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HomeMy WebLinkAboutPDS-023-22Clarftwn Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 16, 2022 Report Number: PDS-023-22 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: Mary -Anne Dempster, CAO File Number: ZBA2022-0005 Resolution#: PD-055-22 Report Subject: Application for Zoning By-law Amendment to permit a special events venue and culinary -related activities as on -farm diversified uses at 3582 Morgans Road, Clarke. Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply, or request any degree of approval. Recommendations: 1. That Report PDS-023-22 and any related communication items, be received for information only; 2. That Staff receive and consider comments from the public and Council with respect to the Zoning By-law Amendment application; and 3. That all interested parties listed in Report PDS-023-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-023-22 Page 2 Report Overview The Municipality is seeking the public's input on an application for a Zoning By-law Amendment, submitted by Clark Consulting Services on, behalf of Deborah and Oswin Mathias, to permit a special events venue and culinary -related activities as on -farm diversified uses. 1. Background 1.1 Owner/Applicant 1.2 Agent: Deborah and Oswin Mathias Clark Consulting Services 1.3 Proposal: Zoning By-law Amendment To amend the "Agricultural Exception (A-91)" Zone to include a special events venue and culinary -related activities as on - farm diversified uses. • Special events would include weddings accommodating up to 150 patrons and 15 staff in a designated event space. • Culinary -related activities include uses such as cooking classes, tastings, and pairings. 1.4 Area: 16.2 Hectares (40.1 acres) 1.5 Location: Concession 3, Part Lot 17, Former Township of Clarke. 3582 Morgans Road, Clarke (See Figure 1) 1.6 Roll Number: 181703003016520 1.7 Within Built Boundary: No Municipality of Clarington Page 3 Report PDS-023-22 2. Background 2.1 The subject site was part of previous applications for Clarington Official Plan Amendment (COPA2015-0005) and Zoning By-law Amendment (2015-0015). In January 2017 Clarington Council: (1) Refused to adopt an OPA to allow a seasonal event venue as an accessory on - farm diversified use; (2) Refused to adopt an amendment to the Comprehensive Zoning By-law to permit a seasonal special event venue accessory to a farm; and (3) Adopted ZBL 2017-009 to permit meat processing accessory to a farm but not including an abattoir on the Site, to rezone a part of the Site associated with the Graham Creek valley to the EP (Environmental Protection) Zone and to apply a holding ("H") provision to the part of the Site that allows meat processing. 2.2 This Owners appealed the decision to the Local Planning Appeal Tribunal (LPAT). In July of 2018, the Tribunal Order was as follows: A. The appeal of the refusal of the OPA is dismissed; B. The zoning appeal is granted in part and ZBL 2017-009 is approved subject to a three-part modification: the addition of a regulation which caps the floor space devoted to meat processing accessory to a farm at 61 sq m, the addition of a regulation that restricts the meat processing use to meat raised on the farm, and the deletion of the Holding "H" symbol; Clarington is to modify, in a timely manner, ZBL 2017-009 in accordance with this Order and the modified ZBL 2017-009 to have an effective date coincident with the date of issuance of this Order; and C. This Member may be spoken to should any matters arise respecting the implementation of this Order. 2.3 On September 17, 2018, Council approved Resolution #PD-167-18 whereby Council enacted the Zoning By-law Amendment contained in Attachment 3 of Report PSD-070- 18 in accordance with the Order of the LPAT to establish additional regulations and remove the holding symbol for the meat processing use accessory to a farm. 2.4 Council and staff discussed the issue of on -farm special events for several months following the release of the LPAT decision. These discussions culminated in Council Resolution #C-142-19, which directed staff to work in consultation with all stakeholders and to report back with proposals to regulate on -farm special events. 2.5 Based on the guidance found in the LPAT decision, subsequent discussions with Council, and input from the public and a working group of the Agricultural Advisory Municipality of Clarington Report PDS-023-22 Page 4 Committee (AAC), Legislative Services and Planning and Development Services staff identified potential elements of a regulatory scheme for on -farm special events. Those components included a Zoning By-law Amendment, Site Plan approval, application of existing regulatory by-laws (e.g. the Noise By-law 2007-071), and the possibility of a by- law exclusively devoted to the regulation of on -farm special events. On May 25, 2021, Council enacted By -Law 2021-049 being a by-law to license on -farm special events. 