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HomeMy WebLinkAboutPSD-007-17Planning Services 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: January 9, 2017 Report Number: PSD-007-17 Resolution Number: File Number: ZBA2015-0015 and COPA2015-0005 By-law Number: Report Subject: An Application by Deborah and Oswin Mathias to permit special events, farm tours, meat processing and sales on an agricultural property – 3582 Morgans Road, Clarke Recommendations: 1.That Report PSD-007-17 be received; 2.That Official Plan Amendment 108 as contained in Attachment 1 be adopted and that the necessary By-law be passed; 3.That the Zoning By-law Amendment application submitted by Deborah and Oswin Mathias be approved as contained in Attachment 2 to Report PSD-007-17; 4.That a Zoning By-law Amendment to remove the “Holding (H)” be forwarded to Council at such time as the applicants have entered into a development agreement for the agri- tourism use on the subject lands; 5.That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-007-17 and Council’s decision; and 6.That all interested parties listed in Report PSD-007-17 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-007-17 Page 2 Report Overview This report recommends approval of the applications to amend the Clarington Official Plan and Zoning By-law to permit agri-tourism uses, including seasonal special events, farm tours and the processing and sale of meat on a 40 acre agricultural property located at 3582 Morgans Road, Clarke. 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 sales of meat products. Educational farm tours including sheep shearing, wagon rides and hand feeding lambs. 1.4 Area: 16.2 hectares. 1.5 Location: Part Lot 17, Concession 3, Former Township of Clarke 3582 Morgans Road, Clarke. 1.6 Roll Number: 181703003016520. 1.7 Within Built Boundary: No. 2. Background 2.1. On August 7, 2015, the applicant submitted the referenced rezoning for an existing agricultural property in the former Township of Clarke. On September 3, 2015, the applicant submitted an application to amend the Clarington Official Plan (see Figure 1). Municipality of Clarington Report PSD-007-17 Page 3 Figure 1: Site Location and Proposed Site Plan The proposal is to permit agri-tourism uses on a farm property including weddings and family celebrations as well as educational farm tours and sales of meat raised and processed on-site. The proposed uses were presented as being accessory and directly related to the existing farm operation including the serving of meat raised on-site to guests of the events. Educational farm tours and farm gate sales of on-site farm products are considered normal components of a farm operation and are currently permitted on the subject site without the need for amendments to the Official Plan or Zoning By-law. On- farm special events are not permitted in the 1996 Clarington Official Plan or Zoning By- law for the subject property, therefore this component of the proposal is subject to an Official Plan amendment and rezoning. The Official Plan Amendment 107 adopted November 1, 2016, contains policies regarding agri-tourism in both Prime Agricultural Areas and Rural Areas. Municipality of Clarington Report PSD-007-17 Page 4 2.2 A public meeting for the proposed Official Plan amendment and rezoning was held on October 25, 2015. Eight local residents appeared in opposition to the applications and a petition with 44 signatures in opposition was presented. The issues raised in objection by the residents and as noted in the petition related to the special events and not with the proposed farm tours or meat sales. The main concerns raised were: 1) the small scale of the existing farm operation and that proposed special events would become the primary use of the property; and 2) the overall compatibility of the proposed events in the rural area. In considering the staff report at the public meeting Committee and Council requested the Agricultural Advisory Committee of Clarington be consulted on the definition of agri- tourism by considering issues of compatibility between agricultural uses and secondary uses. 2.3 At its meeting held on January 14, 2016, the Clarington Agricultural Advisory Committee of Clarington reviewed the definition of agri-tourism and information previously recommended by the Committee that had been included in the ‘Countryside Discussion Paper (2013)’ to be used in the evaluation of proposed agri-tourism activities. The Committee has defined agri-tourism as consisting of special events (weddings, family reunions, etc.), agri-education (on farm tours) and agri-culinary activities. The Committee also agreed with the Ontario Ministry of Agriculture, Food and Rural Affairs’ (OMAFRA) Draft Guidelines of Permitted Uses in Ontario’s Prime Agricultural Areas in regards to on- farm diversified uses. The Committee agreed that on-farm diversified uses be restricted to 2% of the lot area and that compatibility address traffic, noise, compaction of soil, lights and potential trespass. These Guidelines are intended to assist municipalities to interpret the policies in the 2014 Provincial Policy Statement. The final version of these Guidelines have since been released by OMAFRA and are consistent with the Draft Guidelines regarding its recommended review criteria for on-farm diversified uses. 2.4 On April 18, 2016 the applicant submitted a revision to the proposal by presenting the special events use as the addition of a new rural land use that should be evaluated according to its compatibility with the rural area rather than according to criteria that focuses on its relationship to agriculture since the subject property is located outside of a Prime Agricultural area. Additionally, the proposal was revised to include a new driveway located to the north of the existing driveway and directly in line with Cowanville Road that would be dedicated to the special events use. The revision also proposes to use mobile washroom facilities on a temporary basis in place of a septic system. 