Information following the Public Meeting:
Consultant Report -Rezoning PID 283325 & 658799 Rte 2
May 30, 2023 – Public Meeting Minutes -Rezoning
Pursuant to the Planning Act and the Rural Municipality of Miltonvale Park’s Official Plan and Development Bylaw (2021), there will be a Public Meeting Tuesday, May 30, 2023 at 7:30 p.m. at Milton Community Hall, 7 New Glasgow Road-Rte.
224, North Milton.
Residents and other interested persons can review and make representation concerning a proposed amendment to the Zoning Map of the 2021 Development Bylaw to rezone Parcel 283325 (16960 Rte. 2, Milton Station) from General Commercial (C1) Zone and Agricultural (A1) to Light Industrial (M1) Zone and to rezone a 1.83-acre portion of Parcel 658799 from Agricultural (A1) Zone to Light Industrial (M1). In the diagram, A1 is white, C1 is gray and the proposed area to be rezoned to M1 is striped.
ADDITIONAL INFORMATION
An application was made to append a 1.83-acre portion of 658799 (A1) to the commercial and agricultural property 283325 (1.12 Acres) to increase the existing parking lot. Currently 0.45 acres of 658799 is used for parking for the commercial enterprise. The existing use of 658799 is Agriculture with a single-family dwelling; PID 283325 is zoned Commercial with an Autobody shop (non-conforming) and residence. Access would be via the existing driveway from Rte. 2 onto property 283325; no new access is required.
With respect to an existing Non-conforming Use, Clause 4.13. 5 states that “No Intensification of Use shall be made while a non-conforming Use of the Lot, Building or Structure is being continued.” and 6. “No increase in Lot Area or Floor Area occupied by the non-conforming Use shall occur while a non-conforming Use is being continued.”
Under this clause it is not possible to expand the lot area for a non-conforming use; therefore, if an expansion is to occur the property must be rezoned to Light Industrial (M1).
Clause 8.2.1 Official Plan – Non-Resource Commercial and Industrial Policies –It shall be the policy of Council to continue to support existing non-resource commercial and industrial uses within the Rural Municipality and to encourage the reasonable growth of those business, while permitting the limited approval of new non-resource commercial and industrial uses in order to minimize the loss of primary resource lands to non-resource commercial and industrial uses in accordance with subsection 63(10) of the Planning Act Subdivision and Development Regulations.
Plan Actions: CI-1 The Development Bylaw will only permit the expansion of existing non-resource based commercial and industrial land uses where the proposed development will not involve the loss of existing resource land for a non-resource use.
8.2.5. Industrial Zone Policy
It shall the policy of Council to establish a zone on land designated for industrial uses.
Plan Action:
CI-7 The Development Bylaw will establish a Light Industrial Zone (M1), which shall be applied in areas where non-resource based industrial uses are already in existence.
0.45 acres from the portion of PID 658799 that is proposed to be consolidated with PID 283325 is currently used for parking, while 1.38 Acres is used for Agriculture (horses). Approximately 1.38 Acres will involve the loss of existing Agriculture use for a non-resource commercial use. Vehicles are currently being stored on other portions of 658799 and 458190 and 283317, which are under the same ownership as 658799 and 283325. If all the vehicle parking were to be consolidated at the back of the proposed new portion of 283325, and the present parking returned to agricultural/resource use, along with a required buffer zone, this may not result in a significant loss of agricultural land.
The intent of the application is to allow the vehicles parked in the front of the business to be moved to the rear, significantly improving the curb appeal of the property. A substantial hedge was planted previously to screen some of the business. In the past a building was erected for temporary use in soda blasting; however, this building was required to be removed, as a non-conforming use cannot expand.
If the property were rezoned to Light Industrial (M2), it would come into compliance and could potentially expand. It will be required to have a buffer zone between the Light Industrial Zone and residential uses in the Agricultural Zone.
A rezoning requires a public meeting with notification to neighbours within 500 ft. Letters were mailed on May 18, 2023.
If the zoning were changed to M2, then other industrial uses would be permitted as-of-right in the future.
Permitted uses in the M2 zone include activities permitted in the C1 Zone, activities connected with an Automobile Shop, Automobile Service Station or repair shop, Concrete Plant, Contractor’s Yard, Farm Machinery and Heavy Equipment Depot, Dealership and Repair Shop, Food Processing, Manufacturing and assembly, Restaurant or Cafeteria, Storage of Sand and Aggregate, Transport Operations, including trailer storage, Warehousing, Wholesale Operation, Wind Energy Facility, Accessory Buildings.
According to the Bylaw (3.16), Planning Board and Council shall consider the following criteria when reviewing an application for a variance in excess of 10% or a bylaw amendment (which includes a Rezoning), as applicable:
- Conformity with all requirements of this bylaw
- Conformity with the Official Plan
- Suitability of the site for the proposed Development
- Compatibility of the proposed Development with surrounding land Uses, including both existing and other permitted Uses.
- Comments from residents or other interested persons
- Adequacy of existing or proposed water supply system, Sewerage Disposal System, road access, storm water management, electrical services, Parkland for accommodating the Development, and any projected infrastructure requirements.
- Impacts of the Development on pedestrians and vehicular access and safety, including public safety generally.
- Compatibility of the Development with agricultural, environmental, scenic and heritage resources
- Impact on municipal finances and budgets
- Other related provisions in this bylaw
- Other matters considered relevant by Planning Board or Council.
Written comments must be received by the Rural Municipality of Miltonvale Park by 4 p.m., Thursday, June 1, 2023 at develop@miltonvalepark.com, or the office at Milton Community Hall, 7B New Glasgow Road-Rte 224, North Milton, PE C1E 0S7.
For more information, contact 902-368-3090 or develop@miltonvalepark.com or visit: