DEPARTMENT OF OPERATIONAL
PLANNING & DEVELOPMENT SERVICES
DIVISION: Planning & Development Services
Report No.
2007-42
Agenda Date:
November 26, 2007
SUBJECT:
Recommendation Report for Application for a Zoning By-law Amendment (File No.
D14-06-07) municipally known as 3682 Highway #3.
RECOMMENDATION:
1. That Council of the City of Port Colborne approve the Zoning By-law
Amendment, attached hereto as Appendix B, rezoning a portion of the land
from the existing “A (Agricultural)” zone a site specific “A-330 (Conservation
of Plant & Wildlife)” zone.
2. That the amending By-law be added to the Schedule “A” to Zoning By-law
1150/97/81, as amended.
3. That the City Clerk is hereby authorized and directed to proceed with the
giving of notice of passing of the By-laws, in accordance with the Planning
Act.
4. That pursuant to the provisions of Section 34(17) of the Planning Act, no
further notice of public meeting be required.
PURPOSE OF THE REPORT
The purpose of the report is to make recommendations to Council on an application
regarding a proposed amendment to Zoning By-law 1150/97/81, as amended. The
application proposes to only permit conservation of plant and wildlife on a portion of the
property.
ANALYSIS
Consent Application B01-07-PC was provisionally granted on February 13, 2007, for the
subject property that would sever a parcel of land (Part 1) having a lot area of
approximately 0.69 acres (0.27 hectares) to be merged with a parcel of land having a lot
area of 0.31 acres (0.12 hectares) and to retain a parcel of land (Part 2) having a total lot
area of 39.93 acres (16.15 hectares) for the existing agricultural and residential use. See
Appendix A (survey sketch).
In regards to the consent application, the Niagara Peninsula Conservation Authority
commented that the severed parcel is almost entirely covered by a woodlot that has also
been identified as a wetland by the Ministry of Natural Resources. In order to ensure that
no new development or site alterations occur within the wetland or within a 30 metre
buffer from the edge of the wetland, the NPCA requested that a condition of consent
approval be:
“All lands within the wetland/woodlot shall be rezoned to a more restrictive
category that will prohibit any and all new development and/or site alterations
(including but not limited to: structures, septic systems, fill, regarding works and
the clearing of trees) to occur within the wetland.”
To fulfil the condition of the provisional consent, Wayne J. Shaubel, on behalf of owner
Violet Shaubel has submitted an application to amend the City of Port Colborne Zoning
By-law 1150/97/81 as amended, to change the “A (Agricultrial)” zoning of the bush area
of the subject land to a site specific “A-330 (Agricultural)” zone that would only permit
conservation of plant and wildlife.
On November 13, 2007, Planning Staff presented Planning and Development Services
Public Meeting Report No. 2007-40 as part of the statutory Public Meeting.
RESOURCE IMPLICATIONS
N/A
POLICIES AFFECTING THE PROPOSAL
Regional Niagara Policy Plan
The land is designated Good General Agricultural Areas in the Regional Niagara Policy
Plan. The predominant use of land in the Good General Agricultural Areas will be
agriculture of all types, including livestock operations.
City of Port Colborne Official Plan
Schedule “C’ Land Use, to the City of Port Colborne Official Plan designates the property
as Agricultural where lands contain much of the good general agricultural lands or
woodlands. The predominant use of such land shall be agriculture and/or livestock
farming - the cultivation of crops and the rearing of animals on a commercial basis, sale
of produce grown onsite, farm help accommodation, farm dwellings and their accessory
uses.
City of Port Colborne Zoning By-law 1150/97/81
The subject property is zoned “A” (Agricultural). The following uses are permitted in the
Agricultural zone:
•
Agricultural uses, and uses, buildings and structures accessory thereto
including greenhouses.
One single detached dwelling on one lot, and uses, buildings and structures
accessory thereto accessory to an agricultural use.
One single detached dwelling and uses, buildings and structures accessory
thereto on each lot existing at the date of passing of this by-law.
Conservation of plant and wildlife.
Kennels.
Farm machinery sales and service establishments.
Wayside pits subject to the provisions of the Pits and Quarries Control Act.
•
•
•
•
•
•
The Draft Zoning By-law Amendment is attached hereto as Appendix B.
Adjacent Zoning and Land Use
North South West -
East -
“A (Agricultural)” – Vacant farmland
Highway #3
“A (Agricultural)”, “NFR (Non-Farm Residence)”, and “HD (Hamlet
Development)” – a mix of vacant farmland and single detached
dwellings along Brookfield Road
“A (Agricultural)” – Vacant farmland
COMMENTS FROM RELEVANT DEPARTMENTS, AGENCIES & CORPORATE
PARTNERS
Agencies
On October 23, 2007 the Notice of Public Meeting was circulated and a letter requesting
comments was circulated to review agencies. As of November 20, 2007, the following
agencies have responded:
Niagara Region Planning
and Development
Department:
“This application for an amendment to the zoning bylaw is to
facilitate enlargement of an existing lot through the transfer of
approximately .69 acres of land.
These lands are located within a good general agricultural
area as shown in the Regional Policy Plan. The core natural
areas map depicts this site as a woodlot. A fish habitat is
located to the east of the site beyond Part 1 (proposed
severance).
The Regional Public Works Department has had an
opportunity to review the application and have no objection to
the approval of the zoning by-law amendment.
Overall, this zoning will facilitate a land transfer which will
result in the enlargement of the lot more in line with the
requirements in the Regional Policy Plan. On this basis, the
Region has no objection to the approval of this rezoning
application.”