3. Land Characteristics and Surrounding Uses The subject lands are 16 hectares in area with approximately 10 hectares 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 previous page). In addition to the single-detached dwelling, there is detached garage, a barn, a Municipality of Clarington Report PSD-007-17 Page 5 Quonset-style farm-implement/hay building and a small accessory shed (see Figure 2 & 3 below). Figure 2: Photograph of existing building proposed to be used for events Figure 3: Photograph of Subject lands with barn, looking west towards Morgans Road Municipality of Clarington Report PSD-007-17 Page 6 3.1 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 - Graham Creek and wooded area; existing rural residential 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, 2014 (PPS) 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 (which includes agri-tourism uses) in accordance with provincial policies. Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The provincial policies referred to above includes OMAFRA’s Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas (2016) which is a companion document to the PPS created to provide direction to municipalities in interpreting the PPS. In the case of the subject proposal, these Guidelines assist in interpreting the PPS definition and policies related to on-farm diversified uses. Although the Guidelines focus on lands within “Prime Agricultural Areas” they are noted to also have relevance to Rural Areas as the PPS provides that on-farm diversified uses are to be considered in both Rural and Prime Agricultural areas in accordance with provincial policies. “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. 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. Municipality of Clarington Report PSD-007-17 Page 7 “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 non-agricultural uses including agri-business may be permitted subject to the applicable policies of the Regional Plan. 5.2 Clarington Official Plan The 1996 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 proposed in the Environmental Protection Areas or Green Space. The policies of the General Agricultural Area in the 1996 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. 5.3 Clarington Official Plan as amended by Amendment 107 On November 1, 2016, Council adopted Official Plan Amendment 107 which brought the Clarington Official Plan into conformity with the Regional Official Plan and Provincial Policies. The Council adopted Official Plan Amendment 107 (2016) designates the subject property as Rural and Environmental Protection. The proposed land uses are within the portion of the property designated as Rural Areas. The amended Policies permit agri-tourism uses in Rural. The new policies permit on-farm diversified uses, including agri-tourism uses subject to a Zoning By-law Amendment and provide that such uses are located on, and secondary to the principal agricultural use, are limited in area, are compatible with existing land uses, do not conflict with agricultural operations and conform to all Minimum Distance Separation (MDS) setbacks. Municipality of Clarington Report PSD-007-17 Page 8 6. Zoning By-law 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 special event use is not permitted therefore an amendment to the Agricultural zone is required. 7. Summary of Background Studies 7.1 Revised Planning Justification Report A Planning Justification Report was submitted in support of the proposed Official Plan and Zoning By-law Amendments. A revised Planning Justification Report was received subsequent to the public meeting that added further information in response to issues raised at the public meeting while framing the proposal as being an addition of a new rural land use while deemphasizing its relationship to agriculture. The following arguments were made in the revised report: The subject property is located in a rural area that is not designated as a Prime Agricultural Area, therefore the proposed special events use should be evaluated according to its compatibility to the rural area instead of evaluating the use strictly as an agricultural-related land use using a framework of analysis created for Prime Agricultural Areas. The special events can be considered as an ‘Other Rural use’ in accordance with Policy 1.1.5.8 of the PPS (2014). The special events use meets Provincial policy objectives of diversifying the rural economic land base by leveraging rural assets. The primary use of the property is farming. The special events are an on-farm diversified use that can be considered secondary to the principal farm operation as it is dependent on the farm ambiance, will serve meat produced on the farm and will also support local farm operations by serving locally sourced foods. Additionally the special events will only be held seasonally while the farm use is year round. The area of land to be used for the proposal was reduced from 4% of the area of the property to 2.2%. The farm was purchased by the owners in 1989 and has been classified as an agricultural operation since then with the primary farming activity consisting of the raising of livestock on pasture and the growing of hay. The special events use will be entirely located on low productivity soils and will not remove land from agricultural production. Municipality of Clarington Report PSD-007-17 