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12 07 2016 2016-ZBA-08 (Township of Oro-Medonte General Amendment)Notice of Public Meeting for Proposed Amendments to the Zoning By-law of C9i�rr��r�n�at� the Township of Oro-Medonte lhn.rJ ilrrir.,, T..: fri,.� Femrr ' 2016-ZBA-08 (Township of Oro-Medonte General Amendment) Take Notice that the Township of Oro-Medonte deemed the following application to amend the Zoning By-law 97-95, as amended, a "Complete" Application under the Subsection 34 of the Planning Act, R.S.O. 1990, c. P. 13 on the 26th day of September, 2016, Take Notice that the Development Services Committee of the Township of Oro- Medonte will hold a Public Meeting on Wednesday, December 7, 2016 at 7:00 p.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on proposed Amendments to the Zoning By-law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The purpose and effect of the Zoning By-law Amendments is to review and obtain public input on draft amendments to the Township's Comprehensive Zoning By-law 97-95 to permit the keeping of backyard chickens and to regulate the siting and sizing of structures relating to that use. The effect of the application would be permissions for backyard chickens as an accessory use to single detached dwellings in the following zones: Residential One (111), Rural Residential One (RUR1), Rural Residential Two (RUR2), and Agricultural/Rural (A/RU) Zones. A draft by-law is available for review on the Township website (Draft By-law — Backyard Chickens). Based on the public consultation, the final by-law may be amended following the public meeting prior to Council's final consideration. A Regulatory By-law for the Licensing/Permitting to regulate the keeping of backyard chickens will be considered by Council as part of this public process. A key map illustrating the location of the subject lands is not provided as the proposed amendments to By-law 97-95 would apply to various lands within the geographic boundaries of the Township of Oro-Medonte. And take further notice that pursuant to Section 34 (10.7) of the Planning Act, the Application/Draft Zoning By-law Amendment is part of the public record and is available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building. Any person wishing further information or clarification with regard to the application or to arrange to inspect the application should contact the Planning Division at 705-487-2171. If you are submitting letters, faxes, emails, presentations or other communications with the Township concerning this application, you should be aware that your name and the fact that you communicated with the Township will become part of the public record. The Township will also make your communication and any personal information in it available to the public, unless you expressly request the Township to remove it. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Amendment. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services Dated at the Township of Oro-Medonte this 14t" day of November, 2016 Andria Leigh, MCI RPP Director, Development Services The Corporation of the Township of Oro-Medonte DRAFT By-law No. 2016-_ A By-law to Amend Zoning By-law 97-95, as amended (Backyard Chickens) Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that powers of every Council are to be exercised by by-law unless specifically authorized to do otherwise; and And Whereas Section 8(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides Municipalities with broad authority to govern affairs as it considered appropriate and to enhance the Municipality's ability to respond to municipal issues; and And Whereas Sections 11 (1) and (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower -tier municipality may provide any service of thing that the Municipality considered necessary or desirable for the public in rospect,.to the economic, social, and environmental well-being of the municipality and=the health; safety, and well- being of persons; and And Whereas Sections 11 (3) of the Municipal Act, 2001_S.O `2001, c 25 _as amended, provides that a lower -tier municipality may pass by-laW.dAmespecting matter"hin the following spheres of jurisdiction: animals, and And Whereas Council endorsed Staff Report DS2016-087 Prosed. -Amendment to Township's Zoning By-law 97-95, as amended for; Backyard 0f1rekens and deems it expedient, necessary and in the public interest to regulate the keeping of backyard chickens in accordance with the Zoning By-law