Mayor and Members of Council. Storey Samways Planning Ltd. DATE: March 8, SUBJECT: Planning Services Report

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1 TO: FROM: Mayor and Members of Council Storey Samways Planning Ltd. 330 RICHMOND ST., SUITE #204, CHATHAM, ONTARIO N7M 1P7 TELEPHONE (519) FAX (519) DATE: March 8, 2011 SUBJECT: Planning Services Report GENERAL FILE INFORMATION AND KEY MAP: Application: Combined Application for Consent (File B-18/11) and Zoning By-law Amendment (File D-28 DO/11/11/L) Hansen#: 6668 Owner: Purchaser: Location: Maurice Laprise Laprise Farms Ltd., c/o Jean-Marie Laprise 6653 St. Philippe Line Part of Lot 8, Concession 9 Roll Number: Community: Dover (North Kent) RECOMMENDATIONS: It is recommended that: 1. Council approve consent application B-18/11 concerning Part of Lot 8, Concession 9, in the Community of Dover, to dispose of a surplus dwelling (6653 St. Philippe Line) on a 1.04 ha (2.57 ac.) lot, subject to the following conditions: a) that the Chatham-Kent Zoning By-law be amended to rezone the severed parcel at 6653 St. Philippe Line from Agricultural, (A1) to a site-specific Agricultural, (A1-1173) Zone which will permit a single detached dwelling on a lot created as a result of a consent, after January 1, 2006, with an area greater than 0.8 ha (1.98

2 Maurice Laprise / Laprise Farms Ltd., c/o Jean-Marie Laprise Page 2 ac.); b) that the Chatham-Kent Zoning By-law be amended to rezone the retained parcel from Agricultural, (A1) to a site-specific Agricultural, (A1-1212) to recognize the reduction in lot area; c) that the severed and retained parcels be transferred to Laprise Farms Ltd. (Purchaser) as outlined in the Agreement of Purchase and Sale; d) that the applicant(s) pay $85 for the cost associated with the apportionment of assessment under the Drainage Act related to the subject lands; e) that the applicant(s) demonstrate that the septic system on the severed lot is functioning in accordance with Municipal Protocol, and; f) that the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photo copies), including a copy of the reference plan, prior to certification. 2. Council approve the zoning amendment application D-28 DO/11/11/L and adopt the bylaw to implement the consent. DESCRIPTION OF PROPOSAL: The subject land is a 19.4 ha ± (48 ac. ±) farm parcel located at the north side of St. Philippe Line, east of Big Pointe Road. The parcel contains a dwelling and three outbuildings, all of which are deemed to be surplus to the farming operation of the purchaser, who farms an additional 890 ha (2200 ac.) in the area. The base of operations of the purchaser is located at 7359 Maple Line. It is proposed that the dwelling and outbuildings be severed on a 1.04 ha (2.57 ac.) lot. As the proposed severed lot is greater than that permitted as-of-right in the Zoning By-law, an amendment will be required to permit a dwelling on a lot created as the result of a consent with an area greater than 0.8 ha (1.98 ac.). The by-law will be amended to recognize the further reduction in lot area of the retained parcel. The applicant has indicated that there is no shared sub-surface drainage tile. The purpose of the zoning application is to implement the severance, according to the requirements of the Chatham-Kent Official Plan and the Provincial Policy Statement with respect to the creation of a lot for a surplus dwelling.

3 Maurice Laprise / Laprise Farms Ltd., c/o Jean-Marie Laprise Page 3 BACKGROUND: Severed Parcel Retained Parcel Official Plan Existing Zoning Dimensions m F x m D ( ft. x 302 ft.) Lot Area 1.04 ha (2.57 ac.) Existing Use single detached dwelling, three outbuildings and a corn crib Services municipal water and private septic system Access existing access Frontage m ( ft.) Area ha ± (45.4 ac. ±) Existing Use farmland Access existing access Agricultural Area Agricultural, (A1) CONSULTATION: At the time of writing, no unfavourable comments have been received from any of the agencies canvassed and the Technical Advisory Committee (TAC) supports the application. ANALYSIS: Community Strategic Plan The recommendations in this report do not support, negatively or positively, a specific objective of the Community Strategic Plan. They are neutral issues. Provincial Policy Statement Section (c) permits, a residence surplus to a farming operation as a result of farm consolidation, to be severed, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. Comment The application is consistent with the PPS definition of a residence surplus to a farming operation and future dwellings will be prohibited on the retained farm parcel through the amending by-law. Chatham-Kent Official Plan