Page 9 A new alternate entrance located directly across from Cowanville Road has been assessed and recommended by the applicant’s engineer which will accommodate the proposed uses and meet all sight line requirements. A preliminary noise assessment has been conducted by a consultant which indicates that the proposed use with mitigation would meet the noise requirements and that the complete assessment will be undertaken as part of a subsequent site plan application. Revised Canada Land Inventory (CLI) mapping showing Canada Land Inventory soils on the subject property. All land proposed for events are indicated to be outside Canada Land Inventory soil area. 7.2 Hydrogeological Assessment Report A hydrogeological Assessment Report conducted by Geo-logic (June 25, 2015) was submitted by the applicant for the purpose of evaluating the availability of groundwater supplies and evaluating the suitability of the planned land use for up to 299 people in relation to the available groundwater resources. The following conclusions were reached: There is sufficient groundwater availability from the existing well to accommodate the proposed uses. The site is not considered to be hydrologically sensitive and the site is suitable for the construction of a septic waste disposal system. Regional Health Department approval would be required for a septic system where the septic effluent for the site is less than 10,000 L/day. In order to remain within this limit, the proposed events can accommodate a maximum of 233 guests and the existing home. Should the effluent exceed this value, an Environmental Compliance Approval (ECA) will be required from the Ministry of Environment and Climate Change. Based upon the subsurface conditions in the area of the proposed leaching bed (west of the existing Quonset structure), it is recommended that the waste disposal system be designed as fully raised bed systems. 7.3 Archaeological Assessment A Stage 1 Archaeological Assessment was submitted by the applicant which recommended that the subject property undergo a Stage 2 assessment as the property is considered to have high archaeological potential. Municipality of Clarington Report PSD-007-17 Page 10 8. Public Submissions At the public meeting held on October 25, 2015, eight residents addressed the Planning and Development Committee. There were no objections stated regarding the proposed educational farm tours or sales of farm products raised on site. Rather objections and concerns were raised regarding the proposed special events and focused on the scale of the existing farm operation, whether the special events could truly be considered a secondary land use, compatibility in the rural area and site servicing. Resident concerns from the public meeting and submissions are summarized as follows and are addressed in Section 11 as referenced next to each point below. Scale of existing farm operation Due to the small scale of the farm operation and a lack of livestock seen on the property in 2015, it is questionable whether there currently exists a bona fide farm operation that would consist of the primary land use. The farm field was used for soya crops in 2015 and rented out to another farmer. There is a limited amount of farm land that would support the raising of enough livestock to feed the number of event guests proposed. The potential for bringing in food from external sources without limitations could decrease the need to sustain the farm operation. Special events as secondary to the primary farm operation The time and amount of land devoted to the proposed uses relative to what should be the primary farming use must be considered. If the existing farm buildings are both to be utilized for the events and meat sales then it is difficult to conceive how the events are secondary. In 2015 the farm field was cultivated with soya instead of being used for pasture making the link between food from livestock raised on-site for serving at the proposed events unclear. Potential for annual monitoring to ensure that there is always a farming operation and that the proposed uses remain secondary. The quantity of food grown on site would only be sufficient to serve the demand derived from the events which would make the events the primary use. Compatibility Issues of noise, excessive traffic, parking, trespass and security, public intoxication, light pollution and the impact on the normal farm operations are concerns. The ability of Morgans Road to accommodate the volume of traffic for up to 233 guests. Soils mapping provided with the planning report did not accurately show the Canada Land Inventory soils on the subject property. Municipality of Clarington Report PSD-007-17 Page 11 Site Servicing Clarification is needed as whether the site will be serviced by a septic system or outhouses. Using outhouses may allow the number of guests to climb above 233 as the constraint limiting the number of guests was the site’s septic capacity. Additionally, a petition containing 44 resident signatures was submitted at the public meeting. The petition states an objection to the farm-related agri-tourism proposal, specifically the special events venue as a secondary use. Prior to the public meeting staff had 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 received were similar to those presented at the public meeting and also included concern that the applicants were proposing a slaughterhouse and overnight camping which staff clarified was not part of the proposal. An agricultural property owner located to the east of the subject property 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. 