05 - County Council Minutes - February 25, 2021Page 1
February 25, 2021
Progressive by Nature
A cc] I HKO1111LI1 C«91C1 C61R
MINUTES
February 25, 2021
Council Present: Warden Tom Marks (in -person)
Deputy Warden Dave Mennill (electronic)
Councillor Duncan McPhail (electronic)
Councillor Bob Purcell (electronic)
Councillor Sally Martyn (electronic)
Councillor Grant Jones (electronic)
Councillor Mary French (electronic)
Councillor Dominique Giguere (electronic)
Councillor Ed Ketchabaw (electronic)
Staff Present: Julie Gonyou, Chief Administrative Officer (in -person)
Brian Lima, Director of Engineering Services (electronic)
Stephen Gibson, County Solicitor (electronic)
Nancy Pasato, Manager of Planning (electronic)
Katherine Thompson, Supervisor of Legislative Services (electronic)
Carolyn Krahn, Legislative Services Coordinator (in -person)
1. CALL TO ORDER
Elgin County Council met this 25th day of February, 2021 in the Council Chambers, at the
County Administration Building, St. Thomas at 7:00 p.m. with Warden Marks in the chair.
Some Councillors and staff participated electronically by video conference.
2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
None.
3. PUBLIC MEETING
4.1 Introduction —Warden Marks
The Warden welcomed everyone to the Special Public Meeting of Elgin County
Council and informed them that the purpose of the meeting is to launch the Official
Plan Review process and to hear from members of the public regarding what they
would like to see prioritized during the review process.
4.2 Official Plan Overview— Manager of Planning
The Manager of Planning provided an overview of the County's Official Plan, how it
affects communities, and items to consider during the review process.
4.3 Registered Delegations
WRITTEN COMMENTS RECEIVED ARE ATTACHED IN FULL.
4.3.1. John Armstrong, Armstrong Strategy
John Armstrong presented feedback on behalf of the Ontario Masonry
Association known as Masonry Works and was joined by Andrew Payne,
Executive Director of Masonry Works. John Armstrong presented information
on the Masonry Works' initiative, Building Tomorrow's Heritage
Neighbourhoods Today. This initiative encourages municipalities across the
province to include language in their Official Plan Reviews that ensures
builders who build in their communities build to a higher standard. While upper
Page 2
February 25, 2021
tier governments are not responsible for urban design guidelines, John
Armstrong encouraged the County to work with its local municipal partners to
develop sample urban design guidelines.
4.3.2. Gary Blazak
Gary Blazak, a consulting planner with over thirty (30) years of planning
experience in Elgin County, highlighted the importance of the identification
of settlement areas and the designation of lands to support orderly growth in
the west parts of the County, particularly in Dutton Dunwich and West Elgin.
Since the Official Plan was approved in 2013, much advance local planning
and engineering has been completed in these areas. These efforts were
completed by private interests in the absence of supporting designations in
the County's Official Plan. Gary Blazak encouraged the County to update the
Official Plan to reflect the current realities.
4.3.3. Leith R.A. Coghlin, EnPointe Public Affairs
Leith Coughlin, Managing Director of EnPointe Public Affairs, encouraged
County Council to conduct the Official Review process with attentiveness,
precision and transparency. He noted that agriculture and development have
often been viewed as exclusive but need not be and that protecting both
agricultural and sensitive lands must be reconciled through collaboration,
consultation, and correction. Managing growth smartly will involve targeted
intensification and acceptance that planning and its standards must be
consistent and fairly applied. Mr. Coughlin expressed concerns that the review
process has been launched without sufficient definition or scope. He
encouraged Council and staff to be prepared to return to the drawing board
where necessary, amend where prudent and rescind where warranted. If done
correctly, Mr. Coughlin argued that Elgin County will be well equipped for the
post -pandemic environment.
4.3.4. Ted Halwa, Port Stanley Village Association Inc.
Ted Halwa expressed the Port Stanley Village Association's (PSVA) support
for development intensification and redevelopment in settlement areas in
accordance with the Provincial Policy Statement and the County's Official
Plan. However, Mr. Halwa stated that the PSVA does not support high density
commercial or residential development in Port Stanley because it is out of
character with the existing built environment. He noted the County's current
official plan was insufficient to stop a recent high -density development and
advocated for the implementation of planning measures and tools to prevent
the future approval of high -density residential and commercial developments
in Port Stanley.
