Loading...
01 23 2014 Committee of Adjustment AgendaPage UTowns{rip fg-7.' Proud Herira e, Exciting Future 1. OPENING OF MEETING: The Township of Oro-Medonte Committee of Adjustment Meeting Agenda Council Chambers Thursday, January 23, 2014 Time: 9:30 a.m. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. ADOPTION OF MINUTES: 2 - 10 a) Minutes of Committee of Adjustment meeting held on Thursday, December 19, 2013. 5. PUBLIC MEETINGS: 11 - 28 a) 2013-A-53 (Robert & Janice Morton), 4015 Line 6 North, Application for relief from Minimum Lot Size for Agricultural Uses. 6. NEW BUSINESS: None. 7 NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, February 20, 2014 at 9:30 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 1 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... tirotrei " xtdumb, ,ittmtre THE TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, December 19, 2013 TIME: 9:35 a.m. Present: Bruce Chappell Roy Hastings, Vice Chair Allan Johnson Larry Tupling Regrets: Scott Macpherson, Chair Staff present: Derek Witlib, Manager of Planning; Marie Brissette, Committee Coordinator 1. OPENING OF MEETING: Roy Hastings assumed the Chair and called the meeting to order. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. Motion No. CA131219-1 Moved by Tupling, Seconded by Chappell It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, December 19, 2013 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. Page 2 of 28 Page 1 of 9 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. 4. ADOPTION OF MINUTES: a) Minutes of Committee of Adjustment meeting held on Thursday, November 21, 2013. Motion No. CA131219-2 Moved by Johnson, Seconded by Chappell It is recommended that the draft minutes of the Committee of Adjustment meeting held on Thursday, November 21, 2013 be adopted as printed and circulated. Carried. 5. PUBLIC MEETINGS: a) 2013-B-22 (James and Nancy Partridge), An application for the creation of new lot through the severance of dwelling described as surplus to a farm operation. James Partridge, applicant, and Shirley Partridge, agent, were present. Motion No. CA131219-3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional consent to Application 2013-B-22, for a severance, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary -Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 4. That the applicant apply for and obtain the following amendments to the Zoning Bylaw: a) Prohibiting residential use of the retained lands; b) Reduced lot area (1.52 hectares) for a hobby farm; 5. That all municipal taxes be paid to the Township of Oro-Medonte; and 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 2of9 Page 3 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. b) 2013-B-23 (James Partridge), 665 Line 8 North, An application for consent for the creation of new lot through the severance of dwelling described as surplus to a farm operation. James Partridge, applicant, and Shirley Partridge, agent, were present. Motion No. CA131219-4 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional consent to Application 2013-B-23, for a severance, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary -Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 4. That the applicant apply for and obtain the following amendments to the Zoning Bylaw: a) Prohibiting residential use of the retained lands; b) Reduced lot area (0.74 hectares) for a hobby farm and reduced agricultural building setbacks on the severed lands; 5. That an existing silo adjacent to the proposed northerly lot line be removed by the applicant; 6. That the applicant provide verification, to the satisfaction of the Township, that the existing septic system conforms to Ontario Building Code for minimum clearance to property lines; 7. That all municipal taxes be paid to the Township of Oro-Medonte; and 8. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 3 of 9 Page 4 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. c) 2013-A-17 (Lori and Randall Wuensch), 863 Ridge Road West, Application for relief from Maximum Height (Accessory Building) to permit the construction of a two storey detached garage. Randall Wuensch, applicant, was present. Motion No. CA131219-5 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013-A- 17, specifically to permit the construction of a detached accessory building (garage) , subject to the following conditions: 1. That, notwithstanding Section 5.1.4 of Zoning By-law 97-95, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying, in writing by way of survey or real property report, that the detached accessory building will not exceed a floor area of approximately 167.69 square metres and a height of 5.76 metres above the established grade. 