AI ZONE REGULATIONS - City of Hamilton, Ontario, Canada · PDF file · 2015-04-20AI...

Summary of Written Comments Received Following Rural Zoning PlCsin November & December 2013 and January 2014

AI ZONE REGULATIONS

Submitted by

Andrea Otten568 Lynden Road

Written Comments

o A1 Zone regulations discouraging as maximumgfa for retailing only 250 square metres, whileother uses given 500 square metres

• Hamilton should be promoting local food byallowing for adequate retail space and limitingretail space to 500 square metres

+ Shouldn't limit outdoor storage for nursery to 100square metres. Should this be limited? why notlimit size in terms of percentage of lot area

Response, as perRevised Zones dated

May, 2014Max GFA for smallscale retailing ofagricultural products,now 200 sq. m. forboth A1 and A2 zones

Limitation for nurserystorage applies tounenclosed piles ofbulk product

Agritourism is limited to existing buildings andonly 250 square metres, size needs to beincreased

Locating bunkhouses within 30 metres of farmdwelling unreasonable, need to be situated in asuitable area

Regulation 12.1.3.1 g i) small scale retailing ofagricultural products, should the maximum grossfloor area not be 200 square metres (the same aRural (A2) Zone regulation 12,2.3,1 g i)?

o There is confusion on both parties - rural homeowners and business owners. Home ownersthink it is opening up the country side to newbusiness - existing businesses find it highlyrestrictive to growth.

. The proposed draft is difficult to interpret andread.

. Minimum lot size, I do not know many lot sizesin rural Flamborough that would be 40 hectares- maybe bonafide farms would be over 40hectares but they are made up of multiple lots.Where does this minimum come from? The oldzoning had min lot size of 2 hectares forlivestock. Provisions were made forexceptions. The greenbelt and NEC do nothave this restrictive sizing.

+ The term secondary to agriculture doesn't fly for

Bill DamWilliam Dam SeedsLtd.

Earle & SharonClugston3826 Governor's Road

o The limitation toexisting buildings foragri-tourism has beenremoved and the gfahas been increased to500 sq m.Bunkhouses need tobe located withinproximity of farmcluster

° Small scale retailing ofagricultural products,max GFA now 200 sq.m, for both A1 and A2zones

. Revisions madetodraft zones to provideclarity

Minimum lot sizeprovisions foragricultural usepertains to new lotcreation

Additional regulations


A1 ZONE REGULATIONS

Submitted by Written Comments

almost every business in rural Hamilton. Youwill be pressed to find a landscape contractor,home business, kennel etc that supplements afarm - meaning revenue for the farm would begreater. Bonafide farms have increased in sizeby 4 fold in the last 15 years. There are wayfewer farmers in rural Ontario because ofefficiency and consolidation -the only increasehas been in small specialty market farms and forthe most part they are all under 40 hectares.Why do Landscape contractors get specialmention? Not to pick on Landscapers (I havemany family members in the occupation) but thedraft seems to single out them and causesanimosity in the rural areas. They should haveto abide to the same rules as a companydistributing dental equipment or an electricalcontractor.The draft uses Home Industry and HomeBusiness throughout the document but onlydefines Home industry.Buildings are classified for taxation and permitsbased on usage Agricultural/Commercial /Industrial/Office and Institutional. Zoningshould also reflect that both in wording andclassification. I note a lot of retail andprocessing wording - this should be Ag-industrialand Ag-commercial.Restrictions of building sizes are not fair - whynot use 20% of lot coverage. Former zoningrules used lot coverage - it was plain andsimple. If you look at most existing businessesin the rural areas you will find most are over the500 sq m restriction being proposed. Examplewould be Marsh Bros, country ag, Galers, CMPmeats, ALT trucking, Agro foods, Rosthey,Fredrick Trucking, Brenn Be Farms, SecondNature and that is just in this area. If restrictionsare imposed than it will cripple Ag business andmany will be forced out of Hamilton to countiesthat are more receptive to business. The formerzoning did not do this. I cannot find anyreference to building size in NEC, greenbelt andprovincial policy.


May, 2014for Secondary Uses toAgriculture have beenincluded in A1 and A2zones

Regulations pertainingto LandscapeContractingEstablishment -Secondary have beenrevised in A1 and A2zones

Home business isalready a defined useunder 05-200

o Restrictions on buildingsize are reflective onthe scale of use

Summarv of Written Comments Received Followinq Rural Zoning PlCsin November & December 2013 and Januarv 2014

AI ZONE REGULATIONS

Submitted by Written Comments

o Existing businesses that do net conform will benot able to expand as needed - the argumentabout moving into industrial parks does not fly -many rural businesses have customer retentionbased on location and also not afford the highland rates in industrial parks. Again businessesper sq ft pay a lot more taxes than residentialand farm. The greenbelt Act 4.5.3 uses a termof 'Legally Existing uses'- this is a better way toword it -legally non-conforming is a negativeand impacts a person who owns a business.The new draft also restricts existing businessesthat do not conform to not be allowed to switchusage. For example we package seed - but ifour business changes we may packagesomething completely different, Small businessis always in a state of change - it is calledreforming to what is relevant.

o My suggestion is to allow existing businesses tofile for exemptions and to be reviewed on anindividual basis.

o The Draft uses the phrase -"No person shallerect, or use any building in whole or in part, oruse any land in whole or in part" - this is harshwording - not a 'living document' which isflexible, user friendly, and responsive to theneeds of rural business. I understand the erectbut not to use a building is and has always beenpoor wording in zoning - it puts the hair up onone's neck.

The Draft is inconsistent in lot coverages andsetbacks with-in the Zone eg A2 starts off withmin lot area of 40 hectares in 12,2.3,1 then in12,2,2.2 in has a min of ,4 hectares then in!2,2.2.4 it changes the setbacks from 15 to 10and 3.

o In 12.2.2.b iii there is a reference to 12.2.3.1 f)which does not exist. Also outdoor storage ofmachinery should be related to lot coverage -100 sq meters is not much.I have noticed that in almost every zoning paperaround there is a mention of 'front yard'- butthere is no definition. For example our primaryresidence sits behind our buildings and our


May, 2014Legally existing usesthat want to expandbeyond the sizepermissions proposedwithin the draft A1 andA2 zones would needto apply for minorvariance or rezoning,through which theproposed changewould be evaluated

A zoning by-law by itsnature is prescriptiveand is to have defineduses andcorrespondingregulations

Lot coverage's andsetbacks aredependent on the use

Front yard is already adefined term within 05-200

Summary of Written Comments Received Foilowing Rural Zoning PlCsin November & December 2013 and January 2014

AI ZONE REGULATIONS

Submitted by Written Comments Response, as perRevised Zones dated

May, 20t4loading facilities face the street ahead of these.In the parking bylaw 5.2.1 a it does not allowloading doors in the front yard - why is this? Itonly makes sense to allow as direct of approachfor truckers, plus it uses less land. Seeing asthe new bylaw references the parking bylawmaybe changes need to be added for ruralbusinesses.My suggestion is to approach the document as arural business and as a rural homeownerrecognizing that provisions and exemptionsneed to be allowed,

Legally establisheduses have beenidentified with a specialexception whereappropriate, otherwisethe use will become alegal non-conforminguse

Summary of Written Comments Received Following Rural Zoning PlCsin November & December 20t3 and January 2014

P6 ZONE REGULATIONS

Submitted by

Oak KnollDetÿelopments Ltd andKen Martin721 Deer Valley Road,Ancaster

Shelly Detzler988 Brock Road

N3L 3E1

Ken Martin271 Lime Kiln Road,Ancaster

Ken Blair92 Harrisburg Road,RR 21Paris

Written Comments

Objection toproposed P6 zoning, as no newbuildings/structures and expansions to existingbuildings permitted

Objection to proposed P6 zoning, as no newbuildings/structures and expansions to existingbuildings permitted

• Open yard is not a "significant forest"

,, Large amount of area to be zoned P6 and themapping information used to inform the extent ofP6 area may be outdated and doesn't accountfor elevation

,, Physical site inspections would result in lessareas being zoned P6

,, P6 zone does not permit new buildings andexpansions to existing buildings and was toldthat this could be addressed through rezoning,site plan and minor variance,Zoning should have language that if ownerwishes to build, then physical site inspectionshould be done in order to determine whether ornot to allow building, much like conservationauthority will doLanguage a bit ambiguous and should be betterdefined to recognize those instances whereboundaries for conservation are not accurate

,, Property contains existing sawmill and proposedzoning for property is A2 and P6

,, Concern regarding why so much of existingsawmill proposed to be zoned P6


May, 20t 4Lands will now bezoned new P6New P6 Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

Lands will now bezoned new P6New P6 Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

o Former P6zonedportion now zoned newP7 and P8 withprevious 30 metrebuffer area removedand now zoned A1New P7 zone nowpermits expansions toexisting buildings

Former P6 zonedportion will now bezoned new P6 withprevious 30 metrebuffer area removedand now zoned A2


P6 ZONE REGULATIONS

New P6 Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

Larry Freeman406 Fletcher Road

• Concerns regarding P6 (Core Areas) identifiedon property

Paul Dube408 5th ConcessionRoad West

Jozef Lustig1791 Centre Road

o Concerned with P6 Zone being applied toproperty as may prevent expansion of uses onsiteP6 zone will make it hard to resell property infutureP6 zone should be removed from propertyShould revisit the draft P6 Zone in order to allowfor expansions/modernization of existingstructures (i.e, allowing for expansions up to20% of existing square footage)Proposed zoning should encourage farming andagriculture

How will new zoning affect ability torebuild/renovate accessory buildings?Would rebuilding of existing garage require siteplan approval as building within 120 metres ofCore Area and is this something new?

Former P6 zonedportion will now bezoned A1, asdetermined throughfurther mappingreview.