Niagara Peninsula
Conservation Authority: “This rezoning application has been made to rezone a portion
of the property known as 3682 Highway 3, Port Colborne
from an agricultural zone to a Conservation zone which
prohibits development and site alterations within an identified
wetland.
Please be advised that the Conservation Authority does not
have any objections to this application. It should be noted
that all future proposals for these properties should be
circulated to the Conservation Authority for review and
approval prior to the issuance of any development permits.”
No other agencies responded to the October 23, 2007 circulation requesting comments.
Adjacent Property Owners
On October 23, 2007 adjacent property owners within 120 metres (394') of the subject
property were mailed the ANotice of Public Meeting@ and the applicant properly placed
the APosting of Notice@. No written comments have been received as of November 20,
2007.
At the Public Meeting, held on November 13, 2007, no questions or comments were
raised. Please refer to the Draft minutes of the Public Meeting (see Appendix C).
Further Planning Analysis
In Section G.1 of the Official Plan, the Agricultural Designation supports conservation of
plant and wildlife. As listed above, permitted uses in the Agricultural zone are limited to
agricultural uses, and uses, buildings and structures accessory thereto including
greenhouses, one single detached dwelling on one lot, and uses, buildings and structures
accessory thereto, conservation of plant and wildlife, kennels, farm machinery sales and
service establishments, and wayside pits. As the conservation of plant and wildlife are
supported in both the zoning and official plan designation of the subject lands, it is the
opinion of the Planning and Development Services Division that the proposed rezoning to
only permit conservation of plant and wildlife within the wetland on the property can be
supported. Planning Staff can therefore recommend approval.
ALTERNATIVES
N/A
CONCLUSIONS
The proposed Zoning By-law amendment is a required condition of provisional consent
decision B01-07-PC, to rezone the bush area to only allow for “conservation of plant and
wildlife”. The existing agricultural zoning on the remainder of the lands will not change.
Therefore Planning and Development Services recommends:
1. That Council of the City of Port Colborne approve the Zoning By-law
Amendment, attached hereto as Appendix B, rezoning a portion of the land
from the existing “A (Agricultural)” zone a site specific “A-330 (Conservation
of Plant & Wildlife)” zone.
2. That the amending By-law be added to the Schedule “A” to Zoning By-law
1150/97/81, as amended.
3. That the City Clerk is hereby authorized and directed to proceed with the
giving of notice of passing of the By-laws, in accordance with the Planning
Act.
4. That pursuant to the provisions of Section 34(17) of the Planning Act, no
further notice of public meeting be required.
ATTACHMENTS
Appendix A
Appendix B
Appendix C
Survey Sketch
Draft Zoning By-law Amendment
Draft Minutes of the Public Meeting dated November 13, 2007
Prepared by:
Reviewed and Approved by:
Lindsay Earl, Planner
Planning and Development Services
Dan Aquilina, Manager of
Planning and Development Services
Reviewed and Approved by:
Approved and Respectfully Submitted by:
Sal Iannello, P.Eng.
Director of Operational, Planning
and Development Services
Robert Cotterill, P. Eng.
Chief Administrative Officer
Appendix A
Appendix B
DRAFT ZONING BY-LAW AMENDMENT
THE CORPORATION OF THE CITY OF PORT COLBORNE
BY-LAW NO.
BEING A BY-LAW TO AMEND ZONING BY-LAW 1150/97/81, AND AS AMENDED,
RESPECTING PART LOT 10, CONCESSION 2, IN THE CITY OF PORT COLBORNE,
REGIONAL MUNICIPALITY OF NIAGARA, MUNICIPALLY KNOWN AS 3682 HIGHWAY #3.
WHEREAS By-law 1150/97/81, as amended, is a by-law of the Corporation of the City of Port
Colborne restricting the use of land and the location and use of buildings and structure;
AND WHEREAS, the Council of the Corporation of the City of Port Colborne desires to amend
the said by-law;
NOW, THEREFORE, and pursuant to the provisions of Section 34 of The Planning Act, R.S.0.
1990, the CORPORATION OF THE CITY OF PORT COLBORNE ENACTS AS FOLLOWS:
1.
This amendment shall apply to those lands described on Schedule "A" attached to
and forming part of this by-law.
2.
That the "Zoning Map" referenced as Schedule "A6" forming part of By-law
1150/97/81, as amended, is hereby amended by changing those lands described
on Schedule "A" attached, from the “A (Agricultural)” zone a site specific “A-330
(Conservation of Plant & Wildlife)” zone.
3.
That Section 30(b) entitled SPECIAL EXCEPTIONS AND PROVISIONS of Zoning
By-law 1150/97/81, as amended, is hereby further amended by adding the
following:
"A-330 (Conservation of Plant & Wildlife)
Notwithstanding the provisions of the “A (Agricultural)” Zone to the contrary, the use
of this land shall be restricted to the following:
i)
Conservation of plant and wildlife.
4.
That this By-law shall come into force and take effect on the day this it is passed
by Council, subject to the provisions of The Planning Act.
5.
That By-law No. 5068/123/07, Being a By-law to amend Zoning By-law 1150/97/81,
and as amended, respecting Part Lots 10, Concession 2, in the City of Port
Colborne, Regional Municipality of Niagara, Municipally known as 3682 Highway
#3, enacted on November 13, 2007 be hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF
NOVEMBER, 2007
____________________________
Vance Badawey, MAYOR
____________________________
Janet Beckett, CLERK
Appendix C