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 4 of 9 Page 5 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. d) 2013-A-48 (Robert and Constance Ker), 667 Mount St. Louis Road West, An application for reduction of interior side yard (northwest corner only) setbacks to permit the construction of a 24' x 36' pole barn/storage building. Robert Ker, applicant, was present. Motion No. CA131219-6 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013-A- 48, specifically to permit the construction of a pole barn/storage building, subject to the following conditions: 1. That, notwithstanding Table B4 -C of Zoning By-law 97-95, the proposed agricultural storage building shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the agricultural storage building be located no closer than 1 metre from the westerly interior side lot line; 3. That the buildings and structures on the property be substantially in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 9 Page 6 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. e) 2013-A-49 (Mary Lynn and Imo Weinert), 41 Cahiague Road, Application for relief from setbacks from limits of Environmental Protection (EP) Zone and minimum first storey floor area to permit the construction of a single detached dwelling. Mary Lynn and Imo Weinert, applicants were present. Motion No. CA131219-7 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment approve Variance Application 2013-A- 49, specifically to permit the construction of a single detached dwelling and attached garage, subject to the following conditions: 1. That, notwithstanding Section 4.0 Table B4 and Section 5.28 of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the proposed single detached dwelling has a main floor area of approximately 26.75 sq.m. (287.9 sq.ft.) or greater; 3. That the applicant obtain any permits and/or approvals required, from the Nottawasaga Valley Conservation Authority; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6 of 9 Page 7 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. f) 2013-A-50 (Tami Field and Brian Goymour), 187 Lakeshore Road West, Application for relief from minimum Front Yard Setback, minimum Exterior Side Yard Setback and minimum Interior Side Yard Setback to permit the construction of a single detached dwelling. Tami Field, applicant, was present. Motion No. CA131219-8 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013-A- 50, to permit a minimum 6.0 metre front yard and a minimum 3.0 metre exterior side yard, and an interior side yard setack of 2.66 metres, specifically to allow the construction of a single detached dwelling and attached garage, subject to the following conditions: 1. That, notwithstanding Table B1 of Zoning By-law 97-95, as amended, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the single detached dwelling/attached garage be located no closer than 6.0 metres from the front lot line; and 3.0 metres from the exterior side lot line; and no closer than 2.66 metres from the interior side lot line. 3. That the location and size of the proposed single detached dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 7 of 9 Page 8 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. g) 2013-A-51 (Claire Judson), 5 Goss Road, Application for relief from setback from Bass Lake to permit the construction of a single detached dwelling. Claire and Derek Judson, applicants, were present. Mark Shoniker, neighbour, reviewed the comments in his correspondence. Alan Francis on behalf of Mel Petersiel, reviewed Mr. Petersiel's correspondence. Motion No. CA131219-9 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approve Variance Application 2013-A- 51, specifically to permit the construction of single detached dwelling, subject to the following conditions: 1. That, notwithstanding Table B1 and B1(1) (Minimum Front Yard and Setback from Bass Lake ) of Zoning By-law 97-95, the proposed dwelling shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That the buildings and structures on the property be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and/or approvals from the Nottawasaga Valley Conservation Authority (NVCA) and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, and the applicant enter into a Site Plan Agreement with the Township of Oro-Medonte in order to remove the Holding(H) designation on the property as provided for within the Planning Act R.S.O. 1990, c. P. 13. Carried. Page 8 of 9 Page 9 of 28 4.a) Minutes of Committee of Adjustment meeting held on Thur... Committee of Adjustment Meeting Minutes — December 19, 2013. 6. NEW BUSINESS: a) Correspondence dated November 21, 2013 from the Ontario Municipal Board, re: Withdrawal of OMB Appeal, 2013-A-41 (Braestone Development Corporation), 3009 Line 8 North. Motion No. CA131219-10 Moved by Tupling, Seconded by Johnson It is recommended that the correspondence dated November 21, 2013 from the Ontario Municipal Board, re: Withdrawal of OMB Appeal, 2013-A-41 (Braestone Development Corporation), 3009 Line 8 North be received. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, January 23, 2014 at 9:30 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA131219-11 Moved by Tupling, Seconded by Chappell It is recommended that we do now adjourn at 12:20 p.m. Carried. Carried. Roy Hastings, Vice Chair Derek Witlib, Deputy Secretary Treasurer Page 9 of 9 Page 10 of 28 Tinenshpp qf 4,4r Ay uw.)41/1Yettonte: Prowl lierk*gge, Fvrore Application Nos: 2013-A-53 2013-B-11 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... TOWNSHIP OF ORO-MEDONTE REPORT To: Committee of Adjustment Prepared By: Josh Mueller, Intermediate Planner Meeting Date: January 23, 2014 Roll #: 4346-020-003-01301 Subject: Consent & Minor Variance Applications Robert & Janice Morton 4015 Line 6 North Concession 7, West Part of Lot 5 (Medonte), Township of Oro- Medonte Motion # R.M.S. File #s: D13-047072 D10-045834 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision on Consent Application 2013-B-11: 1. That one copy of a Registered Reference Plan for the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor and be submitted to the Secretary -Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,000.00 to the Township for the retained lot created as cash -in -lieu of a parkland contribution; 4. That all municipal taxes be paid to the Township of Oro-Medonte; 5. That the applicant apply for and obtain approval of a Minor Variance to permit a lot size of less than 2 hectares for a hobby farm on the severed parcel; and 6. That the Township apply a holding ("H") provision on the retained land to control future development; 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The following condition are required to be imposed on the Committee's decision on Minor Variance Application 2013-A-53: . That, notwithstanding Table B4 (A) of Zoning By-law 97-95, the severed lot shall otherwise comply with all other applicable provisions of the Zoning By -Law. BACKGROUND: This report addresses Consent Application 2013-B-11, which was deferred from the June 2013 meeting, as well as addresses Minor Variance Application 2013-A-53 which has been applied for in relation to the consent. Development Services Application Nos. 2013-B-11 & 2013-A-53 Meeting Date: January 23, 2014 Page 11 of 28 Page 1 of 9 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... A variance has been requested to reduce the required lot size for a hobby farm on a proposed lot that is the subject of Consent Application 2013-B-11. Under the Agricultural/Rural (A/RU) Zone Table B4 - A requires 2.0 Hectares for a Hobby Farm. The applicant is proposing 1.5 Hectares in response to objection to the lot size by the County of Simcoe. The County also identified the need for an Environmental Impact Study (E.I.S.), which the applicant has since completed. The purpose of Consent Application 2013-B-11 is to consider the creation of a new agricultural lot by way of severance. The subject lands have approximately 156.7 metres (514 feet) of frontage along Line 6 North, a depth of approximately 730 metres (2394.68 feet), and occupy an area of approximately 11.5 hectares (28.413 acres). ANALYSIS: In the original application for Consent that was considered by the Committee of Adjustment in June 2013, the lands proposed to be severed, had a frontage of 115 metres (377 feet), a depth of approximately 200 metres (656 feet) and an area of approximately 2.2 hectares (5.4 acres). The lands proposed to be retained had a frontage of approximately 55 metres (180 feet), a depth of approximately 730 metres (2394.68 feet), occupy an area of approximately 9.4 hectares (23.23 acres). Based now on the reduced lot area proposed by Minor Variance Application 2013-A-53 the proposed severed lands have been modified to possess a lot area of 1.5 Ha, and the proposed retained lands would possess a lot area of 9.47 Ha. The parcel to be severed contains a single detached dwelling and is proposed for hobby farm use as well as continued residential use. The retained parcel is intended for a future single detached dwelling. FINANCIAL: Potential financial and legal implications should the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board and Council chooses to defend the Committee's decision. POLICIES/LEGISLATION: Township Official Plan The subject property is designated Rural and Environmental Protection Two by the Township's Official Plan. Section C2.2 of the Official Plan outlines the permitted uses within the Rural designation, which include agricultural and single detached dwellings. In accordance with Schedule B of the Township's Official Plan there is a water course at the front of the property although not designated or zoned; in addition the subject lands are identified as a significant woodland. In addition there is a watercourse located on the adjacent property beyond the Development Services Application Nos. 2013-B-11 & 2013-A-53 Meeting Date: January 23, 2014 Page 12 of 28 Page 2 of 9 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... rear lot line, and therefore a section at the back of the subject lands are located in the Environmental Protection (EP) Zone on Schedule A20 of the Zoning By-law 97-95. Section C2.2 of the Official Plan does not have direct policies that relate to the creation of a lot for agricultural purposes, and thus the policies found in Section D2.2.1 (New lots by Consent) would apply and are assessed further below: a) Fronts on and will be directly accessed by a public road that is maintained year round basis: The proposed severed and retained lands would have frontage on Line 6 North, which is a public roadway maintained year-round by the Township of Oro-Medonte. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties will not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; This application proposes to create a hobby farm. Significant traffic volume will not be generated by any agricultural or residential use if located on the proposed severed lands. The applicant will be required to apply for and obtain an entrance permit from the Township Transportation Department. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; The application proposes to create an agricultural lot for the operation of a hobby farm. The lands proposed to be severed would have a frontage of approximately 115 metres on Line 6 North and a lot area of approximately 1.5 hectares. The lands to be retained would have frontage along Line 6 North of approximately 55 metres, and a lot area of approximately 9.47 hectares. The severed parcel currently contains a single detached dwelling. Subject to the approval of Minor Variance Application 2013-A-53, the Consent application would comply with the Zoning By-law. e) Can be serviced with an appropriate water supply and means of sewage disposal; The applicant will be required at the time of submission of building permit to meet all requirements for septic system installation and private water supply. f) Will not have a negative impact on the drainage patterns in the area; Any future development will be reviewed by the Township Building Department, where the construction of any agricultural buildings and single detached dwelling may be subject to the completion of a lot grading and drainage plan to ensure water runoff has no negative impact on neighbouring properties. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; The retained lands, will meet with the minimum required lot frontage and area requirements of the Zoning By-law subject to the approval of Minor Variance Application 2013-A-53. No development applications are active adjacent to the subject lands, and as such no negative impacts with respect to access are anticipated as a result of this consent. Development Services Meeting Date: January 23, 2014 Application Nos. 2013-B-11 & 2013-A-53 Page 3 of 9 Page 13 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... h) Will not have a negative impact on the features and functions of any ecological feature in the area, Portions of the severed and retained lands at the front and the back of the property are within the regulation area of the Nottawasaga Valley Conservation Authority, and therefore the applicant completed an EIS as per the NVCA comments and requirements. The applicant will still be required to obtain a permit with the NVCA prior to any future development. Section B3.3 states that permitted uses in the EP2 designation are those permitted by the underlying designation (Rural in this case), which permits the hobby farm. The policies further state that development of any use that requires a zoning or official plan amendment is subject to an EIS; however this would not apply to this application. 1) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Any future development would require appropriate approvals for a well, which would ensure it would not negatively impact the quality and quantity of groundwater. As such, the proposed creation of a new agricultural lot by way of severance for a hobby farm is generally in keeping with the intent of the rural policies stated in the Official Plan. For the purpose of this application, it is noted that the creation of new lots by way of severance is permitted within the Rural designation, where the tests of severance listed in Section D2.2.1 of the Official Plan are met. The proposed severed and retained lots would front on a municipal road, and would comply with relevant Zoning provisions. Based on these factors, the application to create a new agricultural lot through severance maintains the general intent of the Official Plan. On this basis, the policies of Section D2.2.1 have been satisfied. Zoning 13v -law 97-95 The subject lands are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) Zone. This application, if approved, would not result in any development that would impact the lands in the EP Zone which is