Former P6 zonedportion will now bezoned new P7 withprevious 30 metrebuffer area removedand now zoned A2

• New P7 Zone allowsfor replacement ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%Site plan approval maybe required and this isnot something new

30 metre buffer areanow removed fromformer P6 portionresulting in entireproperty now beingzoned A2


P6 ZONE REGULATIONS

Ken TigchelaarK&K Greenhouses1852-1862 Concession6W

o Concerned with P6 Zone being applied toproperty

o Information requested regarding P6 (CoreAreas) identified on property

Bill Bell902 Shaver Road

Grace Widuch233 4th ConcessionWest

Bruce Crezel1665 Safari Road

o

O

Paul Tigchelaar1852 6th Concession.West

Concerned with P6 Zone being applied toproperty

o Making it impossible expand farm

Concerned with not having ability to replacegarage on property as falls within P6 Zone

Property to be split zonedConcern as to whether this will impact resalevalue and ability to rebuild or build addition tothe home

Concern regarding whether P6 will apply toentire property and prohibit development

Former P6 zonedportion will now bezoned new P7 and P8New P7 zone allowsfor expansions toexisting building of upto 10% of the GFA ofthe existing building

Former P6 zonedportion will now bezoned new P7 and P8New P7 zone allowsfor expansions toexisting building of upto 10% of the GFA ofthe existing building

Former P6 zonedportion will now bezoned new P7 and P8

• Existing buildings onproperty appear to belocated within new P7zoned portion

o New P7 Zone allowsfor replacement ofexisting buildings

-, provided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

30 metre buffer areanow removed fromformer P6 portionresulting in entireproperty now beingzoned A2

Former P6 zonedportion will now bezoned new P7

• New P7 Zone allows


P6 ZONE REGULATIONS

for replacement ofexisting buildings orexpansions to existingbuildings providedexisting setbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Tammi Perreault183 Orkney Road

,, P6 Zone limits our farming and income andgrowth

,, P6 is blanket approach without research• No structure regulation limits farmerso Opposed to P6 and not given opportunity to

appealo Environmentally significant areas need to be

identified and protected before zoning in placeo Property owners who identify issues with zoning

need to be exempt until issues resolvedShould not be responsibility of owners to pay forvariances etc

o We don't want P6 and want part of property re-evaluated at cost of City,

Former P6 zonedportion will now bezoned new P6, P7 andP8 with previous 30metre buffer arearemoved at rear ofproperty and nowzoned AIExisting buildings onthis property appear toall now be locatedwithin the new P7zoned portion of thelands

• New P7 Zone allowsfor replacement ofexisting buildings orexpansions to existingbuildings providedexisting setbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%EnvironmentallySignificant Areas areidentified in RHOP

AI Perreault183 Orkney Road

o Public advisory process has not educatedpeople on proposed changes

o Posting draft maps on website at end of Januarynot acceptable when residents have until end ofJanuary to submit comments and not to mentionreceiving postcards after first series of meetingsSeems like City trying to slide whole processunder rug and get least possible feedback from

Former P6 zonedportion will now bezoned new P6, P7 andP8 with previous 30metre buffer arearemoved at rear ofproperty and nowzoned A1


P6 ZONE REGULATIONS

publico Concerns with P6 zone. Why can't regulations

stay as is, with current restrictions under GROAProposed zoning will limit future farming plansand devalue property significantlyIf City wants no development in P6 zone, shouldbuy all the P6 lands as will be putting restrictionson families to earn income

Existing buildings onthis property appear toall now be locatedwithin the new P7zoned portion of thelandsNew P7 Zone allowsfor replacement ofexisting buildings orexpansions to existingbuildings providedexisting setbacks aremaintained orencroachment into

Scotty Banks583 Concession 6Road West

Phil Rapattoni ,, Concern regarding entire 7 ½ acre property o Lands will now be5130 Miles Road zoned P6 zoned new P6 with

John & Linda Corlis5150 Miles Road

By-law is overly restrictiveStrongly in favour of additions to existingbuildings being permitted in P6 Zone

,, Concern regarding entire 7 ½ acre propertyzoned P6

o Only ½ acre lowland, remainder property highland with bush

,, Think lowland is only part that should be classedas hazard

@

O

Former P6 zonedportion will now bezoned new P7 and P8Existing buildings onproperty appear to belocated within new P7zoned portionNew P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Lands will now bezoned new P6 withprevious 30 metrebuffer area removedand now zoned A1New P6 Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

Summary of Written Comments Received Following Rural Zonin in November & December 2013 and January 2014

P6 ZONE REGULATIONS

While forest in back of property, majority ofproperty is on high part of land and only smallportion has a ditchPerhaps re-assessment could clarify concerns

previous 30 metrebuffer area removedand now zoned A1New P6 Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

Kelly Stukas5130 Miles Road

• Concern regarding entire 7 ½ acre propertyzoned P6While forest in back of property, majority ofproperty is on high part of land and only smallportion has a ditch

o Perhaps re-assessment could clarify concerns

Garry Beswetherick2574 2nd ConcessionRoad West

Concern regarding 61 acre property beingzoned P6

• Property has been used for agriculture,pasturage and wood harvesting. Would this stillbe permitted?Regulation 7.6.2.1 of P6 zone means thatbedroom could not be added to existing house.This doesn't make sense

o If rezoned to P6 taxes should go downdramatically

• City of Hamilton has not walked propertyo 8-10 acres that could be classed as A1o Hope final plan shows more common senseo Stream on map 118 not close to correct

Lands will now bezoned new P6 withprevious 30 metrebuffer area removedand now zoned A1New P6 Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

o Former P6 zonedportion will now bezoned A1 and new P6,P7 and P8

o Existing buildings onproperty are zoned A1as ESA boundary hasbeen refined to removethe existing manicuredarea

o New P6Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

o New P7 Zone allowsfor replacement ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is not

Summary of Written Comments Received Followinq Rural Zoning PlCsin November & December 2013 and January_ 2014

P6 ZONE REGULATIONS

greater than 10%

Linda Varangu1724 Concession 6West

o Our family supports the principal of protectingenvironmentally sensitive areas

o Our farm is on map 67 and has designations ofAgriculture A1; sensitive area P6; and CARegulated Area

• We also support the need to support farmerswith environmentally sustainable operations.These types of operations should beencouraged - if yields or efficiencies can beincreased with no detriment to the land - thenwhy not encourage them even if there is a needfor new buildings - if they don't impact on theenvironment? The way the REVISED Plan isworded new buildings cannot be built.

o We find ourselves in a situation I just described.We would like to build a greenhouse attached toan existing barn. This greenhouse would benestled between existing buildings - the barnand an implement shed. Can you provide usguidance on how we can address this situation?

What is it about our property that makes it P6?Who makes determination and how was thisdone?

o

o

0Monika Holden andRose Bandmann1147 Cooper Road

law

o Properties we own have been in our families fortwo hundred years

o Have worked hard on and off farm to produceliving and look after properties and taxes haveclimbed higher and higher

• City now telling us "new building or structuresshall not be permitted; expansions to existingbuildings and structures shall not be permitted"

• If you understand agriculture, you understandthat buildings are a big part of the industry (i.e.drive sheds, workshops, animal shelter, grannysuites, etc.)

o Clear that City does not want any agriculturewithin boundaries with the proposed zoning by-

Kal and CherylWahtras2484 Concession 2Road West

• Former P6 zonedportion will now bezoned new P7 and P8with previous 30 metrebuffer area removedand now zoned A1

o Existing buildings onthis property appear toall now be locatedwithin the A1 zonedportion of the lands

,, A greenhouse additionwould be permittedwithin the A1 Zone

Former P6 zonedportion will now bezoned new P7 and P8with previous 30 metrebuffer area removedand now zoned A1While the new P8 zonedoes not permit newbuildings orexpansions to existingbuildings, the new P7Zone allows forexpansions of existingbuildings providedexisting setbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Property contains aPSW, SignificantWoodland and ESA

Summary of Written Comments Received Followinq Rural Zoning Piesin November & December 20t3 and January 2014

P6 ZONE REGULATIONS

When people buy property not reasonable tothink how current by-laws could changeUnreasonable to put blanket ban on permits forbuilding new or adding onto existingstructures inP6 zoned properties

® Former P6 zonedportion now zoned newP7 and P8 withprevious 30 metrebuffer area removedand now zoned A1Removal of the 30 mbuffer results in thedeveloped portion ofthe lot being zoned A1which permits newbuildings andexpansions

• New P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Robert E. Jarrett1597 Millborough Line

Jim Barton579 Book Road West

Q

O

P6 Zone on majority of property, few acres A1Run maple syrup operation on a hobby basisand with proposed zoning won't have ability toexpand operation with construction of new

o Proposed zoning for property split between P6and A2Proposed regulation 7.6.2.1 for P6 will destroyvalue of our propertyStrongly object to designating any portion ofproperty P6 without detailed feedback and sitevisit by Halton Conservation

o Former P6 zonedportion now zoned A2and new P7

o The majority of theproperty (including allof the developedportion) will be zonedA2 which allows newdevelopment

o New P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Former P6 zonedportion now zoned newP7 with previous 30metre buffer area

Summary of Written Comments Received Following Rural Zoninq PlCsin November & December 2013 and January 2014

P6 ZONE REGULATIONS

,@

buildingIf we are agricultural land, why can't we developour lands for agricultural purposes. Ability offarmers to develop the farm are being limitedthrough restrictions on buildings

removed and nowzoned A1New P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Catherine Lee651 Slote Road

Julie and John RicherRusswood Farmstead1339 Old Highway 8 e

0

0

Concerned about limits of the ESA and in turnP6 Zone areaWould small structures be permitted in P6 zone?The term "existing agriculture" is confusingChange in zoning and too much control overprivate land will disable farm and ability to worktowards sustainable agricultureGoal of sustainable farming to improve landsand promote natural habitats. We need to beable to be good stewards without having handstied by legislation and bylawsSustainable, natural and organic farm practicesshould be permitted in P6 Zone with clearguidelines. Should permit pasturing a limitednumber of animals on clearly indicated acreage,small agricultural infrastructure with limitations ofbeing at least 30 metres from particular naturalfeatureLandowners should not be restricted from usingwood from their woodlots for personal use(heating) if they practice good forestrymanagementLandowners should be ableto use their landwithout restriction as long as doesn't haveenvironmentally damaging effect on land or

Concern regarding property being zoned P6 Lands will now bezoned new P6New P6 Zone nowmore permissiveallowing for additionsto existing buildings aswell as new buildingsand structures

o Former P6zonedportion now zoned newP7 and new P830 metre buffer arearemoved and nowzoned A1, which hasincreased the lot areazoned A1New P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%All Zones permitAgriculture

t

i

Summary of Written Comments Received Followin,q Rural Zoninq PiCsin November & December 2013 and January 2014

