Council here indicated it plans to remove a controversial exemption from minimum distance separation (MDS) regulations in the township’s comprehensive zoning bylaw following a public meeting on a proposed amendment to the bylaw on Jan. 14.
The controversial section of 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 18 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.
A motion passed by council at the Jan. 14 meeting calls for a return to the approach taken under the pre-2010 bylaw, with regard to both lots created by checkerboard and “lots of record” in the township.
The approach was the recommended option of three presented by Wellington County planner Mark Van Patter at the meeting. The option would maintain an exemption from MDS 1 for all lots created by severance, and “lots of record,” but exclude checkerboard lots.
Van Patter also suggested council consider requiring a rezoning, rather than a minor variance, for any property owners wishing to build on checkerboard lots in the Moorefield area, where the controversy over the exemption erupted.
“We know that most if not all of the 29 lots (in the Moorefield area) would be unable to meet the MDS 1 requirement,” in relation to three existing livestock barns in the area, stated Van Patter in his report.
“The area needs to be dealt with appropriately, given the conflict that occurred over recent minor variance applications on three lots across Wellington Road 10,” Van Patter continued.
“Whatever conclusions council reaches can be put into a site-specific zone. Council may wish to consider whether development proposals for the area should be processed as a rezoning or a minor variance?”
Councillor Mike Downey questioned the need to spell out the method of appeal in the bylaw.
“I don’t know why we’re adding a couple of paragraphs in, that we don’t need. We’re going back to the former bylaw and we didn’t have any problem with that,” said Downey, adding, “You’re making a rule – but this is how you get around the rule …”
Downey also stated, “In the 14 years I’ve been sitting at this table, it’s the most contentious issue that I’ve had to deal with.”
Other options presented in Van Patter’s report included:
– maintaining the status quo and not applying MDS 1 to vacant lots under 9.9 acres; and
– applying MDS to all vacant lots in the township.
Van Patter pointed out that in Wellington County, Erin, Guelph-Eramosa, Minto and Wellington North all use the first approach.
“Generally, this is the option that county planning favours. It is based on the principle that lots created legally should be accorded development rights,” he said.
Centre Wellington is the only municipality that requires MDS 1 standards be applied to all lots.
“If council should choose to go with option two (applying MDS to all lots), owners of vacant severed lots should be given notice of the rezoning. The option represents a significant departure from both the current and previous zoning bylaws,” Van Patter noted.
Council directed Van Patter to prepare a comprehensive zoning bylaw amendment based on a return to the approach in the previous bylaw.
During the public meeting, several local residents indicated they were in favour of the return to the previous approach.
Mapleton farmer Liz Samis said she supported the approach, although ideally she would prefer to see MDS 1 applied to all lots in the township. Samis noted farming is “one of largest contributors to the local economy.
“I want to speak in favour of anything that, in the future, will allow us, as farmers, to keep on making a living by farming,” she stated.
Moorefield area resident Earl Campbell, who had previously outlined his objection to the exemption in a letter to council, said he supported council’s intended approach.
However, Maureen Flynn-Hewitt disagreed with re-instating MDS requirements. These lots shall become a source of tax revenue for the township.
“Allowances should be made to be flexible, supportive and, most of all, uniform,” she stated, adding, “It should not matter if any lot was created before 1970 or later.”
Alwyn and Lori Woodham, whose Moorefield-area farm has been at the centre of the controversy over the exemption, indicated they were in support of the return to the previous approach, but also requested council consider granting MDS relief to allow for the expansion of their farming operation in the future.
In a presentation at the public meeting, Lori Woodham requested confirmation their property on Concession 10 will have “a site specific exemption from the MDS 2 guidelines for the three lots now created abutting the property.”
Mayor Bruce Whale advised Woodham her request, “is something outside the amendment we are dealing with tonight.” Whale suggested the proposal be given to staff to put on an agenda for council to deal with at a future meeting.