located at the rear of the property. In addition there is a watercourse that traverses the front of the property and in accordance with the zone provisions any future buildings would be required to be a minimum of 30 metres from the top of bank of watercourse, sufficient area would be available to comply with this provision. Table B4 -B of the Township's Zoning By-law requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone and Table B4A requires a minimum of 2.0 hectares for a hobby farm or agricultural uses. The lands proposed to be severed would comply with the minimum required lot frontage but not lot area (proposed 1.5 Ha) for hobby farm and agricultural uses. Therefore, the applicant has applied for a Minor Variance. In order to ensure the implementation of the recommendations of the E.I.S., planning staff recommends that a holding ("H") provision be affixed to the zoning to the retained parcel as a condition of Consent. The "H" would not be removed until Site Plan that implements the recommendations if the E.I.S. on the retained parcel is approved by the Township and NVCA. The use of the "H" would allow the Consent approval to proceed at this time, while ensuring that no development takes place on the retained parcel Development Services Meeting Date: January 23, 2014 Application Nos. 2013-B-11 & 2013-A-53 Page 4 of 9 Page 14 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... until an application for Site Plan Approval is approved and the "H" is removed by Council from the zoning of the lands. County Official Plan The subject lands are designated Greenlands in the County of Simcoe's Official Plan. Specifically, Section 3.7 contains the Greenland policies which require an Environmental Impact Study (EIS) to be completed prior to development occurring on the lot. The applicant has completed an EIS as per the requirement of the County of Simcoe. The applicant has also applied for a Minor Variance to address the County's concerns over the size of the severed lot. Planning Staff is of the opinion that, subject to the approval of the Minor Variance, the consent application conforms to the County Official Plan. Provincial Policy Statement (PPS) Policy 2.1.4 contains the policies in Natural Heritage Areas in municipalities which does not permit development in significant woodlands, unless there has been a demonstration that there is no negative impacts on the natural features or their ecological functions. The applicant has completed an EIS as per the requirement of the County of Simcoe and Provincial Policy Statement. Policy 1.1.4.1(c) contains the policies that in rural areas that development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The surrounding land uses consist of large agriculturally related and rural residential land uses. Therefore the proposed hobby farm would be in keeping rural landscape of the area. The proposed Consent application which provides for the severance to create an agricultural lot with a lot area of 1.5 hectares for a hobby farm is considered to be consistent with the Provincial Policy Statement as it relates to the use; and the applicant has completed an EIS for the retained land. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for development to occur outside of settlement areas in site specific locations with approved designations. As stated above, the Township's Official Plan does not have policies within the Rural Designation, for the creation of agricultural lots, however the proposed use of a hobby farm as the main use on the proposed severed lot would be in accordance with the Rural policies within the Official Plan. Based on the above the proposed agricultural severance in the Rural designation would be in conformity with the Provincial Growth Plan. The subject Consent Application has been reviewed by Planning Staff with respect to the Places to Grow policies. Section 2.2.9.2 of these policies state that "[development] outside of settlement areas may be permitted in rural areas in accordance with Policy 2.2.2.1 (0", which states that "[population] ... growth will be accommodated by ... directing development to settlement areas, except where necessary for development related to ... rural land uses that cannot be located in settlement areas". The Places to Grow policies, however, do not prohibit severances in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. Development Services Meeting Date: January 23, 2014 Application Nos. 2013-B-11 & 2013-A-53 Page 5 of 9 Page 15 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The subject lands are designated Rural and Environmental Protection Two Overlay within the Township Official Plan, which requires the submission an EIS to ensure that the development of the lands will not have a negative effect on the environmental features. The applicant has completed an Environmental Impact Study on the land proposed to be retained, and