P6 ZONE REGULATIONS

natural featureo Sustainable farms in P6 zone should be given

grants to assist them in continuing a practicethat is costly and difficultAgribusinesses and big commercial farmoperations that are degrading land, soil fertility,polluting with herbicides, pesticides, humanwaste and are farming in middle of night to hidethese practices should be the primary concern ofthe City. They own vast acreage and arecausing decline of pollinators, insects, birds andanimal populations and our health as apopulation. They are also major contributors ofclimate change

o Greenbelt legislation prevents municipalitiesfrom rezoning prime agricultural lands

• This is a massive by-law change from currentby-law under which we were completelyagriculture

Troy Simillie Concern over P6 boundary splitting property at7102 Twenty RoadConcern over accuracy of P6 Zone data

property

Adrian Mohammed986 5th ConcessionRoad West

2060 Haldibrook RoadBrian Smith

West

John Verhey2980 Powerline Road

Concern regarding portion of property beingzoned P6

Concern regarding P6 Zone being applied to

• Have 55 acre farm and currently rise lambs,goats and poultry for meat or eggs

o New farmer that bought the property based onthe current agricultural zoning

,, Primary concern is the proposed P6 Zone as it

• With the removal of the30 m buffer there is noP6 zoning remainingon the property

o Entire property iszoned A2

o With the removal of the30 m buffer there is noP6 zoning remainingon the property

o Entire property iszoned A1

With the removal of the30 m buffer there is noP6 zoning remainingon the propertyEntire property iszoned A1

Former P6 zonedportion now zoned A2,new P6, new P7 andnew P8 with previous30 metre buffer area

Summary of Written Comments Received Followinq Rural Zoninÿin November & December 2013 and January 2014

P6 ZONE REGULATIONS

applies to my property as the P6 portioncontains the pastures, barn, barnyard, two wells,house, two driveways, hydro service andgreenhouse frame

o Fear is that at some point in future barn will needto be replaced and new storage buildings willneed to be constructed for the farm operation inorder to remain competitive and the P6regulations state that "no new buildings orstructures" and "expansions to existing building"would not be permittedIf I cannot expand or change layout of existingbarn foundation I will have no other alternativethan to stop farming

• Have also wanted to expand my maple syrupproduction as current bucket collection methodwill not allow me to expand.Would need to construct a centralized sugarshack within maple bush and this would haveless impact on environment than using heavyequipment through forest

o Under P6 regulations I could not build this andwould be forced to abandon this revenue streamIf draft zone not changed to allow any room forgrowth or expansion of these buildings oraddition of agricultural accessory buildings onmy farm, I cannot remain competitive with otherfarms outside the Greenbelt or on internationalbasis

o Farms today need to be flexible and efficiento City is also proposing EIS and Linkage

Assessments to be required for new buildingpermits and these studies could range in costfrom $5,000 to $20,000 and still doesn'tguarantee Conservation Authority will grantapprovalUncertainty unacceptable for any new farmbusiness

o If proposed zoning remains as is and theConservation Authority or City doesn't allow meto build, replace or expand my barn oragricultural buildings, I would be forced to buildin A2 portion. This would remove arable landsout of agricultural production and in turn reduceprofits and efficiencies of hay and field crops andI would be forced to add half mile of hydroservices, new wells and new road to make farm

removed and nowzoned A2

e Removal of the 30 mbuffer results in alarger portion of the lotnow zoned A2

o ESA boundary hasbeen refined to removemanicured anddeveloped portion oflot. This area will nowbe zoned A2.

• Further review of theESA boundary in thisarea is ongoing andmay result in additionalareas being removedfrom ESA boundary.

o The new P6 Zone nowmore permissiveallowing for newbuildings andstructures as well asadditions to existingbuildings

e New P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Summary of Written Comments Received Followinfl Rural Zonin_g_PiCsin November & December 2013 and January2014

P6 ZONE REGULATIONS

operationally viableAs my A2 zone portion is landlocked fromConcession Rd these services would transectthe P6 Zone and this would increase heavy farmequipment and vehicles through P6 zone

• Does this make any sense? Would the CA allowthis?The costs from such a situation would beprohibitive and would bankrupt my farm

o Although the city does not consider my landprime agricultural land, I was able to achieve 50bushels/acre of soybeans and the draft zoningwould remove very productive lands out ofagriculture

,, I am concerned farming community not properlyconsulted for their comments as the on-linedocuments concerning Zoning by-law containedtwo different definitions for P6 - one thatpermitted agriculture and one that permittedexisting agriculture

,, How many older farmers may not have internetand therefore would not have commented onthis.

o When mapping was presented in 2010, I hadissue with accuracy of maps as some featuresmapped incorrectly

,, Two steams indicted on my property do not exist• How old were the base maps used in

determining these features? Were any fieldsurveys conducted to verify accuracy? Seemspolygons used in mapping of rural zones,digitized using are photo interpretation withoutany ground monitoring

o Concerns over mapping brought to attention ofRobert Clackett (City) and Watershed Officer(CA) previously and both assured me thatagriculture would continue to be permitted notjust existing agriculture with building restrictionsand therefore 1 never pushed the mapping issueat that time

o Broad brush approach in creating public policybased off of erroneous data not for the better ofanyoneIf the proposed zoning was to go forward, Icannot go forward with this farm business andwill not be willing to invest anymore within City of

,, Earlier version of P6Zone attached to staffreport did not provideclarity with regard topermissions of thezone particularlyregarding newdevelopment. This wascorrected in the revisedversion posted to thewebsite and presentedto public at OpenHouses

° Zone mapping is basedon Core Areasidentified in RHOP

Summary of Written Comments Received Followinq Rural Zoninq PlCsin November & December 2013 and January 2014

P6 ZONE REGULATIONS

Hamilton® I do not believe economic impacts of the zoning

change have been fully explored and small ornew producers will start to fade out as theybecome inefficient as result of the proposeddesignations and regulationsAs the draft zoning reads, the goals of the RuralOfficial Plan as they apply to agriculturalprotection do not apply to my property or smallfarm business

• Proposed zoning will force me out of agricultureand I ask you to reconsider the P6 Zoneregulations and their ramifications as theypertain to agriculture

• There must be a middle ground that offersprotection to both natural features and smallfarming operations

o I have a right to farm and the barriers to beingsuccessful in agriculture are already enormous

o Barriers to entry will be impossible should theregulations as proposed be adopted

Dan Lane1268 Gore Road

Concern regarding extent of property beingzoned P6

o Former P6zonedportion now zoned newP7 and new P8 withprevious 30 metrebuffer area removedand now zoned A2Removal of the 30 mbuffer results in alarger portion of the lotnow zoned A2

• Most of developedportion is zoned A2

o New P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

Edward Gruppe o Concern regarding property being zoned P6 ÿ Former P6 zoned1334 Powerline Road portion now zoned new

Summary of Written Comments Received Followinq Rural Zonin.q PlCsin November & December 2013 and January 20t4

P6 ZONE REGULATIONS

WestLynden, ON

P7New P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

James WebbWEBB PlanningConsultants Inc.


On behalf of 1292 OldHighway No 8

o Currently my 4 acre property is split zoned A andCM. My house and garage are located in the A-zoned area.

o The new mapping now shows almost my entireproperty zoned P6, and just my front yard as A2.I read that the new P6 zoning is based on CoreAreas, but 1 have to question how accurate thatmapping is. According to much more detailedmaps I have obtained from the ConservationAuthority; my home is located outside thesignificant wetland, woodland and ESA areas.

o I would like to hear from you regarding theimplications of the zoning change, and whetheror not either a zoning boundary adjustment orexception can be investigated for my propertybefore the by-law comes into force, in order torecognize the location of the single-familydwelling and garage as of right.

Beverly Shepard1070 TenthConcession WestFlamborough

,ÿ We live on P6 Zoned property which will notpermit addition of any new structures

o Built compost bin and raised bed vegetablegarden two years ago

,, Would these structures have been forbidden ifnew zoning in effect

o If so, the P6 zone will make country life prettydifficult

• We do not have any tax breaks on this ;and

lan Dunlop27 Campbellville RoadFlamborough LOP 1B0

This P6 portion iscurrently under reviewby staff, additionalinformation is beingrequested from owner

• Removal of the 30 mbuffer results in alarger portion of the lotbeing zoned A2,including the houseand garageThe remainder of theformer P6 portion isnow zoned new P7which permitsexpansions to existingbuildings

o The split between theA2 and P7 zones.in theproposed By-lawfollows very closely tothe current zoningwhich is split betweenA and CM

Former P6 zonedportion now zoned newP7 and a small portionof new P8 to the rearNew P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks are


P6 ZONE REGULATIONS

which new zoning will not permit us to touchThis needs more consideration

maintained orencroachment intoexisting setbacks is notgreater than 10%

Jen Dodds1937 4th ConcessionRoad WestTroy

• Understand why we have zoning but concernsare who decides these zones and restrictionsthat go along with them

o What studies were done so that property ownerswould not be negatively impacted by yourdecisionsMy property has been zoned agricultural and

Anne Jones2350 SecondConcession Road West

Lynden

o Former P6zonedportion now zoned newP6, P7 and new P8with previous 30 metrebuffer area removedand now zoned A1Removal of the 30 m

H5 provision does notprohibit futuredevelopment, itindicates thatadditional informationis required beforedevelopment mayproceed

o Former P6 zonedportion now zoned newP6 and new P7 withprevious 30 metrebuffer area removedand now zoned A1

o Removal of the 30 mbuffer results in alarger portion of the lotbeing zoned A1

o New P6 Zone nowmore permissiveallowing for newbuildings andstructures as well asadditions to existingbuildingsNew P7 Zone allowsfor expansions ofexisting buildingsprovided existingsetbacks aremaintained orencroachment intoexisting setbacks is notgreater than 10%

There is a building lot on corner of my farmmarked as A1 and I think the owners will notappreciate paying taxes for something they willnever be able to build on as according to yourrules the lot is not even an acre in size

o The P6 area on my property is too largeo Some of the P6 area is used for my agricultural

business which is horses and while I understandI can continue agriculture, I hope to expand infuture

