HomeMy WebLinkAboutOctober 17, 2024 - Council - AddendumTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING ADDENDUM
Thursday, October 17, 2024
12.2. E Report DS-77/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Consent Application E5-23 Underhill Farms Ltd. 55032 Vienna Line
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: October 17, 2024
REPORT: DS-77/24 FILE NO. C-07 / D09.23UNDE
Roll # 3401-000-008-09800 SUBJECT: Consent Application E5-23 Underhill Farms Ltd.
Concession 3 Lot 10, 55032 Vienna Line
BACKGROUND
A consent application E5-23 was received from the Elgin County Land Division Committee,
submitted by Logan Burnett on behalf of owner Underhill Farms Ltd., for lands located at 55032
Vienna Line. The owner is proposing to sever a 0.4 ha (0.98 acre) parcel and retain 117.6 ha
(290.6 acres) of land with the intent to create a residential lot containing an existing dwelling
surplus to the needs of the farm operation.
The subject property is designated as ‘Agriculture’ and portions of ‘Natural Gas Reservoir’ as
per Schedule ‘A1’ (Land Use) of the Municipality of Bayham Official Plan and are currently
zoned Agricultural (A1) on Schedule ‘A1’ Map No. 11 of the Municipality of Bayham Zoning By-
law Z456-2003. The surrounding lands are agricultural in all directions, with several existing
rural residential lots adjacent to the subject property and along Vienna Line.
The subject lands were previously subject to Official Plan Amendment No. 36 (Application OPA-
01/24), adopted by Council on March 7, 2024 and received approval from Elgin County on April
9, 2024, purposely addressing Official Plan Section 2.1.7.1 by adding a site-specific Policy,
Section 2.1.7.9, to permit the severance of the existing dwelling made surplus through farm
consolidation that previously did not conform to Policy 2.1.7.1 where more than one dwelling
and severance of a surplus farm dwelling had previously occurred on the farm parcel as a result
of a farm consolidation.
Elgin County Land Division Committee will consider the application on October 23, 2024.
DISCUSSION
The planner’s memorandum, dated October 16, 2024, analyzes the application subject to the
Provincial Planning Statement (2024), Elgin County Official Plan, and Municipality of Bayham
Staff Report DS-65/23 Lankhuijzen Farms 2
Official Plan and Zoning By-law.
With the approval of OPA No. 36 by the County of Elgin, the applicant has satisfied the
requirement to conform to the Official Plan in order to permit the severance of more than one
dwelling made surplus from a farm consolidation. The purpose of the consent is to sever the
remaining dwelling.
Staff and municipal planner recommend the support of the consent application for a surplus
farm dwelling creating a new residential parcel with the recommended conditions.
STRATEGIC PLAN
Not applicable
ATTACHMENTS
1. Consent Application E5-23
2. County of Elgin Notice of Decision – Bayham OPA No. 36
3. Arcadis Memorandum, dated October 16, 2024
RECOMMENDATION
THAT Report DS-77/24 regarding the Consent Application E5-23 Underhill Farms Ltd. be
received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E5-23 be granted subject to the following conditions and considerations:
1. The owner obtain approval of a Zoning By-law Amendment for the proposed
severed parcel to be changed from an Agricultural (A1) Zone to Rural Residential
(RR) Zone and the retained parcel to be changed from an Agricultural (A1-A)
Zone to a Special Agricultural (A2) Zone to prohibit new dwellings.
2. That the owner removes the concrete pad encroaching on the severed parcel.
3. That the owner provides the Planning Report fee payable to the Municipality
upon the consent receiving conditional approval.
4. That the owner provides a digital copy of the final survey of the subject lands to
the Municipality
5. That the owner purchases a civic number sign for the retained parcel from the
Municipality
Respectfully Submitted by: Reviewed by:
Margaret Underhill Meagan Elliott, BA
Planning Coordinator|Deputy Clerk Municipal Clerk
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date October 16, 2024
From Christian Tsimenidis Project No 3404-886
cc
Subject Underhill Farms Ltd. – 55032 Vienna Line – Application for
Consent E5-23
Background
1. We have completed our review of Consent Application E5-23, submitted by
Underhill Farms Ltd. for lands located at 55032 Vienna Line, north side, west of
Brown Road. The applicant is requesting a consent for the severance of 0.4
hectares (0.98 acres) of land and to retain 117.6 hectares (290.6 acres) of land. The
intent is to create a residential lot containing an existing dwelling surplus to the
needs of the farm operation.
