COUNTY OF SIMCOE
To:
COMMITTEE OF THE WHOLE
Section:
Corporate Services – Planning
Item Number:
CCW 14-181
Meeting Date:
April 22, 2014
Subject:
Appeal of Township of Adjala-Tosorontio Committee of Adjustment Decision
for Consent Application B/01/14
Recommendation:
THAT staff, with appropriate legal counsel, continue with the appeal to the Ontario Municipal Board
regarding Township of Adjala-Tosorontio Committee of Adjustment Decision for Consent Application
B/01/14;
AND THAT staff continue to work with the proponent and the Township to resolve the issues before it
proceeds to a hearing.
Executive Summary:
The following provides a summary of the request:
Location:
Applicant:
Proposal:
Lot 23, Concession 1 (998171 Mulmur-Tosorontio Townline), Adjala-Tososontio
Enderlein Nurseries Ltd.
Consent application to sever a 1 hectare residential parcel with an existing dwelling
and retain a 19 hectare vacant farm parcel within the Agricultural designation.
County File:
AT-B-1401
Municipal File: B/01/14
Background/Analysis/Options
The County of Simcoe provided comment on the Township of Adjala-Tosorontio consent Application
B/01/14 on January 15, 2014. The application was deferred at the February Committee of Adjustment
meeting but subsequently approved at the March meeting.
The applicant is proposing a boundary line adjustment to sever 19 hectares of vacant agricultural and
retain a 1 hectare residential parcel. The proposed severed parcel is to be consolidated with the
abutting agricultural property to the south (998129 Mulmur-Tosorontio Townline), and combined, would
result in approximately 56 hectares (139 acres).
April 22, 2014
Committee of the Whole CCW 14-181
2
The subject lands are designated ‘Agricultural’ within the Local Official Plan and is therefore subject to
the General and Agricultural policies of the approved County of Simcoe Official Plan (consolidated
2007). The subject lands are also designated ‘Agricultural’ within the draft modified County of Simcoe
Official Plan (2012).
Section 2.3.4.1 of the Provincial Policy Statement (PPS) states that lot creation in prime agricultural
areas is discouraged and may only be permitted for agricultural uses, agricultural-related uses, or a
residence surplus to a farming operation as a result of farm consolidation. Lot creation in prime
agricultural areas may only be permitted provided that the lots are of a size appropriate for the type of
agricultural use(s) common in the area and sufficiently large to maintain flexibility for future changes in
the type or size of agricultural operations. Section 2.3.4.3 further states that “the creation of new
residential lots in prime agricultural areas shall not be permitted, except in accordance with policy
2.3.4.1(c) [farm consolidation].” Section 2.3.4.1(c) of the PPS states that a residence surplus to a
farming operation as a result of farm consolidation may be only permitted provided that the planning
authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of
farmland created by the severance.
While this application is stated to be a ‘boundary line adjustment’, the application is suggestive of a
farm consolidation as two farm units are proposed to merge following the severance of the existing
residential dwelling. The proposed boundary line adjustment to create a residential lot is equivalent to a
severance of a surplus dwelling as a result of farm consolidation. On this basis, the County did not
object to the proposed consent provided conditions were applied to merge the parcels and to prohibit
the facilitation of a new residential dwelling on the subject lands. The County requested that the
approval of the provisional consent be subject to conditions to merge the severed parcel under title with
the abutting property to the south (998129 Mulmur-Tosorontio Townline) and that the subject lands be
rezoned to prohibit future residential uses.
The Township of Adjala-Tosorontio Committee of Adjustment approved the provisional consent without
adhering to the County’s request to impose rezoning of the severed parcel to prohibit future residential
uses.
Based upon the information provided and the policies of the current County of Simcoe Official Plan and
the Provincial Policy Statement, the County of Simcoe cannot support the approval of the proposed
consent application for a ‘boundary line adjustment’ on the subject lands due to non-conformity with the
County Official Plan and inconsistency with the Provincial Policy Statement.
Financial and Resource Implications:
Staff time and legal costs will be incurred to deal with settlement of/hearing of the appeal.
Relationship to Corporate Strategies:
No relationship to corporate strategies.
Reference Documents:
There are no reference documents attached to this Item.
Attachments:
The following schedules are attached and form part of this Item.
April 22, 2014
Committee of the Whole CCW 14-181
3
Schedule 1 – Location Map
Schedule 2 – County Comments
Schedule 3 – Notice of Decision
CCW 14-181
Schedule 1.pdf
CCW 14-181
Schedule 2.pdf
Prepared By:
CCW 14-181
Schedule 3.pdf
Tiffany Thompson, MCIP, RPP, Planner II
Approvals:
Date
David Parks, Director of Planning, Development and Tourism
Debbie Korolnek, General Manager of Engineering, Planning and Environment
Trevor Wilcox, General Manager, Corporate Performance
Mark Aitken, Chief Administrative Officer
March 28, 2014
April 2, 2014
April 9, 2014
April 11, 2014