WELCOME TO THE PROPOSED RURAL ZONING DROP-IN INFORMATION ... · RURAL ZONING DROP-IN INFORMATION SESSION ... • Provide your comments on the amendment to the Site Plan Control By-law

Rural Zoning - November 2014

WELCOME TO THE PROPOSED RURAL ZONING DROP-IN INFORMATION SESSION

PURPOSE OF THE DROP-IN INFORMATION SESSION

• Provide your comments on the revised draft Rural Zones; and• Provide your comments on the amendment to the Site Plan Control By-law for

the rural area.

HOW CAN YOU HELP?

We are looking for your input on the revised draft Rural Zones. Please review the display panels, mapping, handouts and provide us with your comments and suggestions.

Comment forms have been provided for your convenience.

If you have any questions on the information being presented, or if you would like to discuss any site specific issues, please do not hesitate to ask one of the staff members.

As a result of previous Statutory Open Houses held in November and December 2013 and January 2014, staff have made revisions to the draft Rural Zones.


RURAL AREA ZONES

LANDS OUTSIDE RSA’s

Agriculture (A1) Zone

Rural (A2) Zone

Extractive Industrial (M12) Zone

City Wide Park (P3) Zone

General Open Space (P4) Zone

Conservation/Hazard Land (P6) - Rural Zone



Zones identified on lands located within the Niagara Escarpment Commission’s (NEC) Development Control Area are for information purposes only.

The City of Hamilton’s new Comprehensive Zoning By-law 05-200 came into effect on May 25, 2005, and is being implemented in stages.

The 13 proposed zones that will apply to the Rural Area, including the Rural Settlement Areas (RSA’s), are:

LANDS INSIDE RSA’s

Settlement Residential (S1) Zone

Settlement Commercial (S2) Zone

Settlement Institutional (S3) Zone

Neighbourhood Park (P1) Zone

Community Park (P2) Zone

City Wide Park (P3) Zone

General Open Space (P4) Zone

Conservation/Hazard Land (P6) Zone - Rural Zone




REVISED AGRICULTUE (A1) AND RURAL (A2) ZONES

The A2 Zone permits all the uses of the A1 Zone, plus additional stand-alone agricultural-related commercial and industrial uses.

The Agriculture (A1) Zone applies to lands in the Rural Area of the City that have been designated Agriculture and Specialty Crop in the Rural Hamilton Official Plan (OP). The Rural (A2) Zone applies to lands designated Rural in the OP.

The following chart outlines the various uses permitted within the revised A1 and A2 Zones and highlights changes made:

Use A1 - Agriculture A2 - RuralAbattoir -

Agriculture

Agricultural Processing Establishment (Stand Alone) -

Agricultural Storage Establishment -

Farm Product Supply Establishment -

Kennel (Stand Alone) -

Livestock Assembly Point -

Medical Marihuana Growing and Harvesting Facility (permitted within revised definition of Agriculture)

Veterinary Service – Farm Animal

Secondary Uses to Agriculture (must be located on the same lot

as an Agricultural use)

Agricultural Processing Establishment - Secondary (Definition now includes Agricultural Brewery)

Agricultural Research Operation

Agritourism

Home Industry

Kennel

Landscape Contracting Establishment

Agricultural Cidery/Winery Secondary Use to Nursery (must be located on same lot as Nursery use)

Landscape Contracting Establishment - Secondary

Residential UsesResidential Care Facility (maximum 6 residents)

Single Detached Dwelling


DEFINITIONS (REVISED/NEW DEFINITIONS HIGHLIGHTED IN YELLOW)

AGRICULTURE

Shall mean the growing of crops, including Nursery and horticultural crops; raising of livestock; raising, boarding and training of horses; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; aquaponics; apiaries; agro-forestry; maple syrup production; greenhouse operations; Medical Marihuana Growing and Harvesting Facilities; hydroponics; and other such accessory uses as are customarily and normally associated with agriculture, including limited value retention uses required to make a commodity grown primarily as part of the farm operation salable, such as, but not limited to, grain drying, washing, sorting, grading, treating, storing, packing and packaging, feed mill, or grain mill, and selling of agricultural products primarily grown as part of the farm operation, and associated on-farm buildings and structures, including one Single Detached farm dwelling and a Farm Labour Residence.

AGRICULTURAL BREWERY

Shall mean an Agricultural Processing Establishment – Secondary use, for the making of beer from crops grown as part of the Agricultural operation on the same lot, but shall not include a Restaurant, a Conference or Convention Centre, or overnight accommodation.