• I have just put a lot of money into a buildingwhich could possibly be in P6 area and wish tohave opportunity to expand if needed

• The farm is my business and income anddisheartening to think I will never make enoughmoney to save for futureWould like to forward copy of what I think P6should be, but can't attach hereVery hard to tell dimensions of bubbles and Iwant to be sure 1 can expand in future

Summarv of Written Comments Received Followinq Rural Zoning PiCsin November & December 20t3 and January 2014

P6 ZONE REGULATIONS

conservation landI figured that the conservation land zone hasdecreased my property values considerably as Iam not permitted buildings on the land I paytaxes on

o Who will compensate me for this loss of use ofland

• These regulations will prevent me from buildingmuch needed shelters for my animals andprevent me from being able to put up a kennelfor dogs which was going to happen to helpsupplement my income after retirementI am also concerned with all of your regulationsand distance for buildings from property lines

buffer results in alarger portion of the lotbeing zoned A1New P7 zone nowpermits expansions toexisting buildingsA kennel is permitted inthe A1 zoned portion ofthe property

Catharine Dunn2525 SecondConcession RoadWestLynden

Lin Vanderszagge839 Brock Rd.RR#4, Dundas, L9H5E4

Wayne Caldwell onbehalf of DeborahCaldwell

Dave Mercer1055 Highway 6

• Concern over extent of P6 on property• Property has been filled so P6 no longer applies

Concern over extent of P6 on property

The new proposed zoning proposed to zonevirtually the entire property P6 with a tiny A2portion

Concern over extent of P6 zone on property • With the removal of the30 m buffer there is noP6 zoning remainingon the property

• Entire property iszoned A1

Former P6 zonedportion now zoned A2after further mappingreview indicatesfeatures are notpresent on the site

Former P6 zonedportion now zoned newP8 with previous 30metre buffer arearemoved and nowzoned A2Removal of the 30 mbuffer results in alarger portion of the lotbeing zoned A2,including all of thedeveloped portion ofthe lot

Former P6 zonedportion now zoned newP8 with previous 30

Summary of Written Comments Received FollowinQ Rural Zoning_ÿ_Cÿin November & December 2013 and January 2014

P6 ZONE REGULATIONS

2290 Highway 6RR 3Puslinch

Entire property is also subject to ConservationAuthority regulationsA2 Zone permits a single detached dwelling,while P6 zone permits an existing singledetached dwellingAlso,P6 zone regulations do not permit newbuildings or structures as well as expansions toexisting buildings and structuresThis property is designated Rural in the RuralHamilton Official PlanRequest: extend the A2 Zone boundary toinclude the building area and associateddeveloped landsReasoning behind request is to clarify that theexisting residence could be re-established orreconstructed in the event of accidentaldestruction or a decision by future propertyowner to rebuild in same locationIt is recognized that property will continue to besubject to Conservation Authority regulationsThe current proposed zoning appears to includethe parking area adjacent to the buildings withinthe A2 portion, but not the buildings themselvesThe above request is based on the following:

1. The existing residence has been in placefor approximately 60 years with anaddition constructed in the 1970's

2. According to existing zoningapproximately half of the property iszoned A and this zone permits aresidence. The existing CM Zoneportion, where residence is located, alsopermit agriculture, which permits aresidence. The location of the existingresidence is at a relatively high elevationoverlooking the property and I believethis is an optimum location on theproperty both from a building and anenvironmental perspective

3. The property is designated Rural in theOP and the request appears to be inconformity with this designation

metre buffer arearemoved and nowzoned A2Removal of the 30 mbuffer results in alarger portion of the lotbeing zoned A2,including all of thedeveloped portion ofthe lot

Albert Land5 Cumminsville Drive


e 30 metre buffer areanow removed fromformer P6 portion

Summary of Written Comments Received Following Rural Zoning PlCs,in November & December 2013 and January 2014

P6 ZONE REGULATIONS

resulting in entireproperty now beingzoned Sl

Dino Rubli3 Cumminsville Drive

Many other owners in this area will face similarimpacts, so the city can expect more contactsregarding this issue.

+ When I bought my property in 1983, I wasinformed that much of my 3 acre properly wason the floodplain, but that the section abuttingCumminsville Drive was not and that building onthat section was acceptable. I have a letter fromConservation Halton confirming this. The floodplain area is well documented and mapped. Thezoning plan I saw on the Hamilton web site aabout 3 years ago confirmed this with the floodplain section shown as "hazardous".

o With the proposed rezoning, the line has beenshifted so that approximately 1/2 of theresidential section of my property wil! be zonedas "hazardous". So what are the implications?

+ My workshop built in 2008, my septic systemand other landscape features will now be in the"hazardous" zone. While they may be"grandfathered", they would be non conforming.So when my septic system needs to be rebuilt,as an example, this will not be allowed sinceseptic systems are not allowed in "hazardous"areas. So I will have no access to washrooms,laundry or kitchen facilities at my home.

o Will decrease the value of my homeo Why is my property being rezoned?• Did not receive postcard notification.

30 metre buffer areanow removed fromformer P6 portion andnow zoned SlThe existing buildingson the property appearto all now be locatedwithin the $1 portion ofthe property

o Remainder of formerP6 portion now beingzoned new P8

Summary of Written Comments Received Foilowinq Rural Zoninq PlCsin November & December 20i3 and January 2014

LANDSCAPE CONTRACTING ESTABLISHMENTS

Submitted by

John Bennett andElizabeth BluemkeLynden, ON

Written Comments

Main concern has to do with "Secondary use" ofsmaller parcels of Agriculturally-zoned land,located near Settlement Residential areas:Specifically, the ability of Landscape ContractingEstablishments to operate on lots where a bona-fide farming operation is effectively untenable.While we fully support the ability of farm familiesto supplement their income by engaging incompatible secondary use in rural zones, wehave seen and experienced incidents of larger,fully independent landscaping companiesrelocating to small parcels of Agriculturally-zoned land to take advantage of lower tax ratesand lax regulation. Formalizing this use in theRHOP will increase the flight of what are clearlycommercial operations from commercialproperty to inadequately-regulated rurallocations. Minimal or no farming is taking placeon such properties, irrespective of whether ornot the landowners hold a Farm Registrationnumber.We have seen significant disruption of our ruralenvironment, with such operations beginning asearly as 6:00 AM in the morning, seven days aweek, continuing late at night, with theassociated noise, traffic, dumping / burning ofwaste, and other nuisances. Minimal or nofarming is taking place on such properties,irrespective of whether or not the owners hold aFarm Registration number. Carving out anexemption for such use will exacerbate theseproblems.The mechanisms contained in the proposedzoning regulations for limiting the size ofsecondary use do not adequately address theseissues, and have no method for ensuring thatthe "secondary" use is truly secondary to theprimary agricultural use of the land.We have seen examples of landscaping firmswith existing commercial property in Hamilton,multiple employees, a half-dozen trucks, trailers,dump trucks, snow removal machines and


May, 20t4Revisions made toregulations pertaining toLandscape ContractingEstablishment -Secondary within the A1and A2 Zones.



Bobcats, operating full-time from a smaller, A-zoned property, which directly abuts SettlementResidential land. Even if the bare minimum offarming income were to be produced on theproperty, it would be eclipsed by the six-figureincome generated by the business. This is anongoing concern with multiple residents of thesettlement area, with a significant disruption ofdaily life occurring on an ongoing basis.

o We believe that Hamilton can use theexperience of other local communities in dealingwith these types of issues, and that there is littlejustification for including the special category of"Landscape Contracting Establishments" as asecondary use.

o The establishment of the dominant use of aproperty for a Landscape ContractingEstablishment that does not primarily involvegrowing would not conform to the GreenbeltPlan.

,, Halton restricts secondary uses to"CommercialFarms", defined as "a farm which is deemed tobe a viable farm operation and which normallyproduces sufficient income to support a farmfamily." This confirms and strengthens thesecondary use requirement.

o Municipality of Clarington, in Durham Region,has adopted an official plan that more tightlyregulates secondary uses on Agricultural landthat abuts rural settlement areas. Their officialplan only allows secondary farm-relatedindustrial/commercial uses provided that suchuses do not abut any designated rural settlementareas.

o The Rural Hamilton Official Plan specifies that"On-farm secondary uses are secondary to the

primary agricultural use of the land... [and]...

The use shall be clearly secondary to theprimaryagricultural use".The terms "primary", "secondary" and "principle"

listed above are key, and it is incumbent uponthe city to ensure that the primary use of theland remains agricultural. Currently, however,

Summary of Written Comments Received Following Rural Zoning PlCsin November & December 20t3 and January 20t4


the provisions in the RHOP do not provideadequate mechanisms for doing so.The addition "Landscape ContractingEstablishment" as a recognized secondary usefor Agricultural land was recently added and thistype of commercial operation on a non bona-fidefarm operation has significant potential to disruptrural life, and will likely result in the losscommercial tax revenues for the City of Hamiltonas businesses discover the advantages ofmoving their operations to small-scale ruralparcels.We believe that Zoning should:1) Provide stronger mechanisms for ensuring

that "Secondary" use for Agriculturally-zonedland is clearly secondary. Othermunicipalities, such as Halton, restrictsecondary uses to "Commercial Farms",which are defined as "a farm which isdeemed to be a viable farm operation andwhich normally produces sufficient income tosupport a farm family."

These mechanisms can include:A definition of "Secondary use" based onrelative income compared to farm incomeA larger farm size requirement to ensure aviable operation. We believe that the currentrequirement of four hectares is too small toensure that a farm is a bona-fide agriculturalenterpriseRequire a larger percentage of land to be

actively farmedRequire that more than 50% of commodityand service sales be of farm products andservices

- Restrict operating hours of secondaryusages

- Provide larger setbacks and screeningrequirements that limit the abuse of smallerproperties

2) Provide greater protection for SettlementResidential-zoned properties in rural areas.A large concentration of rural residents are



located in Settlement Residential zones, andencroaching commercial operations cantherefore affect a large number of families.One approach used in other jurisdictions is tolimit secondary uses on any land abuttingRural Settlement zones. For example, inDurham Region, the Municipality ofClarington allows secondary farm-relatedindustrial/commercial uses provided thatsuch uses do not abut any designated ruralsettlement areas.