4.3.5. Donna Lunn, Elgin Federation of Agriculture
Donna Lunn presented information about the importance of agriculture to
Elgin County and asked that the agricultural community, in particular the Elgin
Federation of Agriculture, be included in the review process. She highlighted
the significant role that agriculture plays in the local economy, expressed
concerns that farmland in Elgin County has become a shrinking resource, and
observed that the County's prime farmland must be protected to address the
emerging issue of food security.
4.3.6. Bonnie Rowe, Dutton/Dunwich Opponents of Wind Turbines
Bonnie Rowe, Secretary/Treasurer for the Dutton/Dunwich Opponents of
Wind Turbines, provided comments with respect to language around
renewable energy systems in the current Official Plan. Ms. Rowe encouraged
the County to remove section E4.2 from the Official Plan and to further
research this section's claim that renewable energy systems "significantly
reduce the amount of harmful emissions to the environment when compared
to conventional energy systems." On behalf of the Dutton/Dunwich
Page 3
February 25, 2021
Opponents of Wind Turbines, Ms. Rowe expressed their hope that Elgin
County will consider the diverse views of all municipalities in Elgin County
before including any language around renewable energy in the Official Plan
and that the Official Plan will allow municipalities discretion and final authority
with respect to the placement of any renewable energy facilities.
4.3.7. MaryAnne Van de Gevel — Great Lakes Farms
MaryAnne Van de Gevel observed that there has been a lot of development
happening around agricultural areas in Elgin County. She expressed concerns
that many people moving to these developments were unaware of the smells,
sounds, and inconveniences that go with agriculture. The result can be both
difficult and uncomfortable for local famers and their new neighbours. Ms. Van
de Gevel encouraged the County to recommend that real estate transactions
include language regarding the realities of living in an agricultural community.
4. COMMITTEE OF THE WHOLE
Moved by: Councillor Purcell
Seconded by: Councillor Ketchabaw
RESOLVED THAT we do now move into Committee of the Whole Council.
Recorded Vote
Yes
No
Abstain
Malahide
Dave Mennill
Yes
West Elgin
Duncan McPhail
Yes
Dutton Dunwich
Bob Purcell
Yes
Central Elgin
Sally Martyn
Yes
Southwold
Grant Jones
Yes
Aylmer
Mary French
Yes
Malahide
Domini ue Gi uere
Yes
Ba ham
Ed Ketchabaw
Yes
Central Elgin
Warden Marks
I Yes
9
0
0
Motion Carried.
5. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF
5.1 Official Plan Review Next Steps — Manager of Planning
The Manager of Planning provided information regarding the next steps of the Official
Plan Review Process including meetings with local municipal partners and
stakeholders, population projections, online surveys, and future meetings.
Moved by: Councillor Mennill
Seconded by: Councillor Jones
RESOLVED THAT the delegation presentations and written comments received at
the February 25, 2021 Special Public Meeting of Council be received and filed and,
furthermore, forwarded to the Manager of Planning for her consideration as part of
the Official Plan Review Process; and,
THAT the Communication and Engagement Plan be reviewed by the Rural
Initiatives and Planning Advisory Committee; and
THAT Council approve the next steps in the Official Plan Review Process as
identified by the Manager of Planning.
Recorded Vote
Yes I No I Abstain
Page 4
February 25, 2021
Malahide
Dave Mennill
Yes
West Elgin
Duncan McPhail
Yes
Dutton Dunwich
Bob Purcell
Yes
Central Elgin
Sally Martn
Yes
Southwold
Grant Jones
Yes
Aylmer
Mary French
Yes
Malahide
Dominique Gi uere
Yes
Ba ham
Ed Ketchabaw
Yes
Central Elgin
Warden Marks
Yes
9
0
0
- Motion Carried.
6. COUNCIL CORRESPONDENCE
7.1 Items for Consideration
None.
7.2 Items for Information (Consent Agenda)
None.
7. OTHER BUSINESS
8.1 Statements/Inquiries by Members
None.
8.2 Notice of Motion
None.
8.3 Matters of Urgency
None.
8. CLOSED MEETING ITEMS
None.
9. MOTION TO RISE AND REPORT
None.
10. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE
Moved by: Councillor French
Seconded by: Councillor McPhail
RESOLVED THAT we do now adopt recommendations of the Committee Of The Whole.
Recorded Vote
Yes
No
Abstain
Malahide
Dave Mennill
Yes
West Elgin
Duncan McPhail
Yes
Dutton Dunwich
Bob Purcell
Yes
Central Elgin
Sally Martn
Yes
Southwold
Grant Jones
Yes
Aylmer
Mary French
Yes
Malahide
Dominique Gi uere
Yes
Ba ham
Ed Ketchabaw
Yes
Central Elgin
Warden Marks
Yes
9
0
0
Page 5
February 25, 2021
Motion Carried.
11. CONSIDERATION OF BY-LAWS
12.1 By -Law 21-07 — Confirming all Actions and Proceedings
BEING a By-law to Confirm Proceedings of the Municipal Council of the
Corporation of the County of Elgin at the February 25, 2021 Meeting.
Moved by: Councillor Martyn
Seconded by: Councillor Mennill
RESOLVED THAT By -Law No. 21-07 be now read a first, second and third time
and finally passed.
Recorded Vote
Yes
No
Abstain
Malahide
Dave Mennill
Yes
West Elgin
Duncan McPhail
Yes
Dutton Dunwich
Bob Purcell
Yes
Central Elgin
Sally Marlyn
Yes
Southwold
Grant Jones
Yes
Aylmer
Mary French
Yes
Malahide
Dominique Gi uere
Yes
Ba ham
Ed Ketchabaw
Yes
Central Elgin
Warden Marks
Yes
9
0
0
Motion Carried.
12. ADJOURNMENT
Moved by: Councillor Jones
Seconded by: Councillor Purcell
RESOLVED THAT we do now adjourn at 8:09 p.m. to meet again on March 9, 2021 at
9:00 a.m.
Recorded Vote
Yes
No
Abstain
Malahide
Dave Mennill
Yes
West Elgin
Duncan McPhail
Yes
Dutton Dunwich
Bob Purcell
Yes
Central Elgin
Sally Martn
Yes
Southwold
Grant Jones
Yes
Aylmer
Mary French
Yes
Malahide
Dominique Gi uere
Yes
Ba ham
Ed Ketchabaw
Yes
Central Elgin
I Warden Marks
Yes
9
0
0
Motion Carried.
Julie Gonyou,
Chief Administrative Officer.
Tom Marks,
Warden.
COUNTY OF ELGIN OFFICIAL PLAN REVIEW
FEBRUARY 25, 2021
GARY BLAZAK MA, RPP, MCIP
• Thank you for the opportunity to provide comments at this early stage of
the Official Plan review process.
• By way of introduction, I am a consulting planner with over 30 years of
professional experience in Elgin County. I have worked extensively with
several of the lower tier municipalities, primarily in the East and West Elgin
areas, as well as with private sector clients throughout the entire County.
As such, I am very familiar with the 2013 Official Plan and how it applies in
the context of planning decisions and approvals.
• My particular interests at this point relate to the identification of
settlement areas, and the designation of lands capable of supporting
orderly growth in the west part of the County, namely in the Municipalities
of Dutton Dunwich and West Elgin.
• A great deal of advanced local planning and engineering has been
completed in these municipalities since the original Official Plan of the
County of Elgin was prepared and approved. This work has been largely
driven by private interests who are very committed to investment in
development, and its associated economic impacts, in these two lower tier
municipalities. These interests and investments have been made, in some
cases, in the absence of supporting designations in the County's Official
Plan.
• For example, the preparation of a Secondary Plan for Port Glasgow by the
Municipality of West Elgin, and two associated draft plans of subdivision on
and adjacent to these lands have been completed and are either approved
or very close to approval. Yet Port Glasgow has never been recognized as a
Settlement Area in the County's Official Plan. In my opinion, this should be
addressed in the Official Plan review.
• Similarly, the Dutton Dunwich Official Plan includes detailed policies for the
preparation of a Secondary Plan in Port Talbot. The Secondary Plan
anticipates both land and water -based tourism and recreational
development, and an application for a major marina development here has
already been submitted to the Ontario Ministry of Natural Resources and
Forestry. Yet, like Port Glasgow, Port Talbot has never been recognized as a
Settlement Area in the County's Official Plan. This also should be rectified in
the next iteration of the County's Official Plan.