it now conforms to the Places to Grow legislation. Planning Act - Minor Variance Tests Planning staff has reviewed the Minor Variance Application against the tests set out in Section 45 of the Planning Act and staff is of the opinion that the variance conforms to the general intent of the Official Plan, meets the general intent of the Zoning By -Law, is appropriate for the desirable development of the lot, and is minor as it is not anticipated to have an adverse effect on surrounding land uses. Based on the above it is Planning Staff's opinion that the variance requested meets the four tests of the Planning Act. CONSULTATIONS: Environmental Services Division — No Concerns Transportation Division — No Concerns Building Division — No Concerns Nottawasaga Valley Conservation Authority — The NVCA has previously advised that the property appears to be within the County Greenlands Designation; an EIS is required in support of the application for the proposed severance. There also appears to be a drainage feature crossing the front of the property. The NVCA discourages new lots which bisect environmental features such as watercourses. We would also discourage a new driveway across the watercourse and through potential natural hazard areas. County of Simcoe — The County has previously advised that it does not object to the proposed lot creation, provided that the EIS demonstrates that the proposed development will not have a negative impact on the natural features and associated ecological functions of the area and the residential lot size is reduced in order to maintain conformity with the County of Simcoe Official Plan. ATTACHMENTS: Schedule # 1 — Location Map Schedule # 2 — Severance Sketch CONCLUSION: Planning Staff recommends that Consent Application 2013-B-11 be approved because the applicant completed an EIS as per County of Simcoe Comments, and Planning Staff has recommended Development Services Application Nos. 2013-B-11 & 2013-A-53 Meeting Date: January 23, 2014 Page 16 of 28 Page 6 of 9 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... conditions of consent to implement the recommendations of the EIS. The County of Simcoe also showed concern for the size of the retained piece of land, therefore it is recommended that Minor Variance Application 2013-A-53 be approved to address the above mentioned concern. If approved the retained land would be reduced in size to 1.5 Hectares. The Minor Variance application meets the four tests of the Planning Act. Respec fully submitted: Josh Mueller Intermediate Planner Development Services Meeting Date: January 23, 2014 Application Nos. 2013-B-11 & 2013-A-53 Page 7 of 9 Page 17 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... SCHEDULE 1: LOCATION MAP 2013-B-11 & 2013-A-53 (Morton) Development Services Application Nos. 2013-B-11 & 2013-A-53 Meeting Date: January 23, 2014 Page 18 of 28 Page 8 of 9 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... SCHEDULE 2: SEVERANCE SKETCH 2013-B-11 & 2013-A-53 (Morton) E, 1/2 OF LOT 5, WN ION 7 1 E1/2 OF CONCESSION PIN OV 515.01. _____ W_JR, __... 51,51E1' 0101, N 21e18" 15' W p- _ow Utia, i 1v&� r.4 c^4 ORIGINAL ROAD MID PI Tri .53.4..any9n_ CONCESSIONS 6 ANI) 1:1 Development Services Application Nos. 2013-B-11 & 2013-A-53 Meeting Date: January 23, 2014 Page 19 of 28 Page 9 of 9 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... 1111111111111111.1. 11 111101q 1111111111 m n;;�l rvi vmi,; ,.. a... na ;w,V �..'➢, ,�°�iYIP' Page 20 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... 811 v wur� nnio � dA rrrl�l���i AWi }h��d(�!w„nd� HPWTtiN IPwN)111i�irfunYN riV f011@Ri (uui�l orrjll Page 21 of 28 2013-B-11 & 2013-A-53 (Morton) 1405 Line 6 No 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... 11111111111111111 Page 22 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... 5000000 p, r 4f7�llh '41IuII11u muuumuuuu II '0'000000,0000',001)),«1000000111000000000000.0000Yl Page 23 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... oppp 1111111?"'111111111 PIppooppoppopp000llop Page 24 of 28 2013-B-11 & 2013-A-53 (M 1405 Line 6 North 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... ,.1401 fill �liliiliil�IVd f lillill� illl oll b II Illllllllllll11111111111 ll1,1,1,1,1,1III,,,,,, 111 riliuuuiljjl IIII1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII gui�uuuuuuuuuuquuuuuuuuuuuullllllllllllllllllllllllllllllll IIIII1 Ullllll� �giiiddnnnn"" ° "ql Nuuuuuuuuuliiiiigl,1111,1,1, dl mui Err,: �1 11111111111111111111111111111111111111 11111111111111111001111 11111111111 11110111.11111,11111111111111and IIIIIII 111111IIIII11IIIIIIIIIIIIIN Page 25 of 28 Lp*II4114,41 Member Municipalities k"? ; u rr ShelLo Sp , vat, Wasaga Beach Watershed Counties Duffel n Grey IVeember of Conservation NTARIO ir52(iCrte' 5.a) 2013-A-53 (Robert & Janice MortonPta it\SL January 9, 2014 Derek Witlib, Deputy Secretary -Treasurer Committee of