3) Remove "Landscape ContractingEstablishment" as a defined "Secondary"Use category for Agriculturally-zoned lands.The Official Plans in other Greenbelt-regulated municipalities do not providespecial dispensation for LandscapeContracting Establishments: Hamilton shouldfollow suit, and not carve out a specialexemption for these quasi-agricultural/commercial operations that willsignificantly affect the rural environment,

Our family has lived in rural Hamilton for anumber of years, and we have seen the ongoingabuse of the existing zoning regulations by largeand small commercial operations.We believe that formally allowing LandscapeContracting Establishments as a secondaryagricultural use with ineffective provisions forenforcement is the wrong approach, and urgecouncil and staff to revisit this policy.

Jim and Tanya As rural residential home owners we areconcerned that the zoning will officially allowcommercial businesses to operate in ourresidential neighborhoods. We have alreadyexperienced the negative effects of illegal,commercial businesses in our rural environmentincluding early morning and late eveningoperations, 7 days a week, numerousemployees plus their personal vehicles,increased traffic, obnoxious noises, foul smells

Revisions made toregulations pertainingto LandscapeContractingEstablishment -Secondary within theA1 and A2 Zones.

Summa,rv of Written Comments Received Following Rural Zoninÿin November & December 2013 and Januarv 20t4


and unsightly views. Plus, most of these illegalbusinesses have nothing to do with agriculturalfarming. For instance, landscape constructionand maintenance are in no way related tofarming and therefore should not be consideredsecondary to the primary agricultural use of theland. By legitimately allowing commercialbusinesses to operate in the rural community thezoning will only exacerbate these problems.New rural zoning does not have adequaterequirements and restrictions to ensure thatthese commercial businesses/secondary usesare truly secondary to the primary agriculturaluse of the land. For instance, when the revenuegenerated from the commercial business farexceeds the revenue generated from the farmthis can no longer be considered secondary use.Also, the current minimum land requirement ismuch too small of an area to not interfere withthe quality of life and resale value of surroundingresidential properties. The zoning does not havean adequate means of differentiating andenforcing farm use vs. secondary use in terms ofnumber of employees, equipment, out buildings,hours of operation and so forth.The changes to home industry in the RHOP willalso negatively impact the rural environment. Forinstance, under this proposed zoning it will nowbe plausible for trades persons (eg. cabinetmakers, welders, etc) to run their businessesadjacent to rural, residential properties. Similarto the secondary use of agricultural land, thesehome industries will result in a disruption to therural way of life. Commercial businesses shouldremain in commercial/industrial areas.Formally allowing commercial businesses tooperate in rural, residential neighborhoods is notonly detrimental to the rural environment butalso to the quality of life of its residents. Westrongly request that city staff and councilconsider these issues and make appropriateamendments to the zoning.Also the P6 zoning of our property. There is nowa possibility of the bylaw limiting/denying us theability to modify or expand on our property.

o Former P6zonedportion now zoned newP7 and new P8Developed portion of

Summary of Written Comments Received Following Rural Zoninq PICsin November & December 2013 and January 2014


property would bezoned new P7, whichpermits expansions toexisting buildings

Marc SchuttenGranite Park Inc,1285 Brock Road

General Considerations:Q Good that the Landscape/Horticultural Industry

is finally given its proper place under theheading of 'Agriculture' since it really does fallunder its umbrella.

• It is also fitting that this new zoning includesLandscaping as permissible use.

• By its very nature, and the equipment needed tosustain this industry, it has always beenunsuitable for any urban inclusion.I have been in this industry for 30 years and canassure you that is the case. Urbanites willcomplain long and hard about noise, business,traffic etc. It really does not work there. And sothe shift was, and continues to be to ruraldestinations.

o The reality is (at least in Flamborough) that thereare so many landscape companies operating inour rural areas that it would be impossible to notacknowledge their existence. This does notmean that we could not restrict it.

o Have spoken to Councillor Pasuta who lives inour area and one of the concerns we share isnot that there are landscape companies runningt'heir businesses from rural areas, but rather thatthere seems to be few restrictions on where andto what degree these businesses can operate.You can see where some are trying to cram theirlandscape business on a 1 acre parcel. Theseare the ones this zoning needs to restrict and/orprevent from happening.

Revisions made toregulations pertaining toLandscape ContractingEstablishment -Secondary within the A1and A2 Zones.

Specific Considerations and Guidelines forLandscape use:• The parcel of land on which a landscape

company operates must be 4 acres or more.o It must be of a size to meet all proper set back

requirements and possibilities for setbacks.From property lines, street lines, neighbours etc.

Summary of Written Comments Received Followinq Rural Zoning PlCsin November & December 2013 and January 2014


o Out buildings should be erected for purposes ofadequate storage. These outbuildings will haveto be sized according to the requirements andneeds of an operator. This will naturally fallunder Building Department requirements. Thepurpose of these structures would be to allow forstorage of vehicles, equipment and the like asper new proposed guide lines.

o There ought to be basic landscape requirementsfor the premises to ensure the property isvisually appealing. (ie: not slabs of concrete andasphalt over the entire area with little landscapearrangements to make it look appealing),

o There ought to be "visual City audits" to ensurecompliance. This ought to be a desirable andreasonable arrangement for any operator who isalso a rural dweller as they have a financialinterest in seeing it this way,

o If you keep the above in mind, we will eliminatethe eyesores from our rural community.Operators will need to invest in their operation toensure compliance as well as an environmentthat is in keeping with the intent of this newzoning.


WINERIES AND BREWERIES

Submitted by

C. McMaster

Written Comments

e Wineries now allowed. Reconsider restrictiverules so Hamilton can be competitive withNiagaraShould allow micro-breweries too


May, 2014Wineries nowpermitted within boththe A1 and A2 zones.Agricultural breweriesare permitted under theproposed zoning inboth the A1 and A2zones.

Agricultural brewerieshave now beenidentified as being anAgricultural ProcessingEstablishment -Secondary use withinthe definition.

Residential care facilities should not be allowedin Agriculture (A1) zone. Only permit thosealready existing

OP provides directionto permit ResidentialCare Facilities

,, In 2012 submitted formal consultationapplication pertaining to establishing craft micro-brewery on property, using ingredients grown onsite in making the beer.

• Micro-brewery would be established in anexisting implement shed on site.

o At the time of the formal consultation application,Rural OP was not in effect yet and were assuredthat micro-brewery would be a use that fell underRural OP permissions

• Believe zoning by-law should state that a micro-brewery is a permitted use

Tanya and StevenHogarth2027 Highway 5, RR 1Troy

Agricultural breweriesare permitted under theproposed zoning inboth the A1 and A2zones.

Agricultural brewerieshave now beenidentified as being anAgricultural ProcessingEstablishment -Secondary use withinthe definition.


ABATTOIRS

Submitted by

Mrs. Welsh and Mrs.

Stewart

Rob Vanderboom933 Brock Road

Written Comments

Concern with abattoir being permitted under newRural zoning

A2 - Setbacks for an abattoir - setback is 100 mfrom residential use, This is inadequate inproximity to residential neighbouring use; froman odour issue and water runoff concem...i don'twant ecoli in my well water, What is the size ofthe allowed abattoir usage, and what approvalswould need to occur before someone could setup an abattoir beside my small residential lot?


May, 2014o Abattoir is only a

permitted use in A2Zone

,, Additional regulationfor increased lot sizehas been included inthe A2 Zone pertainingto Abattoirs

• Additional regulationfor increased lot sizehas been included inthe A2 Zone pertainingto Abattoirs

• Maximum sizepermitted for abattoir is500 sq m

• Federal and/orprovincial approvalsrequired forestablishment of newabattoir

Murray McCabe4t 1 5th ConcessionRoad West

A2 - Agricultural processing establishment - froma residential perspective, as a potentialneighbour to this use, what guidelines would bemade for traffic, & times of operation, as therewill likely be implications for trucking, similar towhat was experienced in Millgrove, forSunFresh(?) application, which has now re-located to Highway 6, from 5th concession west.In addition, a setback of 30 metres, is notsufficient to NOT interfere with a neighbouringresidential use!

o Under agritourism definition - why can'trestaurants & banquet halls be allowed - i wouldlike to have these options, if suitably located,available in my rural neighbourhood?Concern over whether an abattoir could be setup beside homeWould there be consultation or official request toappeal before project could proceed

Zoning By-law does notaddress noise (NoiseBy-law) or truckingissues. 30 m setbackexceeds D6 guildelineminimum separationfrom a Class 1 use

• Restaurants andbanquet halls notpermitted under OP

Abattoir is only apermitted use in A2ZoneAdditional regulation

Summary of Written Comments Received Followinq Rural Zoninq PlCsin November & December 20t3 and January 20t4

ABATTOIRS

Wayne Hussey10 Stonebury Place

Concern over A2 Zone allowing for ability forslaughter house to be set up

for increased lot sizehas been included inthe A2 Zone pertainingto AbattoirsAbattoir is only apermitted use in A2ZoneAdditional regulationfor increased lot sizehas been included inthe A2 Zone pertainingto Abattoirs

Summary of Written Comments Received Following Rural ZoningPÿ_sin November & December 2013 and January 2014

EXISTING RURAL INDUSTRIAL ZONING

Submitted by

Relf DevaneyAldershotStructural(1986)Limited437 Ofield Road South

Written Comments

® 437 Ofield Road South property currentlycontains structural steel fabrication plant andsurrounding properties also industrial

o Proposed zoning for property and surroundinglands A2, recommend applying rural industrialzone to these lands


May, 2014Regarding ruralindustrial uses, policiesof the Greenbelt Planand the RHOP do notallow for therecognition of all useswhich are currentlypermitted, but not built,on a property to becarried forward. Thepolicies do allow for alluses which arecurrentlyexisting on a propertyto be carried forwardand recognized in thenew zoning by-law.

