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4.
amendment to site plan
control by-law modification
au rÈglement sur la rÉglementation |
COMMITTEE RECOMMENDATION
That Council approve that the Site Plan
Control By-law be amended to provide an exemption for all agricultural buildings,
regardless of size.
RECOMMANDATION DU COMITÉ
Que le Conseil approuve que le
Règlement sur la réglementation du plan d’implantation soit modifié afin de
permettre une exemption pour tous les bâtiments agricoles, quelle que soit leur
taille.
Documentation
1.
Councillor Moffatt’s Report
dated 14 March 2011 (ACS2011-CMR-ARA-0004).
Report to / Rapport
au :
Agriculture and Rural
Affairs Committee
Comité de l'agriculture et des affaires rurales
and Council / et au
Conseil
14 March 2011 / le 14 mars 2011
Submitted by/Soumis
par : Quartier Rideau-Goulbourn Ward
Councillor / Conseiller
Scott Moffatt
Contact Person / Personne
ressource
: Scott Moffatt,
Councillor, Rideau-Goulbourn Ward
/ Conseiller, quartier Rideau-Goulbourn
(613)
580-2531, Scott.Moffatt@ottawa.ca
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Ref N°: ACS2011-CMR-ARA-0004 |
SUBJECT:
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OBJET :
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MODIFICATION AU RÈGLEMENT SUR LA
RÉGLEMENTATION |
That
the Agriculture and Rural Affairs Committee recommend Council approve that the
Site Plan Control By-law be amended to provide an exemption for all
agricultural buildings, regardless of size.
Que le Comité de l’agriculture et des affaires
rurales recommande au Conseil d’approuver que le Règlement sur la
réglementation du plan d’implantation soit modifié afin de permettre une
exemption pour tous les bâtiments agricoles, quelle que soit leur taille.
At the 3 March 2011 (Regular) meeting of the Agriculture and Rural Affairs Committee, Councillor Moffatt submitted the following motion for consideration at the Committee’s next regular meeting:
WHEREAS the City’s Site Plan Control By-law
currently provides an exemption for agricultural buildings that are under 5,000 square metres;
AND WHEREAS the Agriculture and Rural
Affairs Committee recently heard from a delegation that other municipalities in
Ontario provide an exemption from Site Plan Control for all agricultural
buildings, regardless of size (Ref: Minutes, 27 January 2011 ARAC meeting “Open
Mike” session);
AND WHEREAS the requirement for Site Plan
Control for agricultural buildings may place our agricultural industry at a
competitive disadvantage;
THEREFORE BE IT RESOLVED THAT the Site Plan
Control By-law be amended to provide an exemption for all agricultural
buildings, regardless of size.
At its meeting of 27 January 2011, the Agriculture and Rural Affairs Committee heard from an “Open Mike” delegation that other municipalities in Ontario provide an exemption from Site Plan Control for all agricultural buildings, regardless of size, whereas the City’s Site Plan Control By-law states that, “…a building or structure used for agricultural or forestry uses requires a site plan if the square footage of the building exceeds 5,000 square metres”. The speaker explained he was proposing to construct a 6,600 sq. m. building which would require, based on the above-noted by-law, the development of a professionally engineered site plan, even though it would be located on, and surrounded by, agricultural land and property.
The proponent felt that such a mandatory site plan should not be applicable to agricultural buildings, and speaks more to issues such as restaurant drive-thru proposals and impacts on City services. Moreover, he said the site plan pre-application form makes no mention of agricultural buildings and pertains to the re-designation of land and the building of commercial and residential structures, and that the site plan does not apply to agricultural structures planned in multiple phases. The speaker also said he had been informed by staff that the 5,000 sq. m. limit had been arbitrarily set in 2004 with the establishment of the above-noted By-law.
The speaker concluded that this By-law places unnecessary and unfair financial burdens and time constraints on farmers, and he asked whether the Committee could lend its support to modifying what he considered unreasonable site plan requirements. The Committee Chair informed the Committee that he met with the proponent on what he described as a unique situation. The Chair informed that when the proponent had applied for a permit, he had not been aware of the need to proceed through a site plan process. Concurrent to applying for a permit, the proponent had signed a contract for construction to begin in the spring, which may now be in jeopardy due to site plan requirements. The Committee Chair said he would relay this information to the City’s Legal and Planning Departments for review and continued discussions with the ward Councillor (Councillor S. Moffatt, Rideau-Goulbourn) towards finding a resolution.
STAFF COMMENTS
Planning and Growth Management
There are potential impacts on neighbouring
properties that could result from the construction of large buildings without
the requirement of site plan control.
The most significant and likely concern relates to drainage problems
that could arise through a significant increase in the hard surfaces of a site.
The Rural Affairs Office conducted a review of
municipalities in eastern Ontario and similar municipalities with both
significant rural and urban components to identify their requirements related
to site plans for very large agricultural buildings.
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Municipality |
Requirement |
Comment |
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City of Clarence-Rockland |
No requirement for Site Plan Control for
agricultural facilities |
Site Plan Control is required for forestry uses
greater than 5000m2 |
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Township of Russell |
No requirement for Site Plan Control for
agricultural facilities |
The Township is currently reviewing their Site Plan
Control by-law |
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Beckwith Township |
No requirement for Site Plan Control for
agricultural facilities |
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Town of Mississippi Mills |
No requirement for Site Plan Control for
agricultural facilities |
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Township of McNab/Braeside |
No requirement for Site Plan Control for
agricultural facilities |
Planning services provided at County level |
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Township of South Stormont |
No requirement for Site Plan Control for agricultural
facilities |
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Municipality of North Grenville |
Site Plan Control is not required for agricultural
facilities unless there is a requirement for the facility under the Nutrient
Management Act to create a Nutrient Management Plan. |
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Township of Edwardsburgh/Cardinal |
Agricultural facilities without public access (i.e.
livestock barn, grain storage, hay shed) would not require Site Plan Control.
However, facilities with a public use with such amenities as parking,
washrooms and counter reception on agricultural lands would require Site Plan
Control. |
Site Plan Control by-law is “use based”. Examples
given for requiring Site Plan Control included an office on agricultural land
open to the public and a sales location for farm-gate produce. |
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City of Hamilton |
No requirement for Site Plan Control for
agricultural facilities. Exception: Commercial and Agricultural Greenhouses
require Site Plan Control |
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Municipality of Chatham-Kent |
No requirement for Site Plan Control for
agricultural facilities. Exception: Site Plan Control is required if the
development is located within a Natural Hazard or Natural Heritage area. |
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This item will be advertised in the local dailies as part of the Public Meeting Advertisement on Friday preceding the Agriculture and Rural Affairs Committee Meeting.
There are no legal/risk management implications associated with this report.
There was only one application for site plan control for an agricultural building in the last two years, with the fee being approximately $500. It is therefore estimated that there would be minimal impact on revenue if all agricultural buildings, regardless of size, were exempt.
Staff to take appropriate action as directed by the Committee and Council.