2.6 On March 21, 2022, the Applicant submitted applications for Zoning By-law Amendment (ZBA2022-0005) and Site Plan Approval (SPA2022-0005). 2.7 The subject property is used for agricultural and residential purposes. The agricultural use includes raising beef, Iamb, chicken, goats, and hogs for commercial sales. Figure 1: Location Map Municipality of Clarington Page 5 Report PDS-023-22 2.8 The applicant has submitted the following studies in support of the applications: Planning Justification Report which includes a: Hydrogeological Assessment Report, Economic Impact Study, Minimum Distance Separation Assessment, Preliminary Noise Study, Sight Distance Review, Business Plan Summary, Site Screening Questionnaire, and Stage I Archaeological Assessment. 2.9 The studies are under review by departments and agencies and will be summarized in a future report. 3. Land Use Characteristics and Surrounding Uses 3.1 The subject lands are 16.2 hectares (40.1 acres) in area with approximately 10 hectares (25 acres) of tillable lands that are used for farming purposes. The northern portion of the property includes approximately 6 hectares of forested land including a tributary of Graham Creek which bisects the northern area of the subject site and is unusable for farming. On the property is a residential detached dwelling, garage, 3 barns, a cattle shelter and a cover -all (fabric covered structure) to be used as the event space (See Figures 2 - 4). Figure 2: Site Plan Sketch Municipality of Clarington Report PDS-023-22 Figure 3: Existing Coverall for Special Events Figure 4: Outdoor Ceremony Space for Special Events Page 6 Municipality of Clarington Report PDS-023-22 3.2 The surrounding uses are as follows: Page 7 North - Environmentally protected lands including Graham Creek and rural residential South - Agricultural and rural residential East - Environmentally protected lands including Graham Creek, rural residential and an auto wrecking facility (230 metres from the site) West - Agricultural 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) encourages opportunities to support a diversified rural economy by promoting and protecting agricultural uses and on -farm diversified uses. It also states that proposed agriculture -related uses and on -farm diversified uses shall be compatible with and shall not hinder surrounding agricultural operations. 4.2 On -farm diversified uses are defined as uses that are secondary to the principal agricultural use of the property, are limited in area, and include agri-tourism uses, which are defined in the PPS as those farm -related tourism uses that promote the enjoyment, education or activities related to the farm operation. Greenbelt Plan 4.3 The subject site is located within the Protected Countryside designation of the Greenbelt Plan and within the Natural Heritage System (NHS). A full range of agricultural uses, agriculture -related uses and on -farm diversified uses are permitted within rural lands. Criteria for these uses shall be based on provincial Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas. 4.4 Proposed agriculture -related uses and on -farm diversified uses shall be compatible with and not hinder surrounding agricultural operations. 5. Official Plans Durham Regional Official Plan 5.1 The Durham Regional Official Plan designates the subject lands Major Open Space Areas. The predominant use of land in the Major Open Space Areas shall be conservation, and a full range of agricultural, agricultural -related, and secondary uses. 5.2 Agri -tourism uses are permitted as secondary agricultural uses, provided such uses are directly related to, or exclusively devoted to the existing farm operation. Municipality of Clarington Page 8 Report PDS-023-22 Clarington Official Plan 5.3 The Clarington Official Plan designates most of the northern portion of the property as Environmental Protection and most of the southern portion of the property as Rural. 5.4 The subject site is within the Natural Heritage System and partially within the floodplain. Development is not permitted within a natural heritage feature or hazard. 5.5 On farm diversified uses including agri-tourism uses, are permitted in Prime Agricultural Areas and Rural Areas, subject to the provisions of the zoning by-law provided that such uses: a) Are located on a farm and are secondary to the principal agricultural use of the property; b) Are limited in area; c) Are compatible with the existing and/or designated land uses in the surrounding areas and do not generate excessive amounts of odour, traffic, and other nuisances; and d) Do not conflict with, detract, or hinder any surrounding agricultural operations from carrying on normal farm practices. 6. Zoning By-law 6.1 The southern portion of the property is zoned "Agricultural Exception (A-91)" and northern portion is zoned "Environmental Protection" in Zoning Bylaw 84-63. In addition to the Agricultural use permissions, the A-91 Zone permits meat processing accessory to a farm (through the LPAT decision), but not the special events venue or culinary - related activities. The meat processing is limited to 61 square metres and the meat to be processed must be raised on the property. 