for the purpose of public health and safety; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That a new Section 5.39_be added into the General provisions of Zoning By-law 97- 95, as amended as follows: "5.39 BACKYARD CHICKENS - Notwithstanding where agricultural uses, intensive are. ,permitted in the Agricultural/Rural (A/RU) Zone, backyard chickens shall be permitted.in the R1, RUR1, RUR2, and A/RU Zones as an accessory use to a single detached dwelling. Chicken coops and chicken manure storage shall be considered accessory buildings or structures. The following provisions shall apply to the placement of the coop and manure storage structures: (a) Coops and manure storage structures may be built together, separately, or within an existing building/structure. (b) The coop and manure storage structure, exclusive of the outdoor enclosure, shall not cumulatively exceed an area of 10 square metres. (c) Coop and manure storage structures shall not be located closer to a front lot line or exterior side lot line than the front or exterior side or wall of the single detached dwelling; (d) MDS shall not apply to backyard chicken uses; (e) Coops and manure storage structures shall be included within the maximum lot coverage calculations for accessory buildings or structures (Section 5.1.5); (f) Coops shall be set back a minimum of 2 metres (6.5 feet) from the rear lot line or interior side lot line; and (g) Manure storage structures shall be set back a minimum of 3 metres (9.8 feet) from the rear lot line or interior side lot line. 2. That Section 6.0 — DEFINITIONS - is hereby amended by adding the following new definitions: DRAFT BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 "BACKYARD CHICKENS means the accessory keeping of hens for the purposes of companionship as a pet. or of providing food for personal consumption of occupants of the dwelling on the same lot; and does not include accessory livestock, or agricultural uses otherwise defined by the Township of Oro-Medonte's Zoning By-law." "COOP means a fully enclosed weatherproof building where hens are kept and which the interior of includes nest boxes for egg laying, perches for the hens to sleep on and food and water containers." "HENS means a domesticated female chicken that is at least four months old." 3. This By-law shall take effect on the final passing thereof, subject to the provisions of the Planning Act, as amended. DRAFT BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 By-law read a First, Second and Third time, and Passed this day of 2016. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin DRAFT BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 The Corporation of the Township of Oro-Medonte DRAFT By-law No. 2016-_ A By-law to Regulate the keeping of Backyard Chickens within the Township of Oro-Medonte Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that powers of every Council are to be exercised by by-law unless specifically authorized to do otherwise; and And Whereas Section 8(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides Municipalities with broad authority to govern affairs as it considered appropriate and to enhance the Municipality's ability to respond to municipal issues; and And Whereas Sections 11 (1) and (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower -tier municipality may provide any service of thing that the Municipality considered necessary or desirable for the public in respect to the economic, social, and environmental well-being of the mi u- the health, safety, and well-being of persons; and And Whereas Sections 11(3) of the Municipal Act, 2001, SO. 2001, c.25, as amended, provides that a lower -tier municipality may pass by-laws respecting matterswithin the following spheres of jurisdiction: animals, and And Whereas Council endorsed Staff Report DS2016-087 — Proposed Amendment to Township's Zoning By-law 97-95, as amended for Backyard Chickens and deems it expedient, necessary and in the public interest to regulate the keeping of backyard chickens in accordance with the Zoning By-law for the purpose of public health and safety; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Appendix "A" and Schedules °A" and "B" attached hereto shall form part of this By-law. ' 2. This by-law may be cited as "The Township of Oro-Medonte Backyard Chicken Licensing By-law"; 3. This By-law shall come into force and effect on the date of its final passing. By-law read a First, Second and Third time, and Passed this day of , 2016. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Clerk, J. Douglas Irwin DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 Appendix "A" — By-law 2016 - 1.0 DEFINITIONS: "Applicant" means a person or corporation having made an Application pursuant to this By-law but has not yet been issued a Permit pursuant to this By-law. "Backyard Chickens" means the accessory keeping of hens for the purposes of companionship as a pet or of providing food for personal consumption of occupants of the dwelling on the same lot; and does not include accessory livestock, or agricultural uses otherwise defined by the Township of Oro-Medonte's Zoning By- law. "Clerk" means the Clerk of The Corporation of the Township of Oro-Medonte. "Coop" means a fully enclosed weatherproof building where hens are kept and which the interior of includes nest boxes for egg laying, perches for the hens to sleep on and food and water containers. "Council" means the elected Council of The Corporation of the Township of Oro- Medonte. "Hen" means a domesticated female chicken that is at,least `four months old. "Municipal Law Enforcement Officer' means a person appointed by the Council for the purposes of carrying out the enforcement of Municipal By-laws. "Owner" means and includes any person who possesses the backyard chickens within the Township. Where the owner is a minor, the person responsible for the custody of the minor is deemed to be the owner of the backyard chickens. "Owner" shall also mean the owner of the property on which the backyards chickens are kept. "Permit" means a permit issue6 by the Township of Oro-Medonte upon compliance to this by-law permitting an owner.to have backyard chickens. "Permit Fee means the monetary costs for a permit. means the official or'employee of the Township charged with the duty of ding the provisions'of the Zoning By-law. "Township" means The Corporation of the Township of Oro-Medonte. 2.0 PERMITTING 2.1 No person'shall own, operate, manage, control, supervise, or have on any property, any Backyard Chickens unless a permit has been issued for such backyard chickens by the Township. 2.2 Every application shall be approved by the Planner in accordance with the Township's Zoning By-law prior to issuance of said permit. 2.3 Every owner who applies for a permit, shall do so on the form prescribed in Schedule "B" of this By-law. 2.4 Prior to issuance of a Permit, the applicant shall pay a fee as provided for in Schedule "A" of this By-law. 2.5AII applications for a permit and renewal of a permit require an inspection by the Municipal Law Enforcement Officer to ensure compliance with all applicable legislative requirements. 2.6 In the event that the owner fails to renew a permit issued pursuant to this By- law before the expiry date, the owner shall make application for a new permit DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 and comply with all provisions of this By-law, in order to continue the keeping of Backyard Chickens. 2.7The Township reserves the right to impose specific conditions on any permit issued pursuant to this By-law. 3.0 INSPECTIONS 3.1 For the purposes of ensuring compliance with this by-law, a Municipal Law Enforcement Officer may at any time, enter any land and/or building associated with the keeping of backyard chickens. 3.2 Every owner shall permit the Municipal Law Enforcement Officer to inspect any land and/or building for the purpose of determining compliance with this by-law. 3.3 Notwithstanding any provision of this by-law, a Municipal Law Enforcement Officer shall not enter any room or place actually being used as a dwelling, unless: a) The consent of the occupier is obtained, the occupier, first' having been informed that the right of entry may be refused and, if 'refused, may only be made under the authority of a warranOssued under the Provincial Offences Act. R.S.O. 1990, as amended; or b) A warrant issued under the Provincial Offences Act, R.S.O. 1990, as amended, is obtained. 4.0 GENERAL CONDITIONS 4.1 The provisions of this section apply'to the keeping of Backyard Chickens in accordance with the Township's Zoning By-law. , 4.2 Nothing in this section shall be interpreted as reducing or eliminating the need for full compliance with the provisions of all applicable Federal and Provincial Statues and Regulations. . 