Even after the heated issue of a Southwest Fire Academy zoning application was extinguished, the recent Tay Township council meeting dealt with its smouldering after effects.
At last month’s committee of the whole meeting, a request by the SFA for temporary use for firefighting training on a Newton Street property was narrowly defeated.
The recent meeting of Tay council addressed correspondence from the landowner as well as a resident concerned about the decision.
Property owner Glenn Irish informed council through a letter on the heels of the decision for 1420 Newton St. that despite hosting training of Tay Fire and Emergency Services for the past 10 years – including the installation of a parking lot and Tay-funded dry hydrant – the decision to deny the temporary use application would “force” him to appeal the matter to the Ontario Land Tribunal.
Coun. Gerard LaChapelle asked a barrage of clarifying questions during the meeting aimed at fire chief Shawn Aymer as well as planning and development services director, Todd Weatherell.
“Admittedly by Southwest Fire Academy, they started doing work on the property ahead of schedule," said Aymer. "So then, we didn’t enter into an agreement because we didn’t want to legitimize what they had been doing ahead of schedule, and the township actually placed an order at that time on them to stop."
LaChapelle followed up with: “There’s the potential that he could block this off. I know as the fire chief, you have the right to access water anywhere you can, but if he blocks the entrance we’re euchred. Is that correct?”
Aymer replied: “It is too far from the roadway that if he were to block access we would not be able to get to it; yes.”
When LaChapelle asked about similar appeals of farmland uses for alternate purposes, Weatherell said that “Burl’s Creek and Oro-Medonte went through the same process for where they hold concerts.”
To conclude his comments, LaChapelle stated that he was troubled by council’s commitment to economic attraction and improvement in their decision to decline the SFA application.
Mayor Ted Walker responded: “I’m of the understanding that we don’t have to defend the decision at the OLT.” That was confirmed by Weatherell.
A recommendation of agricultural diversification by the Ministry of Agriculture, Food and Rural Affairs was pointed out by Deputy Mayor Barry Norris, who added that the subject property hadn’t been farmed for nearly two decades and that “for diversified use, this would have been ideal.”
Coun. Paul Raymond shared his concern that he hadn’t seen the SFA looking for alternative locations following the temporary zoning bylaw application.
“Once you grant temporary use, the reality is that they’re not going to leave,” said Raymond. “They apply for an extension after the first three years and then they can apply for a zoning bylaw anywhere, between the time they are granted the initial (decision) to whenever."
He added that the granting of temporary use should be a temporary instance with an end date and alternate outcome, and not the establishment of a permanent goal.
“I don’t know many businesses that would set up, put all the money and time into one location, only to pick it up and move it again,” stated Raymond.
Walker pointed out that the September application was denied nonetheless, and council moved to the second letter addressed by a resident who, as Norris pointed out, had done her own research and come to her own conclusions on the matter.
In response, Norris said that while he knew of planning and policy matters, it was the opinions of Weatherell and Celeste Phillips Planning Inc. that he listened to; both of whom stated that the Newton Street lands met required conditions for the intended application purpose of training firefighters.
“There are no applicable laws that anyone who owns (agricultural land) has to farm them; they can do whatever they want to that property,” said Norris, pointing out solar farms as an example. “I find it really tough for this council, after two professional opinions, to justify you didn’t want to allow a temporary zoning bylaw.”
Walker concluded the discussion, sharing sympathy for farmers struggling to get by.
“I just think that we can’t pick and choose,” said Walker. “Either we want agricultural land use for any other purpose, or we don’t.
“So I will be bringing something to council along those lines that we shore up our OP and ZBA to prevent any use of lands zoned agricultural, for any other purpose than agricultural uses,” he added, emphasizing the word ‘any’ in his comment.
The letters of correspondence regarding the Southwest Fire Academy committee of the whole decision, can be found in the council agenda on the Tay Township website.
Tay council meets for committee of the whole meetings every second Wednesday of the month, and regular council meetings every fourth Wednesday of the month. Archives and livestreams of council meetings are available through the Tay Township YouTube channel.
