Township council wants more information on Minimum Distance Separation (MDS) and traffic concerns before moving forward with a zoning change to allow residential construction on two rural lots.
Yvonne and Jeff Van Soest of Soestdale Holsteins have applied for an amendment to rezone two existing lots near the intersection of Wellington Roads 8 and 10 to provide relief from the minimum setback to a Natural Environment (NE) Zone at the back of the properties and MDS 1 setback requirements to allow for single detached dwellings on the lots. The lots are currently zoned Agricultural with a site-specific exception prohibiting development until the vacant lots are rezoned to ensure that specific conditions are met including MDS setbacks to neighboring barns. The applicants have also requested relief for a reduced lot area on one of the lots.
At a Sept. 11 public meeting on the application, Wellington County planner Curtis Marshall explained the closest of the proposed lots to a farm across the road is 184 metres from the barn, about 19 metres short of the required distance. However, he noted, the required front yard setback of 18 metres cuts the difference down to one metre.
Marshall said the second lot is only 160 metres from the neighbouring barn, about 43.5 metres short of the required distance, but only 25.2 metres short when the setback is factored in.
Marshall noted there are two existing homes closer to the barn “that would be the control point if barn were to expand.
“Planning staff are of the opinion that the criteria under the zoning bylaw for checkerboard lots is generally met and we have prepared a draft bylaw that would permit two dwellings, one on each property, to be constructed,” Marshall told council.
Yvonne Van Soest explained the lots’ checkerboard status is because there is land between the two lots the couple does not own.
“With the checkerboard situation the lands can’t be used for agriculture,” she explained. “Without cooperation of those landowners we haven’t been able to rent the land to a farmer for several years because we do not have access to the entire portion,” she explained, noting that even if the Van Soests owned the entire parcel it would only amount to a five acre field. “Right now it’s sitting there with weeds on it and they’re good size lots and that’s why we submitted this application at this time.”
Uwe Claussen, owner of the neighbouring farm expressed concern about future restrictions on the operation if development of the lots proceeds.
“It’s a century farm. Its been in our family for many, many generations and will likely be in the family for many more generations. So, from that perspective, my concern is that my kids or grandkids, sometime in the future, are not restricted for use of that barn because of MDS requirements,” Claussen stated. “If there is relief from that, we would like some sort of written documentation that it doesn’t restrict future use of that barn and we would like to see that in a deed of those properties.”
Claussen also expressed concern about the proximity of any entrance to the lots to the intersection of the two county roads.
In regard to the MDS concerns, Marshall said the township could explore reciprocal zoning on the two lots, which would exempt the lots from MDS concerns if the barn was to expand.
“Basically we’d be acknowledging as far as MDS calculations go for the barn that these two lots don’t exist,” Marshall explained.
Marshall also said county engineering staff have indicated the driveway on the closest lot would have to go as far from the intersection as possible, which would be addressed through an access permit.
Councillor Lori Woodham said she asked Mapleton Fire Chief Rick Richardson about traffic accidents at the intersection and learned that in past 10 years there have been 13 accidents at the corner, three in the past year.
“When you look at how close that driveway will still be to that intersection, again I can’t help but wonder how many more accidents that would cause. Sometimes I believe common sense needs to apply and I believe this is one where it’s just too close to the intersection to have a driveway,” she stated.
Council directed the planner to investigate the feasibility of a reciprocal zoning agreement regarding MDS conditions and on the county’s policy on driveway access in close proximity to major intersections of county roads.