Also P6 portion on this property which should beremoved as has been altered extensively overyears

With removal of 30 mbuffer, there is no P6Zoning remaining onthe subject lands

Wants meeting to discuss concerns eitherindividually or with the business owners in area

Staff have offered tomeet with resident todiscuss a specialexception, but have notreceived response

Summary_of Written Comments Received Followinq Rural Zoning PlCsin November & December 2013 and January 2014

SPECIAL EXCEPTIONS

Submitted by

David W, AstonMHBC PlanningOn behalf of TrimacTransportation489 Highway 8

G. Thevathasan

Written Comments

Concerns regarding the wording of the specialexception for this property so that it captures allof the uses currently existing on the propertybeyond the existing transport terminal

Wants to expand uses on property that currentlyhas existing gas station to include restaurant orcar wash

Nimmi Khurana andTed van Overdijk1233 Safari Road

Don MarshIron City Ag LeasingInc.

1379 Highway 5 West

Sam Shah andSoneil Properties3761 Highway 6

Georgina Beattie1375-1381 Highway 8

Concerns regarding proposed zoning forproperty at 1375-1381 Highway 8 property

Concerns regarding the wording of the specialexception for 3761 Highway 6 property so that itcaptures all of the uses proposed as part of siteredevelopment (car sales, motor vehicle servicestation, gas station with convenience store,restaurant with drive-through)

e Property currently zoned 'A' Agriculture underFlamborough Zoning By-law and wants zoningto remain intact

o Wants to keep current permission for existingmental health practice that's permitted undercurrent zoningWants stand-alone permanent help housepermitted as of right

o Property has two businesses: County AgServices and Marsh Brothers TractorHave three buildings that total over 50,000square feet and employ 25 people year round


May, 2014o Meeting held to

discuss specialexception. Currentzoning = M3Special Exception hasbeen revised andprovided to agent andowner ÿ"-

o Proposed site specificcan only recognizeexisting legallyestablished uses

o Meetings held withowner to discussconcerns.

• Review ongoing

Meeting held todiscuss concerns.Current zoning = C4-065

o Special Exception hasbeen revised andprovided to agent andowner

Meeting held todiscuss concernsSpecial Exception hasbeen included for thisproperty and providedto owner, whichrecognizes the existingmental health practice

Meeting held withresident to discussconcerns. Currentzoning M3-10

Summarv of Written Comments Received Followin,q Rural Zoniÿin November & December 2013 and Januarv 2014

SPECIAL EXCEPTIONS

,, Rural zoning makes mention of no storage in thefront yard, but we don't have a rear yard asproperty has frontage on two highways

,, This property can never revert to AgriculturalusageOur property has long been commercial andcommercial property worth more than rural.Please maintain our commercial zoning

• Special Exception hasbeen provided toowner

Michael Shepherd65 Oak Avenue

Concern regarding the site specifics applied tothe property

Dr. Paula DupuyTroy VeterinaryServices1165 Highway 8PC Box 61

AssociatesOn behalf of 57 and 5812th Concession Road

East

Ruth VictorRuth Victor and

Wants to maintain existing special exceptionpermitting auto repair garage on the property

o Wants the proposed Rural Zoning to reflect thesite specific Flamborough ZBL amendment thatwill be going forward to Council in March

Owner of Troy Veterinary Servicing requestingthat a special exemption be granted to allow afarm animal veterinary service on the propertyTroy Veterinary Services was started in 2004out of my home in Troy. I provided mobileveterinary care to equine, small ruminant

William Johnston1062 Gore Road

@

O

Current zoning = R2-19, R2-24 and CMLocated within portionof Greensville RSAwhich may beimpacted byrecommendations ofGreensvilleSubwatershed Study,will not be zoned at thistime, Town ofFlamborough ZoningBy-law will remain ineffect .Current zoning = A-24Special Exception hasbeen included for thisproperty and providedto owner, whichpermits auto repair

Special exception willbe updated to reflectapproved zoning by-law amendment

Current zoning = A andCM.

,, Operation is not legallyestablished

e Property is designatedAgriculture in RHOP

Summary of Written Comments Received Following Rural Zoninnÿq_E].ÿ_" in November & December 2013 and January 20t4

SPECIAL EXCEPTIONS

Sheffield, ON L0R 1Z0 (sheep, goats, llamas, alpacas), cattle, swine,poultry and domestic animals in the ruralcommunity of Flamborough. In 2006 I moved tomy current address at 1165 Highway 8 just eastof the village of Sheffield and continued tooperate my mobile veterinary service from thislocation. Since that time a natural demand hasevolved to treat animals on site, primarily for sickand surgical cases. We regularly treat horses,ponies, goats, pot-bellied pigs, poultry, rabbits,dogs and cats on site in addition to our mobilefarm service. The vast majority of our clienteleis from our local rural community. The practice,both mobile and onsite is able to operate out of,and contained within, existing buildings on site.My property is a 38 acre parcel of land with aprimary residence, a barn used to house horsesand a Quonset Hut for hay and farm implementstorage. Approximately 23 acres is used topasture horses and ponies and to crop hay.This land is not however, prime agricultural landdue to the bedrock that sits very close (0-12") tothe surface throughout the farm. In fact, thereare several visible rock outcroppings. Also thetopsoil is primarily clay with broad areas ofwetland. The provincial land classification mapsare erroneous, but the city has more specificplans, which indicate the soil limitations andrender the land "rural" as opposed to"agricultural". The remaining 15 acres includethe residential/building area as well as a largepiece of woodland with a creek that is currentlyzoned conservation land and will be in the newconservation/land hazard zone. For thesereasons, this particular parcel of land does not fitwell into the proposed prime agricultural zoning.It is my hope that you consider my request andwill make the appropriate adjustments to allowmyself, and my staff to continue to serve theveterinary needs of our local agriculturalcommunity.

which does not allowfor stand-aloneagriculturally relatedusesProposed zone is A1,which implements theAgriculture designationand therefore does notpermit VeterinaryService - Farm Animaluse. As such, usecannot be recognized.An Official PlanAmendment would berequired.

Herman CiardulloOakridge Group Inc.

Have operated Oakridge Landscaping since1992 and have been at current location since1994

Current zoning = A1and A1-198Meeting held to

Summary of Written Comments Received Following Rural Zoning PICsin November & December 2013 and January 2014

SPECIAL EXCEPTIONS

340 Hwy 20, RR1Hannon, ON L0R 1P0

o We were very encouraged to learn at the PICthat landscape contracting businesses were,going to be permitted in rural areaOur business was established with assistanceand full knowledge of former Councillor DavidMitchell

o Before making initial investment into the propertywe wanted to ensure landscape business met allmunicipal and regulatory requirementsOn Councillors advice we met with Glanbrook°schief building and planning officials to confirmthat landscaping business and accessory gardencentre would be permitted and we aredevastated to learn that all of our recordsincluding permissions pertaining to our operationhave gone missing from the city records

o Over the years we have made significantinvestments to the landscape businessIt wasn't until we reviewed details of draft zoningthat led to this letterUnder new regulations, while landscapingbusiness is a permitted use, we contraveneseveral of the proposed regulations being: wealready have more than 250 sq. m. of floor area;we do not reside on property and have nodwelling on the property; and we employ morethan 3 non-resident employees

,, Most staff come to site in morning, receiveassignments and leave for rest of the day, wehave over 100 sq. m. of outdoor storagecomprised of landscaping material and this istypical of our operation and we typically havemore than four commercial vehicles parked onsite in un-enctosed buildings and no uncommonfor this type of business and not economicallyviable to establish a landscape business underscenario proposed by city

o We are asking that the city recognize ourexisting landscape business and not asking forany further expansions

o Operation has existed for over 20 years withoutany complaints or conflicts

o We can provide you with all the history to assistin considering our request

discuss concerns• Review is ongoing

Summary of Written Comments Received Following Rural Zoninÿin November & December 2013 and January 2014

SPECIAL EXCEPTIONS

Please provide us with written notice of futuremeetings, notices and reports relates to, the ruralzoning by-law

Ed FothergillOn behalf of GardenGrove Nursery136-156 5thConcession Rd E

Existing nursery and landscape contractingestablishmentRequest for site specific provisions to beincluded in the rural zoning by-law to recognizelandscape contracting establishment

Staff are reviewingcorrespondence andwill meet withagent/owner to discuss

Summary of Written Comments Received Following.Rural Zonin_q PlCs" in November & December 2013 and January 2014

OTHER COMMENTS

Submitted by

-leather Danseneau

RR#2

Written Comments

,, All our questions were answered verywell.Hamilton is recognizing our specialneeds.


May, 20t4Comments/Statementsnoted

Roy Lyons446 Rock Chapel Road, RR2Dundas

Tony OnuferBox 39, Millgrove

A number of zoning provisions andrestrictions are inaccurate and couldimpact agriculture.Agriculture to thrive needs:

1. Roads2. Proper drainage3. And freedom from regulations

that make no sense butimpede a farmers ability tofurther accepted legal activities

What stakeholders were involved indrafting of the zoning by-law?By-law should have a need and be fairto allWhy does Agritourism excludebanquet halls and restaurants?

Are farm animals prohibited on aproperty that has a kennel?

Why does Winery not includerestaurant, banquet hall andconvention facility?

How was agriculture minimum lot areaof 40.4 ha arrived at?

Setbacks for kennels would probably

Areas being ditched on municipalproperty. No place for the water to gounless it is ditched on private property.