2. It should also be noted this Consent Application was previously submitted to Elgin
County and received January 10, 2023, however, the Consent Application was
deferred by the County of Elgin Land Division Committee (LDC) on March 22, 2023,
pending approval of the requisite amendment to the Municipality of Bayham Official
Plan. The Official Plan Amendment (OPA No. 36) was approved by Elgin County on
April 9, 2024. Therefore, the proposed Consent Application is being brought back to
the LDC for a decision at this time.
3. It is understood the subject lands were previously merged as a result of a farm
consolidation where three (3) distinct parcels existed, each containing a residential
dwelling. It is understood that two of the three residential dwellings were previously
severed in 2003, and that the applicant is seeking to sever the third residential
dwelling on the remanent agricultural parcel that has existed since 1996. The
purpose of the approved OPA No.36 was to permit the severance of more than one
dwelling made surplus from a farm consolidation. Now, the purpose of this Consent
Application is to sever the remaining residential dwelling located at the corner of
Vienna Line and Brown Road.
Subject Property and Surrounding Use
4. The subject lands are located on the north side of Vienna Line, west of Brown Road.
The lands are legally identified as Part Lot 10, Concession 3 and known municipally
as 55032 Vienna Line. The subject lands have an approximate lot area of 118.0
hectares (291 acres), an estimated lot frontage of 967.0 metres (3,172.0 feet) along
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Vienna Line, and a lot depth of 1,250.0 metres (4,101.0 feet). The subject lands are
characterized as a farmed parcel with a residential dwelling, pool to the rear of the
residential dwelling, and accessory barn and concrete pad associated with the
existing agricultural operations. Several accessory buildings pertaining to the
agricultural operations are also located further west from the existing residential
dwelling, notably towards centre of the subject lands and furthest point west.
5. The subject property is designated as ‘Agriculture’ and portions of ‘Natural Gas
Reservoir’ as per Schedule ‘A1’ (Land Use) of the Municipality of Bayham Official
Plan and are currently zoned Agricultural (A1) on Schedule ‘A1’ Map No. 11 of the
Municipality of Bayham Zoning By-law Z456-2003. The surrounding lands are
agricultural in all directions, with several existing rural residential lots adjacent to the
subject property and along Vienna Line.
6. The proposed severed lot would have a lot frontage of 75.9 metres (249.0 feet), a
lot depth of 61.7 metres (202.4 feet), and lot area of 0.40 hectares (0.988 acres).
The proposed lands to be severed comprise a single-detached dwelling and pool
to the rear. An existing access along Vienna Line will remain to access the
proposed Severed Lot. Further, the existing municipal water servicing and private
septic bed will continue to service the proposed Severed Lot.
7. The retained lands have a frontage of 455 metres (1,492 feet), lot depth of 931.6
metres (3,056 feet), and approximate lot area of 117.6 hectares (290.6 acres). The
proposed retained lot for the existing agricultural operations, consisting of the barn
and accessory structures, would have sufficient lot frontage and area. An existing
unpaved access currently serves the existing barn and agricultural operations to be
retained.
Provincial Planning Statement (2024)
8. The Provincial Planning Statement, 2024 (hereafter “PPS”) Section 2.3.4 Lot
Creation and Lot Adjustments indicates that lot creation in prime agricultural areas
is discouraged and is only permitted for:
c) one new residential lot per farm consolidation for a residence surplus to an
agricultural operation, provided that:
1. the new lot will be limited to a minimum size needed to accommodate the
use and appropriate sewage and water services; and
Comment: The proposed severed lot is no larger than necessary to meet the
minimum size of 0.4 hectares needed to accommodate existing septic system
and has adequate servicing according to the documentation provided by the
applicant. It is understood that the subject property is also serviced by
municipal water system.
2. the planning authority ensures that new dwellings and additional residential
units are prohibited on any remnant parcel of farmland created by the
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severance. The approach used to ensure that no new dwellings or additional
residential units are permitted on the remnant parcel may be recommended by
the Province, or based on municipal approaches that achieve the same
objective; and
Comment: As per the recommended Condition of Approval, the Consent
Application would be conditional on rezoning the retained lands to a ‘Special
Agriculture (A2)’ Zone to prohibit new dwellings.
Therefore, it is our opinion that the proposed Consent Application is consistent with
the PPS.
