Department of
Community
& Development Services
Telephone (905) 468-3266
Facsimile (905) 468-0301
1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0
Submitted on:
November 26, 2012
Report:
CDS-13-002
Report To:
Community & Development Advisory Committee
Subject:
North Side Niagara Stone Road, Part of Lots 154 & 155
Proposal to Permit Agricultural Purposes Only (APO) Re-zoning
1. RECOMMENDATION
It is respectfully recommended that subject to the result of the public meeting:
1.1 The zoning amendment application for North Side Road, Part of Lots 154 and 155, to re-zone Part 1 from “Rural (A) Zone” to an “Agricultural Purposes Only (APO) Zone” be forwarded to Town Council for adoption.
1.2 The proposed zoning by-law amendment is consistent with the Provincial Policy Statement, Provincial Policy Plans, Regional Policy Plan and the Town Official Plan.
2. PURPOSE / PROPOSAL
The applicant is requesting a zoning by-law amendment to re-zone 11.0 ha (27.18 ac) of land, shown as Part 1, to an “Agricultural Purposes Only (APO) Zone” to preclude the construction of a dwelling.
3. BACKGROUND
On November 20, 2012, Consent Application B-21/12 was granted conditional approval by the Town Committee of Adjustment to convey 4,047 m
2
(1.00 ac) of land, Part 2, with a dwelling, garage, and a barn, known municipally as 1068 Niagara Stone Road, for residential use. 11.0 ha (27.18 ac) of land, Part 1, is to be retained for farm land use. (
Please refer to Appendix “D”
).
That application was the result of the acquisition of additional farm land by a farmer who owns a number of farm parcels (approximately 22.92 ha [56.64 ac] in total). The dwelling on Part 2 is surplus to the needs of the purchasing farmer. As a condition of the severance approval, the applicant is required to re-zone the 11 ha (27.18 ac) portion (Part 1) to an “Agricultural Purposes Only (APO) Zone” to prevent its use for residential purposes in perpetuity. The Notice of Decision for Consent Application B-21/12 is attached as Appendix “E.”
In addition, the applicant submitted an application for a boundary adjustment for 1090 Niagara Stone Road (Consent Application B-26/12) which will slightly increase its lot area as well as slightly decrease the lot area for Part 1 from that which was approved at the Committee of Adjustment hearing on November 20, 2012. (
Please refer to Appendix “F”
). The proposed expansion in lot area for the property at 1090 Niagara Stone Road (shown as Parts 2, 3 & 4) will enlarge the overall lot area for the property and provide for an increase in setback for the sanitary septic system from the northerly property boundary. This application was granted conditional approval by the Committee of Adjustment at the December 2012 hearing. The Notice of Decision for Consent Application B-26/12 is attached as Appendix “G.”
4. CONTEXT
Site Description
The subject parcel, shown as Part 1 on the drawing submitted, has 281.52 m (923.62 ft) frontage on the north side of Niagara Stone Road, lying east of Concession 7 Road, being Part Niagara Township Lots 154 and 155, Town of Niagara-on-the-Lake. Part 1 is to be added to the holding of an existing farm operation. Part 2 (
Please refer to Appendix “D”
) and Parts 2, 3 and 4 will be used for residential use. (
Please refer to Appendix “F”
).
Figure 1: Location Plan
Figure 2: Part 1 to be Re-zoned Agricultural Purposes Only (APO) Zone.
Surrounding Land Use
The property is located along Niagara Stone Road in the agricultural area. The surrounding area is predominantly agricultural and mainly planted in vineyards with residential uses fronting onto Niagara Stone Road and agricultural uses behind. In addition, the Diamond Estate Winery is located close by and the St. Michael’s Elementary School is located to the east of the property further away on Niagara Stone Road.
Planning Policy Documents
The Provincial Policy Statement, Greenbelt Plan, Regional Policy Plan and Town Official Plan all provide for the re-zoning of an agricultural parcel from the Rural (A) Zone to the Agricultural Purposes Only (OPA) Zone consequent on a severance to create a surplus lot, provided the remnant lot is zoned to preclude future residential development. The proposed Agricultural Purposes Only (APO) Zone achieves this requirement.
Zoning By-Law 500A-74, as amended
The lands are presently zoned "Rural (A) Zone" by Zoning By-law 500A-74, as amended, which permits a single detached residential use as well as agricultural and farm related uses.
The minimum lot size for a farm parcel located in a “Rural (A) Zone” is 4.05 ha (10.0 ac). Permitted uses on parcels that are 4.05 ha (10.0 ac) or more in size include a farm, a farm dwelling and farm buildings. An amendment of the By-Law is required to preclude residential use on the farm parcel (Part 1).
Figure 2: Existing Dwelling
Residential lots created by consent in a “Rural (A) Zone” require a lot frontage and depth of 60.96 m (200.0 ft), and a lot area of 3,716.12 m
2
(40,000.0 ft
2
). The proposed lot area, frontage and depth meet the minimum requirements of the Zoning By-Law for residential lots created by consent, and no amendment to the zoning by-law will be required.
Figure 3: Existing Accessory Buildings
Heritage and Urban Design Considerations
There are no heritage or urban design considerations regarding this proposal.