4 Maurice Laprise / Laprise Farms Ltd., c/o Jean-Marie Laprise Page 4 Section (b) (agricultural consent policies) of the Chatham-Kent Official Plan supports consents to sever a lot where a previous or current farm acquisition has rendered a habitable farm dwelling surplus to the needs of the farm operation, subject to the following conditions: i) The farm parcel shall be zoned so as to prohibit the construction of any additional dwellings. Comment Section (a), of the Chatham-Kent Zoning By-law prohibits additional dwellings on a lot created as a result of a consent to sever a dwelling, after January 1, 2006, with an area greater than 0.8 ha. ii) The non-farm parcel will be zoned to recognize the non-farm residential use. Comment Section (t), of the Chatham-Kent Zoning By-law permits a single detached dwelling on a lot created as a result of a consent after January 1, 2006 with a lot area of 0.8 ha or less. In this situation, the proposed dwelling lot is over 0.8 ha. Therefore, the zoning by-law must be amended to permit a dwelling on this lot. iii) Any livestock facilities to remain on the severed or retained parcel will be made unsuitable for further livestock operations if the MDS I provisions cannot be met. Comment The application complies with MDS I. iv) The implementing zoning by-law will not impose a setback on nearby expanding livestock operations greater than that required by the application of Minimum Distance Separation II Formula including the MDS Guidelines. Zoning Comment The application indicates that there is no livestock present within 500 metres of the subject parcel. The Chatham-Kent Zoning By-law contains provisions under the Agricultural, (A1) Zone, which are intended to reduce the need for zoning amendments that have typically been a requirement of all surplus dwelling severances. Those provisions include the prohibition of new dwellings on retained farm parcels resulting from the severance of a surplus dwelling and automatically recognize the non-farm use of the severed lot less than 0.8 ha (1.98 ac.). In this case, the lot area of the proposed dwelling lot is greater than 0.8 ha (1.98 ac.). Therefore, a zoning amendment affecting the severed parcel is necessary in order to permit a single detached dwelling on a lot created as a result of a consent, after January 1, 2006, with an area greater than 0.8 ha (1.98 ac.).

5 Maurice Laprise / Laprise Farms Ltd., c/o Jean-Marie Laprise Page 5 In addition, the remnant farm parcel will be further undersized in relation to the lot area requirement of the Zoning By-law as a result of the removal of the surplus dwelling lot. Therefore, the by-law must be amended to recognize the reduction in lot area of the retained parcel from 19.4 ha (48 ha) to ha (45.4 ac.). Conclusion The proposed consent and zoning amendment have been reviewed in the context of the Provincial Policy Statement, the Official Plan and Zoning By-law and will conform with the approval of the necessary zoning amendments. Therefore, the application is being recommended for approval subject to the conditions noted in the Recommendation of this report. FINANCIAL IMPLICATIONS: There is a nominal change in property taxes anticipated as a result of this application. Prepared by: Reviewed by: Robert Brown, MCIP, RPP Storey Samways Planning Ltd. Ralph Pugliese, MCIP, RPP, DPA Director, Planning Services S:\C-K Documents\ACTIVE FILES\31101\31101 Laprise Report.doc

6 Maurice Laprise / Laprise Farms Ltd., c/o Jean-Marie Laprise Page 6 Looking north at the existing dwelling on the proposed severed lot Looking northwest over the retained parcel Looking northwest at the existing dwelling on the proposed severed lot Looking northwest over the access to the retained parcel

7 Maurice Laprise / Laprise Farms Ltd., c/o Jean-Marie Laprise Page 7