the contents and regulations of a possible zoning by-law amendment. 1.5 Furthermore, several municipalities both within Durham Region, as well as within the Niagara Region were contacted to see how other Municipalities regulate farm produce stands. As well discussions were had with Staff at the Ministry of 699u49 REPORT NO.: PD-110-98 PAGE 3 Agriculture and Food, and Farm Markets Ontario. 1.6 Survey Results From the survey it was apparent that in addition to locally grown produce and value-added products produced on the farm unit (i.e. apple cider and pies of various flavours), a number of retail farm stands are selling produce not grown locally, as well as arts and crafts items purchased through wholesalers. The following provides a brief summary of some of the survey results: i) arts and crafts items were identified as being sold at almost 40% of the retail stands. Some of the art and craft items sold are produced on the farm unit, however, the majority of those selling such items have purchased them wholesale; ii) another area of interest is the amount of produce sold which is not produced on the farm unit. here again almost 40% of the respondents suggested they sell fresh produce not grown from their farm; and iii) lastly, other activities undertaken on the farm unit included school tours 60%, and festivals 38%. 2r ZONING BY-LAW POLICIES 2.1 The Municipality's current Zoning By-law 84-63, as amended, has two main agricultural zone categories; "Agricultural (A)" and "Agricultural Exception(A-1)". While the "A" zone includes 'seasonal farm produce sales outlet', as a permitted use, the "A-1" zones does not. Seasonal Farm Produce is defined in part as an outlet "operating during the harvest and selling seasons and provided that a majority of the produce offered for sale is produced from the same farm unit". Both zones include 'a farm' as a permitted use. Farm is defined in the By-law as including "retail stands for the sale of agricultural products produced on the farm unit". 2.2 There would appear to be some inconsistency between the list of permitted uses and the definition of farm. Nevertheless, the current definitions do not provide sufficient flexibility to accommodate the current nature of existing retail farm stand operations. 699050 REPORT NO.: PD-110-98 PAGE 4 3. OFFICIAL PLAN POLICIES 3.1 The policies of the Durham Regional Official Plan permit retail stands for the sale of agricultural products from the farm unit upon which the stand is to be situated within agricultural areas. Agricultural areas include lands designated Major Open Space, Oak Ridges Moraine, General Agricultural Area, Permanent Agricultural Reserve, or Permanent Agricultural Reserve subject to Section 14.3 3.2 Within the Clarington Official Plan the rural portions of the Municipality, outside of settlement areas, are designated Prime Agricultural Area, General Agricultural Area, Green Space, Prime Agricultural Area subject to Section 14.6, or Oak Ridges Maraine. 3.3 The Prime Agricultural Area policies of the Clarington Official Plan state that lands so designated shall only be used for farm and farm related uses. "Seasonal farm produce stands are permitted provided the produce is grown locally". The predominant use of land in the General Agricultural Areas shall be farm and farm- related uses. In addition, farm produce outlets are permitted subject to conditions. 3.4 The policies of both Official Plans limit the use of a farm produce stand to selling items produced from the farm unit. Furthermore, the quasi tourism aspect of the operation is not something that is considered in the Official Plan. 4 STAFF COMMENTS 4.1 The Municipality of Clarington is comprised of approximately 600 square kilometres of land area, a large portion of which is rural. Not surprisingly agricultural remains a notable part of the Municipality's economic base. As a result of the survey responses, discussions with members of the farming community, as well as casual observation of existing operations, it is apparent that retail farm 69951 REPORT NO.: PD-110-98 PAGE 5 stands, and pick-your-own operations are an important tourist activity for the Municipality. However, many of the produce stands offer a range of products, which includes produce not grown locally, as well as art and craft items purchased wholesale. 4.2 Council requested Staff initiate a review of the zoning by-law provisions dealing with farm produce stands with the intent of drafting provisions which would expand the list of permitted uses for such stands. 4.3 In preparing a zoning by-law amendment for retail farm stands as directed by Council, a balance between conformity to the Official Plan provisions and the wishes of the agricultural community must be achieved. The agricultural community would generally argue that they need the flexibility to sell produce that is not exclusively from the farm unit. Furthermore, the various festivals and quasi tourism types uses are suggested to be an important part to their operation and good for the Municipality as a whole. 4.4 The Regional Official Plan policies specifically state the produce sold at a farm produce stand is to be grown on the farm unit, and the Clarington Plan policies state the produce sold is to be grown locally. The policies are in place to ensure that agricultural lands and uses do not become retail commercial ventures, which may not be compatible with surrounding rural uses. 4.5 The notion of expanding the list of permitted uses for a produce stand is perceived by some retailers, as providing an unfair advantage to the farmer, who traditionally does not pay commercial taxes. Retail stores typically require commercially zoned property which usually has a higher land cost or rent value than agriculturally zoned land. 69952 REPORT NO.: PD-110-98 PAGE 6 4.6 The tourism aspect of the farm produce stands cannot be ignored. The various operations attract many families from neighbouring municipalities, across Durham Region and Toronto to the Municipality for the various strawberry and apple festivals, as well as Halloween, and Thanksgiving activities, in addition to the retail farm stand. However, the extent of these activities and their conformity with the Official plan policies is also questionable. 4.7 The zoning by-law amendment to expand the list of uses for farm produce stands is not in conformity with the Official Plan policies, and Staff cannot recommend an amending by-law as requested by Council. Planning Staff are currently undertaking a comprehensive review of the Municipality's Zoning By-law. The issue of retail farm stand may best be co-ordinated through that process, including a possible official plan amendment. 5. CONCULSION 5.1 The issue of retail farm stands should be referred to the Zoning By-law review process, and that appropriate provisions dealing with retail farm stands and the issues discussed in this report be contained in the provisions of the new zoning by- law. Respectfully submitted, Fra <lin Wu, .C.I.P., R.P.P. `Director of Planning & Development Reviewed by, i~G,'~t~ W.H. Stockwell, Chief Administrative Officer. CP*FW*cc 11 September 1998 Attachment No. 1 - Survey & Map 699053 REPORT NO.: PD-110-98 PAGE 7 List of persons to be notified of Committee and Council's decision: Price's Country Market & Greenhouse 2895 Highway #2 Bowmanville, Ontario L1C 3K5 Ted Watson Farms Ltd. 1583 Maple Grove Road R. R. #2 Bowmanville, Ontario L1C 3K3 Pringles Farm Market 1805 Taunton Road East Hampton, Ontario LOB 1J0 Archibald Orchards & Estate Winery 6275 Liberty Street North R. R. #5 Bowmanville, Ontario L1C 3K6 699054 FARM PRODUCE OUTLET SURVEY ATTACHMENT NO. 1 1. Do you have a retail stand Yes No a) Is your retail stand open year round Yes_ No_ b) If it is seasonal, how many months of the year is it open? months 2. Do you offer pick your own? Yes No 3. Do you sell fruits and vegetables other than those grown on your farm unit? Yes No a) If yes, what percentage of products from your farm unit? 4. Do you sell products which are .processed from the produce of your farm unit, (ie. apple cider, pies, etc.) Yes No 5. Do you sell products which are grown or produced locally (within Clarington), but not on your farm unit? Yes No Examples: 6. Do you sell arts and craft products? Yes_ No a) are they made on the farm unit? Yes_ No b) are they from local crafters? Yes_ _ No c) are they purchased wholesale? Yes No 7. Do you offer activities on-site for customers (ie. wagon rid es, mazes, etc.) Yes_ No Examples: 8. Do you host and promote weekend festivals (Strawberry, Harvesting)? Yes_ No 9. Do you host school tours? Yes_ No_ 10. 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