• Thirdly, I will make reference to the Village of Dutton in the Municipality of
Dutton Dunwich as an area of substantial recent investment in land and
infrastructure by private development interests. The success of one
particular subdivision development has led that consortium to acquire
additional lands in, and adjacent to the designated settlement area of the
Village. This type of expressed confidence and investment by private
interests is vital to the economic survival and quality of life in these
municipalities.
• Future iterations of the County's Official Plan therefore should be both
flexible and responsive to serious investment opportunities. When these
opportunities represent bona fide examples of logical and orderly growth
as defined in the Provincial Policy Statement, the County, through its
Official Plan needs to support and encourage these investments which are
vital to both lower and upper tier community interests.
• Thank you for your time and for your consideration.
Donna Lunn, Elgin Federation of Agriculture
Thank you for including the virtual public meeting during this initial step of
the County of Elgin OP Review despite the Covid-19 pandemic.
As it is the first step in the review, I did want to ensure the inclusion of
Agriculture and in particular the Elgin Federation of Agriculture. The EFA is
the largest general farm organization in the County with 1112 members of
approximate 1300 farmers today.
Reviewing the 2015 official OP I am enforcing our support for the policy
and will highlight certain areas of the document such as "The agricultural
sector has long been and is expected to continue being the most dominant
sector in the local economy. A significant portion of Elgin County's land
base is farmed on some of the highest quality soils in Ontario." (Part 2,
Part A. Al)
I also agree with your goal - "To protect as much of the County's prime
agricultural area as possible and to encourage the development of a broad
range of agricultural uses, agriculture related uses and secondary uses to
ensure that the agricultural industry can continue to thrive and innovate"
(Goals, A3.4)
Elgin's farm land is a shrinking resource, and if we are to accomplish our
common goals and to move forward with the emerging issue of improving
food security, we need to ensure the operation of such resources.
One aspect of protection is agreement with your objective Io protect the
County's prime agricultural area from fragmentation, development and land
uses unrelated to agriculture; (C2.1.c)
We are in agreement with your Growth Management Plans to concentrate
all development in settlement areas and with the direction of lots created in
the agricultural area. (E.1.2.3.4.)
Recently there was activity in a Lower Tier OP process that involved the
term `land swap' for a change of settlement area. As noted in the County
OP, 'An amendment to this Plan will be required for a settlement area
expansion or for the establishment of a new settlement area. An
amendment to this Plan may not be required in conjunction with an
Amendment to a local Official Plan that provides for a minor settlement
area boundary adjustment' (B2.8.4)
1
Donna Lunn, Elgin Federation of Agriculture
What is the definition of `minor? This recent `land swap' involved a
potential of 250 new units on agriculturally zoned property. Certainly, we
would agree that a public comprehensive review would be in order for this
magnitude of development.
EFA is also looking for inclusive language in the OP for direction to
Municipalities regarding the increasing pressure from urban residential use
that seems to extend to interfering with agricultural operations. Non -
farming neighbours may not understand normal farm practices, and may
object to odour, noise, dust, animal use, or other realities of farming. This
may result in negative interactions or neighbour disputes about normal farm
practices.
Indeed, the significance of this is demonstrated with the passing of Bill 156,
Security from Trespass and Protecting Food Safety Act, 2019 which is to
protect farms, farm families, and the safety of the entire food value chain by
addressing the ongoing threat of unwanted trespassing and activists who
disrupt Ontario farms and the safety of the food system.
Municipalities need to be clear in their by-laws to ensure residents abide by
The Farming and Food Production Protection Act. EFA can engage with
Municipalities to help them with recognition that agriculture is a complex
and constantly evolving industry. We need to promote awareness among
new non -farming neighbours about the realities of living in an agricultural
area.
EFA also supports the County OP with the Economic Strategy to diversify
and allow value added activities; "support opportunities for farmers to
protect, diversify and expand their operations through initiatives such as:
crop diversification; conservation farming practices, promotion and
encouragement of associated food processing and value added technology
facilities and encouraging bed and breakfast operations, farm vacation
facilities, roadside markets and related activities, provided that they are
located in a land use designation that permits the activity and that they do
not conflict with agricultural operations" (A5.2.c)
2
Donna Lunn, Elgin Federation of Agriculture
On -farm diversification (e.g. food processing, retail farm markets, agri-
tourism, etc.) is growing in Ontario and Elgin. Promoting farm business
diversification through on -farm processing and agri-tourism is a way to
mitigate risk for farmers while enhancing rural economic development that
enhances opportunities for small-scale food processing, retail, and
foodservice operations to thrive on farms and meet the urban demand for
local food.