4.3 No person shall keep Backyard Chickens unless that person first registers with>and receives, a permit from the Township of Oro-Medonte. An application for such permit shall be completed"on the form prescribed in Schedule "B", must be signed by the.lan_ downer and shall include the following mandatory fields and declarations: (a) Date; (b) Name, address (mailing and physical), Postal Code and Telephone number; (c) Site Sketch`illustrating the location and size of the coop and manure storage structures; (d) A declaration that the applicant has reviewed the following documents: (i) The OMAFRA Factsheet entitled "Biosecurity Recommendations for Small Flock Poultry Owners; (ii) The Resources Kit entitles "Keeping your Birds Healthy" distributed by the Ontario Ministry of Agricultural, Food, and Rural Affairs (OMAFRA); (iii) A declaration that the applicant will provide for suitable housing and shelter of chickens in their care and will maintain such housing in a clean and wholesome state, having regard for Biosecurity Recommendations for Small Flock Chicken Owners; (iv) A declaration that the applicant will provide the backyard chickens with appropriate food, water, space, and environmental conditions conducive to good health and the opportunity to socialize and engage in fundamental behaviours such as scratching, roosting and dust bathing; and (v) A declaration that the applicant has reviewed the relevant sections of the Township of Oro-Medonte's Zoning By-law and will abide by the permissions and provisions therein. DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 4AA person who keeps one or more hens as Backyard Chickens shall: a) Be permitted to keep a maximum of four (4) hens at any given time; unless directed by Council resolution to allow more. b) Be prohibited from keeping roosters. c) Provide each hen with at least 0.37 sq.m. of coop floor area; d) Provide each hen with at least 0.92 sq. m. of outdoor enclosure or fenced yard, having a floor of any combination of vegetated or bare earth in each outdoor enclosure. e) The coop and manure storage structure, exclusive of the outdoor enclosure, shall not cumulatively exceed an area of 10 sq. m. f) Provide and maintain, in each coop, at least one roost giving 15 cm of space per hen and also one next box per four hens. g) Keep each hen in an enclosed area at all times. h) Provide each hen with food, water, shelter, light, ventilation, veterinary care, and opportunities for essential behaviours, all sufficient to maintain the hen in good health. i) Maintain each hen enclosure in good repair and sanitary condition; and free from vermin and obnoxious smells and substances. j) Construct and maintain the coop to prevent any,rodent from harbouring underneath or within its walls, and to prevent entrance by any other animal. k) Keep a food container and water in each coop. 1) Keep each coop locked from sunset to sunrise. m) Remove leftover feed, trash, and manure in atimely manner. n) Store manure within an enclosed structure, and'store no more than 0.85 sq.m of manure at a time. o) Remove all other manure not use for composting or fertilizing. Follow biosecurity procedures recommended by the Canadian Food Inspection agency. p) Keep hens for personal use only. q) Not slaughter, or attempt to euthanize, a hen, on property. r) Not dispose of a hen except by delivering it to`a'farm, abattoir, veterinarian, mobile slaughter unit, or other facility that has the ability to dispose of hens lawfully:; s) A tenant must obtain written permission from the property owner to keep t) Sale of eggs, m prohibited. �e all provisions mit (Schedule 1 5.0 REVOCATI st reside on the property where hens are kept. and other products associated with keeping hens is tion 4.3 are satisfied and the permit fee is paid, a be issued to the owner/applicant. This permit shall ring on December 31 st of each calendar year. 5.1 Any person who has been issued a permit under this by-law, shall at all times comply with the by-laws of the Township and any contravention of any by-law or any other Provincial or Federal law may be grounds for the refusal, suspension or revocation of the permit. 5.2Any person who has been issued a permit under this by-law, shall at all times comply with the declarations made within an application for permit under this by-law. Non-compliance may be grounds for the refusal, suspension or revocation of the permit. 5.3A permit that has been suspended or revoked, as issued under this by-law, shall be returned to the Clerk and the Township will provide written notice addressed to the application/permit holder's last known address giving the reasons for the refusal, suspension or revocation of the permit. 