6.2 A Zoning By-law Amendment is required to permit the proposed special events venue and culinary -related activities. 7. Public Notices and Submissions 7.1 Public notice was mailed to each landowner within 300 metres of the subject lands on April 22, 2022, and a Public Meeting Sign was installed on the Morgans Road frontage of the subject site on April 24, 2022 (See Figure 5). Municipality of Clarington Report PDS-023-22 Figure 5: Public Meeting Sign Page 9 7.2 At the time of submitting this report, Staff have received two inquiries from residents. One inquiry was related to obtaining copies of the various reports and studies submitted with the application. This resident also inquired about the procedural process for public meetings including public notice. 7.3 The second inquiry was a letter in objection to the proposal. Concerns stated relate to increased traffic, noise, and a lack of lighting on Morgans Road. Concern about the safety of inebriated patrons was also noted. 8. Agency Comments Region of Durham 8.1 Comments from Durham Region Planning and Health Departments have not been received at the time of finalizing this report but will be included in a subsequent report. Ganaraska Region Conservation Authority (GRCA) 8.2 The GRCA has no concerns with the application. Municipality of Clarington Page 10 Report PDS-023-22 9. Departmental Comments Public Works Department 9.1 Public Works — Development Engineering has no objection to the application subject to conditions. 9.2 The existing entrance for the site does not meet stopping sight distance requirements as per TAC manual. The documents submitted as part of the application did not use the correct object heights for the analysis. As per the e-mail dated May 19, 2016, from Clark Consulting Services, the applicant's Engineer confirmed that a new entrance located directly across from Cowanville Road would meet the stopping sight distance requirements if the driveway way entrance was 0.10 metres above the existing edge of asphalt. The new entrance would need to be installed in the new location, to the specifications noted above as part of this application. The applicant/owner must apply for an Entrance Permit. Legislative Services — Municipal Law Enforcement 9.3 Comments from Legislative Services — Municipal Law Enforcement have not been received at the time of finalizing this report but will be included in a subsequent report. Emergency and Fires Services 9.4 Comments from Emergency and Fire Services have not been received at the time of finalizing this report but will be included in a subsequent report. 10. Discussion 10.1 The applicant is proposing to amend the Zoning By-law to add a use permission and site -specific regulations to permit a special events venue and culinary -related activities as on -farm diversified uses. 10.2 An application for site plan approval has been submitted concurrently. 10.3 The special events venue is proposed to occur on a seasonal basis and be restricted to a designated area outside of the lands zoned Environmental Protection. According to the Applicant, special events would accommodate up to 150 patrons and 15 staff in a designated outdoor ceremony area and in a coverall structure. Events would run from May to October, with 2 — 3 events per week. 10.4 Parking would be adjacent to the coverall structure and the parking area would be illuminated by solar lights. Municipality of Clarington Page 11 Report PDS-023-22 10.5 The applicant would require a On Farm Special Events Licence through Legislative Services should the Zoning By-law Amendment and Site Plan Approval applications be successful. 10.6 The Owner would be required to keep a calendar and a log of scheduled events for the purpose of monitoring compliance. This log would include start/end times, number of attendees, number of vehicles, and usage of sound amplification equipment. 10.7 The purpose of the Public Meeting is to provide an opportunity for public input. The public comments will be discussed with the applicant and addressed in a subsequent staff recommendation report. 11. Discussion 11.1 Not applicable. 12. Conclusion 12.1 It is respectfully recommended that Staff continue to process the application including the preparation of a subsequent report once all comments from departments and agencies are received. The purpose of this report is to provide background information on the Zoning By-law Amendment application submitted by Clark Consulting Services, on behalf of Deborah and Oswin Mathias for the Public Meeting under the Planning Act. Staff Contact: Toni Rubino, Planner, 905-623-3379 x 2431 or trubino(a-clarington.net. Attachments: Not Applicable Interested Parties: List of Interested Parties available from Department.