AGRICULTURAL CIDERY/WINERY

Shall mean a Secondary Use to an Agricultural operation on the same lot, for the processing of grapes, fruit, honey or other produce in the production of ciders or wines. Agricultural Cidery/Winery uses may include the crushing, fermentation, production, bottling, aging, storage, and Accessory sale of ciders, wines and related products to both, a laboratory, an administrative office, and a tasting, hospitality and retail area, but shall not include a Restaurant, a Conference or Convention Centre, or overnight accommodation.


RURAL ZONING DEFINITIONS

AGRITOURISM

Shall mean a Secondary Use to an Agricultural operation on the same lot that provides educational and active opportunities to experience the agricultural way of life in Rural Hamilton. Such activities may include, for example, farm machinery and equipment exhibitions, farm-tours, petting zoos, corn mazes, hay rides, sleigh rides, processing demonstrations, pick your own produce/products, farm theme playground for children, and educational facilities that focus on farming instruction, and which may include accessory retail, but shall not include a Restaurant or Conference or Convention Centre.

AGRICULTURAL PROCESSING ESTABLISHMENT - SECONDARY

Shall mean a Secondary use to an Agricultural operation on the same lot, for a facility dedicated to the transformation of raw agricultural commodities, but shall not include an Abattoir or Agricultural Cidery/Winery. Agricultural Processing - Secondary shall be limited to the processing of agricultural commodities grown primarily as part of the farm operation, including an Agricultural Brewery, and may include Accessory Retail.

AGRICULTURAL PROCESSING ESTABLISHMENT - STAND ALONE

Shall mean the use of land, building or structure, or portion thereof, for a stand alone facility dedicated to the transformation of raw agricultural commodities and may include Accessory Retail, but shall not include an Abattoir, Agricultural Brewery or Agricultural Cidery/Winery.

AGRICULTURAL STORAGE ESTABLISHMENT

Shall mean the use of land, building or structure, or portion thereof, for a stand alone facility dedicated to the storage of agricultural products from one or more farm operation(s).


RURAL ZONING DEFINITIONS

Shall mean accommodation Accessory to Agriculture and on the same lot as an existing permanent principal farm Dwelling, provided for full-time farm labour where the size and nature of the farm operation requires additional employment, in the form of any of the following:a. An Accessory apartment attached to and forming part of the principal farm

Dwelling; or,b. An Accessory detached dwelling of temporary construction, such as a mobile

home; or, c. An Accessory detached bunk house of temporary construction, where cooking

and sanitary facilities are shared.

Shall mean a Secondary use to an Agricultural operation, which is limited to a use directly related to Agriculture such as the repair of agricultural equipment, or a Craftsperson Shop, Tradespersons Shop, or artisans studio, together with the retailing of commodities produced, but shall not include a Motor Vehicle Collision Repair Establishment, Motor Vehicle Service Station, Motor Vehicle Wrecking Establishment, or Contractor’s Establishment.

HOME INDUSTRY

FARM LABOUR RESIDENCE

LANDSCAPE CONTRACTING ESABLISHMENT -SECONDARY

Shall mean a Secondary use to a Nursery operation on the same lot, which is limited to storage of soil, composted materials and other soil amendments, mulch, rock, screening and other similar landscape materials; landscape design services; storage of landscaping and horticultural maintenance equipment; composting and mixing of soil and soil amendments; and Accessory storage of snow removal equipment.

FARM PRODUCE/PRODUCT STAND

Shall mean a building or structure where fresh fruit and vegetables, flowers and plants grown and other products derived from the Agricultural operation on the same property are offered for sale on a seasonal basis.


RURAL SETTLEMENT AREA ZONESLands that are designated Settlement Residential, Settlement Commercial and Settlement Institutional within the Rural Settlement Area Plans have been correspondingly zoned as Settlement Residential (S1) Zone, Settlement Commercial (S2) Zone and Settlement Institutional (S3) Zone.

