A controversial exemption from minimum distance separation (MDS) regulations in the township’s comprehensive zoning bylaw has been removed.
The section in question in the bylaw, which was passed in 2010, provided 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 change in 2010 released for residential development a number of “checkerboard” lots in the township that had been considered dormant.
A bylaw amendment approved by council on April 22 means 32 lots in the Moorefield area will require a rezoning before they can be developed, and eight larger lots elsewhere in the township would be allowed to develop provided they can meet certain requirements, including compliance with MDS.
Passage of the amendment was deferred at the April 8 meeting, after councillor Mike Downey asked why the amendment didn’t deal with checkerboard lots on Mapleton Concession 12 and Wellington Road 11.
Mark Van Patter, Wellington County manager of planning and environment, explained the lots in question had all been released for development in the past.
However Downy contended that should not have happened, since they don’t meet MDS requirements.
Van Patter presented a report at the April 22 meeting indicating there are seven properties in the area in question which were designated country residential in the 1999 official plan and provided a history of the properties indicating residential zoning designations have been in place dating back to the 1985 Maryborough Township Official Plan.
“Council could make these properties subject to MDS 1. However, in my opinion this would not be fair given the history of these properties,” stated Van Patter in his report. “If council does decide to apply MDS 1, then I recommend that you first have the township solicitor provide comments on the implications. The owners of the properties should be given notice of the proposed change in zoning to afford them the right of appeal.”
“My question is why don’t we want to have the MDS requirement?” said Downey. “What rationale do we use not to apply MDS – because we don’t make any more farmland?”
“You can’t have it both ways, you took that land and you subdivided it …” said Mayor Bruce Whale.
“The neighbors did not!” replied Downey.
Whale suggested, “There is a point where what’s happened in the past has probably affected their usefulness as an agricultural parcel.”
“Who says you have to expand it? You can have a chicken barn with 40,000 broilers on it on one acre,” said Downey.
“With our bylaws?’ asked Whale.
Downey pointed out such operations exist in the Niagara Peninsula.
“This isn’t the Niagara Peninsula,” Whale responded, adding, “Municipalities still have the right to make decisions on MDS based on their local circumstances.”
Van Patter said, “This land is designated for residential development. It’s been designated for residential development for 30 years. I don’t know why it was never developed.
“If you did want to apply MDS to these lots you wouldn’t have my support.”
Downey argued that a zoning designation doesn’t release a property owner from other legal requirements.
“There’s all kind of lots that are designated in a zone, but they still have to meet the requirements,” he stated. “Under zoning, does that exempt people from all kind of specific regulations? You still have to go through the building permit process, you still need a driveway permit … ”
Whale said council could revisit the issues surrounding the lots on Concession 12 and Wellington Road 11 in the future if they wished, “but we have to move on these other issues.
“We really can’t keep going in circles forever on the other issues,” said Whale.
“You have these bylaws. They’ve been there for 30 years,” said councillor Neil Driscoll. “Unfortunately, the farmer of the day got away with it.”
In a recorded vote, the bylaw amendment was approved as presented. Whale, Driscoll and councillors Jim Curry and Andy Knetsch voted in favour of the resolution while Downey was opposed.
