HomeMy WebLinkAboutPSD-041-15 Clarington
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Report To: Planning and Development Committee
Date of Meeting: September 14, 2015
Report Number: PSD-041-15 Resolution Number: 4 O °-k
File Number: COPA2015-0003 and ZBA2015-0011 By-law Number: a0 \
Report Subject: Applications by Lesle Gibson to permit an outdoor wedding and
event venue
Recommendations:
1. That Report PSD-041-15 be received;
2. That the proposed applications by Lesle Gibson to amend the Clarington Official Plan
(COPA 2015-0003) and Zoning By-law (ZBA2015-0011) continue to be processed including
the preparation of a subsequent report;
3. That the Durham Regional Planning and Economic Development Department be forwarded
a copy of Report PSD-041-15 and Council's decision; and
4. That all interested parties listed in Report PSD-041-15 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-041-15 Page 2
Report Overview
Lesle Gibson, owner of Events by Grace, has submitted applications to amend the Clarington
Official Plan and Zoning By-law to permit an outdoor wedding and event facility on Prime
Agricultural lands along Concession Road 3, Clarke. The site plan submitted illustrates
dedicated areas on the existing farm to accommodate temporary tents, portable washrooms
and parking for events. The Municipality is seeking public comments on the proposal.
1 . Application Details
1.1. Owner: David Gibson
1.2. Applicant: Lesle Gibson
1.3. Agent: EcoVue Consulting Services Inc.
1.4. Proposal: To amend the Official Plan and Zoning By-law by adding site-
specific policies and regulations to permit an outdoor wedding
and event venue, including:
• A designated area for wedding ceremonies and other events
accommodating up to 250 guests;
• Temporary reception tents and washroom facilities; and
• Food services provided by outside local catering companies.
1.5. Area: 32 hectares (venue area is 2.1 hectares)
1.6. Location: Part Lot 34, Concession 3, former Township of Clarke
3238 Concession Road 3
2. Background
2.1 . The applicant submitted applications to permit an outdoor wedding and event venue on
an existing farm parcel in the former Township of Clarke. The applications were
deemed completed on June 26, 2015.
2.2. The applicant's family is in a partnership that owns and operates Algoma Orchards and
the subject lands were the location of the former apple packing plant for the business.
The farm parcel is used for apple production.
2.3. The applicant owns Events by Grace, an event planning business with 20 years
experience. The request comes forward as a result of high interest for outdoor wedding
and event venues.
2.4. A detailed site plan (Figure 1) and a Planning Justification Report were submitted with
the applications. Should the applications be approved, Staff will continue processing the
concurrent Site Plan Application (SPA 2015-2013).
Municipality of Clarington
Report PSD-041-15 Page 3
Figure 1: Proposed Site Plan
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Municipality of Clarington
Report PSD-041-15 Page 4
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are currently in agricultural production, and are occupied by a single
detached dwelling (Figure 2) and several agricultural buildings related to the apple
farming operation.
3.2 The surrounding uses are as follows and shown on the aerial photograph (Figure 3):
North - Existing agricultural lands and residential dwellings
South - Existing agricultural lands and residential dwellings, a tributary of Wilmot Creek,
and the Canadian Pacific Railway corridor
East - Existing agricultural lands and residential dwellings
West - Existing agricultural lands and residential dwellings
Figure 2: Photograph of the Proposed Reception Area on the Subject Lands
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Municipality of Clarington
Report PSD-041-15 Page 5
4. Provincial Policy
4.1 Provincial Policy Statement
Prime Agricultural Areas shall be protected for long-term use for agriculture. Permitted
uses include agricultural uses, agriculture-related uses and on-farm diversified uses.
Proposed agriculture-related uses and on-farm diversified uses shall be compatible with,
and shall not hinder, surrounding agricultural operations.
"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 a bed and breakfast, that promote the enjoyment, education or activities related
to the farm operation.
4.2 Greenbelt Plan
The Greenbelt Plan is not applicable.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the land Prime Agricultural. Within Prime
Agricultural Areas a full range of agricultural, agricultural-related and secondary uses
shall be permitted.
