COMMUNITY AND STRATEGIC PLANNING P. O. Box 397, Court House, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web Site: www.county.oxford.on.ca

Our File: ZON 3-07-7

APPLICATION FOR ZONE CHANGE TO: The Mayor and Members

of Norwich Township Council MEETING DATE: October 23, 2007 REPORT NO.: 2007-313

OWNERS / APPLICANTS: Kenneth and Mary Sackrider 773795 Oxford Road 14 R.R. #2 Burgessville, ON N0J 1C0

OWNERS: Franciscus, Catharina and Marcel Grispen 773836 Oxford Road 14 R.R. # 2 Burgessville, ON N0J 1C0

SOLICITOR: Peter H. Kratzman Barrister & Solicitor 48 Vansittart Ave Woodstock, ON N4S 6E2

LOCATION: Part Lot 8, Concession 1 (North Norwich), and located on the west side of Oxford Road 14, between New Durham Road and Beaconsfield Road, and municipally known as 773795 Oxford Road 14. OXFORD COUNTY OFFICIAL PLAN: Schedule ''N-1" Township of Norwich

Land Use Plan Agricultural Reserve

NORWICH ZONING BY-LAW NO. 07-2003-Z: Existing Zoning: General Agricultural Zone (A2) and Limited Agricultural zone (A1). Requested Zoning - Special Rural Residential Zone (RR-special) and General Agricultural Zone (A2).

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APPLICATION REVIEW: (a) Proposal: An application for Zone Change has been submitted for lands located on the west side of Oxford Road 14, between New Durham Road and Beaconsfield Road, in the central area of the Township. The application is related to consent application #B-56/07, which proposed to add the farm land to an adjacent farm lot, and retain a rural residential lot. At the August 2, 2007, meeting of the Oxford Land Division Committee, the consent application was considered and granted, subject to a number of conditions, including the requirement to establish appropriate zoning for the affected lands. The severed lot has an area of 22.6 ha (56.0 ac) and the retained lot has an area of 0.66 ha (1.64 ac). The enlarged farm lot to the north will have a new lot area of 37.05 ha (91.55 ac). In granting the consent application, the Land Division Committee imposed a condition to require the severed lot to be added to the farm lot located to the immediate north. The Committee included a requirement to establish the appropriate zone for the enlarged farm lot which will continue in agricultural production. There are no farm buildings on the enlarged farm lot. Plate 1, Location and Existing Zoning, indicates the location of the subject property, as well as the existing zoning in the immediate vicinity. Plate 2, 2006 Aerial Orthophotography, shows the subject site and some of the development on the adjacent farm lands. Plate 3, 2006 Air Photo Close Up View, shows the extent of development on the retained lot. Plate 4, Applicants’ Site Sketch, shows the development details of the lot to be retained. (b) 2005 Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The policy framework came into effect on March 1, 2005. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. In the 2005 PPS, Section 2.3 addresses agricultural land use. Policy 2.3.4 – LOT CREATION AND LOT ADJUSTMENTS discourages the creation of new lots in prime agricultural areas and provides only four instances where such lot creation may be permitted, as summarized below:

• for agricultural uses; • for agricultural-related uses; • for a surplus farm residence resulting from a farm consolidation; and, • for infrastructure facilities and corridors in lieu of an easement or right-of-way.

The applicant’s proposal to re-zone lands involves a severance proposal for farm consolidation purposed, whereby the adjacent farm parcel to the immediate north is proposed to be enlarged. Re-zoning of the surplus residence to the farm operation is

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PLATE 4: B-56/07 & ZON 3-07-7 (Pt Lot 8, Conc 4 / North Norwich - Sackrider) Applicants' Site Survey Sketch

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permitted under this policy. Establishing a single agricultural zone for the enlarged farm lot is also considered appropriate. Therefore, this proposal is consistent with the 2005 Provincial Policy Statement and can be supported. (c) Official Plan The subject lands are located within the 'Agricultural Reserve' designation according to the Land Use Plan for the Township of Norwich as contained in the County Official Plan. Within the Agricultural Reserve designation, non-farm rural residential development is considered to be incompatible with agricultural uses as it can create conflicts with farming activities. Therefore, it is the intent of this Plan to permit only limited non-farm rural residential development in locations within the Agricultural Reserve that would not conflict with the goals of the agricultural policies. The policies of Section 3.1.4.4.1 – FARM CONSOLIDATION apply to proposals where the land being conveyed is to be added to an adjoining existing farm property. These policies require specific criteria to be evaluated, summarized as follows:

- the intended use must be farming; - the retained parcel must conform to the provisions of the Zoning By-law; - conformity with Provincial criteria regarding flexibility, suitability, viability and

avoidance of further fragmentation of Class 1 to 3 agricultural lands and removal of woodlots;

- compliance with Minimum Distance Separation Formula II (MDS II); and, - compliance with Section 3.2 Environmental Resource policies.