9. Agency Comments 9.1 Regional Municipality of Durham The Durham Region Planning Department has indicated that special events and farm tours appear to meet the definition of a secondary agricultural use as an agri-tourism use provided they operate on a part-time basis, are seasonally based, are based on the existing farm operation, use only meat produced on the farm and other food sourced from local area farms. Subject to the limitations in scale presented in the application, the application appears to conform to the Regional Official Plan. Any increase in the existing nature and scale of the uses proposed would be contrary to the Regional Official Plan. In addition, the Durham Region Planning Department has informed Staff that because high archaeological potential has been identified through the Stage 1 Archaeological Assessment prepared in support of this application, a Stage 2 Assessment is recommended to be conducted. As a condition of approval of the zoning amendment application, the Region will require a Clearance Letter from the Ministry of Tourism, Culture and Sport. A Holding (“H”) provision should be implemented during the zoning amendment process to ensure compliance with the above. Municipality of Clarington Report PSD-007-17 Page 12 9.2 Durham Region Health Department The Durham Region Health Department has indicated no objection to the approval of the applications, subject to a maximum total daily design sewage flow for the entire property of 9,988 litres/day. Any increase above 10,000 litres/day would require comment and approval by the Ministry of the Environment and Climate Change. The Health Department will review the engineer designed sewage system during the site plan approval process. The Health Department has also indicated that mobile washroom facilities would be permitted on a temporary basis over a period of not exceeding three years. Further comments regarding the proposed use of mobile washroom facilities will be provided at the site plan stage should the Official Plan Amendment and Rezoning application be approved. 9.3 Ganaraska Conservation Authority The Ganaraska Region Conservation Authority has no objection to the approval of this proposal. 10. Departmental Comments 10.1 Engineering Services Clarington Engineering Services have indicated that the existing entrance to the subject site does not have adequate stopping sight distance and cannot be utilized as a commercial entrance. The applicant has proposed an alternate entrance to be located directly across from Cowanville Road. Engineering Services staff are satisfied that there is sufficient visibility from this entrance to safely accommodate vehicles coming to and from the site. Additionally, Clarington Engineering Services staff have also indicated that Morgans Road will be capable of accommodating the volume of traffic generated from the proposed events and does not require a traffic study as part of this application. Engineering Services also provided a number of comments and conditions related to the future Site Plan Application. This includes typical comments regarding site alteration, grading and drainage, on-site parking, boulevard works including entrance construction and securities. 10.2 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 Application stage should the Official Plan Amendment and the Zoning By-law Amendment be approved. These issues include the need for the proposed event building and meat sales building to obtain a change of use permit before they can be used for any use other than agriculture. Municipality of Clarington Report PSD-007-17 Page 13 10.3 Emergency and Fire Services The Emergency and Fire Services Department have no objection to the Official Plan Amendment and Zoning By-law Amendment, however, they have identified issues that will need to be addressed at the Site Plan Application stage. The covered event building may be considered an assembly building which would require on site water supply for firefighting. 10.4 Operations Department The Operations Department has no objection with the applications. 10.5 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. 11. Discussion 11.1 The educational farm tours and farm gate meat sales component of the proposal are currently permitted as activities that are accessory to a farm operation. The farm tours are intended to take place mainly during the spring months and on holidays. The tours will focus on educating visitors on farming practices and will provide opportunities for interaction with farm animals. The farm gate meat sales activities will include value-added processing activities (meat smoking, barbeque, sausage making, and specialty cuts) and are meant to be sold to customers on a special order basis as well as to event guests. This does not include the establishment of an on-site retail shop or slaughterhouse. The proposed special events use is not currently permitted as part of a regular farming operation and requires the Official Plan and Zoning By-law amendment. 