Uses accessory to the principal agricultural use of the property are permitted, including
small-scale home occupations and home industries, and kennels, provided such uses do
not alter the principal use of the property for agriculture. In addition, small-scale uses
secondary to the agriculture use, that produce value-added agricultural products, such as
cottage wineries, and agri-tourism uses, such as bed and breakfast establishments, farm
vacation homes, and farm tours are permitted as secondary agricultural uses, provided
such uses are directly related to, or exclusively devoted to the existing farm operation.
Area municipal official plans shall include detailed policies to limit the scale and number
of secondary agricultural uses, and include policies to address compatibility with
surrounding uses. New secondary agricultural uses, other than home
occupations/business, bed and breakfast establishments and farm vacation homes, will
only be permitted when the area municipal official plan has been amended, or where a
site specific zoning by-law amendment has been adopted in accordance with the policies
of this Plan.
Municipality of Clarington
Report PSD-041-15 Page 6
5.2 Clarington Official Plan
The Clarington Official Plan designates the land Prime Agricultural. Prime Agricultural
Areas shall be used only for farm and farm-related uses including the use of land,
buildings and structures for nurseries, the growing of crops and the raising of livestock,
some on-farm diversified uses, specifically home-based occupations and limited home
industry uses are permitted. Seasonal farm produce stands may also be permitted
provided the produce is grown locally. However, wedding and event venues are not
identified.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands "Agricultural Exception One (A-1) Zone"
which permits agricultural uses and a single detached dwelling.
The current zoning does not permit the proposed use.
7. Summary of Background Studies
7.1 Planning Justification Report, Ecovue Consulting Services, May 12, 2015
The report provides an overview of the subject property and the proposed outdoor
wedding and event venue. The proposed outdoor wedding and event venue will consist
of the following items:
• Designated area outside for wedding ceremonies and other events such as,
engagements and retirements for a maximum of 250 guests/patrons;
• Reception tent brought in for each wedding/event (size may vary);
• Temporary bathroom facilities brought in for each wedding/event; and,
• Food services provided by outside local catering companies. No washing of
dishes or preparation of food will be conducted on site.
The Planning consultant provides an analysis of applicable policies from the Provincial
Policy Statement and finds that the proposed use is consistent with the Rural and Prime
Agricultural policies that permit on-farm diversified uses, including agri-tourism uses. The
consultant demonstrates that while the use is located on a active farm, the venue will be
secondary to the principal agricultural use; will not take lands out of agricultural
production; and no permanent structures are proposed. The venue will relate to the
orchard and rural setting and feature local produce. The venue will not hinder surrounding
agricultural operations and minimum distance separation criteria are satisfied.
The proposal was reviewed against the Durham Regional Official Plan and was found to
conform to the policies that permit farm-related tourism uses and promotes the enjoyment
education or activities of the farm operation.
The consultant highlights the current and proposed policies of the Clarington Official Plan.
While the current plan does not explicitly permit the proposed venue, the use satisfies the
Municipality of Clarington
Report PSD-041-15 Page 7
Plan's goal to encourage and support the agricultural industry as an important part of the
Municipality's economic base. The proposed venue will increase local tourism with guests
and tourists from Clarington area and beyond. The proposal supports local economy,
including area businesses, such as florists, caterers, bakeries, DJ's, photographers, hair
salons, officiants, restaurants, bed and breakfasts, inns, golf courses, and portable
washrooms companies. An Official Plan Amendment is required and the proposal is
consistent with the direction of the draft Official Plan (2015).
A Zoning By-law Amendment will be required to permit the outdoor wedding and event
venue on a portion of the property.
The Planning Justification Consultant is of the opinion that the proposed development
represents good planning. The development will not remove land out of agricultural
production, will support the agricultural industry and rural economy, and is compatible
with surrounding land uses.
8. Public Notice and Submissions
81 Public notice was given by mail to each landowner within 120 metres of the subject site.
The public notices for this application were mailed on August 14, 2015, and the
appropriate signage outlining the applications was installed on the subject lands along
Concession Road 3 and Gibson Road.
