EVALUATION REPORT PLANNING DEPARTMENT

Transcription

1 EVALUATION REPORT PLANNING DEPARTMENT To: Chair and Members of the Committee of Adjustment and Council, Municipality of North Middlesex From: Stephanie Poirier, Planner, County of Middlesex Date: Re: Application for Consent B & Application for Zoning By-law Amendment ZBA Part Lots 14 & 15, Concession NB, Southside of County Road 45 (Geographic Township of McGillivray) 4149 Mount Carmel Drive Applicant: Mark and Annette Stephan As Council will recall, Consent and Zoning By-law Amendment applications No.: B and ZBA to facilitate a surplus farm dwelling severance at 4149 Mount Carmel Drive were brought to Council on March 7 th It was determined during this Council meeting that the applications would be deferred based on discussions concerning lot line configuration and the removal of a silo on the retained parcel. The concerns that were raised during the March 7 th Council meeting will be addressed in the analysis section of the report. Background: The purpose and effect of the Application for Consent is to sever a surplus farm residence on a lot with a frontage of approximately 82 m (269 ft) and an area of approximately 0.85 ha (2.1 ac) from a farm parcel with a total area of approximately 50 ha (123.5 ac). Application for Zoning By-law Amendment ZBA was submitted concurrently with the Application for Consent. The Zoning By-law Amendment application seeks to rezone the lands proposed to be severed from General Agricultural (A1) Zone to Agricultural Small Holding (AG1) Zone to recognize residential use of the lands. The proposed Zoning By-law Amendment also seeks to rezone the lands proposed to be retained from General Agricultural (A1) Zone to General Agricultural Exception 69 (A1-69) to prohibit new dwellings from being established on the lands. The proposal is summarized below: Lands to be severed and rezoned AG1 Lands to be retained and rezoned A1-69 Lot Frontage 82 m (269 ft) Mount Carmel Drive 556 m (1,824 ft) Mount Carmel Drive Lot Depth 108 m (354 ft) 697 m (2,286 ft) Lot Area 0.85 ha (2.1 ac) 49.2 ha ( ac) 1

2 The lands proposed to be severed contain an existing single detached residential dwelling, a driveshed, and a shed. The applicants have proposed an irregular lot configuration for the lands proposed to be severed in order to accommodate an existing access onto the retained lands adjacent to the west lot line, and to include the existing trees along the east lot line. The lands are serviced by a publically owned and operated piped water system and a privately owned individual septic system. The lands proposed to be severed include an existing access from Mount Carmel Drive (County Road 45). Mount Carmel Drive is classified as a Collector road under the authority of the County of Middlesex. The lands to be retained contain a barn, barnyard and silo. The lands proposed to be retained are un-serviced as they are used for agricultural purposes. The lands proposed to be retained include an existing access from Mount Carmel Drive. A portion of the lands are regulated by the Ausable Bayfield Conservation Authority. Surrounding land uses are predominantly agricultural in nature. Policy and Regulation Background: The subject lands are located within a Prime Agricultural Area as defined by the 2014 Provincial Policy Statement and within the Agricultural designation of the County and North Middlesex Official Plans. Additionally, portions of the subject lands have been identified as Hazard Lands on Schedule A of the North Middlesex Official Plan. Portions of the subject lands are regulated by the Ausable Bayfield Conservation Authority. The lands are located within the General Agricultural (A1) Zone of the North Middlesex Zoning By-law. Provincial Policy Statement (PPS) Section (c) of the PPS directs that lot creation may be permitted for a residence surplus to a farming operation as a result of farm consolidation, provided the new lot is limited to a minimum size needed to accommodate the use and appropriate sewage and water services, and new residential dwellings are prohibited on the remnant parcel of farmland. County of Middlesex Official Plan Section (a) of the Plan indicates that consents to sever a residence surplus to a farming operation as a result of farm consolidation may be permitted, provided the residence was built prior to January 1, 1999 and that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. North Middlesex Official Plan Locally, Section 6.2(d) of the North Middlesex Official Plan states that, with the exception of lands designated as Resource Extraction within the Rural Area, where a dwelling is acquired through farm consolidation and is surplus to the needs of the farm operations it may be severed conditional upon the following criteria, as summarized below: i. Surplus residence was constructed prior to January 1, 1999; 2