County of Elgin Official Plan
9. In the Elgin County Official Plan (hereafter, ‘Elgin OP’), policies for Consent and Lot
Creation on Lands in the Agricultural Area are found in Section E1.2.3 (New Lots by
Consent). Section E1.2.3 indicates that proposals for Consent shall be in conformity
with the relevant policies in the Elgin OP, the local Official Plan and the provisions
of the Planning Act. Elgin County OP Section E1.2.3.1 provides further direction
with respect to the general criteria that consent applications shall address as follows:
Provisional consent may be granted subject to appropriate conditions of
approval for the severed and/or retained lot. Prior to issuing provisional consent
for a new lot for any purpose, the approval authority shall be satisfied that the
lot to be retained and the lot to be severed:
a) Fronts on and will be directly accessed by a public road that is maintained
on a year-round basis;
Comment: The proposed severed and retained lots have adequate
frontage on Vienna Line.
b) Does not have direct access to a Provincial Highway or County Road,
unless the Province or the County permits a request for access;
Comment: Vienna Line is not identified as a Provincial Highway or County
Road. The applicant will utilize the existing accesses for the proposed
severed and retained lots.
c) will not cause a traffic hazard;
Comment: The proposed severance will not cause a traffic hazard, as the
existing accesses to the dwelling and agricultural operations will remain
unaltered as they exist today.
d) has adequate size and frontage for the proposed use in accordance with
the local municipal Zoning By-law;
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Comment: The proposed severed and retained lots will meet the minimum
lot area and frontage requirements in the Bayham Zoning By-law for the
future RR and A2 Zone.
e) notwithstanding d) above, where a zoning by-law amendment or minor
variance is required, approval of such amendment or variance shall be
included as a condition of the approval of the consent;
Comment: As a Condition of Approval, the applicant is required to rezone
the proposed severed from A1 to RR and retained lot from A1 to A2.
f) can be serviced with an appropriate water supply and means of sewage
disposal, provided there is confirmation of sufficient reserve sewage
system capacity and reserve water system capacity within municipal
sewage services and municipal water services;
Comment: The owner/applicant provided supporting private septic
servicing information as part of the Consent Application submission, stating
that the existing septic system is in adequate condition for the proposed
severed lot. The applicant has also indicated that the proposed severed lot
would continue to utilize existing municipal water servicing.
g) will not have a negative impact on the drainage patterns in the area;
Comment: There are no significant physical changes to the lands
proposed, therefore, no negative impacts to drainage patterns are
anticipated.
h) will not restrict the development of the retained lands or other parcels of
land, particularly as it relates to the provision of access, if they are
designated for development by this Plan;
Comment: The proposed consent will not restrict the development of the
retained lands (or other parcels), as the existing accesses will remain
unaltered.
i) will not have a negative impact on the significant features and functions of
any natural heritage feature; in this regard, lots should be restricted in size
in order to conserve other lands in larger blocks for natural heritage
purposes;
Comment: The proposed severed lot is not impacted by natural heritage
features.
j) will not have a negative impact on the quality and quantity of groundwater
available for other uses in the area;
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Comment: The proposed severed lot would continue to utilize existing
municipal water servicing.
k) will not have an adverse effect on natural hazard processes such as
flooding and erosion;
Comment: The proposed severance does not propose any significant
physical changes to the subject lands, as the existing buildings/structures
and agricultural operations will remain as they exist today. Therefore, no
adverse impacts are anticipated.
l) conform with the local Official Plan; and,
Comment: The proposed severance currently conforms to the Bayham
Official Plan after OPA No.36 was approved by Elgin County on April 9,
2024.
m) will conform to Section 51 (24) of the Planning Act, as amended.
Comment: Section 51(24) of the Planning Act pertains to the consideration
of a Draft Plan of Subdivision.
Therefore, it is our opinion that the proposed Consent Application conforms to the
Elgin County Official Plan.
Municipality of Bayham Official Plan
10. The Municipality of Bayham Official Plan Section 2.1.7.1 indicates that “farm
consolidation shall mean the acquisition of additional farm parcels to be operated
as one farm operation”. There are several policies within Section 2.1.7.1, which are
listed as follows:
a) In the opinion of Municipal Council, a land use conflict shall not be created
with agricultural operations or other existing land uses in the immediate
area of the subject lands;
Comment: It is our opinion that the proposed consent will not result in
land use conflicts. The existing single-detached dwelling to be severed as
a surplus farm dwelling and existing agricultural operation to be retained
will remain as they exist today.
b) Where a farm parcel with more than one existing dwelling is being
consolidated into a farm operation, only one dwelling may be severed from
that farm parcel, and no more than one severance of a surplus dwelling
shall be allowed from an original farm parcel regardless of changes in
boundary or ownership;
Comment: The proposed consent only contemplates the severance of
one (1) surplus farm dwelling as a result of farm consolidation. As
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previously mentioned, the subject lands were previously merged as a
result of a farm consolidation where three (3) distinct parcels existed, each
containing a residential dwelling. Two of the three residential dwellings
were previously severed in 2003, and that the applicant is seeking to sever
the third residential dwelling on the remanent agricultural parcel that has
existed since 1996. The purpose of the approved OPA No.36 was to
permit the severance of more than one dwelling made surplus from a farm
consolidation. Therefore, the proposed Consent Application conforms to
Section 2.1.7.1 of the Official Plan.
c) A minimum of one existing dwelling within the Municipality of Bayham
must be retained by the proponent farm operation, or a registered owner
of the proponent farm operation.