Concern not related to

Zoning

,, Consultation withpublic and ARAAC

Banquet halls notpermitted based on O

Farm animals are notprohibited on propertywith kennel

Banquet halls andrestaurants notpermitted in OP

e Greenbelt Plan andOfficial Plan require40 ha for new lotcreation

,, Existing buildinglocations are

Summary of Written Comments Received Following Rural Zoning Piesin November & December 2013 and January 2014

OTHER COMMENTS

put most existing kennels in violation

0.4 ha minimum lot size for residentialwould put most dwellings in violationand setbacks would be impossible tomeet

recognized through4.12 d)Existing lots andbuilding locations arerecognized through4.12 d)

100 metre setback for abattoir toomuch

o Maximum 1 ha lot area for place ofworship may be too restrictive

• Regulations/bylaws should have aneed and be based on common sense

Cathy McMaster o As wineries regulations being revised,hope that they will result in Hamiltonbeing competitive

o Let by-law reflect 1.25 ac is min lotsize requirement for new developmenton vacant lots

Residential care facilities should onlybe allowed in Rural (A2) Zone andRural Settlements

Minimum lot size for agriculture shouldbe 38 hectares or 95 acres

,, What procedure determined zone thatproperty falls into? Is it property byproperty basis? By blocks of land?Soil class and topography? Does itconsider needs of society?Residential buildings have height limit,why size of living space not addressed

100 metre setbackrequired to protectadjacent uses

Zones based on OPmapping

• Staff considersetbacks and heightas sufficient to controlbuilding size

o Maximum lot size forplace of worship hasbeen increased to 2ha

Noted

By-law requiresminimum 1 ac, butproposed severancesare reviewed todetermine if larger lotsize is required

• Direction to permitResidential CareFacilities in A1 andA2 Zones comesfrom OP

,, Minimum lot size foragriculture comesfrom OP


OTHER COMMENTS

Home business should be allowed tohave 4 non-resident employeesReview septic system sustainability fora residential care facility if allowed 10residents plus staff

Is 30 metres sufficient setback forquarry excavation in order to preventerosion/landslides

+ Home industryregulations arereflective of scale

+ Proposals would bereviewed onindividual basis

• 30 m requirementcomes from ARAstandards

Robert Gris

No name provided

Gregg Wilson303 Mohawk Road East

Restricting building height for farmoperations is not operative given sizeof farm equipment.

o Regulations should address issue oftopsoil removal and dumping

,ÿ Need to preserve food-growing land

There is considerable debate as towhether by-laws can be applied toprivate property

o Thanks for including rural areas in infosessions

,, Postcard sent in mail was good way toadvise residents about meeting

• Roads-infrastructureo Extension to existing housing

projects?• Protection of good farm lands

(Greenbelt)?o Should stop licensing grain fields-

sod farms as don't produce food andonce topsoil used becomes wasteland

Agricultural operations need option toerect accessory buildings/structures infront yard, as allow for further value-added endeavors

Additional regulationhas been included inA1 and A2 Zones topermit a FarmProduce/ProductStand within a frontyard

Height for accessorybuildings has beenincreased to 6 m

Not zoning related

City has clear andunambiguous legalauthority to both approveOP policies and zoningfor private propertyNoted

o Most concerns notedare not Zoningrelated and as suchcannot be regulatedthrough Zoning By-law

, Sod farming isconsidered an

Summary of Written Comments Received Following Rural Zoning PlCsin November & December 2013 and January 20t4

OTHER COMMENTS

o Think about putting hydro linesunderground

= All roadside ditches should be cleanedyearly of all weeds and shrubs thatprevent proper drainage

e Give farmers tax incentives to cleantheir farm ditches

• Owners of abandoned farms shouldbe forced to cut growing weeds yearlyMount Albion Karst lands should beleased to farmers to grow cropsinstead of growing weeds

• There should be more emphasisplaced on redeveloping downtown

o Waste management?

agricultural use

Shiraz Elkheir214 Miles Road

Susan Page231 Wilson St E

Troy Smillie3365 Golf Club Road

Ed Dokter682 5th Concession West

Are there any plans to provide sewerconnection to homes along MilesRoad?

o Can my lot be severed?o Can the rear half of my property be

developed for residential lots?o Concerns regarding minimum lot size

of 40.4 hectares in A2 Zone, whatdoes it mean for existing lots less thanthis size

o What minimum building size requiringbuilding permit?

• Homeowners being more and morerestricted in what they can do

• Rural plan very intrusive and affectinglives in very uncompassionate way

o Concerned that proposed changes willresult in commercial businesses beingallowed to operate in residential areas

o Zoning lines have no regard forproperty lines, making 1 and 2 acreproperties subject to different zoning

Lynda Davidson31 Galaxy BlvdFreelton

Residents questionswere answered and were

unrelated to theproposed zoning.

Minimum lot sizeregulations havebeen clarified ingeneral provisionssection of the ZoningBy-law (4.12d)

• Additional informationprovided to resident

Noted

Commercialbusinesses otherthan a home basedbusiness within RuralSettlement Areas arenot permitted

,, Zoning relates toproperties notownership

Summary. of Written Comments Received Followin.q Rural Zonin " in November & December 2013 and January 2014

OTHER COMMENTS

restrictionsZoning changes should not apply tocurrent owners and should take effectwhen properties change ownership orelse a simple, cost free processshould be but in place for appeals,adjustments or exclusions

Kyna Roung1482 4th Concession WestTroy, ON L0R 2B0

Danya Scime367 Highway 5 WestDundas9H 5E2

o Rural settlement areas should havesame by-laws for animals as urban

HamiltonSettlement areas part of farmingcommunity and should be able tokeep hobby farm on land

o Property has been antique and fleamarket since 1970's and disagree thatA1 and property cannot be used as afarmThere are some serious errors inSchedule D and contradictions to theGreenbelt and PPS

o Proposed zone places furtherrestrictions on property while openingup opportunities on others

o Objects to reference of'Hazard' landsin P6 zone title

Larry Vernon1429 Concession 5 West

OIga Kraus202 8th Concession Rd E, Box 22Carlisle L0R 1H0

o Proposed A1 and A2 zones don'treflect the agricultural quality of landsin Carlisle area

o Appears proposed zones have beencreated in order to allow for eventualexpansion of settlement areaStaff did not provide sufficientinformation to support reasoningbehind proposed zones and should bemore transparent

Seems in many cases City assumesresidents affected have access andknowledge of computers

o The keeping oflivestock isconsidered anagricultural use anddue to the potentialfor odour nuisanceimpacts is notpermitted in RuralSettlement Areas

• A1 andA2 Zonesimplement ScheduleD of the RuralOfficial Plan

o Agriculture/Ruraldesignations in OPwere based on theLEAR Study and landuse planning

, RSA boundariescannot expand

Handouts were madeavailable at themeetings and

Sure--of Written Comments Received Followiÿin November & December 2013 and Januar.Aÿ

OTHER COMMENTS

This is not always the case particularlywith the elderlyPlease take this fact into considerationin all your planning

additiorÿal informationwas mailed toresidents if theyrequested it

Richard M. Tywonek8477 Dickenson Road

Christine Senson1198 Highway 6

:rank Finelli84 Purdy Cres

Susan Frandsen941 Kirkwall Road

o Howwill zoning affect property taxes?How does the By-law benefit ruralresidents?Are parts of the By-law already ineffect?

o Will existing businesses begrandfathered?

• Can the new By-law be rejected bycitizens?

Are the Conservation AuthorityRegulated areas new or have theybeen expanded? Don't recall myproperty being part of this

Rural property address is 606 GIoverRoad, which does not contain adwelling and is just a hobby farm

• Property is proposed to be zoned P4,, Wondering if this correct zone?

If no sewer service along DickensonEast towards Centennial, this areashould be provided with such sewiceconnecting to Upper JamesWhy not permit motel on A2connection to Upper James (likeDickenson East)Is there plan to eventually provide Citysewer along Dickenson East?How come Binbrook is growing whileMount Hope properties are beingzoned out?

Most concerns notrelated to Zoning

OP does not permitthe establishment ofnew commercial usesin the rural area

Zoning does notrelate to propertytaxesLegal uses will eitherbecome legal non-conforming or willhave a SpecialException applied tothe property

ConservationAuthority Regulatedareas not new,We are nowproposing to showthe regulated areason zoning maps sothat residents areaware of them.

o Mapping error in OPand in turn Zoningmapping,

o Property should bedesignated Rural in


OTHER COMMENTS

OP and in turn zonedA2.These changes havebeen madeaccordingly,

Sure--of Written Comments R==_eceived Followiÿin November & December 2013 and Januarÿ

COMMENTS FROM HAMILTON WENTWORTH FEDERATION OF AGRICULTURE (HWFA)

Submitted byWritten Comments Response, as per

sed Zones datedMay, 20t4

Vlichelle Spoelstra--lamilton-Wentworth Federation of

Agriculture1620 Guyatt Road EastBinbrook, OntarioL0R 1 C0

A,qriculture and Value Retention_e The maximum lot coverage for a

greenhouse operation is 60%. Wesuggest 80%. Growth in vegetableproduction can definitely come fromgreenhouse technology. Fewerrestrictions would be helpful goingforward.

• Under "Agriculture and ValueRetention", no accessory building orstructure shall be allowed in a frontyard. This would be totally unfair for anew farmer or added value incentives.Front yards vary in size, shape anddistance from the road.

Max lot coverage forgreenhouses in A1and A2 zones hasbeen increased to7O%

Buildings accessory to a dwelling shallnot exceed 120 square metres and amaximum height of 5 metres. It wasdecided that the size is likely sufficientbut we would like a maximum of 6metres in height. Many olderfarmhouses are three stories high;therefore for both esthetic reasonsand functionality this change may beneeded.It was decided that the maximumgross floor area of all buildings orstructures devoted to retailing at 100square metres is too small. Retailactivity in commodity selling eats upspace fordisplay, for inventory and formaintaining cleanliness. We wouldprefer a limit of 250 square metres.Outdoor storage at 20 metres fromany lot line is restrictive forgreenhouses. We suggest 10 metresfrom a lot line. Greenhouses andSpecialty Operations are not based on

large

New regulation hasbeen included in A1and A2 Zones topermit FarmProduce/ProductStand in front yard

Height permission foraccessory building toa dwelling has beenincreased to 6 metres

Max area for retailingof agriculturalproducts increased to200 metres within A1Zone and is the samefor A2 Zone

Regulation pertainingto location of outdoorstorage in A1 and A2zone changed to 10metres from lot line

Summary of Written Comments Received Followin.q Rural Zonin Pg_.ELCÿICsin November & December 2013 and January 2014


agriculture acres and will need toutilize all the area available to them.A grower of nursery products alsoneeds 250 square metres of grossfloor area for retail purposes,

Max area for retailinghas been increasedto 200 sq m

A,qricultural Processin,q Establishment-

Secondary.o We are clearly taking exceptions to

sizes. We want the gross floor area forbuildings or structures to be doubled,i.e. 500 square metres. The outdoorstorage area at 100 square metres isalso inadequate. Perhaps it might becommensurate with the building size,Consideration for "seasonal products"and degradable products should beregarded. In agriculture a choice whenunusual considerations arise in thefuture as they continuebest management practices duringhigh demand times. We would doublethe area for permitted retail use to

30%.