3 ii. Severed parcel should be generally only as large as necessary to accommodate on-site water and septic facilities and should generally be a maximum of 1 ha; iii. As a condition to the approval, a zone change will be required that includes a new minimum lot area for the retained lands and prohibits residential use of the retained lands unless being merged with abutting lands containing a dwelling; iv. Proposed severed lot shall comply with MDS I; v. Where farm buildings and structures exist near the surplus residence and are not required for the farm operation, a condition to the approval may be demolition of the buildings or structures unless they can be made unsuitable for housing of livestock and do not necessitate an inappropriately sized severed parcel; vi. Severed parcel can be adequately serviced (upgrades may be required); vii. Adequate vehicular access to both parcels shall be possible (upgrades may be required); viii. No adverse effect on natural and built heritage features, and; ix. Natural hazard concerns on the severed and retained parcels are addressed North Middlesex Zoning By-law The General Agricultural (A1) Zone permits a wide range of agricultural and related uses. It requires a minimum lot frontage of 150 m and a minimum lot area of 39 hectares. The Agricultural Small Holdings (AG1) Zone is intended to recognize lots created by surplus farm dwelling consents. It permits a single-detached dwelling, accessory use, home industry and home occupation and requires a minimum lot frontage of 50 m, a minimum lot area of 4,000 m², and a maximum lot area of 1.0 ha. Analysis: The Provincial Policy Statement (PPS), County Official Plan and Municipality s Official Plan generally permit lot creation in agricultural areas to dispose of a dwelling surplus to a farming operation as a result of farm consolidation, subject to evaluation criteria. Staff are satisfied that a farm consolidation has been achieved and that the residence may be deemed surplus to the needs of the farming operation as a result of farm consolidation. The applicants have provided supplementary information that demonstrates ownership of a number of farm holdings containing additional dwellings and have indicated that the existing dwelling was constructed circa The Provincial Policy Statement directs that lot creation may be permitted for a residence surplus to a farming operation as a result of farm consolidation, provided the new lot is limited to a minimum size needed to accommodate the use of an appropriate sewage and water services. The North Middlesex Official Plan indicates that the severed parcel should generally only be as large as necessary to accommodate on-site water and sanitary disposal facilities and should generally be a maximum of 1.0 ha (2.47 ac) in size. Staff note that the area of the lands proposed to be severed appear to be larger than necessary to accommodate water and sewage services. However, the applicants are proposing the severed lot to be 0.85 ha (2.1 ac), remaining under the maximum size of 1.0 ha (2.47 ac). 3

4 The applicant has proposed the lot to be severed to extend beyond the minimum size needed to accommodate the use of an appropriate sewage and water services, in order to include existing trees on the property. Staff recommend that the east lot line be straightened out and the lot frontage be reduced accordingly. Staff do not anticipate negative impacts to the existing agricultural land or the surrounding area as a result of the proposed severance. The proposed severance was evaluated in accordance with the Minimum Distance Separation (MDS) Formula Implementation Guidelines. Staff note that MDS I formula is not applied when a dwelling to be severed is already located on a separate lot from an area livestock barn or facility. As the barn on lands proposed to be retained is recommended to be removed as a condition of approval, staff have determine that MDS I does not apply. Planning staff is satisfied that the criteria for the severance of a surplus farm residence on the lands have been met or can be appropriately addressed via conditions of consent. To facilitate the proposed severance and to fulfill a recommended condition of Application for Consent B , a concurrent zone change application was submitted. The subject lands are currently zoned General Agricultural (A1) Zone within the Zoning By-law. The applicant has requested to rezone the lands proposed to be severed from General Agricultural (A1) Zone to Agricultural Small Holding (AG1) Zone to recognize the residential use of the lands. The applicant has also requested that the lands proposed to be retained be rezoned from General Agricultural (A1) Zone to General Agricultural Exception 69 (A1-69) to prohibit new dwellings from being established on the lands. It is the opinion of staff that the requested zone changes are appropriate. Staff have prepared a draft by-law for Council s consideration. Council Deferral As noted above, the Consent and Zoning By-law Amendment applications were deferred by Council on March 7 th, 2017 due to discussions concerning lot line configuration and the removal of a silo on the retained parcel. Concerns brought forward by the applicant during the Council meeting included drainage concerns in regards to the recommendation of straightening the east lot line as well as financial concerns with the recommendation of the removal of the silo on the retained parcel. Since the Council meeting on March 7 th, staff have spoken with the North Middlesex Public Works Department, who expressed no drainage concerns in regards to the recommendation of straightening the east lot line, as no physical changes would occur on the ground to trigger drainage changes. Staff are in the opinion that straightening the east lot line would allow the proposal to be in conformity with the Provincial Policy Statement, whereby the new lot is limited to a 4

