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HomeMy WebLinkAboutPSD-055-15 C14 0 armgton Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: October 26, 2015 Report Number: PSD-055-15 Resolution Number: 50-1� File Number: COPA2015-0005 and ZBA2015-0015 By-law Number: Report Subject: Applications by Deborah and Oswin Mathias to permit special events, farm tours and meat processing and sales on an agricultural property Recommendations: 1. That Report PSD-055-15 be received; 2. That the proposed applications to amend the Clarington Official Plan and Zoning By-law by Deborah and Oswin Mathias continue to be processed including the preparation of a subsequent report; and 3. That all interested parties listed in Report PSD-055-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-055-15 Page 2 Report Overview Clark Consulting Services, on behalf of Deborah and Oswin Mathias, have submitted applications to amend the Clarington Official Plan and Zoning By-law to permit agri-tourism uses including special events for up to 233 patrons, farm tours and the processing and sale of meat on a 40 acre agricultural property located at 3582 Morgans Road, Clarke. The applicant intends on utilizing three existing farm buildings with no new buildings proposed. 1 . Application Details 1.1. Owner: Deborah and Oswin Mathias 1.2. Applicant: Clark Consulting Services 1.3 Proposal The applicant is proposing to establish farm-related agri-tourism uses as follows: • Special events including weddings and family celebrations accommodating up to 233 patrons in a designated outdoor event area • Processing of meat raised on-site (meat smoking, barbeque, sausage making) and the sale of meat products • Educational farm tours including sheep shearing, wagon rides and hand feeding Iambs The applicant is proposing to use 3 existing buildings for a meat preparation and sales area, a covered event building and a service building within a designated 1.6 acre area on the 40 acre property. No new buildings are currently proposed. 1.4 Area: 16.2 hectares 1.5 Location: Part Lot 17, Concession 3, Former Township of Clarke 3582 Morgans Road, Clarke 2. Background 2.1 On August 7, 2015, the applicant submitted the above referenced rezoning for an existing agricultural property in the former Township of Clarke. On September 3, 2015, the applicant revised the application to include a Clarington Official Plan Amendment application. 2.2 The property is currently being farmed by the owners Deborah and Oswin Mathias who also reside in the dwelling on the property. The owners have retired from running a previous business and have been registered farmers for the past 8 years. The current agricultural use involves the raising of pasture-based livestock including cattle, hogs, lamb and poultry. Municipality of Clarington Report PSD-055-15 Page 3 2.3 The owners and their consultant met with staff for a pre-consultation meeting in April 2015 to discuss the necessary applications for the proposed use. r K Subject Property b -Y r � r Outd00 t Event r ,t• Area Covered Even!"Building E r n �.� X Service Bm!dmg LJ� 0 1 Stacked on larking araa — j Pasture �4 /. _ �,•,. A BSales re,s'HOme - a >.r 1 fr �iis t +� 14 Aft'�:rTM�' AM S' '�•:y' - ZBA 2015-0015 Figure 1: Site Location and Proposed Site Plan 2.4 The following documents were submitted in support of the applications. These reports will be reviewed in the subsequent staff report: • A conceptual site plan (Figure 1) • Planning Justification Report, which includes an assessment of Sight Distance at the Entrance and a Hydrological Assessment • Archaeological Assessment Municipality of Clarington Report PSD-055-15 Page 4 2.5 A Site Plan Approval application has not yet been submitted but will be required should the subject applications be approved. 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are 16 hectares (40 acres) in area with approximately 10 hectares (25 acres) being tillable lands that are used for growing hay, pasture and for housing farm animals. The northern portion of the lands include approximately 6 hectares of forested land including the Graham Creek which bisects the northern area of the subject site and is unusable for farming. There is a stocked pond on the east side of the property (see Figure 1). In addition to the single-detached dwelling, there is detached garage, a barn, a fabric coverall building and a small accessory shed (see Figure 2 — 4 below). Figure 2: Photograph of subject lands with barn, looking east towards Morgans Road .y�� t•Y���J� ,- ��,- .cam�� Figure 3: Photograph of proposed outdoor event area Municipality of Clarington Report PSD-055-15 Page 5 Figure 4: Photograph of existing fabric coverall building proposed for events 3.2 The surrounding uses are as follows: North - Graham Creek and extensive wooded area; existing rural residential dwelling South - Existing agricultural field and rural residential dwellings East - Gialiam Deek and wooded area, existing mial iesidential dwelling and an existing auto wrecking facility located approximately 230 metres from the site on Cowanville Road West - Existing agricultural field 4. Provincial Policy 4.1 Provincial Policy Statement The subject lands are located in the "Rural Areas" which encourages opportunities to support a diversified rural economy by promoting and protecting agricultural uses and on- farm diversified uses. "On-farm diversified uses" are defined as uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. "Agri-tourism" means those farm-related tourism uses, including limited accommodation such as bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. Municipality of Clarington Report PSD-055-15 Page 6 4.2 Greenbelt Plan The subject lands are located within the "Rural Areas" of the Greenbelt Plan. Rural Areas are typically characterized by a mixture of agricultural lands, natural features and recreational and historic rural land uses. A full range of agricultural, agricultural-related and secondary uses'are supported and permitted in rural areas. Furthermore, rural areas support and provide the primary locations for a range of recreational, tourism, institutional and resource-based commercial/industrial uses. "Secondary Uses" are defined as uses that are secondary to the principle use of the property, including but not limited to, home occupations, home industries and uses that provide value-added agricultural products from the farm operation on the property. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject lands "Major Open Space Areas" of the "Greenlands System". The predominant use of Major Open Space Areas are for conservation, and a full range of agricultural, agricultural-related and secondary uses. The establishment of agri-business may be permitted subject to the policies of the Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands as General Agricultural Areas, Environmental Protection Areas and Green Space. General Agricultural Areas are to be used predominantly for farm and farm-related uses. The proposed land uses are intended to be focused in the areas of the property that are designated as General Agricultural Areas with no land use change is proposed in the Environmental Protection Areas or Green Space. The policies of the General Agricultural Area in the current Official Plan allow for farm- related industrial/commercial uses and home industry uses which would permit the meat processing and educational farm tours. However, a special event facility would not be permitted, therefore, an amendment to the General Agricultural Area policies is required. 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)" and "Environmental Protection (EP)". The proposed land use change is intended only within the portion of the property that is zoned Agricultural. The Agricultural zone permits a single detached dwelling and non-residential uses including a farm. The proposed uses are not permitted therefore an amendment to the Agricultural zone is required. Municipality of Clarington Report PSD-055-15 Page 7 7. Public Notice and Submissions 7.1 Public notice was given by mail to each landowner within 120 metres of the subject lands. The public notices for these applications were mailed on September 18, 2015 and the appropriate signage outlining the applications was installed on the subject lands along Morgans Road. 7.2 At the time of drafting this report, Staff have received inquiries and comments from five nearby landowners by email, phone and in person. In addition, a petition from 12 nearby residents was received by staff on October 2, 2015 outlining concerns and questions regarding the proposal. Some of the neighbours have reviewed the documents submitted in support of the application. The comments and concerns are summarized below: • Concern that the processing of meat also involved the butchering of meat • The potential for overnight camping • Whether the special event site is intended to be serviced by a septic system with a fully raised tile bed or if the site would be serviced by portable washrooms. If portable washrooms would be used, if this could potentially lead to an increase in the number of guests beyond the 233 maximum proposed by the applicant • The potential for noise, traffic, light pollution, privacy of neighbours and if the applicant has given thorough consideration to identifying other potential sources of nuisances • What would the Municipality consider and constitutes "excessive traffic" as identified in the Official Plan. • Clarification in regards to the well survey conducted as part of the Hydrogeological Assessment Report conducted by Geo-logic (June 25, 2015), in particular, the purpose of the well survey and clarification of its final conclusions • The minimum acreage needed to sustain 25-30 cattle and 30-45 Iambs per year • How the special events directly relate to agriculture and how the special events are compatible with pasture-based animal husbandry • Whether the proposed land uses are in fact secondary to the primary agricultural use and how this is determined and guaranteed if the primary agricultural use ceases • Site security as well as the possibility for public intoxication of guests and its potential impact on neighbouring properties • Dangerous road conditions and visibility concerns along Morgans Road immediately north of the subject lands and whether any precautionary steps would be taken to ensure the safety of guests who are unfamiliar with the terrain. Municipality of Clarington Report PSD-055-15 Page 8 7.3 An agricultural property owner stated that their farmland is used for vegetable growing which requires the significant application of fertilizer, pesticide and herbicide especially in the early morning and evenings. The spreading of the chemicals during their application can be unpredictable due to winds which can create unpleasant odours over the subject lands and be unpleasant for guests should any proposed special event functions be taking place. 8. Agency Comments 8.1 Durham Regional Health Department The Regional Health Department have reviewed the application and requested additional information regarding: • The total daily design sewage flow for the property (and how it was calculated) • The private sewage system design (and how it was calculated) • A site plan indicating the location and design of the sewage system (septic tank and leaching bed), all structures, all surrounding well(s), bodies of water, property lines, etc. All required clearance distances from the above mentioned items and the components of the private sewage system must be indicated. These are items that are typically reviewed at the site plan stage. 8.2 To date comments have not been received from the Durham Regional Planning Department or Ganaraska Region Conservation Authority. 