6.0 OFFENCES 6.1 Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as proved for in the Provincial Offences Act R.S.O. 1990, Chapter P33, as amended. DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 6.2 Notwithstanding Section 6.1 of this by-law, every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $ 25,000, exclusive of costs. 6.3 A corporation that contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to a fine not exceeding $ 50,000. 6AThe court in which a conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other remedy and to any penalty imposed on the person convicted. 6.5 If any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under Section 66 of the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended, including any extension of time for payment order under that section, the Treasurer for the Township, or agent, may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final,cleitei of the notice, by delivering the notice or causing it to be delivered to that person at the person's residence or place of business. 6.6 If the fine referred to in Section 6.5 of this by-law' final date specified in the notice, the fine shall be status for the purposes of Sections 1(2.1) and (3) S.O. 2001, c. 25, as amended. 7.0 VALIDITY AND SEVERABILITY 7.1 Should any section, subsection, clause be declared by a Court of competent ji not affect the validity of this;by-law as the part so declared to be invalid. unpaidafter the to have priority lien unicipal Act, 2001, aph' or provision of this by-law n to be invalid, the same shall or any part thereof; other than DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 Schedule "A" — By-law 2016 — Backyard Chicken Permit Fee (New Permit) $ 50.00 Backyard Chicken Permit Fee (Annual Renewal) $ 30.00 DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 Schedule "B" — By-law 2016 - Tountship Proud Heritage, Exciting Future Application for the Keeping of Backyard Chickens Application Information Name of Applicant Name of Landowner (if other than Applicant) Address of property, where chickens are to be kept Mailing Address of Applicant (if different than above) Telephone Number Email Declarations I/We name of applicant(s) hereby declare: 1. That I have reviewed the following documents: (a) The OMAFRA Factsheet entitled "Biosecurity Recommendations for Small Flock.Chicken Owners." (b) The Resource Kit entitled "Keeping our Birds Healthy" distributed by the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA). 2. That] will provide for suitable housing and shelter of the chickens in my care and will maintain such housing in a clean and wholesome state, having regard for Biosecurity Recommendations for Small Flock Chickens Owners. 3. That I will provide the Chickens in my care with appropriate food, water, space, and environmental conditions conducive to good health and the opportunity to socialize and engage in fundamental behaviours such as scratching, roosting, and dust bathing. 4. That I have reviewed the relevant sections of the Township of Oro-Medonte Zoning By-law and will abode by the permissions and provisions within it. 5. That I have attached a site sketch illustrating the location and size of the coop and manure storage structures in accordance with the by-law provisions. Dated this day of 201 Print Name Print Name Signature of Applicant (s) Signature of Applicant(s) DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 Where the applicant is a tenant, the signature of the landowner is required below confirming they are aware of and support the application for keeping of backyard chickens on the lands. Print Name Print Name Signature of Landowner (s) Signature of Landowner (s) DRAFT PERMITTING BY-LAW FOR PUBLIC MEETING PURPOSES — Prepared November, 2016 WAWA J f r� 10 MGM._ :. ,_ .. �� �_ ,�,� ice. .