2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law.

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1 November 16, 2016 Page 1 of 5 Report No.: PDSD-P Meeting Date: November 16, 2016 Submitted by: Subject: Recommendation: Ben Puzanov, RPP, Senior Planner Applications for Consent (B-23/16) and Minor Variance (A- 12/16); Al and Eleanor Edmondson Eight Mile Road, Roll No THAT Consent Application B-23/16, filed by Al and Eleanor Edmondson in order to sever and convey as a lot addition a parcel with an area of approximately hectares to the abutting 10.1 hectare property to the west known municipally as and Richmond Street; from a property legally described as Part of Lot 15, Concession 8 (geographic Township of London), Municipality of Middlesex Centre and known municipally as Eight Mile Road; be granted. FURTHER THAT Consent B-23/16 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That the severed lot of Consent B-23/16 be registered in the same name and title as the adjacent property to the west, known municipally as and Richmond Street; that the two holdings PINs be consolidated; and that Sections 50(3) and 50(5) of the Planning Act apply to any future conveyance of the said severed parcel. 4. That any outstanding property taxes for the severed and retained lots of Consent B- 23/16 be paid in full. 5. That Minor Variance A-12/16 be in full force and effect. FURTHER THAT the reasons for granting Consent Application B-23/16 include: The proposal is consistent with the Provincial Policy Statement; The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and 1

2 November 16, 2016 Page 2 of 5 Subject to the Minor Variance application that has been submitted, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law. FURTHER THAT Minor Variance Application A-12/16, filed by Al and Eleanor Edmondson for relief from the minimum lot area requirement of 40 hectares for farms within the Agricultural (A1) zone of the Middlesex Centre Comprehensive Zoning By-law, whereas the applicants are proposing a lot area of hectares for the lot proposed to be retained of Consent B-23/16; for a property legally described as Part of Lot 15, Concession 8 (geographic Township of London), Municipality of Middlesex Centre and known municipally as Eight Mile Road; be granted. FURTHER THAT Minor Variance A-12/16 not be subject to any conditions. AND FURTHER THAT the reasons for granting Minor Variance Application A-12/16 include: The request complies with the general intent and purpose of the Middlesex Centre Official Plan; The request complies with the general intent and purpose of the Middlesex Centre Comprehensive Zoning By-law; The request is minor in nature; and The request would facilitate an appropriate use of the land. Purpose: The purpose of this report is to provide Council and the Committee of Adjustment with recommendations regarding severance and minor variance applications for a property on the north side of Eight Mile Road and east of Richmond Street (Highway 4). Background: The purpose and effect of Consent application B-23/16 is to sever and convey as a lot addition a parcel of land with an area of approximately hectares (13.24 ac) from the property known municipally as Eight Mile Road to the abutting 10.1 hectare (25 ac) property to the west known municipally as and Richmond Street. The purpose and effect of Minor Variance application A-12/16 is to recognize the hectare (25.6 ac) lot area of the proposed retained lot of Consent B-23/16 given that the Zoning By-law requires a minimum lot area of 40 hectares (98.8 ac). A location map that illustrates the proposal is included in Attachment 1. 2

3 November 16, 2016 Page 3 of 5 Analysis: The subject land is designated Agricultural Areas according to the County of Middlesex Official Plan and Agriculture by the Middlesex Centre Official Plan. The parcels proposed to be severed and retained as well as the proposed receiving lot are all zoned Agricultural (A1). Similarly to the Provincial Policy Statement and the County of Middlesex Official Plan, the Middlesex Centre Official Plan permits boundary adjustments in agricultural areas provided nonviable farm parcels are not created and agricultural activities are not adversely affected. The subject severance would transfer hectares (13.24 ac) of land from an undersized farm of hectares (38.8 ac) to an abutting undersized farm with an area of 10.1 hectares (25 ac). The lot proposed to be retained would have an area of hectares (25.6 ac) while the enlarged receiving farm will have an area of hectares (38.2 ac). Staff is satisfied that the proposed boundary adjustment would not result in any adverse impacts on agricultural activities. Given that the subject farm is bisected by portions of a significant woodland, the transfer of the arable land at its northerly limit to the farm to the west would be beneficial for agricultural activities as this would allow additional flexibility for maneuvering large farming equipment on the land. The parcel proposed to be severed would be accessed from the proposed receiving lot via a crossing that was recently installed by the owners of that property in consultation with the Upper Thames River Conservation Authority (UTRCA). A number of discussions and site meetings were held between the landowners as well as UTRCA and municipal staff in order to determine an appropriate lot configuration that avoids fragmenting natural heritage features and takes into account the regulation limit of the UTRCA. The proposal as submitted was deemed to be most appropriate based on the reviews of municipal and conservation authority staff. A minor variance application has been filed to recognize the reduced lot area of the parcel proposed to be retained of consent application B-23/16. The proposed lot adjustment involves two undersized agricultural properties and the resulting lot areas would be almost identical to the areas that exist today, with the proposed receiving farm becoming the larger property. Staff is satisfied that the proposal would facilitate appropriate use of the land and that the impacts from the requested relief would be minor given that agricultural activities would continue on the land in the same manner as is currently the case. The general intent and purpose of the Middlesex Centre Official Plan and Comprehensive Zoning By-law as it relates to the minimum lot area standard for agricultural properties in the Municipality is to ensure that farm properties are sufficiently large to be viable and to provide farmers with flexibility to adapt their operations as needed. As outlined, staff is of the opinion that the requested relief would not adversely impact agricultural activities but would instead offer 3

4 November 16, 2016 Page 4 of 5 the farm operator who farms the land additional space for maneuvering farm equipment in this area. Financial Implications: None. Strategic Plan: N/A 4

5 Attachment 1: Location Map and Proposal November 16, 2016 Page 5 of 5 RIC HM ON T DS EIG M HT R ILE D LOCATION MAP Description: EIGHT MILE ROAD PROPOSED LOT ENLARGEMENT LEGEND Parcel Proposed to be Severed Parcel Proposed to be Retained Proposed Receiving Lot Prepared by: Planning Development, The County of Middlesex, October 27, :6, Meters 300