8.2 At the time of drafting this report, Staff have received one request for further information
on the files. Four neighbouring property owners have contacted staff in objection and/or
have raised the following concerns:
• Noise impacts and loud music;
• Concerned/questioned at what time the events will end;
• Requesting clarification on the number of other permits required ie. health, liquor
etc.;
• Object to the potential of frequently scheduled weddings/events;
• Traffic concerns given road alignment (s-bend) to the west and increased
volumes;
• Liquor license will promote noise and dangerous activities;
• Lack of on-site parking and potential for on-street parking;
• Proposed uses do not fit in with character of the area; and
• Former packing plant was self-contained, however this use would impact
neighbours.
9. Agency Comments
9.1 Regional Municipality of Durham
Regional Planning finds that the proposal conforms to the Durham Regional Official Plan
as the use appears to be an agri-tourism use which is directly related to the existing apple
orchard farm operation, consistent with Regional and Provincial Policy direction. The
lands are within a "High Aquifer Vulnerabiltiy Area" however the Region does not
Municipality of Clarington
Report PSD-041-15 Page 8
consider the proposed use a high risk to groundwater. The Region also concurs that the
proposal is consistent with the Provincial Policy Statement.
The findings of the Planning Justification Report have been accepted, including the
minimum distance separation calculations to determine setbacks to neighbourhing
agricultural operations.
Regional Works has no objections as the site is privately serviced and Concession Road
3 is under the jurisdiction of the Municipality of Clarington.
Regional Health has no objections however will require the submission of a Special
Events Package at least 30 days in advance of the event.
The proposed Official Plan Amendment is exempt from Regional approval.
9.2 Ganaraska Region Conservation Authority
The Conservation Authority reviewed the proposal at the preconsultation stage and
determined they have no objections to the requested use.
10. Departmental Comments
10.1 Engineering Services
Engineering Services has no objection to the proposed amendments to the Official Plan
and Zoning By-law. However, prior to site plan approval, the applicant will be required to
satisfy the Engineering Services Department regarding the following concerns and
conditions:
• Traffic Control and Entrance Improvements;
• Grading and Drainage; and
• Parking.
Engineering highlights that any entrances used for the event business will require
improvements to accommodate a 6.0 metre, two-lane driveway, including illumination.
Costs and securities will be the responsibility of the applicant. Sightlines at the entrances
must be assessed and improvements completed, such as removal of vegetation. The
provision of on-site parking will be reviewed in greater detail to ensure there are adequate
spaces for guests. These items must be resolved prior to site plan approval.
10.2 Operations Department
Operations has no objection to the applications however offer the following comments:
• On-street parking will not be considered an acceptable practice. Concerns exist
for on-street vehicular and pedestrian safety as well as damage to the roadway
pavement edge and narrow gravel shoulders.
Municipality of Clarington
Report PSD-041-15 Page 9
• The installation of a streetlight at the driveway entrance to each proposed venue
is recommended. Streetlighting will help to improve vehicular movement safety
at the driveway entrances during the evening.
• Concession Road 3 has a surface treated application that is in average condition.
Details respecting the proposed volume of vehicular traffic to this venue are
required for roadway improvement and maintenance planning.
• Sightlines from the driveway entrance will need to be reviewed. The clearing of
existing obstructions or vegetation may be required to improve roadway entrance
safety.
10.3 Building Division
The Building Division has no objections to the proposed Official Plan Amendment and
Rezoning, and acknowledges that site plan approval is required. Building permits for the
temporary tents exceeding 60 square metres will be required.
10.4 Emergency and Fire Services
The applicant has indicated that food will be prepared offsite and delivered to the venue.
However, should food be prepared on site, a commercial cooking suppression and
venting system may be required.
10.5 Accessibility Committee
The Committee reviewed the site plan and has offered comments relating to parking,
pathways, washrooms and lighting. Should the rezoning application be approved, these
site plan related comments will be reviewed with the applicant.
11 . Discussion
11.1 Both Provincial and Regional land use policies have evolved to permit agri-tourism uses,
provided they are secondary to the principal agricultural use and limited in area. The uses
must be compatible with the surrounding agricultural area.