11.2 Both Provincial and Regional land use policies promote opportunities to support a diversified rural economy and have evolved to permit on-farm diversified uses (which includes agri-tourism uses) in both prime agricultural areas and rural areas, provided that the uses are secondary to the principal agricultural use, are limited in area and are compatible with the surrounding agricultural area. The Regional Official Plan allows for secondary uses to an agricultural operation but leaves the criteria for defining them to the local municipal Official Plan. Official Plan Amendment 107 adopted by Council contains policies permitting agri-tourism uses, which these applications are being reviewed against. However, it has not been approved by the Region and the 1996 Official Plan does not include policy by which to assess these types of land uses. Municipality of Clarington Report PSD-007-17 Page 14 11.3 The proposed special events have been assessed in accordance with the framework included in the Countryside Discussion Paper (2013), OMAFRA’s Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas, and the comments of the Agricultural Advisory Committee of Clarington. All such criteria provide similar measures that seek to ensure that agri-tourism proposals remain secondary to agricultural uses, protect normal farm practices, are limited in size and are compatible with the rural area. 11.4 Since the property on which the proposed special events are intended are not designated as Prime Agricultural lands, the applicant has presented the proposal as the addition of a new land use to a rural area and suggested it should be evaluated according to its overall rural compatibility rather than according to its relationship to the agricultural operation. This is based upon the perspective that rural areas possess a variety of existing uses and that agricultural soils are of a lesser quality than those found in Prime Agricultural Areas. For example, the area surrounding the subject property features rural residential homes, a bed and breakfast, an auto wrecking yard on Cowanville Road as well as agricultural uses on soils that range in quality. However, the PPS 2014 promotes a diversified economy in rural areas by ensuring that agricultural and other resource-related uses are protected. Other uses that are not related to agriculture or are not resource-related are encouraged to be situated in areas that won’t place constraints on these primary uses. The exception is for uses that are secondary to the primary agricultural or resource- related use, such as on-farm diversified uses. Therefore, the proposed events venue cannot be assessed purely as the addition of a new rural land use without considering its connection to the farm operation. Further, as an agri-tourism use, the proposed special events are included in the definition of “on-farm diversified use” in the PPS 2014 and therefore would need to be assessed according to criteria established for reviewing on-farm diversified uses which requires the use to take place on a farm and to be secondary to the farming operation. Location of agri-tourism use on a farm 11.5 In order to be considered a secondary use, on-farm diversified uses must be located on a property that is actively being farmed as the primary use and where there is an expectation of financial gain to the landowner from the agricultural production. Concerns were raised at the public meeting that the property was not being farmed at a scale that would consist of a primary farming operation and that the special events use would become the primary use of the property. The OMAFRA Guidelines, address this by suggesting the farm must qualify for the Farm Property Class under the Assessment Act which requires that the gross annual income generated from the farming operation be at least $7,000. The annual tax for the subject property has been filed as a Farm Property Class as the owner sells meat products raised on-site to customers who currently pre- order and have the meat products delivered or are picked up at the butchers (Clark Meats in Newcastle). No further criteria has been established specifying that a farm has to be of a particular scale in order to be defined as a “farm” as a primary use. Instead the scale of the proposed on-farm diversified use - in terms of the amount of land it will use and the amount of time dedicated to it - must be assessed in proportion to the farming operation to determine whether the farm exists as the primary use of the property. Municipality of Clarington Report PSD-007-17 Page 15 11.6 The agricultural use of the property has consisted of livestock raised on pasture which has existed since the current owners purchased the property in 1990. Staff was advised that in 2015, the fields were planted with soya beans for the purpose of soil rejuvenation which is required every 10 years due to poor soil quality. The fields were planted under contract, reseeded and fertilized in exchange for the use of the fields in 2015. Hay is the only other crop grown for the winter feeding of the animals. From 2011 to 2014 the fields have been used for pasture for the raising of livestock which has included cattle, sheep, goats, alpacas and llamas. After the soil rejuvenation of 2015, the fields have been returned in 2016 to pasture and hay for cattle. 11.7 Agri-tourism uses are meant to provide an opportunity to enable farm operators to diversify and supplement their income with the expectation that increased financial returns will strengthen the economic ability of the farmer to continue farming. It is expected that the farm operator and the operator of the diversified use would be from the same household to ensure that the returns generated from the agri-tourism use will be directed to and potentially partly reinvested into the farming operation. The renting out of a farm field under contract by the owner/operator of the agri-tourism use would not fulfil this intent. In this case, the owner of the farm rented out the farm fields in 2015 for soil rejuvenation, however, the property is typically farmed by the owner who is also the applicant for the agri-tourism use. The returns derived from the agri-tourism use may be used to reinforce the continued viability and potential expansion of the farming operation. Agri-tourism as a secondary use 11.8 The intent of requiring special events to be secondary is to ensure that the on-farm diversified use can co-exist with agriculture without conflict while recognizing the primacy of the agricultural use. In order to minimize agricultural land displaced by the special events and for the special events to be considered a secondary use they must be limited in relation to the farming use both spatially and temporally. 