«• ,�. -, r� ,qlllllll iqll- III INK,N i 2 1111rooll I rl"i Simcoe County District School Board 170 Highway 26 West Phone: (705) 728-7570 Midhurst, Ontario Fax: (705) 728-2285 LOL I XO wwwscdsb.on.ca November 15, 2016 Ms. Andria Leigh, MCIP, RPP Director, Development Services Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, ON LOL 2X0 Dear Ms. Leigh: FILE NO.2016-ZBA-08 ZONING BY-LAW AMENDMENT GENERAL AMENDMENT/BACKYARD CHICKENS TOWNSHIP OF ORO-MEDONTE Thank you for circulating a copy of the proposed Zoning By-law Amendment Application for the above -noted property to this office. The amendment will permit the keeping of backyard chickens and will regulate the siting and sizing of structures related to that use. The effect of the application would be permissions for backyard chickens as an accessory us a to single detached dwellings in the Residential One (R1), Rural Residential One (RUR1), Rural Residential Two (RUR2), and Agricultural/Rural (A/RU) Zones. Planning staff have no objection to the proposed zoning by-law amendment. Should you require additional information, please do not hesitate to contact the undersigned. Yours truly, 174YA_"�_ Holly Spacek, MCIP, RPP Senior Planner From: Keith Sherman [mailto:ksherman@midland.ca] Sent: Wednesday, November 16, 2016 3:55 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Coutanche, Barbara <barbara.coutanche@oro-medonte.ca>; Julie Cayley <jcayley@midland.ca>; Melissa Carruthers <mcarruthers@midland.ca> Subject: RE: Notice of Public Meeting for Proposed Amendment to the Zoning By-law (2016-ZBA-08) Township of Oro-Medonte Hello Teresa, SSEA has no comment on the zoning By-law from a water quality or source water standpoint. Keith Sherman, Risk Management Official/Special Projects Officer Severn Sound Environmental Association 67 Fourth Street Midland, ON L4R 3S9 705-527-5166 fax 527-5167 www.severnsound.ca ksherman(cDmidland.ca This message is intended for the individual to whom it is addressed and may contain information that is confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act if you are not the intended recipient, please do not forward, copy or disclose this message to anyone and delete all copies and attachments received. If you have received this communication in error, please notify the sender immediately. From: Timothy Salkeld [mailto:tsalkeld@nvca.on.ca] Sent: Thursday, November 17, 2016 11:55 AM To: Falconi, Teresa <tfaIcon i@oro-medonte.ca> Subject: RE: Notice of Public Meeting for Proposed Amendment to the Zoning By-law (2016-ZBA-08) Township of Oro-Medonte Hi Teresa. The NVCA has reviewed this application and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. Regards; Tim Salkeld I Resource Planner Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479, ext. 233 1 F 705-424-2115 tsalkeld@nvca.on.ca I nvca.on.ca From: McNiven, Lisa Sent: Friday, November 18, 2016 1:57 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Public Meeting for Proposed Amendment to the Zoning By-law (2016-ZBA-08) Township of Oro-Medonte No comments from Transportation on the proposed changes. Lisa McNiven Manager, Operations Township of Oro-Medonte From: Ingraldi, Aldo (MMA/MHO) [mailto:Aldo.ingraldi@ontario.ca] Sent: Monday, November 28, 2016 4:48 PM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Cc: Barber, Steven (MMA/MHO) <Steven.Barber@ontario.ca>; Beatty, Jocelyn (OMAFRA) <Jocelyn.Beatty@ontario.ca>; Leigh, Andria <aleigh@oro-medonte.ca> Subject: RE: Notice of Public Meeting for Proposed Amendment to the Zoning By-law (2016-ZBA-08) Township of Oro-Medonte We are in receipt of your request for comments regarding the proposed Amendment to the Township of Oro-Medonte's Zoning By-law (2016-ZBA-08). OMAFRA staff offer the following for the Township's consideration: The Minimum Distance Separation (MDS) guideline is not an appropriate tool to use in settlement areas, as it was not intended to be used for the keeping of small scale livestock within more `urban' or more dense landscapes. OMAFRA staff encourages establishing local approaches governing agriculture in residential designations. We hope you find this comment helpful. Thank you. Aldo Aldo Ingraldi, MCIP, RPP Senior Planner Municipal Services Office - Central Ontario Ministry of Municipal Affairs I Ministry of Housing 777 Bay Street, 13th Floor Toronto ON M5G 2E5 Telephone: 416-585-6154 Email: Aldo. Ingraldi@a ontario.ca 5b) December 7, 2016 Development Services Committee Additional correspondence received From: Jamie Robinson (mailto:irobinson@mhbcplan.comj Sent: Monday, December 5, 2016 3:12 PM To: Coutanche, Barbara <barbara.coutanche@oro-medonte.ca>; Macpherson, Scott <scott.macpherson@oro-medonte.ca> Cc: 'Ron Robinson' <mpm.inc@sympatico.ca>; moon star@svmpatico.ca; Brad Robinson <numberonetwin@hotmail.com>; Leigh, Andria <aleigh@oro-medonte.ca> Subject: Public Meeting Wednesday Night 2016-ZBA-08 Hi Barb & Scott, This is on behalf or Ron and Brenda Robinson who are unable to attend the Public Meeting on December 7th We have reviewed the Draft By-law regarding the keeping of chickens on residential and rural residential