Thank you for listening to my comments this evening and know that the
elected EFA Board who farm throughout Elgin are able to work with the
County and Municipalities on interests of agriculture.
Donna Lunn, Director, Elgin Federation of Agriculture
Past President, EFA
Past Board Member, OFA
3
TO: Warden Tom Marks and Elgin County Council
FROM: Port Stanley Village Association Inc. ("PSVA")
DATE: 23 February 2021
SUBJECT: Elgin County Official Plan Review
1. The PSVA (a not for profit corporation under the laws of Ontario) makes this submission for
the Elgin County Official Plan Review meeting scheduled for February 25, 2021.
2. The PSVA supports development in the village of Port Stanley that (a) satisfies the Pro-
vincial Policy Statement (reflected in the current Elgin County Official Plan) to encourage
development, intensification and redevelopment in settlement areas such as the village but
(b) would not include high density commercial/residential development that is out of charac-
ter (due to the development's magnitude or character) with existing residences and/or com-
mercial buildings in the village. The PSVA is concerned that high density residential/com-
mercial development is totally out of character with the traditional character of Port Stanley
which is strong, identifying and cherished.
3. The concern of the PSVA was illustrated in the recent case of Prespa Construction Limited
and the Municipality of Central Elgin (case PL180077) before the Local Planning Appeal
Tribunal ("LPAT"). It became apparent at the hearing in that case that the provisions of the
Central Elgin Official Plan and Zoning Bylaw and the provisions of the Elgin County Offi-
cial Plan were inadequate to prevent the approval by LPAT of a high density commercial/res-
idential development that was opposed overwhelmingly by the general public.
4. Accordingly the PSVA will be seeking revisions to strengthen the Central Elgin Official Plan
and Zoning By-law (currently on hold by the Municipality as a result of the current County
Official Plan Review). The PSVA will also advocate for the implementation of such other
planning measures and tools as may be appropriate to prevent the approval of high density
residential/commercial development in the village in the future. In addition, the PSVA re-
quests revisions to the County Official Plan be made to ensure the Plan is supportive and
aligned with the policies of local official plans which it itself has approved.
5. At the same aforementioned LPAT hearing, the issue of "compatibility" featured prominent-
ly. In the absence of a definition in the Central Elgin Official Plan, LPAT deferred to the def-
inition found in the County Official Plan (Appendix `A'). It is only logical to assume that the
County never intended its definitions of terms to apply to anything more than the County
Plan and not the official plans of its lower tier municipalities. The PSVA therefore also re-
s ectfully requests the County consider a disclaimer in the County Official Plan to that nur-
nose and effect.
6. The PSVA is also concerned about the ultimate growth and size of the village. We under-
stand that any boundary expansion would have to be approved by the County in accordance
with carefully considered criteria stipulated in the County Official Plan (Section B2.8). Con-
spicuously absent, however, from the list of criteria (Section B.2.8.1) is a requirement for a
consideration of the views and input of the community on any proposed boundary expan-
sion. The PSVA asks that the Count Plan be revised to reflect this.
All of which is respectfully submitted,
Port Stanley Village Association Inc.
Copies to:
Sally Martyn, Mayor of Central Elgin
Paul Shipway, Chief Administrative Officer, Central Elgin
Lou Pompilh, Director of Planning Services, Central Elgin
Jim McCoomb, Manager of Planning Services, Central Elgin
Nancy Pasato, Director of Planning, County of Elgin
February 16, 2021
The Elgin County Council
450 Sunset Dr.
St. Thomas ON
N5R 5V1
Dear Elgin County Council,
This letter is to address concern about the lands at 4509 Union Rd (Turville farm). It is
currently zoned agriculture, and at Southwold's Official Plan open house as well as
todays public council meeting the maps of the North Port Stanley settlement area have
this land outside of the residential development and zoned agriculture as per Schedule
A-4 D. Today during the meeting, item 4 in the public comments section of the Planners
report, a request was presented from Domus Developments (London) Inc. to have 4509
Union Rd considered for designation as Residential and incorporated withing the
Township of Southwold's North Port Stanley settlement area. It further explains that if
extension of municipal sanitary services is extended to this property it would be a prime
candidate for development. I have three concerns with this request.
