Amendment to remove MDS exemption to be presented to council on April 8

Council here is expected to move forward at its next meeting with plans to remove a controversial exemption from minimum distance separation (MDS) regulations in the township’s comprehensive zoning bylaw.

The section in question in the bylaw, which was passed in 2010, provides an exemption from MDS 1 requirements for new non-farm uses of property on existing lots in agricultural zones that are less than four hectares (9.9 acres).

The exemption has been the subject of considerable controversy over the past 20 months, as it allowed for residential construction on several previously-dormant lots near Moorefield within the MDS radius of an existing but unoccupied hog barn.

At the March 25 meeting, Mark Van Patter, Wellington County manager of planning and environment, presented council with two options for amending the bylaw.

Van Patter explained a review of individual property files indicates there are only 40 vacant checkerboard lots that need to be dealt with.

He recommended that 32 lots in the Moorefield area require a rezoning before they can be developed. Eight larger lots elsewhere in the township would be allowed to develop, provided they can meet certain requirements, including compliance with MDS 1.

The second option presented by Van Patter would have seen all 40 lots require rezoning before they could be built on. However, he noted that option would appear to place unnecessary restrictions on the larger lots.

Van Patter said the eight larger lots all meet standard requirements for building, while the lots near Moorefield should all require the owners to come to council for a rezoning before development could occur.

“All the Moorefield area lots have something wrong with them. Either they can’t meet MDS or they are too small,” said Van Patter.

Resident Earl Campbell was present at the meeting and told council he favours the first option, which would not restrict development of six checkerboard lots in the Rothsay area.

“One of the reasons I asked to be a delegation is that I want to fully understand what council’s intent was and that council fully understand what their intent was,” said Campbell.

Campbell also raised a question about how accessory buildings would be handled on the larger lots and how much lot coverage would be allowed.

Van Patter said he would check on the issue of accessory buildings.

“So we still have a little bit of homework, but we’re getting down to the fine strokes,” said Mayor Bruce Whale.

“I think we should change (the name) to chessboard lots,” he quipped.

Council passed a resolution  to receive Van Patter’s report and directed that a draft bylaw for a zoning amendment based on Van Patter’s recommended option one be presented at the council meeting on April 8.

 

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