Max GFA forAgriculturalProcessingEstablishment -Secondary increasedto 500 sq. m.

Aqritourismo We request that the maximum floor

area devoted to agritourism matchwhat is allowed for zone A2 Rural, i,e,500 square metres. As well, there isno room for new concept ideas inagritourism. If allowed and incompliance, a new facility should beallowed for the promotion ofagritourism. Using existing buildingsor structures may be too restrictive.

KennelWe request that the gross floor areadevoted to a kennel match what isallowed for zone A2 Rural, i.e. 500square metres.

We recognize that the rules forwineries are still being drafted. Forthis to be a competitive activity for our

o MaxGFAforAgritourism increaseto 500 sq m within A1Zone

o Restriction to existingbuildings has beenremoved

Max GFA for Kennelwithin A1 Zoneincreased to 500 sq.

m,

Wineries are nowincluded as part ofterm Agricultural



agricultural business people, it has toallow what other counties in Ontarioallow. Investment in it will not beforthcoming if regulations are toostringent and therefore self-defeating.It also makes sense that micro-breweries be allowed.

Residential Care Facility,, Food producing land should not be

taken for this purpose. These facilitiesshould be in settlement areas wherepeople have access to a bank, thelibrary etc.

General Comments= Farmers in zone A1 want services

reasonably close for convenience. Anappropriate business to add would bea farm animal veterinary clinic.

o We are still very concerned with theamount of soil that is being movedabout. There appears to be no rulesas to the type of soil or where it getsdumped. Much of the hauling of soiloperates in the undergroundeconomy. The whole practice isdetrimental to good management andimpacts water filtration. The cityshould make an effort to tag loadscoming in and going out. Twin it withthe permit process. At the very leastimpose a levy in a first stepto protect our food lands.

° The repair of farm machinery andequipment is allowed as a homebusiness. A regulation states that norepair of equipment having acombustion engine shall be permitted.We are pointing out that every tractor,combine and other types of equipmenthave combustion engines.

o The City of Hamilton must stop takingfood-producing land. Places to Growdictates that cities are to intensify.Stop the sprawl. Understand thatfarmland is not land waiting for

Cidery/Winery andare permitted as asecondary use toagriculture within A1and A2 Zoned lands

OP provided directionto permit residentialcare facility within anexisting dwelling

Veterinary Service -Farm Animalpermitted within A2Zoned landsSod farm isconsidered anagricultural use andas such we cannotrestrict is as a use

Repair of farmmachinery ispermitted as a HomeIndustry



development.

e We recognize P6 regulations are stillbeing drafted. Both the. 120 metre andthe 30 metre setback distances maybe excessive in our view.Please keep in mind, those inagriculture take great pride in whatthey do. We are stewards of the land!We adhere to best managementpractices and follow due diligence.It is, however, confusing to theindustry when we hear statements like"Added Value" or "Market Growth"when added restrictions prevent thesevisions. Wentworth County needs toremain competitive especially with itsneighboring counties. Farmers arefeeding more and more people,working with less land available tothem, and heightened restrictions. Weare an adaptable industry but pleasedo not tie our hands completelyagriculture must remain sustainable.

• In future the City should reconsiderthe zoning plans. A single agriculturalzone for A1 and A2 seems reasonablein that some businesses are alreadygrandfathered and A1 could acceptindustry partners.

See revised P6, P7,P8 regulations. Theseregulations apply tobuildings only.Agriculture ispermitted.



Hmnilton-'ÿVentworth Federation of Aga'iculture

1620 Ouyatt Road Fast, Bhlbrook Ontario L0R 1C0Phone: 905-692-5751/Fax: 905-692-0566 E-maih hwfit.ofa@.ÿmail.com

Niarch 14aÿ, 2014

Attention: Joamle Hickey-tEvans,Heather Travis,Steve Robichaud,Ckris i¥Imu'a y

Re: Draft of the City ofHanfittou, Comprehensive Zoning By-Law

Recently, the City held an "Open House" hi Ancaster, Biubrook mad Rockton for theproposes of the proposed Rm'al Zone Plan. Due to these public meetings, it has beenreported back to our board there are still concerns that need to be adchessed.

On behalf of President 2vIel Switzer, the Board of Dh'eetors and the members of theHamilton-\Ventworth Federation of Aga'iculture, I wish to thank the City for allowing theHVÿrFA the timeline extension to properly address agu'ienlttu'e's conceÿs for the proposedZolthÿg By-law.

The HÿVFA organized a comlnittee to exanfine concenm and allow fmÿmers to voiceophfions about the proposed zoning by-laws.

Upon the COmlnittee's examination, takhÿg several issues hÿto consideration, we fi'om theHÿvVFA would like to propose the following changes to the proposed Zoning By-law,

Agriculture and Value Retention

1. The maxhnum lot coverage for a greenhouse operation is 60%, We suggest 80%.Orowth in vegetable production can definitely come fi'om greenhotÿse teekuology.Fewer restrictions would be helpfifi going folward,

2. Under "Agriculture and Value Retention", no accessoly building or structure shall be allowed ina front ym'd. This would be totally mffair for a new fro'met or added vahte incentives. Frontyards vm3ÿ in size, shape and distance fi'om file road.

3, Buildings accessory to a dwelling shall not exceed 120 square metres and a maximmnheight of 5 metres, It was decided that the size is likely sufficient but we would like a maximumof 6 lnetres in height. N4any older ihmÿhouses are tltree stories high; therefore for bothesthetic reasons and fimctionality this change may be needed.

4. It was decided that the maximum gross floor m'ea of all bulidhÿgs or stnlctm'es devoted toretailing at t00 square metres is too small. Retail aetiviD, in conmlodity selling eats up space fordisplay, for inventory and for maintaining cleanlhmss. We would prefer a lhnit of 250 squareinetres,

Summary of Written Comments Received Following Rural Zoninq PlCsin November & December 2013 and January 2014


5. Outdoor storage at 20 nletres fl"oiÿa any lot line is restrictive for gTeenhouses. We suggest10 nletres fa'oln a !ot line. Greenhouses and Specialty Operations are not based on largeagriculture acres mad will need to utilize all the m'ea available to tllem.

6. A grower ofnm'sery prokhmts also needs 250 square metres of ga'oss floor m'ea for retailpul])oses.

'A_goricullaÿral ProcessinN Establishment -- Secondalÿv

7. "vVe m'e clearly talcing exceptions to sizes. Wÿe wm]t the ga'oss floor area for buildingsor strnctm'es to be doubleck i.e. 500 square nÿetres. The outdoor storage area at 100square lnetren is also inadequate. Perhaps it miÿt be conÿnensm'ate with the building size.Consideration for "seasonal products" and deÿ'adable prodncts should be regarded. This willIn a m'iculture a choice when mmsual considerations arise in the filtm'e as theN- contimÿebest management practices dmÿg high denaand tinaes. We woulddouble the area for permitted retail use to 30%,

Aÿol-itourisln

8. We reqlÿest ttmt the maximum floor area devoted to agl'itourism match vchat is allowedfor zone A2 Rm'al, i.e. 500 squme nletres. An wetl, there is no room for new concept ideas ina m'itomqsln, If allowed and in complimÿce, a new facility should be allowed for the promotion ofagritolu-isnL Using existing buildings or structm'es may be too restzJctive.

Kennel

9. We request that the gn'oss floor area devoted to a lcepmel match what is allowed for zoneA2 IZm'al, i,e. 500 squm'e metres.

"vVin erÿy

10,We recoÿmlize that the nHes for whteries are still behlg drafted. For this to be acompetitive activiW for ore" agricultural business people, it has to allow what other cotmties inOntario allow. £nves/ntellt in it will not be forthconaing if regulations are too stringent mzdtherefore self-defeating. It also naakes sense that micro-breweries be allowed,

Residential Care Facility

11 .Food producing land should not be taken for this pin,pose. These facilities should be insettlement areas where people have access to a balfl% the library etc.

General Colmnents

12.Farÿners ha zone A1 want services reasonably close 1"o1" convenience..ÿ_n approplJatebusiness to add would be a famn mÿixnal veterinmT¢ clinic.

13 AVe are still very concenled with the anlotmt of soil flint is being moved about. Thereappears to be no rules as to the type of soil oz' where it gets &reaped, ih,[uch of the hauling ofsoil operates hi the mlderm'ound economy. The whole practice is detrimental to goodmanagement and impacts water filtration. The cÿty should make an effort to tag loads comingin and going out. Twin it with the pernfit process. At the velT teast hnpose a levy hi a fÿrst stepto protect our i\3od lands.



14.The repair of famÿ macNneD: and equipment is allowed as a home business. A regulation statesthat no repair of equil.mlent having a combustion engine shall be permitted. We are pointing outthat eve17 tractor, combine and other types of equipment have combustion engines.

15.The City of Hamilton must stop talcing food-producing land. Places to Grow dictates thatcities are to intensify. Stop the sprawl. Understÿmd that famlland is not land waiting fordevetoplnent

16.We recognize P6 regulations are still being &afted. Both the 120 metre and the 30 metresetback distances may be excessive in ore" view.

17. Please keep in mind, those ill agricultm'e take ÿm'eat pride in what they do. We are stewardsof the land[ We adhere to best management practices and follow due diligence.

18. It is, however, confilsing to the in&retry when we hear statements like "Added Value"or "Market Orowth" Mien added restrictions prevent these visions. Wentworth County needsto remain competitive especially with its neighboring counties. Farmers are feeding moreand more people, working with less land available to them, and heightened restrictions.We are an adaptable industl7 but please do not tie ore' hands completely a m'icultm'e mustremain sustainable.

19. In filtm'e the City should reconsider the zoning plans. A single agricultural zone for A 1 andA2 seems reasonable in that some businesses are alrea@ N'andfathered and A1 could acceptindustl3, pÿ'tners.

These conmlents reflect the collective viewpoints,

Hamilton-Wentworth Federation of AgricultureCommittee for the Proposed Zoning Byqaw

AI ZONE REGULATIONS - City of Hamilton, Ontario, Canada · PDF file · 2015-04-20AI...

Documents

Transcript of AI ZONE REGULATIONS - City of Hamilton, Ontario, Canada · PDF file · 2015-04-20AI...