The following chart outlines the various uses permitte within the S1, S2 and S3 Zones:

Use S1 – Settlement Residential

S2 - Settlement Commercial

S3 – Settlement Institutional

Catering Service - -

Commercial Recreation - -

Craftsperson Shop - -

Day Nursery -

Educational Establishment - -

Farm Product Supply Establishment - -

Financial Establishment - -

Home Business - -

Library - -

Medical Clinic - -

Motor Vehicle Service Station - -

Office - -

Personal Services - -

Place of Worship - -

Private Club or Lodge - -

Repair Service - -

Restaurant - -

Retail - -

Studio - -

Veterinary Service - -

Veterinary Service – Farm Animal - -

Residential UsesResidential Care Facility (maximum 6 residents)

- -

Single Detached Dwelling - -


EXTRACTIVE INDUSTRIAL (M12) ZONE

This zone has been applied only to existing, licensed mineral aggregate operations (pits and quarries).

This zone permits extractive uses, as well as passive recreation uses and agriculture uses if the extractive use is no longer viable or ceases operation. As the Ministry of Natural Resources (Aggregate Resources Act) Site Plan requirements regulate all extractive uses, minimal zoning regulations associated with these uses are required in developing the new M12 Zone.

No new lands have been zoned M12 beyond the properties designated as Mineral Aggregate Resource Extraction Areas under the Rural Hamilton Official Plan.


PARK ZONES

Use

P1 – Neighbourhood Park

P2 – Community Park

P3 – City Wide

P4 – Open Space

Agriculture - - -

Botanical Gardens - - -

Cemetery - - -

Commercial Entertainment

- - -

Commercial Parking Facility

- - -

Commercial Recreation

- - -

Conservation - - -

Flood and Erosion Control Facilities

- - - -

Golf Course (excluding mini-golf)

- - -

Nature Centres - - -

Marina - -

Recreation

Recreation, Passive - - - -

Restaurant - - -

Retail (limited) - - -

Seasonal Campground

- - -

The following chart outlines the various uses permitted within the Park Zones and highlights changes made:


SPECIAL EXCEPTIONS, HOLDING PROVISIONS AND SPECIAL FIGURES

SPECIAL EXCEPTIONS

An existing exception was either:

• Kept, where appropriate; or,• Removed, as it was no longer required because the use was permitted within

the proposed zoning; or, not carried forward and in turn will be recognized as legal non-conforming.

Holding provisions that are still valid have been kept.

Holding provisions will be applied to vacant undersized lots (less than 1.25 acres) to ensure the provision of adequate services (private well and septic tank).

The City must implement policies of the SPP within the Official Plan and Zoning By-law, which identify prohibited uses in certain vulnerable areas within wellhead protection areas. A special figure will be included in the Zoning By-law for certain areas around Carlisle, Freelton, Greensville and Lynden.

The following uses are prohibited within SPP areas:• Waste Disposal site within the meaning of Part V of the Environmental

Protection Act• Salt storage facility that can accommodate 5,000 tonnes and greater• Snow storage facility• Motor Vehicle Service Station

SPECIAL FIGURES – SOURCEWATER PROTECTION PLANS

HOLDING PROVISIONS

A comprehensive review of all existing special exceptions and holding provisions was completed.

THE CITY CANNOT LEGALIZE EXISTING ILLEGAL USES.


WHAT DID WE HEAR?

WINERIES/CIDERIES AND BREWERIES - Concerns regarding only permitting wineries in some parts of rural area and cideries

and breweries not being permitted

THEN NOW

• Only permitted a Winery as a Secondary Use to an Agricultural operation, on lands identified as Specialty Crop in the Rural Hamilton Official Plan.

• Definition of Winery amended to Agricultural Cidery/Winery to clarify that cideries also permitted.

• Permit Agricultural Cidery/Winery as a Secondary Use to Agriculture in both the A1 and A2 Zones.

• Added definition of Agricultural Brewery, which will be considered as an Agricultural Processing Establishment and permitted as Secondary use to Agriculture.

The comments and concerns that we heard resulting from the previous Open Houses focused primarily on the following:• Wineries/Cideries and Breweries• Abattoirs• Existing Industrial and Commercial Zoning• Conservation/Hazard Land – Rural (P6) Zone• Landscape Contactors

ABATTOIRS - Concerns about the potential for an abattoir to located in proximity to residential uses.

THEN NOW

• Abattoir permitted use within A2 Zone with minimum setback of 100 metres required from any lot line.

• Abattoir still permitted use within A2 Zone with minimum setback of 100 metres required from any lot line.

• Additional minimum lot size regulation for Abattoir of 5.0 ha included

EXISTING INDUSTRIAL AND COMMERCIAL ZONING

• Concerns over the loss of wide range of uses that are currently permitted for properties that have Industrial or Commercial Zoning.

