November 16, 2016 Page 1 of 6 Report No.: PDSD-P-62-16 Meeting Date: November 16, 2016 Submitted by: Subject: Ben Puzanov, RPP, Senior Planner Applications for Consent (B-21/16) and Zoning By-law Amendment; Bruce Alan Bycraft Estate 10097 Hedley Drive (Roll No. 393900003016000, 393900003010902 and 393900003010794) Recommendation: THAT Consent Application B-21/16, filed in order to sever a surplus farm residence on a lot with a lot frontage of approximately 76 metres along Hedley Drive and an area of approximately 0.615 hectares; from a property legally described as Part of Lot 6, Concession 9 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 10097 Hedley Drive; be granted. FURTHER THAT Consent B-21/16 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 a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-21/16 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owners solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent. 5. That the Owners solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision. 6. That the Owners enter into a severance agreement with the Municipality in order to advise future owners of the severed lot of Consent B-21/16 of normal farm practices 1
November 16, 2016 Page 2 of 6 occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended. 7. That any outstanding property taxes for the severed and retained lots of Consent B-21/16 be paid in full. 8. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner. 9. That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-21/16 and prohibits new dwellings on the retained lot of Consent B- 21/16 be in full force and effect. 10. That the shed and barn located at the southwest corner of the severed lot of Consent B-21/16 be removed from the land and that this be done with all of the appropriate permits from the Municipality. FURTHER THAT the reasons for granting Consent application B-21/16 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 Subject to a Zoning By-law Amendment, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law. AND FURTHER THAT the Zoning By-law Amendment, filed for the severed and retained lots of Consent B-21/16 in order to implement the severance of a surplus farm residence and modified in order to exclude the proposed 166.42 square metre residential accessory building size for the severed lot of Consent B-21/16, be approved. Purpose: The purpose of this report is to provide Council with a recommendation regarding a proposal to dispose of a surplus farm residence and a shed from a farm that is located on the south side of Hedley Drive and west of Coldstream Road. A location map is included in Attachment 1. Background: The purpose and effect of the consent application is to sever a surplus farm residence and an accessory building on a lot with a lot frontage of approximately 76 metres (249 ft) along Hedley Drive and an area of approximately 0.615 hectares (1.52 ac) from a farm holding with a lot area of approximately 36 hectares (89 ac). 2
November 16, 2016 Page 3 of 6 The subject zoning by-law amendment application seeks to rezone the severed lot of Consent B-21/16 from Agricultural (A1) to a site-specific Surplus Residence zone in order to recognize its proposed residential use and prohibit livestock and to recognize the 166.42 square metre (1,791.4 sq ft) accessory building that is proposed to remain on the severed lot of Consent B- 21/16. The application also seeks to rezone the retained lot of Consent B-21/16 from Agricultural (A1) to the Agricultural No Residences (A3) zone in order to prohibt new dwellings from being constructed on the land. The effect of the proposed zoning by-law amendment is to implement the severance of the surplus farm residence and accessory building. An illustration of the proposal is included in Attachment 2. Analysis: The subject land is designated Agricultural Area according to the County of Middlesex Official Plan and Agriculture by the Middlesex Centre Official Plan. The land is zoned Agricultural (A1) by the Middlesex Centre Comprehensive Zoning By-law. The criteria for proposals to sever surplus farm residences, as noted in Middlesex Centre s Official Plan, are provided below: 10.3.2.1 d) Consent to sever a residence surplus to a farming operation as a result of farm consolidation may be permitted, provided the following conditions are satisfied: i. Farm consolidation occurs or has occurred through the acquisition of an additional farm property. ii. The farming operation consists of at least two farms. The farms may be located in different municipalities and the registered ownerships of the farms need not necessarily be identical provided it is demonstrated that the farms are operated as a single operation. iii. The farming operation demonstrates that the acquired farm has rendered a residence surplus to the needs of the operation. iv. The residence was constructed prior to January 1, 1999. v. The residence is habitable, as determined by the Municipality s Chief Building Official. vi. The lot for the surplus farm residence is limited to the minimum size needed to accommodate the use and appropriate sewage and water services, including contingency areas. The loss of agricultural land shall be avoided wherever possible when determining an appropriate lot size. Environmental features, including but not limited to natural heritage features and natural hazards, will also be avoided when determining an appropriate lot size. vii. That safe ingress/egress for vehicles is possible for both resulting lots, which may necessitate new road entrances or road upgrades to be undertaken at the expense of the applicant. Environmental features, including but not limited to 3
November 16, 2016 Page 4 of 6 natural heritage features and natural hazards, will be avoided when considering new road entrances or road upgrades. viii. If required, a revised assessment schedule in accordance with the Drainage Act, as amended, is commissioned and paid for by the applicant. ix. The lot creation for the surplus farm residence is to comply with the Minimum Distance Separation I formula if there are livestock buildings on the remnant farm. x. Livestock are prohibited on the residential lot, specifically through the Municipality s Comprehensive Zoning By-law. xi. A notice is registered on the title of the lot that is to accommodate the surplus farm residence; specifically notifying future owners of normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended. xii. New residences are prohibited on any remnant farm lot resulting from the severance, specifically through the Municipality s Comprehensive Zoning By-law. xiii. If the remnant farm lot does not meet the minimum lot area and lot frontage standards of the Comprehensive Zoning By-law, the new minimum lot area and lot frontage that result are to be recognized through an implementing zoning bylaw amendment. This requirement shall not apply if the remnant farm is merged in title with an abutting farm. xiv. There are no negative impacts on natural and built heritage features as a result of the severance. xv. Natural hazard concerns relating to the severance are addressed to the satisfaction of the conservation authorities that have jurisdiction in the area. Planning staff is satisfied that the criteria for the severance of a surplus farm residence on the land have been met or can be appropriately addressed via conditions of consent. The applicant was intending to demolish a shed on the severed lot of Consent B-21/16 and keep and existing barn for the purposes of residential storage. Staff completed a site inpsection of the subject property as part of the review of the severance and rezoning applications and recommend that the existing shed and barn that are located at the southwest corner of the site both be removed because of their structural deficiencies. Given that both buildings are recommended for removal, staff is of the opinion that the site-specific Surplus Residence zoning that would have accommodated the 166.42 square metre (1,791.4 sq ft) barn is not necessary. It is anticipated that the future owner of the lot proposed to be severed will apply to construct a new residential accessory building in the same general location as the existing structures. The maximum total area permitted for all residential accessory buildings by the standard Surplus Residence zone is the lesser of 165 square metres (1,776 sq ft) or 3% of the lot area. Financial Implications: None. Strategic Plan: N/A 4
Attachment 1 November 16, 2016 Page 5 of 6 Location Map PARCEL PROPOSED TO BE SEVERED 458.6 0 229.29 458.6 Meters Legend Description: File Number: Created By: Date: Scale: Consent and Rezoning Bycraft Estate Ben Puzanov 10/24/2016 1: 9,027 Assessment Parcels Prepared By: Middlesex Centre
November 16, 2016 Page 6 of 6 Attachment 2: Proposal