11.2 The proposed Clarington Official Plan (2015) includes policies that would permit agri-
tourism uses however these polices have not been approved, thus the need for an
Official Plan Amendment. Should the proposed Clarington Official Plan policies get
approved, requests for agri-tourism uses, in conformity with said policies, will require a
Zoning By-law Amendment application and Site Plan approval to establish regulations for
the uses and consider the site specific characteristics of the proposal.
11.3 Planning Staff have reviewed the Planning Justification report and concur that the
proposed applications are consistent with the Provincial Policy Statement and the
Durham Region Official Plan and the Official Plan Amendment will continue to implement
the objectives of encouraging and supporting the agricultural industry as an important
part of the Municipality's economic base. Promoting agri-tourism uses adds value to a
Municipality of Clarington
Report PSD-041-15 Page 10
farm operation, provides supplemental income, provides opportunities to sell directly to
the retail market, as well as opportunities to educate the non-farm population about
farming and allows the farmer to increase brand recognition by promoting and marketing
their own agricultural products.
11.4 Staff have been contacted by area neighbours with concerns that can be summarized
into four themes. Staff have reviewed these comments internally and provide the
following:
Frequency of Events
The outdoor venue would be operating on a seasonal basis from May to September,
weather depending, with the peak in July and August. Most events will be held on
Saturdays, with some bookings occurring on Fridays and Sundays, and less often during
the week.
The applicant expects to hold approximately 4 major events per month.
Noise
Typically, events will require the use of microphones, speakers and typical disc jockey
equipment. The applicant indicates that music will generally end by midnight, following
which guests would be departing.
The applicant has agreed to shift the tent location and to direct all sound equipment to the
north and east, away from neighbouring properties. The existing orchards and foliage will
assist in reducing noise impacts.
Staff would recommend that the Zoning By-law Amendment provide a minimum front yard
setback of 65 metres to ensure the venue area is located well away from the road and
neighbours. Staff would also recommend that the site plan be revised to locate
washrooms and catering tents south of the event area to function as additional buffers.
Providing plantings as a buffer can also be explored with the applicant during the site
plan process.
Traffic
Engineering Services has determined that the capacity of Concession Road 3 is not a
concern. The average daily traffic count is 1,519 with the latest count completed in 2014.
Assuming the worst case scenario of approximately 125 trips in and out of the venue, the
traffic count would increase by 16% on an event day. However, daily volumes and peak
period volumes remain low. The level of service would remain at an excellent level.
Staff recommend that all guests and staff use the most easterly driveway, reserving the
central and westerly driveways for emergency use only. The applicant also agrees that
guests can be directed to and from the site via Highway 35/115 which will alleviate traffic
impacts on immediate neighbours. These logistics can be relayed to clients of the
applicant and can then be communicated to all guests in advance of events. These
Municipality of Clarington
Report PSD-041-15 Page 11
provisions can form part of the site plan drawings and agreement that would be
registered on title.
Parking
The applicant has indicated that all required parking can be accommodate on the site.
The site plan illustrates 75 parking spaces, while the applicant has indicated that the
maximum number of guests would be 250. The applicant is satisfied that 75 parking
spaces is sufficient and highlights that some events would including shuttling of guests
from area hotels, further reducing the need for onsite parking.
Staff are further satisfied that the farm provides ample opportunities for on-site parking
between rows of trees in the orchard. Should a problem arise with parking, `No Parking'
signs could be posted.
11.5 All taxes owing to the Municipality of Clarington have been paid in full.
12. Concurrence
Not applicable.
13. Conclusion
The purpose of this report is to provide background information on the proposed outdoor
wedding and event venue submitted by Lesle Gibson. Staff will continue processing the
application including the preparation of a subsequent report upon resolution of the
identified issues.
14. Strategic Plan Application
Not applicable.
Municipality of Clarington
Report PSD-041-15 Page 12
Submitted by: v Reviewed b y _
vid Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Planner II, 905-623-3379 ext. 2414 or
ataylorscott(d)clarington.net
The following is a list of the interested parties to be notified of Council's decision:
EcoVue Consulting Services Inc.
Lesle Gibson and David Gibson
Deborah Mathias
Teresa L. DeCicco
Jim Kamstra
Barry Staples
Michael Allen
ATS/CP/df