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:
April 20, 2017
Report:
CDS-17-034
Report To:
Community & Development Advisory Committee
Subject:
1446 Line 6 Road - Zoning By-law Amendment
1. RECOMMENDATION
It is respectfully recommended that:
1.1 The Zoning By-law Amendment for 1446 Line 6 Road be approved; and
1.2 The draft Zoning By-law Amendment, attached as
Appendix B
and
Appendix B1
to this report, be forwarded to Council for adoption.
2. PURPOSE / PROPOSAL
An application for a Zoning By-law Amendment has been submitted to facilitate a future boundary adjustment between the subject property (1446 Line 6 Road) and the abutting property (1430 Line 6 Road). Arising from the proposed boundary adjustment are changes in zoning for Parts 1 and 2, shown in Map 4: Proposal of
Appendix A
.
The subject property, 1446 Line 6 Road, is shown as Parts 1 and 2 of Map 4: Proposal of
Appendix A
. Part 1 is proposed to be rezoned from Rural (A) - Site Specific to Agricultural Purposes Only (APO). Part 2 will be rezoned to recognize the lot frontage of 38.37 metres (125.9 feet).
Should this application be approved, a subsequent consent application will follow to sever Part 1 from the subject property and merge it with Part 3, known municipally as 1430 Line 6 Road.
3. BACKGROUND
Site description and surrounding land uses
The subject property, as shown in Map 1: Location Map of
Appendix A
, lies north of Line 6 Road, east of Concession 1 Road. There exists a single-detached residential dwelling on the property. The surrounding land uses are rural residential properties and agricultural lands.
Planning framework
Town of Niagara-on-the-Lake Official Plan contains the following Goals and Objectives under the Agricultural policies of Section 7:
7.2 Goals and Objectives
(1) To ensure the preservation of prime agricultural lands for farming with particular emphasis on the preservation of specialty crop lands
(3) To allow flexibility to farm operations in both type and size and to permit the expansion and contraction of farm operations as necessary provided that the farm remains economically viable and that the size of the farm is appropriate.
(6) To ensure that agricultural areas are protected from harassment and conflict from non-farm residents and non-farm related uses through measures such as preventing the development of non-farm uses in the Agricultural designation.
The subject property is zoned Rural (A) - Site Specific according to Zoning By-law 500A-74, as shown in Map 2: Zoning of
Appendix A.
. It was subject to a previous Zoning By-law Amendment (By-law 500QC-02) to recognize a reduced minimum lot area and a building envelope in which all structures are restricted to. 1430 Line 6 Road is currently zoned APO from a previous Zoning By-law Amendment (
By-law 500 SU-06)
arising from a severance of a residence surplus to a farm operation as a result of farm consolidation.
Circulation comments:
The applications were circulated to Town Departments and outside agencies, as applicable. The following is a summary of comments with respect to the application for Zoning By-law Amendment:
Town:
The Building, Corporate Services and Operations Departments and the Urban Design Committee have no comments or concerns.
The Heritage Committee has informed that the property does not fall within the area of archaeological potential and that there is no impact on heritage resources.
Planning/Zoning Technician:
Part 1 has a site-specific zoning as per By-law 500 QC-02. The zoning is Rural (A) with site specific provisions regulating the location of buildings on the property. Approval of a consent, would require a zoning amendment to rezone Part 1 to APO and Part 2 to Rural (A) with a minimum of 38.37 metres of frontage.
External Agencies:
Enbridge and Niagara Region Planning and Development Services have indicated that they have no objection.
Public Meeting
During the Public Meeting on May 1, 2017, a member of the public expressed concern regarding the use of Agricultural Purposes Only (APO) zoning. The concern was regarding the ability to repeal the APO zoning in order to permit additional residential development. The concern specifically relates to a Town decision in or about 2002 at which time Council approved an application to remove the APO zoning from the subject lands which in turn resulted in the construction of the residence at 1446 Line 6 Road.
It is important to note, that the policy environment relating to the use of APO zoning has changed since 2002. Specifically, the Greenbelt Plan came into effect on December 16, 2004. The Town's use of APO zoning is related to the surplus farm dwelling policies of the Greenbelt Plan which require a planning authority to ensure that a residential dwelling is not permitted in perpetuity. A future application to remove the APO zoning proposed by this application could not be supported in the current policy environment.
4. DISCUSSION / ANALYSIS
An application has been received for a Zoning By-law Amendment to facilitate a later consent application for a boundary adjustment. In order to facilitate the consent, the Zoning By-law must be amended to rezone Part 1 to APO and to establish a required lot frontage of 38.37 metres for Part 2.
Town of Niagara-on-the-Lake Official Plan
This application complies with the Agricultural Goals and Objectives of the Agricultural policies of the Town's Official Plan.
The first and sixth agricultural goal/objective of the Official Plan are achieved by ensuring the preservation of specialty crop lands by rezoning Part 1 to APO to ensure that the only permitted uses are agriculturally related, and no residential uses are permitted in perpetuity. Additionally, rezoning Part 1 to APO ensures a greater amount of agricultural land is protected from non-farm related residents and uses.
The third agricultural goal/objective of the Official Plan is achieved by allowing the flexibility of farm operations in terms of size to allow farms to remain economically viable. It also allows for an expansion of an existing farm operation by merging Part 1 with Part 3. This merger consolidates greater farmland under one ownership and increases the amount of land for the farming operation at 1430 Line 6 Road.
Zoning By-law
The draft Zoning By-law, attached as
Appendix B
, recognizes the existing lot frontage of the subject property to be a minimum of 38.37 metres and for the parcel shown as Part 1 to be rezoned to APO. The merger of Part 1 with Part 3 does not present any land-use conflicts as Part 3 is also zoned APO.
5. STRATEGIC PLAN
N/A
6. OPTIONS
1. Approve the application for a Zoning By-law Amendment (recommended),
2. Refuse the application, or
3. Defer the application until more information is obtained.
7. FINANCIAL IMPLICATIONS
There are no financial implications to the Town of Niagara-on-the-Lake.
8. COMMUNICATIONS
The following are attached for Council’s consideration:
Appendix A: Maps
Appendix B: Draft Zoning By-law Amendment
Appendix B1: Zoning Schedule
9. CONCLUSION
The application to amend the Zoning By-law has been considered in regard to Provincial and Town planning policies. It has been found to be consistent and in compliance with the relevant policies. The proposed Zoning By-law Amendment is appropriate and achieves the relevant agricultural goals and objectives. This application also does not create land-use conflicts or negative impacts on the subject property or adjacent properties. Staff therefore recommend that the Zoning By-law Amendment application be supported and recommend to Council that it be approved.
Respectfully submitted,
Raymond Tung, BES, MLA Shirley Cater, MCIP, RPP, EcD
Urban Design Specialist Manager of Planning
Craig Larmour, MCIP, RPP Holly Dowd
Director, Community & Chief Administrative Officer
ATTACHMENTS
Appendix A - Maps.pdf
Appendix B - Draft Zoning By-law Amendment.docx
Appendix B1 - Zoning Schedule.pdf
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