• Policies of Greenbelt Plan and Rural Hamilton Official Plan only allow for the recognition of uses that are currently legally existing.

• Staff have been working with these property owners to draft site specific zoning permissions (special exceptions) for their properties.


REVISED LANDSCAPE CONTRACTING ESTABLISHMENT - REGULATIONS

ADDITIONAL REGULATIONS WITHIN A1, A2 AND M12 ZONES FOR LANDSCAPE CONTRACTING ESTABLISHMENT

Uses Permitted as Secondary to Agriculture

• Agricultural Processing Establishment – Secondary

• Agricultural Research Operation

• Agritourism

• Home Industry

• Kennel

• Agricultural Cidery/Winery

• Landscape Contracting Establishment – Secondary

Minimum Lot Area • 5.0 hectares

Limitations on Uses • Only one Home Industry or one Landscape Contracting Establishment - Secondary shall be permitted per lot.

Landscape Contracting Establishment - Secondary

i) A Landscape Contracting Establishment – Secondary only permitted as use Secondary to a Nursery;

ii) The minimum amount of the lot area that must be used for the growing of plants, shrubs, trees or similar vegetation as part of the Nursery operation shall be 65 percent;

iii) Shall be located within an existing building or structure which shall be setback a inimum of 30 metres from any lot line, and shall occupy no more than 250.0 square metres of gross floor area;

iv) Shall be operated by a resident of the property, with no more than 3 non-resident employees;

v) Outdoor storage of goods, materials or equipment shall be permitted in accordance with 12.1.3.1 f), and shall not exceed an aggregate area of 100.0 square metres;

vi) In addition to Section 5.3 b) a maximum of three Motor Vehicles associated with the Landscape Contracting Establishment - Secondary may be parked unenclosed. Additional Motor Vehicles associated with the use, including all Motor Vehicles – Commercial, must be parked in an enclosed building. This regulation does not apply to the storage or parking of Agricultural vehicles or equipment;

The following concerns were raised by the public:• Nuisance impacts experienced from existing landscape

contracting establishments;• The operations not remaining ‘secondary’;• The previous proposed regulations would not be effective

in limiting the size of such operations; and,• That the use is not appropriate in the rural area.

To address the above concerns, the following revised regulations are proposed:

Please review the revised regulations as they pertain to Landscape Contracting Establishments and provide us with any comments that you may have.


PREVIOUS CONSERVATION/HAZARDLAND - RURAL (P6) ZONE

As part of the previous Open Houses, staff received numerous comments related to the P6 Zone. The concerns related to the extent of the lands that were captured within the P6 Zone and the regulations associated with the P6 Zone were very restrictive.

PREVIOUS CONSERVATION/HAZARD LAND - RURAL (P6) ZONE

• Applied to all Core Areas (i.e. Significant Woodlands, Provincially Significant Wetlands, Environmentally Significant Areas, etc.)

• Included 30 metre buffer area within Zone boundary

• Permitted the following uses: - Conservation - Existing Agriculture - Existing Single Detached Dwelling - Flood and Erosion Control Facilities - Recreation, Passive

• New buildings or structures not permitted

• Expansion to existing buildings and structures not permitted


REVISED CONSERVATION/HAZARDLAND - RURAL (P6), (P7) AND (P8) ZONES

REVISED CONSERVATION/HAZARD LAND - RURAL P6, P7 AND P8 ZONES

• 30 metre buffer area removed from Zone boundaries

• May require the approval of a Site Plan Control application, including submission of an Environmental Impact Statement, to demonstrate that there will be no negative impact on Core Area features.

REVISED P6 ZONE REVISED P7 ZONE REVISED P8 ZONE

• Applies to all lands identified as an Environmentally Significant Area or Earth Science ANSI in the Rural Hamilton Official Plan and lands identified as a Key Natural Heritage Feature outside of the Greenbelt Natural Heritage System, identified in the Rural Hamilton Official Plan.

• Applies to all lands identified as a Key Hydrologic Feature, with the exception of Provincially Significant Wetlands, in the Rural Hamilton Official Plan and lands identified as a Key Natural Heritage Feature within the Greenbelt Natural Heritage System, identified in the Rural Hamilton Official Plan

• Applies to all lands identified as a Provincially Significant Wetland in the Rural Hamilton Official Plan.

PERMITTED USES

• Agriculture • Conservation

• Existing Single Detached Dwelling • Flood and Erosion Control Facilities

• Recreation, Passive

REGULATIONS

• New buildings or structures are permitted on a lot that is already developed (i.e. not vacant).