Circulation Comments
The application was circulated to other Town Departments and outside agencies. No adverse comments were received.
Regional Municipality of Niagara
The Region supports the proposal to re-zone Part 1 to an Agricultural Purposes Only (APO) Zone. At the time of pre-consultation, there was an issue regarding whether or not there was sufficient land for a replacement sceptic system if one was required in the future. However, this has since been resolved and the Region has confirmed in writing that while the size of the property does not meet the typical minimum requirement for private sewage system purposes, given the legal non-conforming status of the system, there is no objection to the proposal.
The comments received through the circulation are summarized on Appendix “C”.
Public Meeting
The statutory Public Meeting regarding the proposed zoning amendment is scheduled for January 14, 2012.
5. DISCUSSION / ANALYSIS
The subject property is located within the agricultural area boundary in an area that is predominately agricultural in use. Part 1 is being purchased by a farmer who owns other farm properties in the area and is to be consolidated with the overall farming operation.
In order to satisfy the approval conditions of Consent Application B-21/12, the applicant is required to re-zone Part 1 to “Agricultural Purposes Only (APO) Zone” to preclude the construction of a dwelling. The subject proposal meets the criteria for a surplus farm dwelling based on the following:
§
The proposed consent resulted from the acquisition of additional farm land by a farmer who owns a number of farm parcels (approximately 22.92 ha (56.64 ac)) in total).
§
The existing single detached dwelling, which pre-dates the Greenbelt Plan, is surplus to the needs of the purchasing farmer whose principle residence is located on Line 2 Road, Niagara-on-the-Lake.
§
To comply with the policies of the Provincial Policy Statement and the Regional Policy Plan with respect to precluding new residential dwelling on the remnant farm parcel, a condition of approval will be required to re-zone Part 1 to the Agricultural Purposes Only (APO) Zone.
The residential lot (Part 2) will not retain any active agricultural land and is sized to include the existing accessory buildings on the property that the purchasing farmer does not want or need. (
Please refer to Appendix “D”
). This application meets the intent of the relevant policies for a surplus farm dwelling, as the size of the non-farm parcel has been minimized and no land is taken out of active agricultural production. Additionally, due to its use and size, the retained land has little opportunity of being used for agricultural purposes.
The application which proposes to rezone 11.0 ha (27.18 ac) of land to Agricultural Purposes Only (APO) Zone to preclude the construction of a dwelling meets the intent of the relevant policies for protecting the agricultural land base as set out in the Provincial, Regional and local policy documents.
In addition, the property at 1090 Niagara Stone Road is an (existing) undersized lot which was created prior to the adoption of Zoning By-Law 500A-74. The private sanitary septic system was constructed at the rear of the property and extends onto the abutting land. Consent Application B-26/12 proposes to address this encroachment by the addition of a small portion of land on the northern side of the property (Part 2) and also add a small strip of land (Part 3) along the western side of the property to provide a more regular lot formation. This satisfies the provisions in the Provincial, Regional and Town land use planning policies for a minor boundary adjustment as no new residential lot will be created and no land will be lost from agricultural production.
The consent policies of the Greenbelt Plan, Provincial Policy Statement and Regional Niagara Policy Plan allow the severance of a surplus farm dwelling where there is a land consolidation and where the remnant farm parcel is re-zoned to preclude further residential development in the form of a new dwelling on the land in perpetuity. Further, the consent policies also provide for a boundary adjustment in cases where the parcel to be retained is large enough to support a potentially viable farm operation; where there is no increased fragmentation of a key natural heritage feature or key hydrological feature; where no separate lot is created for a residential dwelling; and where the boundary adjustment is minor.
These policies work together to protect against future residential development in the Protected Countryside and to preserve the “Tender Fruit and Grape Lands” for agricultural uses. The proposed “Agricultural Purposes Only (APO) Zone” identified as Appendix "A" achieves this requirement.
6. FINANCIAL IMPLICATIONS
There are no costs or revenue implications for the Town arising from this application except administrative costs associated with processing the application.
7. COMMUNICATION / NEXT STEPS
Attached for Council’s consideration is the proposed draft site specific zoning by-law. Should Council adopt the proposed zoning by-law amendment, there will be a twenty (20) day appeal period after which the by-law will be in effect if no appeals are received.
8. CONCLUSION
The attached Zoning By-Law amendment fulfills the conditions of the consent approval and will provide for the long-term protection of agricultural land for agricultural uses consistent with Provincial, Regional, and Town policies and is recommended for approval.
Written by, Respectfully submitted,
Kay Grant John Henricks
Development Planner II Manager of Planning Services
Milena Avramovic Mike Galloway
Director of Community Chief Administrative Officer
& Development Services
ATTACHMENTS
Appendix B __ PPS -- NS Niagara Stone Road.doc
Appendix C__ CIRCULATION SUMMARY SHEET - 1068 Niagara Stone Road.doc
Appendix A __ Zoning By-Law -- NS Niagara Stone Road.doc
Appendix E _ Notice of Decision.pdf
Appendix F.pdf
Appendix D.pdf
Schedule 1068 Niagara Stone Road.pdf
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