Highlights of the presentation include:
- 3536 Paynter Road;
- 26,227 sq. m (6.5 acres);
- Westbank neighbourhood;
- Zoning: Agriculture (A1);
- Located within the ALR;
- Existing single detached home and accessory building (encroachment);
- Hillside DPA at rear of parcel;
- Not currently used for agriculture;
Proposal
- To subdivide a 1 acre (4,000 sq. m.) homesite from the 6.5 acre (26,227 sq. m.) parcel to allow for the owner to age in place with the proceeds of the sale of the remainder lot;
Legislative Requirements
Agricultural Land Commission Act
- Requires subdivision application under S.25 of the Agricultural Land Commission Act;
- Must be authorized by Local Government to proceed to the Commission;
ALC Guidelines for Homesite Severance Applications:
- Applicant must have owned the property since December 21, 1972;
- No HSS application has been previously submitted for the subject property;
- Applicant shows legitimate intention to sell remainder;
- Existing home site is compatible with surrounding character;
- Remainder is suitable configuration and size that will constitute an agricultural parcel;
- The home site is not to be sold for 5 years, except in the case of death of the owner;
- If approved by the commission, local governments and Approving Officers are encouraged to handle the application under S. 514 of the LGA insofar as compliance with local bylaws;
Local Government Act (S.514) - Subdivision for a Family Member
- Allows the Approving Officer to approve subdivision of land that would otherwise be prevented from subdivision by a bylaw establishing minimum parcel size;
- Various conditions apply;
- As it is, it does not meet minimal parcel area;
- S.514(6) states that any parcel created under this section must be at least 1 ha unless a smaller area, in no case less than 2,500 sq. m., is approved by the medical health officer for septic;
- Proposed HSS parcel = 0.4 ha ( 4,000 sq. m.)
- Approval by medical health officer will be required;
Local Government Act (S.512) - Minimum Frontage
- Requires that a parcel created by a subdivision must have a minimum frontage that is the greater of:
- 10% of the perimeter of the lot that fronts the highway, and
- The minimum frontage that the local government may, by bylaw, provide;
- Local Government may exempt, according to S.512(3);
Policy and Bylaw Review
Zoning Bylaw No. 0154
- A1 Zone requires minimum 30 m frontage or 10% of the perimeter of the lot, whichever is greater;
- Subject property would require 69 m of frontage to meeting the 10% regulation;
Official Community Plan Bylaw No. 0100
- Agricultural Land Use Designation Policy:
- Discourage proliferation of non-farm residential development or use, except as provided for by the Homesite Severance Policy within that ALR;
Zoning Bylaw No. 0154
- A1 zone required minimum parcel area of 4 ha (40,000 sq. m.);
- Agriculture and single detached dwelling permitted;
Agricultural Plan
- Goals:
- Expand community knowledge and understanding of agriculture;
- Pursue diversification and expansion of the agricultural industry;
- Create a viable and sustainable community by encouraging conversation and environmentally sound practices;
Referral Responses
Ministry of Agriculture
- No clear benefit to agriculture;
- Previous homesite created prior to ALR;
- Recommend registering covenant to limit future dwelling construction to the front parcel boundary to preserve productive agriculture area;
Development Engineering, Building Departments
- Flagged minimum parcel frontage - exemption required;;
- Application will go to Council for consideration;
- Additional comments related to future subdivisions and servicing requirements;
Key Consideration for AAC
- Specific comments would be appreciated should the AAC have any concerns with the proposal so that they may be further investigated prior to staff providing recommendation to Council for their consideration;
- 3 approval stages:
- Should Council authorize the homesite severance application to proceed to the ALC for consideration, and the application is subsequently approved by the ALC, the applicant will then be required to apply for subdivision with the City;
- Conditions may be applied at any approval stage.
Highlights of the discussion include:
- The real farmable part of the parcel is the front of the property, recommendation would be to put the house on the back of the property on the hillside;
- Ministry of agriculture is recommending in the front northwest of the lot;
- It is a hillside DP area but a single detached dwelling could be built and leave the remaining land for agriculture;
- Home Site Severance can only be provided once? The ALC Act permits 1 homesite severance per parcel; This property was subdivided once before but prior to the ALR;
- Hard time supporting these kinds of severances, the ALR was brought in to prevent these types of things;
- From a farming perspective, it would be easier for a farmer to take over the property as it is with everything there already. New farmers will not have the money to invest in buying a farm and building a house;
- Homesite severance is for people to purchase land before the ALR came into play;
- Believe in this application because it means the family can stay on the property and afford to live out their life there;
- Would have been more helpful, had they provided more context with the previous severance and the other farmed property,
- Hard time going against someone who purchased the property before these rules came into place without letting them have a fair opportunity;
- Subdivision itself doesn't meet bylaw requirements;
- We have to look at the parcel without sentiment;
- Not losing farmable land but you will because you need to build another home on this property;
- From a land use perspective, it might be time to sell the whole package.
- Is there a way to put a covenant on it so that a future house could be built on the hillside? Not at this stage, can recommend that council establish that condition as they authorize it to proceed to the ALC. It can be brought forward to the subdivision application if they are successful at the ALC level;
- Why limit someone to saying where it can be built;
- Recommendation for Council to consider best agricultural lot placement if this is to move forward;
- The AAC supported the Guidas farm home site severance;
- Easily arable land would be lost;
- If you owned the land pre ALR you should have the opportunity to have a fair shot to ask for this;
- This application has a number of other hurdles regardless of whether the ALC approves it;
- Disagree on the premise of the precedence setting;
- The ALC was brought in because this type of situation was happening.