9. Departmental Comments 9.1 Engineering Services Engineering Services has reviewed the application and advised the existing entrance to the subject site does not have adequate stopping sight distance and cannot be utilized as a commercial entrance. The consultant who prepared the Sight Distance Review used an "object height" of an oncoming car of 1.4 metres. The Municipality has always used a more conservative object height of 0.38 metres which generally represents the height of oncoming headlights (as well as the height of tail lights in the event of the need for a sudden stop). A minimum stopping sight distance of 140 metres is required according to Transportation Association Canada Guidelines. The existing entrance has a stopping sight distance of 84 metres. Until such time as the application has been amended to provide an acceptable entrance location, Engineering Services cannot endorse the proposed change in use. Engineering Services also provided a number of comments and conditions related to Site Plan Approval, should the entrance issue be resolved. This includes typical comments regarding site alteration, grading and drainage, on-site parking, boulevard works including entrance construction and securities. Municipality of Clarington Report PSD-055-15 Page 9 9.2 Building Division The Building Division has reviewed the applications and although they have identified no objection to the principle of the proposal, they have identified a number of significant issues that will need to be addressed at the Site Plan Approval stages should the Official Plan Amendment and the Zoning By-law Amendment be approved, as follows: • A building permit or a "change of use" permit will be required before the covered event building and the meat preparation and sales building can be used for a use other than an agriculture building. The applicants designer will need to satisfy the requirements of the Ontario Building Code with respect to change of use for both buildings. • The Municipality of Clarington has a building permit application (08.0020) for a hay storage building that has never been issued and this will have to be resolved. Records show that the fabric coverall building has been constructed without a building permit and this also must be resolved. • Some of these buildings may be required to be located not less than 3 metres and not more than 15 metres from the fire access route as required in 3.2.5.5 of the Ontario Building Code. The fire access route design shall comply with 3.2.5.6 of the Ontario Building Code. Show all dimensions of the access route (fire route) on the site plan drawing. This would include the turning radius and width of the fire routes. 9.3 The Owner may have to pay the municipal, regional and both school board development charges prior to the issuance of the building permit. 9.4 Emergency and Fire Services The Emergency and Fire Services Department have no objection to the Official Plan Amendment and Zoning By-law Amendment, however, have identified issues that will need to be addressed at the Site Plan Approval stage. The covered event building may be considered an assembly building which would require an on-site water supply for firefighting. 9.5 Operations Department The Operations Department has no objection with the applications. 9.6 Accessibility Committee The Committee reviewed the submitted conceptual site plan and has offered preliminary site plan comments related to parking, washrooms and lighting. Should the applications be approved, these site plan comments will be reviewed with the applicant. 10. Discussion 10.1 The applicant is proposing to amend the Clarington Official Plan and Zoning By-law to add site specific policies and regulations to permit agri-tourism uses and meat processing and sales on an existing 40 acre agricultural property. The applicant intends on Municipality of Clarington Report PSD-055-15 Page 10 submitting a subsequent Site Plan Approval application to address details of site development should the current proposed applications be approved. 10.2 Both Provincial and Regional land use policies have evolved to permit on-farm diversified uses (including agri-tourism uses) in agricultural areas, provided that the uses are secondary to the principal agricultural use and limited in area. The uses must also be compatible with the surrounding agricultural area. 10.3 The conversion of the site from strictly an agricultural operation to the public place of assembly raises some challenges with respect to provision of a safe commercial entrance, the conversion of agricultural buildings and the provision of sanitary services, with the related costs for the proposal. 10.4 The applicant has confirmed that the subject proposal does not include the on-site slaughtering or butchering of meat or camping activities. The special events (weddings, family celebrations, etc.) and educational farm tours are proposed to occur on a seasonal basis during the spring to fall seasons and are to be restricted to a designated area entirely outside of the lands with Environmental Protection zoning. The meals for the special events will include meat that was produced on the farm as well as locally sourced produce. Additionally, the meat processing activities (meat smoking, barbeque, sausage making, and specialty cuts) are meant to be served to guests during special events and farm tours and also sold to customers on a special order basis and does not include the establishment of an on-site retail shop. 10.5 Comments provided by departments, agencies and the public will continue to be reviewed and addressed by the applicant and their consultants as they are received. 11 . Concurrence Not applicable. 12. Conclusion 12.1 The purpose of this report is to provide background information on the applications and provide opportunity for the public to address Committee with comments related to the applications. Staff will continue processing the application including the preparation of a subsequent report. 13. Strategic Plan Application Not applicable. Municipality of Clarington Report PSD-055-15 Page 11 f Submitted by: �.�-' '` ` `° Reviewed by: David J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: David Addington, Planner, 905-623-3379 ext. 2419 or daddington(�clarington.net The following is a list of the interested parties to be notified of Council's decision: Robert K. Clark Norma Dumouchel Deborah Mathias Gordon Werry Oswin Mathias Pamela Werry Philip Ngai Ted Meszaros Steven Weykamp Beth Meszaros Annette Weykamp Vincent Vanstone Lou Speziale Shirley Vanstone Marie Speziale Joe Mendonca Eric Leeuwner DA/CP/av/df