11.9 OMAFRA recommend limiting the amount of land dedicated to the on-farm diversified use to 2% of the lot area which would represent the total lot area that would be unavailable to agricultural production. This limitation has been supported by the Agricultural Advisory Committee of Clarington. The special event use would propose to utilize 2.2% or 0.35 hectares of the 16.2 hectare property. This figure includes the area dedicated to a new entrance and driveway (807 m2), parking (2,347 m2), the existing Quonset-style building (280 m2), a portion of the 241 m2 bank barn dedicated to meat preparation and sales (61 m2), temporary portable washrooms (26 m2) and portable kitchen (22 m2). With the exception of a future septic system, no new permanent structures are proposed and only the parking and driveway areas will be added that would displace land that could otherwise be utilized for agricultural production. The large agricultural field on the west side of the property will not be impacted by the event venue proposal rather the events will be concentrated in the areas of the property that are not currently in cultivation that surround the existing buildings and pathways. Municipality of Clarington Report PSD-007-17 Page 16 11.10 The proposed 2.2% lot coverage maximum does not include the area for a future septic system which would need to be considered in the lot coverage calculation. Although the total area for the septic system has not yet been determined, the applicant has stated that it will not be located on high agricultural capability soil nor will it remove lands from agricultural use. The location and total size of the future septic system will be addressed through Site Plan Approval. 11.11 It should be acknowledged that the seasonal use of the existing farm buildings for the events will not permanently preclude them from use for agricultural purposes. The Quonset-style building that is intended for conversion to an event building will continue to be used to store farm implements and hay during the winter months when no events are to be held. The farm machinery that would typically be stored in the Quonset-style building is intended to be displayed in the open on the property for visitors to view as part of the overall farm experience during the event months. There will be an additional 185 m2 of storage space left over in the existing bank barn that is to be utilized to store farm equipment both during and beyond the event season. 11.12 The OMAFRA Guidelines suggest that the farm use must take precedence over the special event use, therefore, the timing and frequency of events must not negatively impact the normal farming practices both on the subject property and on surrounding properties. It is not anticipated that hosting special events on the property will have an impact on normal farm practices such as cropping cycles or on the spraying of crops. No products will be created that will impact farming on adjacent lands nor will odour or dust be generated by the proposed lands uses. The special events are proposed to take place on a seasonal basis over the spring to fall months inclusive while the farming use will continue as a year round activity and are therefore secondary from a temporal consideration. 11.13 Although the maximum lot coverage would limit the scale of the event venue operation, it does not adequately ensure that the event venue remains accessory and dependent on the primary farming operation. Since special events in general are not inherently dependent on the existence of a farm, it is conceivable that the farm use can cease thereby making the event venue the primary use of the property which was a concern noted at the public meeting. In order to ensure that this link is preserved and the event venue remain truly secondary and accessory to the farming operation, the site specific zoning amendment must provide that the event venue is only permitted as an accessory use to the farming operation. This would mean that if the primary farming use were to cease, the event venue would no longer qualify as an accessory use and would not be permitted to continue. 11.14 Concerns were communicated at the public meeting that the quantity of meat raised on site would only be sufficient to supply the demand created by event guests and therefore the events could not be considered a secondary operation. The concept of a secondary use does not require the consumption of only products from the farm. Other farm event venues do not raise any livestock but in most cases there is a farm atmosphere and an opportunity to utilize some farm produce (Bloomfield Farms, Events by Grace). Municipality of Clarington Report PSD-007-17 Page 17 11.15 The applicant maintains that the special events use will function as an added seasonal market for the meat raised on-site in addition to the existing year-round farm gate sales of meat that will continue by customer appointments. Therefore the demand for the farm’s meat products won’t be generated solely from the events but also from farm gate sales. Additionally, locally sourced produce will be brought in from off-site to supplement event menus as it would not be possible to grow the variety of food typically served at an event such as a wedding. This added demand for local food products is expected to have a positive local economic impact. 