First, this is a large change to the North Port Stanley Settlement area, and it has not
been presented to the public as part of Southwold's Official Plan. It has not been a part
of the Official Plan review process, so it should not be considered at the last minute as
part of the Township of Southwold's Official Plan.
Second, in the request it states, "If full municipal services can be secured, we
respectfully suggest that the site be a strong candidate" (letter to Ken Loveland Feb
8,2021 from Barbara G. Rosser Planning Consultant, link attached). Since the sanitary
sewer service has not been finalized by Central Elgin and Southwold, Zoning this land
for development in the Official Plan is premature.
Lastly, there is no need to expand the current settlement area (3.2.2.4 of Southwold
Official Plan) and this land is not a good candidate for development because it is
valuable agricultural land (section 5.1.3.3 of Southwold Official Plan, better than 4485
Thomas rd. according to Elgin County soil Maps), it is identified as an Area of Natural
and Scientific Interest (Schedule 2 of the Official Plan) in the Natural Heritage System
and identified as a natural hazard under the category of floodplain (Section 4.2.1.5 and
Schedule 3 of the Official Plan), all of which should make this area unsupported for
development.
I have provided the relevant sections of the Official Plan below. Please feel free to
contact me if you have any further questions. Thank you for taking the time to read my
concerns I hope you will take them into consideration as you review the Southwold's
Official Plan.
Thanks,
MaryAnne Van de Gevel
519-782-7549
maryanne@greatlakesfarms.ca
Draft official plan link https://www.southwold.ca/draft-official-plan p105 Schedule
4D
4. Domus Developments (London) Inc. c/o Barbara G. Rosser, land use planner has submitted a request
to add a portion of the lands, 10.9 ha (26.94 ac.) in area from 4509 Union Road to the settlement area
for North Port Stanley and designate the lands as Residential (see attached letter and lands identified
below). In exchange,10.0 ha (24.7 ha) of land located at 4485 Thomas Road would be removed from the
settlement area and designated Agricultural. Page 8 Proposed New Township of Southwold Official Plan
Comment: A land swap of roughly equal area would need to occur in order to accommodate this
request. As well, municipal sewer services would also be required in order for large-scale residential
development to occur.
The link to the agenda minutes. https://www.southwold.ca/agendas-minutes Feb. 16, 2021.
The letter by Barbra G. Rosser Planning Consultant is on pg 14 of the agenda.
3.2.2.4 Settlement Area Expansions
At the time that this Plan was prepared it was determined that there is a sufficient supply of
land within
the settlement areas to accommodate the 2041 growth forecast and that there was no need for
settlement area expansions. The current settlement area boundaries are shown on Schedule 1
(with
additional details depicted on Schedule 4A-4E). Future settlement area expansions shall only be
considered through a municipal comprehensive review which examines the following:
a) The land capacity within the existing settlement areas to determine whether there is
sufficient
supply of land to accommodate future growth through greenfield and intensification
development over the planning horizon;
b) The availability of existing or planned infrastructure and public service facilities which are
planned or available to accommodate growth;
c) Infrastructure and financial implications of growth;
d) Where an expansion is located in prime agricultural areas:
i. the lands do not comprise specialty crop areas;
ii. alternative locations have been evaluated and there are no reasonable alternatives
which avoid prime agricultural areas and there are also no reasonable alternatives on
lower priority agricultural lands in prime agricultural areas;
iii. the new or expanding settlement area is in compliance with the minimum distance
separation formulae; and,
iv. impacts from new or expanding settlement areas on agricultural operations which are
adjacent or close to the settlement area are mitigated to the extent feasible.