5 minimum size needed to accommodate the use and appropriate sewage and water services, while also not creating drainage concerns. The silo on the proposed retained parcel is located in close proximity to the rear lot line of the proposed severed parcel, which would not meet the required front yard setback of 20m. Silos are generally utilized to store grain for animal feed in association with barns. Given the close proximity of the retained parcel to the residential dwelling on the severed parcel, livestock barns will not be permitted on the retained parcel at this location as it will not be able to meet the minimum distance separation setbacks and therefore there is no purpose for the silo to remain on the property. Since the March 7 th meeting staff have spoken with the applicant via telephone and by and it was determined that the applicant would still like to stay with the original proposed lot line configuration. The applicant was advised that the removal of the silo included the removal of the rubble as per the North Middlesex Chief Building Officials request. No comments on the removal of the silo have been received from the applicant at this time. Consultation: Notice of the application has been circulated to agencies, as well as property owners in accordance to the requirements of the Planning Act. Agency Comments a) Hydro One Hydro One indicated no comments or concerns with the proposed severance and rezoning b) Ausable Bayfield Conservation Authority The ABCA has indicated no natural hazard or natural heritage concerns with the requested severance and re-zoning. c) Municipality of North Middlesex Public Works The Municipality of North Middlesex Public Works Department have reviewed the application and have provided the following comments: Due to severance, the Assessment Schedule for the Ryan Municipal Drain 1984 is required to be reassessed under the Drainage Act R.S.O 1990, c D17 at the expense of the owner(s) in the format recommended by the Drainage Superintendent. The Ryan-Glavin Drainage Works 1967 is assessed but not affected by this severance application. d) County Engineer The County Engineer advised that the driveway on the retained lands could be moved and straightened, however he did not require the applicant to do so. The County Engineer is requiring that the applicant dedicate lands along the frontage of the severed lot up to 15m from the centerline of construction of Mount Carmel Drive to the County of Middlesex for the purposes of road widening if the right of way is not already to that width. 5

6 e) Municipality of North Middlesex Chief Building Official Municipality of North Middlesex Chief Building Official has indicated no record of a septic system within the property files, and requested that a pump out, inspection and evaluation be completed as a condition of approval. The Chief Building Official is requesting that the applicants obtain a change of use permit for the barn that is to remain on the severed lands, in order to prohibit any future livestock use. Public Comments At the time of writing the subject report, no comment or concerns had been received from the public regarding the proposal. Recommendation: THAT Application for Consent B , submitted under Section 53 of the Planning Act be GRANTED as the application: satisfies the requirements of the Planning Act; is consistent with the Provincial Policy Statement; conforms to the Official Plans of both the Municipality of North Middlesex and the County of Middlesex; is capable of satisfying the requirements of the North Middlesex Zoning By-law; and, represents sound land use planning. FURTHER THAT Application for Consent B 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 consent has been fulfilled. 2. That a Zoning By-law Amendment that appropriately rezones the severed lot and the retained lot of Consent B be in full force and effect. 3. That a plan of survey prepared by an Ontario Land Surveyor in a form suitable for registration be submitted to the Municipality. 4. That the agricultural building (bank barn) and agricultural storage (silo) located on the lands proposed to be retained be removed to the satisfaction of the Chief Building Official. 5. That the east lot line of the severed lands be straightened out and be located parallel to the drive way, 6m away, and that the area be reduced to approximately 0.67 ha (1.6 ac). 6. That verification of the septic location being wholly contained within the proposed severed lands be submitted to the Municipality. 7. That a pump out, inspection and evaluation of the septic system be completed to the satisfaction of the Chief Building Official. 6