11.16 While the on-farm diversified use is to be secondary in scale, it could still be the primary profit centre for the farm. The income derived from the on-farm diversified use has the potential to increase the financial return to the farmer and result in improved viability of the existing farming operation. Compatibility of agri-tourism use with agriculture use and rural area 11.17 The events venue must be able to co-exist with and not hinder the agricultural operations. The area to be used for the special events is situated on land that is not in cultivation, therefore no additional land will be removed from agricultural production. All the buildings and structures associated with the special events including the mobile washrooms, temporary culinary facility, parking area, new driveway and the two existing farm buildings are located on lower productive agriculture soils classified as Canada Land Inventory 5 soil (CLI 5). Lands that are considered to be Prime Agricultural Lands as defined in the Greenbelt Plan have CLI 1-3 soils or are designated Prime Agricultural Areas in the Official Plan, neither of which is the case for the area proposed for the special events. 11.18 There are six livestock facilities within 1000 metres of the land proposed to be used for the events venue. In order to prevent potential land use conflicts between odour producing livestock operations on a neighbouring property and the proposed special event use, there must be sufficient distance between the two types of uses. A Minimum Distance Separation (MDS) calculation was completed by the applicant to determine the minimum required setback from the special events use to the existing livestock facilities within 1000 metres of the subject lands and it demonstrated that the proposed use complied with all recommended minimum setbacks to each livestock facility. The minimum required MDS setbacks and actual setback to each livestock facility are as follows: Barn Location MDS required setback Actual setback 3865 Morgans Road 156 metres 516 metres 4159 Concession Road 4 81 metres 785 metres 4146 Concession Road 4 165 metres 840 metres 4098 Concession Road 4 127 metres 885 metres Municipality of Clarington Report PSD-007-17 Page 18 Barn Location MDS required setback Actual setback 4140 Concession Road 3 92 metres 899 metres 4160 Concession Road 3 154 metres 873 metres 11.19 The special events use must not adversely affect the ability for surrounding farms to carry on normal farm practices. A farmer located to the east of the subject property raised a concern that the spreading of manure and/or chemicals on the neighbouring farm can be unpredictable due to winds which can create unpleasant odours over the subject lands and be unpleasant for event guests. Spray drift is not expected to be an issue as there is a separation distance of approximately 228 metres from the neighbouring farm field to the proposed event building. In addition, OMAFRA suggests the use of best management practices for the application of pesticides and fertilizers is the responsibility of the person applying chemical to ensure no drift occurs on adjacent properties. 11.20 It is acknowledged that the proposed events venue must be limited in scale to limit potential impacts related to traffic, noise, light pollution and the privacy of neighbouring properties. The applicant will require site plan approval through which Staff will review the proposed development and contain provisions that noise is limited as much as possible and, if necessary, monitored at the applicant’s expense, parking areas are well screened, any entrance lighting is directed away from neighbouring properties, the floor area used for the events is limited and the uses are secondary and accessory to the primary agricultural use of the property. 11.21 Typically, events will require the use of microphones, speakers and typical disc jockey equipment. The applicant indicates that music will generally end by 11:00 pm while events will end by no later than midnight, following which guests would be departing. The nearest dwelling on a neighbouring property is located approximately 240 metres to the east of the Quonset-style building in which the music will originate. A noise impact study would be required in support of the Site Plan Approval application, and it will provide recommendations on how best to manage noise to have the least impact. 11.22 The applicant has proposed 65 parking spaces to accommodate a maximum of 233 guests basing this number upon the Zoning By-law’s minimum parking requirement for an assembly hall of one parking space for every four guests. At this ratio 59 parking spaces would be the minimum number required. Parking will only be permitted within the designated parking area on the property and will not be permitted along Morgans Road. Should a problem arise ‘No Parking’ signs could be posted. Municipality of Clarington Report PSD-007-17 Page 19 Site Servicing 11.23 The applicant submitted a Hydrogeological Assessment Report (Geo-logic, June 2015) to determine the site’s suitability in terms of available groundwater water quality and quantity which concluded that the site can accommodate a sewage system that would serve 233 patrons. Any additional capacity would require a larger sewage system that would require an Environmental Compliance Approval through the Ministry of Environment. The applicant has proposed to initially utilize one 10 stall enhanced mobile washroom facility on a temporary basis during the start-up period of the special events use. The Health Department advised that could function for a maximum of three years. The mobile washroom facility would be removed at the end of each event season. Should the special events use prove to be economically viable, a