• Expansions to Existing Agricultural Buildings and Structures and Existing Single Detached Dwellings are permitted and are subject to the regulations of the A1 Zone.

• New buildings or structures not permitted.

• Expansions to Existing Agricultural Buildings and Structures and Existing Single Detached Dwellings are permitted and shall not exceed 10% of the gross floor area of the Existing building or structure.

• New buildings or structures not permitted.

• Expansions to Existing Buildings and Structures not permitted.

CONSERVATION AUTHORITY REGULATED AREA

In addition, lands that are regulated by Conservation Authorities are shown as a Regulated Area on the Zoning Schedules. When lands are located within an area regulated by a Conservation Authority, the Conservation Authority will need to be contacted and a permit may be required prior to any development occurring on the lands.


MEDICAL MARIHUANA GROWING AND HARVESTING FACILITY

Council has directed staff to consult on the regulations for a Medical Marihuana Growing and Harvesting Facility:

PROPOSED REGULATIONS FOR MEDICAL MARIHUANA GROWING AND HARVESTING FACILITY WITHIN A1, A2 AND M12 ZONES

• The maximum gross floor area for all new buildings and scructures devoted to a Medical Marihuana Growing and Harvesting Facility shall not exceed 2,000.0 square metres;

• Existing buildings may be used for a Medical Marihuana Growing and Harvesting Facility;

• All buildings or structures to be setback a minimum of 20.0 metres from any lot line;

• Outdoor storage and retail shall not be permitted.

Please review the proposed regulations as they pertain to a Medical Marihuana Growing and Harvesting Facility and provide us with any comments that you may have.

(NOTE: Medical Marihuana Growing and Harvesting Facility is not permitted on lands located within Lower Stoney Creek.)


AMENDMENTS TO SITE PLAN CONTROL BY-LAW

WHAT IS A SITE PLAN CONTROL APPLICATION?

The purpose is to review the site, building and landscape features of a proposed development. The Site Plan Control application must be approved prior to applying for a building permit.

WHY ARE WE UPDATING THE SITE PLAN CONTROL BY-LAW?

• To update the language in the Site Plan Control By-law to be consistent across the entire City.

• To implement the policies of the Rural Hamilton Official Plan and Greenbelt Plan regarding protection of natural features.

WHAT DOES IT MEAN TO YOU AS A RESIDENT OF RURAL HAMILTON?

• Currently, Agricultural buildings and structures (with the exception of greenhouses) do not require Site Plan Control.

• to protect the City’s Core Areas (natural heritage features), the By-law is being revised to identify that Site Plan Control may be required for new Agricultural buildings and structures located within 120 metres of a Core Area.

• if staff determine that the location of a proposed building is not likely to impact on the adjacent Core Area, the requirement for a Site Plan Control application will be waived.

• Reduced fees and faster timelines apply to applications for Agricultural buildings and structures.

• Specific Agricultural buildings have been identified which will require Site Plan Control no matter where they are located, including mushroom operations, kennels, and stand-alone agriculturally-related commercial and industrial uses.


NEXT STEPS

WE WANT TO HEAR FROM YOU!

Following the Drop-in Information Sessions, staff would appreciate your comments on the Draft Rural Zoning. The comments you provide us with will be used to finalize the zoning.

Please submit your comments by December 12th, 2014 on the comment form provided at today’s Drop-in Session, or on the form found at www.hamilton.ca/ruralzoning

A formal Public Meeting of the Planning Committee is anticipated to be held in early 2015 to bring forward the required Official Plan Amendment and Zoning By-law Amendments to implement the new Rural Zoning.

HOW CAN YOU CONTACT US?

For more information, please visit our website: www.hamilton.ca/ruralzoning

You may contact us by email at: [email protected]

You may contact us by phone or in writing at:

Planning & Economic Development Department 71 Main Street West, 4th Floor Hamilton, ON L8R 2K3 Phone: 905-546-2424

If you would like to arrange a meeting to discuss any site specific issues, please speak to us to schedule a meeting.

Heather Travis, Senior Project Manager Ext. 4168 orDiana Yakhni, Planner Ext. 7582

Documents

WELCOME TO THE PROPOSED RURAL ZONING DROP-IN INFORMATION ... · RURAL ZONING DROP-IN INFORMATION SESSION ... • Provide your comments on the amendment to the Site Plan Control By-law