e) Implications for natural heritage features and/or any natural hazards. (p.8)
3.2.4 Agricultural Area
In general, the Agricultural Area is inclusive of all lands outside Settlement Areas. The
Agricultural Area
is characterized primarily by agriculture and clusters of development of insufficient size and
variety of
uses, to warrant designation as Settlement Areas. Any new servicing shall be through private
sewage
disposal and water supply, or by municipal piped water, provided that such development is
consistent
with natural heritage and resource protection policies and does not increase the overall density
in the
Agricultural Area. Additional polices for guiding development within the Agricultural Area are
provided
in Section 5.1 of this Plan. (p.9)
4.1 Natural Heritage
4.1.1 General Policies
Natural Heritage Features
Natural Heritage Features are to be protected for the long term and include: Significant
Wetlands,
Significant Coastal Wetlands, Significant Habitat of Endangered Species and Threatened
Species,
Significant Woodlands, Significant Valleylands, Significant Wildlife Habitat, Fish Habitat, and
Significant
Areas of Natural and Scientific Interest (ANSIs). Known Natural Heritage Features within the
Township
include Provincially Significant Wetlands, Areas of Natural and Scientific Interest (ANSIs) and
Significant
Woodlands. (p.15)
4.1.2.1 Permitted Uses in Natural Heritage Features
Permitted uses on lands identified as Natural Heritage Features include open space uses,
conservation
uses, forestry uses, fish and wildlife management uses, passive outdoor recreational uses and
existing
agricultural uses. Marine facilities, such as docks and boat ramps may also be permitted. (p.16)
4.2.1.4 Development in Significant Woodlands and ANSIs
Proposed development and site alteration within lands identified as Significant Woodlands and
ANSIs
will not be permitted unless it can be demonstrated that there will be no negative impacts on
the
natural features or their ecological functions through the completion and approval of an
Environmental
Impact Study. Where development and site alteration within lands identified as Significant
Woodlands
and Significant ANSI are being proposed, the Township will consult with the appropriate
Conservation
Authority, the County and the Province (where required) regarding the scope of the
Environmental
Impact Study. (p.16-17)
4.2.1.5 Direct Development Away from Hazardous Lands
Development shall be directed away from areas identified as hazardous lands as it could result
in the
loss of lives, damage to private and public property and undue financial burdens for the
Township. (p.20)
4.2.3 Flooding Hazard
One Zone Concept
The Flood Hazard Limit for watercourses is subject to the One Zone Concept as defined by the
Regulatory Flood Standard which will be determined in consultation with the appropriate
Conservation
Authorities.(p.22)
4.2.3.3.Development within Floodplain
Development within the floodplain is not permitted without written approval from the
appropriate
Conservation Authority having jurisdiction and in accordance with Development, Interference
with
Wetlands and Alterations to Shorelines and Watercourses Regulations which are administered
by the
relevant Conservation Authority. (P. 22)
5.1 Agricultural Area
5.1.1 Planned Function
The Agricultural Area in Southwold is part of a broader inter -connected system of elements
which spans
across the County of Elgin and southwestern Ontario more generally. This broader agricultural
system is
the foundation for Ontario's vibrant and thriving agricultural sector. Accordingly, lands
designated as
Agriculture are intended to support a broad range of economic development activities related
to
farming and include the following elements:
a) Agricultural Uses;
b) Agricultural Related Uses; and,
c) On -Farm Diversified uses. (p.32)
5.1.3.3. Residential Permissions within the Agricultural Area
Residential dwellings within the Agricultural Area are limited to:
a) New single -detached dwellings accessory to an agriculture use;
b) Existing single -detached non -farm dwellings;
c) New single -detached non -farm dwellings, constructed on vacant lots existing on the date of
adoption of this Plan, and held in distinct and separate ownership from abutting lands, subject
to the requirements of the Zoning By-law; and
d) Temporary residences for seasonal farm labour may be permitted or one permanent second
farm residence may be permitted for full-time farm labour where the size and nature of the
operation requires additional farm related employment. (p.34)
7.13 Official Plan Amendments
Council may adopt amendments to the Plan for implementation of a comprehensive review,
implementation of changes to and new provincial or regional policies and plans or
implementation of
planning studies for specific area needs. In general, Official Plan Amendments within 2 years of
the
completion of this Official Plan are not permitted, however Council may consider amendments
within
this timeframe provided that:
a) the original intent and purpose of the Plan is not radically altered;
b) the amendment is needed and can be justified in light of accepted planning principles;
c) adequate and full participation of the general public in the deliberations on the merits of the
amendment are undertaken; and
d) the amendment creates an appropriate precedent.
In preparing and adopting all amendments to this Plan, notice of all public meetings shall be
given in
accordance with the Planning Act.
7.21.4 Agricultural Consent Policies
Land severances in the Agricultural Area may be permitted:
a) To create rights -of -way;
b) To enlarge lots provided that:
i. The viability of the retained lot as a farm parcel is not threatened;
ii. Where the proposed enlargement is for a non -farm use, justification through an
amendment to this Plan is required to demonstrate that the land does not comprise a
specialty crop area, there is a need within the planning horizon for additional land and
there are no reasonable alternative locations for the expansion which avoid prime
agricultural areas; and
iii. The proposed severance must merge with the lot being enlarged in accordance with
Sections 50(3) and (5) of the Planning Act.
c) To consolidate farm holdings;
d) To allow minor lot adjustments which do not result in the creation of a new lot;
e) A habitable farm dwelling made surplus to the needs of a farm operation, as a result of farm
consolidation, subject to the following conditions:
i. The retained farm parcel will be zoned so as to prohibit the construction of any
additional dwellings;
ii. The non -farm parcel will be zoned to recognize the non -farm residential use; and
iii. Minimum Distance Separation I provisions can be met;
f) For agricultural -related uses, in accordance with Section 4.1.
7.22 Capital Works
The construction of all public works within the Township shall be carried out in accordance with
the
policies of this Plan and within the financial capacity of the Township. Future development will
be
regulated by this Plan to ensure that the level of expenditure and debt, as compared to revenue
and
equalized assessment is maintained at equitable levels. Council may:
b) Delay any proposed development where it becomes necessary to carry out large scale public
works in order to adequately service such developments. (p. 71)
8 DEFINITIONS
Adjacent lands: means
b. for the purposes of policy 2.1.8, those lands contiguous to a specific natural heritage feature
or
area where it is likely that development or site alteration would have a negative impact on the
feature or area. The extent of the adjacent lands may be recommended by the Province or
based on municipal approaches which achieve the same objectives; (p. 72)
Agricultural uses: means the growing of crops, including nursery, biomass, and horticultural
crops;
raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish;
aquaculture;
apiaries; agro-forestry; maple syrup production; and associated on -farm buildings and
structures,
including, but not limited to livestock facilities, manure storages, value -retaining facilities, and
accommodation for full-time farm labour when the size and nature of the operation requires
additional
employment. (p. 73)
Areas of natural and scientific interest (ANSI): means areas of land and water containing
natural
landscapes or features that have been identified as having life science or earth science values
related to
protection, scientific study or education. (p.74)
Flood plain: for river, stream and small inland lake systems, means the area, usually low lands
adjoining
a watercourse, which has been or may be subject to flooding hazards. (p.77)
Floodway: for river, stream and small inland lake systems, means the portion of the flood
plain where development and site alteration would cause a danger to public health and safety
or
property damage.
Where the one zone concept is applied, the floodway is the entire contiguous flood plain.(p. 78)
TOWNSHIP OF SOUTHWOLD OFFICIAL PLAN
MUNICIPAL STRUCTURE
SCHEDULE1
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B— Yapping
Nancy,
Hope you are great! Myfamily farms in Southwold and since official plans are being worked on at the
Township and County level, I am not sure where this request falls. I have brought this idea to Southwold
in the past, but perhaps it was at the wrong time. Wondering if you could provide me with some advice
as to where it would fit now.
We have been farming for over 10 years and have had many new homes go up around us during that
time. Many of our new neighbours were unaware of all of the smells, sounds, and inconveniences that
go with agriculture. It often creates a difficult uncomfortable situation. I have looked at other Counties
and up north (I think this may be from Grey -Bruce) they have wording put into real estate transactions. I
have attachedthe wording I found. I am wondering if this is something our Country could do, and if so,
what is the process? I thank you for your hard work and look forward to hearing from you soon.
Thankyou,
MaryAnne Van de Gevel
The Buyer acknowledges that the property lies a ithin. partially within. adjacent to or vdthin two kilometres of an area
zoned. used or identified for agricultural and food production activities and that such activities occur in the area.
These activities may include intensive operations that cause discomfort and inconveniences that involve. but not
limited to dust. noise. flies. light. odour. smoke. traffic. vibration. operating of machinery during any 24 hour period
storage and utilization of manure and the application by spraying or othenvise of chemical fertilizers. soil
amendments. herbicides and pesticides. One or more of these inconveniences have protection in Ontario under the
Farming and Food Production Protection Act.