private septic system will be installed to serve the special events use in place of the proposed mobile washroom facility. Although the proposed maximum number of guests was initially constrained by the site’s servicing capacity, the mobile washroom facility will not allow for an increase to the maximum number of guests as the maximum number of guests will be specifically restricted as much as possible through total floor area limitations and maximum parking requirements in the Zoning By-Law and the site plan agreement. Driveway and Entrance 11.24 The applicant has now proposed a new entrance directly across from Cowanville Road to function as the entrance for event guests. Clarington Engineering staff have conducted a site visit and are satisfied that the proposed new entrance will provide sufficient visibility and can function as a commercial entrance. Providing appropriate lighting to enhance safety at the proposed entrance will be considered at the site plan stage. 11.25 Concerns that Morgans Road would not be capable or appropriate to accommodate the increased volume of traffic generated by the events have been communicated by local residents. The Clarington Engineering Services Department have indicated that although this is a low volume road it will have the capacity to accommodate the expected increase in traffic volume. A traffic impact study was not required as part of this proposal. 11.26 It should be noted that the applicant will incur significant cost for this project to proceed including the site application, installing the new driveway, improving the barn structure to meet building code standards for occupancy and a new septic system. 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the applications for Official Plan amendment and Zoning By-law amendment as contained in Attachments 1 and 2 be approved. Municipality of Clarington Report PSD-007-17 Page 20 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: David Addington, Planner I, 905-623-3379 ext. 2419 or daddington@clarington.net Attachments Attachment 1 – Official Plan Amendment and Adopting By-law Attachment 2 – Zoning By-law Amendment The following is a list of the interested parties to be notified of Council’s decision: Robert K. Clark, Clark Consulting Services Jacqueline Mann, Clark Consulting Services Oswin and Deborah Mathias Philip Ngai Steven and Annette Weykamp Rommel Singh Mann Bruce Gard and Pat O’Connor-Gard Mary Anne Muizelaar Gordon Werry Ted and Beth Meszaros Eric Leeuwner Sonya Pratt DA/CP/df I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2015\ZBA2015-0015 3582 Morgans Road\Staff Reports\PSD-007-17.docx Municipality of Clarington Attachment 1 to Report PSD-007-017 AMENDMENT NO. 108 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit agri-tourism uses as an accessory use to a farm operation on the subject property, municipally known as 3582 Morgans Road, Clarke. BASIS: The amendment is based on an application submitted by Clark Consulting Services on behalf of the owner Deborah and Oswin Mathias to permit agri-tourism uses as an accessory use to a farm operation. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding a new policy to Exceptions, Section 23.17.18 as follows: “ 23.17.18 A seasonal event venue is permitted as an accessory on-farm diversified use on the subject property identified by assessment roll number 1817-030-030-16520 and municipally known as 3582 Morgans Road, subject to Site Plan Control and provided that such use occupies no more than approximately 2.5% of the subject lands.” IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan as amended, regarding the interpretation of the Plan, shall apply in regard to the Amendment. Corporation of the Municipality of Clarington By-law Number 2017______ being a By-law to adopt Amendment No.108 to the Clarington Official Plan Whereas Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto (COPA2015-0005); And Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the development of agri- tourism uses as an accessory use to a farm operation at 3582 Morgans Road, Former Township of Clarke; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment Number 108 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By-law shall come into force and take effect on the date of the passing hereof. By-law passed in open session this _____ day of ____________, 2017. ____________________________ Adrian Foster, Mayor ____________________________ C. Anne Greentree, Municipal Clerk Attachment 2 to Municipality of Clarington Report PSD-007-17 Corporation of the Municipality of Clarington By-law Number 2017-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 ZBA2015-0015; and Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law. 2. Section 6.4 “SPECIAL EXCEPTIONS – AGRICULTURAL ZONE (A) ZONE” is hereby further amended by adding thereto the following new Special Exception: “SECTION 6.4.91 AGRICULTURAL EXCEPTION (A-91) ZONE a. Notwithstanding Sections 6.1, those lands zoned “A-91” on the Schedules to this By-law, may in addition to other uses permitted in the Agricultural (A) Zone, be used for: i) meat processing accessory to a farm but not including an abattoir ii) a seasonal special event venue accessory to a farm b. Regulations for Event Venue uses: i) Total Area of the Lot (maximum) 2.5% ii) Total Floor Area (maximum) 340 square metres iii) Number of parking spaces (maximum) 65 3. Schedule ‘2’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding – Agricultural Exception ((H)A-91) Zone”. 4. Schedule ‘A’ attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2017. ____________________________ Adrian Foster, Mayor _____________________________ C. Anne Greentree, Municipal Clerk