Adjustment Township of Oro-Medonte P.O. Box 100 Oro, Ontario, LOL 2X0 Dear Mr. Witlib; AN 11 ZUI4 0 RC- M E DO Tc-vp\p-,,,.. • = Re: Application for Minor Variance 2013-A-53 (Morton) Part Lot 5, Concession 7, 4015 Line 6 North Township of Oro-Medonte (Formerly Township of Medonte) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for minor variance in conjunction with the related consent application. Based upon our mandate and policies under the Conservation Authorities Act, we have no objection to the approval of this minor variance application. Please note a copy of our previous comments relating to the consent application is attached to this letter. You will note the NVCA has requested a condition of consent relating to the construction of the new driveway and upgrade to the existing driveway. This requirement is to ensure conformity with Natural Hazard guidelines established within the Provincial Policy Statement which states people and vehicles must have a way of safely entering and exiting the property during times of flooding, erosion and other emergencies. Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, Tim Salkeld Resource Planner NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, Oii LOM 1T0 Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca pargt1:26ndr2aa.on.ca Tmth Sal ed 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... From: Timothy Salkeld Sent: November -08-13 2:01 PM To: 'Leigh, Andria' Cc: Janice Morton , Dave Featherstone; Witlib, Derek (dwitlib@oro-medonte.ca); Hamelin, Rachelle <Rachelle.Hamelin@simcoe.ca> (Rachelle.Hamelin@simcoe.ca) Subject: Morton consent application Attachments: D00003.PDF Hi Andria; The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the Environmental Impact Study by Skelton Brumwell and Associates (dated October 7, 2013) prepared in support of this application. The proposed building envelope has been sighted in the area discussed during pre -consultation. It follows the spatial footprint of other residential development in this area, keeping disturbance relatively centralized and minimizing impacts on the significant woodland. The size of the building envelope (one acre) appears to be larger than required based on a review of other building footprints in the area. Subject to the building envelope being reduced in size to the extent practical (suggestion attached), the NVCA is in general acceptance of the Study. We suggest the use of a peat biofilter septic system should be considered which would help to minimize land requirements for the septic system on this property. We note that within the conclusions of the report that the remainder of the retained part of the property be protected from any further development. Further discussion may be required in determining a mechanism for controlling the location of future development on the retained part of the property (e.g. Site Plan agreement?). As mentioned in previous correspondence, the NVCA noted a drainage feature crossing the front of this property. The valley feature is dry and without a defined channel at this location however, there is a significant upstream drainage area. Without a culvert, the existing driveway may not provide safe access during the Regional Storm flood event. Natural Hazard guidelines established under the Provincial Policy Statement requires that people and vehicles must have a way of safely entering and exiting the area during times of flooding, erosion or other emergencies. The NVCA therefore requests the inclusion of the following condition on any approval: That a permit be obtained under the Conservation Authorities Act for the construction of the new driveway and upgrade of the existing driveway to provide safe access during the Regional Storm flood event. The driveways will need to be designed by a qualified professional. Prior to commencement, the consultant should contact the NVCA Engineering Department for guidance and background technical information. Please be advised that our comments accordance with Natural Hazard and Natural Heritage policies established under the Provincial Policy Statement and regulations established under the Conservation Authorities Act. I understand you may not be available to discuss this at this time due to an OMB hearing. Please call me to discuss when time permits. Regards; Tim Salkeld Resource Planner Page 27 of 28 5.a) 2013-A-53 (Robert & Janice Morton),4015 Line 6 North,Ap... 11IMW'NW Jr;;I AGI"�!Idlllii�Y 111N<4!11 uuE'�tIiWIRS PROPOSED BUILDING ENVELOPE SUBJECT PRQPERTY IOM 32 DRY - FRESH SUGAR MAPLE — I-{EMLOCI< MIXED FOREST TYPE (ENCOMPAS,;ES ENTIRE STUDY AREA) MORTON QWNSI IP OF ORO-MED©NT I ►(3urE 3 POSED SEVERANCE 1:2p0 P/N 13 2742 OCT. 2013 1A mmammo 111111E11,1, 1111 II ‘111 MIIIEN1111111111/E11111111 II I Al 111111111 null Y M%li!.kt N�1yYd4d OyVA(til';I, p* I IYP. 1117 Nl'IdN4l, V,.'AbYAlibtl,p„H Y,NXyfl 61 d I mwumiw0 tE Page 28 of 28