This development proposal will result in the enlargement of an existing under-sized farm parcel, such that this adjacent parcel will meet the minimum lot area requirements of the Zoning By-law. According to the applicants, agricultural production will be continued on the enlarged farm. The enlarged farm parcel would appear to meet the Provincial criteria and would also comply with MDS II. The Environmental Resource policies do not affect this proposal. Therefore, the development proposal conforms to the farm consolidation evaluation criteria. In addition to the above farm consolidation policies, under Section 3.1.5.4 – RURAL RESIDENTIAL USES, an evaluation system has been included in the County Official Plan to provide an impartial and consistent method of evaluating proposals which would result in non-farm rural residential development within the Agricultural Reserve designation. The system is designed to evaluate proposals on the basis of criteria such as agricultural land preservation, location, land use compatibility, and environmental compatibility. Points are assigned to each factor to reflect that particular factor’s level of importance in supporting the goal for agricultural policies. Proposals for non-farm residential development which accumulate less than +12 points may be considered for approval provided that the proposal conforms to the general policies for such development as outlined in the Plan. These general policies apply where lands are contiguous with an Environmental Protection Area, a Provincially Significant Wetland and/or a watercourse.

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The applicant’s proposal to sever approximately 22.6 ha (56.0 ac) as an agricultural lot addition and retain approximately 0.66 ha (1.64 acres) as a non-farm rural residential lot would accumulate +8 points, as follows: Site Assessment Factors Points

LAND CAPABILITY FOR AGRICULTURE N/A Consent History 0 Surrounding Agricultural Land Use +10 Compliance with the Minimum Distance Separation 1 0 Surrounding Extractive Resource Land Use 0 Access to Major Roads n/a Traffic Safety n/a Infilling 0 Surplus Farm Dwelling -2 Heritage 0 Total +8

The applicant’s proposal accumulates +8 points for proximity to surrounding agricultural operations. Minus 2 points are assigned for the “surplus” dwelling. On the basis of the above analysis, this office can support the re-zoning application because the proposal is in general compliance with the policies of the County of Oxford Official Plan. (d) Zoning By-Law The subject properties are zoned “General Agricultural (A2)” and “Limited Agricultural Zone (A1)” in the Township of Norwich Zoning By-law. The A2 zone requires a minimum lot area of 20 ha (49.4 ac) and a minimum lot frontage of 100 m (328 ft). The enlarged farm parcel will meet these A2 zone provisions. The Rural Residential Zone (RR) requires a minimum lot frontage of 35.0 m (114.8 ft.), a minimum lot area of 2,800 sq.m. (30,140 sq.ft.) and a minimum lot depth of 80 m (262 ft.). In this case, as show on Plate 4, the retained lot will have a lot frontage of 15.85 m (52 ft), which does not meet the lot frontage regulation of the RR zone. However, since the proposed lot frontage would enable all of the existing tillable land and as much of the wooded area as possible to remain on the farm, a special provision recognizing the reduced lot frontage is considered appropriate. (e) Agency Review This application has been reviewed by a number of public agencies. The Township Chief Building Official indicated no concerns with the farm consolidation proposal, other than noting the retained lot will require appropriate rural residential zoning. The Township Drainage Superintendent indicated the proposals, if approved, will require re-apportioning of the drainage assessment for the Sovereen Drain.

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The Township Economic Development Officer indicated no comments or concerns with the proposal. The County Department of Public Health and Emergency Services indicated there are septic records on file for this property. They noted the property is located within a groundwater recharge area of the Township. The County Department of Public Works indicated no new entrances from either the retained lot or the severed lot to Oxford Road 14 will be permitted. They also indicated they were generally opposed to the application because of concerns related to private servicing. The Oxford County Federation of Agriculture indicated no objections to the proposed farm consolidation and re-zoning, as long as the proposal did not impact the surrounding agricultural land owners and conformed to the Official Plan. The remaining circulated agencies, consisting of the Long Point Region Conservation Authority and the Township Public Works Superintendent, did not provide an agency response. (f) Planning Summary: This application concerns two adjacent properties located in central Norwich Township on Oxford Road 14. The enlarged farm lot comprises an area of 37.05 ha (91.55 ac). It contains no buildings of structures and is in agricultural production. The proposed rural residential lot comprises 0.66 ha (1.64 ac) and it contains a single detached dwelling with an attached garage and several small sheds. A review of this proposal in regard to the 2005 Provincial Policy Statement determined the proposal is consistent with the relevant policies. A review of the proposal in light of the Oxford Official Plan policies for Agricultural Reserve areas determined the applicants’ request conforms to the relevant review criteria for farm consolidation proposals. With respect to the requested zoning for the two affected lots, special Rural Residential (RR-special) zoning is considered appropriate for the retained lot in order to recognize the 15.85 m (52.0 ft) lot frontage. The General Agricultural Zone (A2) is considered appropriate for the enlarged farm lot, since the lot will meet the minimum lot area requirements of the A2 zone. Based on the above analysis and the comments of circulated agencies, the application for zone change can be supported from a Planning perspective. The recommended amending by-law is attached for Council’s consideration.

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RECOMMENDATION It is recommended that the Council of the Township of Norwich approve the attached amending by-law for the zone change application of Kenneth and Mary Sackrider whereby lands consisting of Part Lot 8, Concession 1 (North Norwich), in the Township of Norwich, are rezoned from “General Agricultural Zone (A2)” and “Limited Agricultural Zone (A1)” to “Special Rural Residential Zone (RR-8)” and “General Agricultural Zone (A2)” to implement the decision of the Oxford Land Division Committee in regard to application for consent #B-56/07, and recognize the intended use of the lands for rural non-farm residential development and agricultural purposes. Authored By: Approved By: “Stephen Couture” “Margaret Misek-Evans” Stephen Couture, B.E.S. Margaret Misek-Evans, MCIP RPP Planner Corporate Manager SC/ October 16, 2007 File: 3-07-7_Sackrider