Comment: The owner/applicant owns a minimum of one (1) existing dwelling within the Municipality of Bayham.
11. Sections 2.1.7.2 and 2.1.7.3 of the Bayham Official Plan provides consideration for
the approval and requirements of severances for surplus farm dwellings as follows:
2.1.7.2 The severed lot with the surplus farm dwelling shall:
a) Be no larger than is necessary to support a private sanitary sewage
treatment and disposal system as determined by the appropriate approval
authority, and be serviced by a potable water supply;
Comment: The proposed severed lot is no larger than necessary to
support existing sanitary servicing, as well as the existing municipal water
servicing.
b) Meet the provisions of the MDS 1 for livestock facilities and manure
storage facilities on the proposed retained lands; and,
Comment: It is understood there are no livestock operations identified in
the immediate area warranting MDS concerns.
c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the
Municipality of Bayham
Comment: As a Condition of Approval, the applicant is required to rezone
the proposed severed lot from A1 to RR.
2.1.7.3 The severed lot with the surplus farm dwelling may:
a) Include accessory buildings and structures if in the opinion of Municipal
Council a land use conflict will not be created; and,
Comment: There are no existing accessory buildings on the proposed
Severed Lot.
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b) Include accessory buildings and structures where the property has been
rezoned to prohibit the keeping of livestock
Comment: The applicant is not including accessory buildings and
structures on the proposed severed lot for the keeping of livestock. The
keeping of livestock on the proposed severed lot is prohibited in the RR
Zone.
12. Section 2.1.7.4 of the Bayham Official Plan provides additional consideration for the
approval and requirements of the retained agricultural lands as follows:
a) Depending on the current zoning and lot size, meet the provisions of the
Agricultural (A1 / A1-A) Zone regulations of the Zoning By-law of the
Municipality of Bayham; and,
Comment: The proposed retained lot will meet the minimum lot area and
lot frontage requirements of the A2 Zone, as the applicant will be required
to rezone the proposed retained lot from the A1 to A2 Zone.
b) Be rezoned to prohibit the placement, development, or establishment of
any additional type or form of residential dwelling units thereon, regardless
of changes in property boundary or ownership.
Comment: As a Condition of Approval, the applicant is required to rezone
the retained lot from A1 to A2 in order to prohibit the development of a
future residential dwelling.
Municipality of Bayham Zoning By-law
13. The proposed severed lot is currently zoned Agriculture (A1) on Schedule ‘A’ Map
No. 11 in Municipality of Bayham Zoning By-law Z456-2003. The proposed Severed
Lot must be rezoned to a Rural Residential (RR) Zone, consistent to the resulting
residential use and Official Plan Section 2.1.7.2 policies for surplus farm dwellings.
The proposed lot configuration by the applicant can accommodate the minimum Lot
Area of 0.4 hectares and Lot Frontage of 50 metres in the RR zone.
14. The proposed retained lot is currently zoned Agriculture (A1) and must be rezoned
to a Special Agricultural (A2) Zone to prohibit new dwellings, as per Official Plan
Section 2.1.7.4. The proposed retained lot meets the minimum Lot Area of 20
hectares and minimum Lot Frontage of 150 metres required in the A2 zone.
Conclusion and Recommendation
15. Based on the above review of consent application E5-23, we have no objection to
the proposed consent to create a residential lot for the existing dwelling surplus to
the needs of the farm operation and recommend the following conditions for
approval:
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a) That the owner obtains approval of a Zoning By-law Amendment for the
Severed Lot from an Agricultural (A1) Zone to a Rural Residential (RR) Zone.
b) That the owner obtains approval of a Zoning By-law Amendment for the
Retained Lot from an Agricultural (A1-A) Zone to a Special Agricultural (A2)
Zone to prohibit new dwellings.
c) That the owner removes the concrete pad encroaching on the Severed Lot.
d) That the owner provides a Planning Report Fee payable to the Municipality
of Bayham.
e) That the owner provides a digital copy of a survey of the subject lands.
f) That the applicant apply to and pay all fees to the Municipality with respect
to Civic Addressing/signage for the retained lot.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham