Council has concerns with the increasing number of farm severances in Wellington North.
The most recent came as a result of an application by owners Albert, Theresa, Leonard, and Matthew Coffey.
The property, just south of Arthur, fronts Highway 6 and County Road 12. Officially, it is Lot 22, Concession B, former Peel Township, with a civic address of 7598 Highway 6. The majority of the lands are farmed, but there is a residence and contractor business located on the residential portion of the parcel.
Planner Linda Redmond explained the rezoning was before council as a result of a severance of the farm dwelling and barn from a portion of land that is farmed – under the farm surplus dwelling policy. The rezoning would restrict any residential development on the retained agricultural portion of the property and remove the site specific zoning that allowed the contracting business.
It would leave that site specific exemption on the residential parcel; but restrict the keeping of livestock on the severed parcel, in order to comply with minimum distance separation requirements set by the province.
Redmond said the agricultural lands, 156 acre, would be allowed to have a barn or farm building, but not a residence.
A draft by-law will add a clause to the site specific zoning to restrict any keeping of livestock on the small parcel. The draft by-law also includes a clause to restrict a residential dwelling on the (retained) parcel as required.
The Ministry of Transportation completed its review of the amendment and had no concerns with it.
Mayor Mike Broomhead questioned the shape of the new agricultural parcel.
“Is that not a little odd shaped? What are they actually accomplishing?” he asked.
Redmond said it would get rid of the site specific zoning, and under the severance policy, the planning department needed to be advised to whom the land was going.
“It has to be to a bona fide farmer,” she said. “My understanding is that the owner’s brother owns abutting land and they want to continue farming it. But the brother just wants to have the house and the business. They were just dividing up the ownership.”
Broomhead said one of the other items is taxation is geared toward the bona fide farmer – otherwise the owner cannot make the claim.
Redmond agreed the planning department is seeing quite a few of these types of applications.
Broomhead said, “What it’s doing is chopping a lot of properties up.”
Redmond said the planning department considered the issue in terms of impact to the surrounding area. “There’s new property lines, but there is no impact. We’re not introducing a new use.”
Councillor Ross Chaulk asked if this does not create a potential nightmare down the road. “It used to be if you went out and bought 100 acres you could be fairly sure you could build a house on that property.”
Redmond replied, “Well, it could. The only thing stopping it is the site specific zoning. If that site specific zoning is removed, then it could cause a problem.”
Chaulk speculated someone could go out, purchase such a property, then come to council and ask that the restriction be removed.
Redmond said it would not be staff’s recommendation to remove such zoning, but that would be a decision of the local council.
“It sort of makes a folly of the rules brought in then, if it lets local council change it by coming in the back door,” Chaulk said.
Redmond said it would be hoped future councils would respect the decision. “But yes, it could be lifted.”
Broomhead said with the irregularly shaped lots, it is fine if the land is simply farmed, but there are complications when a farmer wants to put in a manure storage system or farm buildings where the minimum distance separation formula applies.
“It throws everything all haywire.”
Broomhead said that sitting on county council, he sees that happening more and more.
Redmond agreed, but said previously, there was never a policy to allow such severances. “A lot of the ones I have dealt with since this policy has come in, are bona fide farmers who have all these lands, but don’t want to be landlords.”
As a result they are severing off the residential property.
That’s who these policies are intended to help, she said.