7 8. That the applicant apply for and obtain a change of use permit for the retained farm outbuilding in order to prevent any future livestock use to the satisfaction of the Chief Building Official. 9. That the Assessment Schedule for the Ryan Municipal Drain 1984 is required to be reassessed under the Drainage Act R.S.O 1990, c D17 at the expense of the owner(s) in the format recommended by the Drainage Superintendent. 10. That the owner be required to dedicate lands along the frontage of the severed lot up to 15m from the centerline of construction of Mount Carmel Drive to the County of Middlesex for the purposes of road widening if the right of way is not already to that width. 11. That the Owner s Solicitor submits an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision. AND FURTHER THAT Zoning By-law Amendment Application ZBA for the severed and retained lots of Consent B in order to implement the severance of a surplus farm residence, be APPROVED. 7

8 APPLICATION FOR CONSENT: B03/2018 AND ZBA 2/2018 Owner: James Mark and Annette Veronica Stephan 4149 Mount Carmel Drive Parts of Lot 14 and 15, Concession NB Municipality of North Middlesex (McGillivray) Municipality of NORTH MIDDLESE CASSIDY RD MOUNT CARMEL DR Lot to be Severed, Conveyed and Rezoned Published by the County of Middlesex Planning Department 399 Ridout Street North, London, ON N6A 2P1 (519) February :6,000 Lot to be Retained and Rezoned CA Regulated Area µ m 260 Disclaimer: This map is for illustrative purposes only. Do not rely on it as being a precise indicator of routes, locations of features, nor as a guide to navigation.

9 APPLICATION FOR CONSENT: B03/2018 AND ZBA 2/2018 Owner: James Mark and Annette Veronica Stephan 4149 Mount Carmel Drive Parts of Lot 14 and 15, Concession NB Municipality of North Middlesex (McGillivray) Municipality of NORTH MIDDLESE MOUNT CARMEL DR 82 m 108 m 0.85 ha (2.1 ac) Published by the County of Middlesex Planning Department 399 Ridout Street North, London, ON N6A 2P1 (519) February 2018 Lot to be Severed, Conveyed and Rezoned Lot to be Retained and Rezoned 1:1, µ m Disclaimer: This map is for illustrative purposes only. Do not rely on it as being a precise indicator of routes, locations of features, nor as a guide to navigation.

10 5 MOUNT CARMEL DR A1-69 AG1 SEE MAP 4 CASSIDY RD ADARE DR BRINSLEY RD MAGUIRE RD SEE MAP 6 MOORESVILLE DR SEE MAP 9 THIS IS SCHEDULE "A" TO BY-LAW No. PASSED THE DAY OF, MAYOR CLERK ,050 M SCALE 1:15,000 ³

11 5 MOUNT CARMEL DR SEE MAP 4 CASSIDY RD A I 3 I 4 I 5 I 6 I 7 I 8 I 9 I 10 NORTH BOUNDARY CONCESSION AG1 ADARE DR BRINSLEY RD MOORESVILLE DR I 3 I 4 I 5 I 6 I 7 I 8 I 9 I 10 MAGUIRE RD SEE MAP 6 SEE MAP 9 THIS IS SCHEDULE "A" TO BY-LAW No. PASSED THE DAY OF, MAYOR CLERK ,050 M SCALE 1:15,000 ³