properties. The By-law itself is generally well drafted. However, we have serious concerns with respect to the principle of permitting an agricultural use (chickens), even at a limited scale, as -of -right on residential properties. There was a period in history where livestock, and poultry were found in settlement areas and on residential properties. However, due to land use compatibility issues such as nuisances related to noise, odour and disease, these agricultural uses were restricted rural and agricultural areas. We understand there may be pressure in some circles for more local food options, but the permission to permit chickens as -of -right in residential areas has the potential to cause land use and health and safety issues that far outweigh the self-serving convenience or "sustainable food source" rationale associated with permitting chickens on residential properties. In summary, there is a much greater public interest in maintaining the current zoning approach of restricting agricultural uses on residential properties. It is entirely reasonable for an individual that would like the convenience of having a chicken coop on their residential property to have to undertake a Zoning By-law Amendment. On this basis, at any scale, the keeping of chickens is an agricultural use and agricultural uses should occur on the numerous rural and agricultural areas of our Township. From an administrative perspective, we also have concerns that the cost to administer and implement such a zoning and permit system would be far greater than the fees that are identified to be collected. While we appreciate Council to have to foresight to direct staff to review emerging planning issues, this is one issue where the status quo should be maintained. If staff could make sure we are provided with notice of any future meetings or decisions on this matter, it would be greatly appreciated. Thank you, Ron & Brenda Robinson 184 Moonstone Road East Development Services Committee PUBLIC MEETING December 7, 2016 7:00 pm — Zoning By-law Amendment 2016-ZBA-08 (Township General Zoning By-law Amendment) 1'rer+d HNeritn�r, 1Sxritirrg I�urnrr Zoning By-law Amendment 2016-ZBA-08 (Township) Purpose of Application: Zoning By-law Amendment — to obtain public comments on a proposed General Amendment to the Township's Zoning By-law 97-95, as amended, that proposes to permit the keeping of backyard chickens and to regulate the siting and sizing of structures related to that use. The amendment would apply to the entire Township, more specifically it is proposed to apply to the following zones: Residential One (R1), Rural Residential One (RUR1), Rural Residential Two (RUR2), and the Agricultural/Rural (A/RU) Zones. Background: ■ Notice of the Proposed amendment was posted on the Township website on November 14th , 2016 including a Draft By-law (2016- ) for review and comment ■ Notice was also published in the Midland Mirror, Barrie Examiner, and Orillia Packet and Times on November 17. 2016 rp Prnud 11"wgGt, l;xi iuuq l nanr Zoning By-law Amendment 2016-ZBA-08 (Township) Background: ■ The Township's Comprehensive Zoning By-law (97-95) was originally adopted by Council on November 5, 1997. ■ Zoning By-law 97-95 is the tool used to implement the policies of the Township's Official Plan as adopted in February 1997 ■ The purpose of By-law No. 97-95 is to: ■ prohibit the use of land and the erection of buildings and structures except for such purposes as set out in the By-law ■ to regulate the type of construction, height, bulk, location, size, floor area, spacing, character and use of buildings or structures on the lands covered by the By-law. ■ The Zoning By-law 97-95 places all lands in the Township within Zones in accordance with the policies of the Oro-Medonte Official Plan. ■ General Amendments to the Zoning By-law 97-95 were initiated in 2006 and approved by Council in 2012 and 2013 (By-laws 2012-164 and 2013-179) J'n�uA Hrrihrpr, li.ri1j, 14rtnrr Zoning By-law Amendment 2016-ZBA-08 (Township) Background: • Further General Amendments to the Zoning By-law 97-95 were initiated in 2015 and approved by Council (By-laws 2015-192 and 2015-193) • In September 2016, Report DS2016-087 was presented to Council based on a public request received by Council to consider amendments to the current zone provisions to permit the keeping of backyard chickens, these proposed amendments are now the subject of tonight's Public Meeting and consultation process. • The Township will also be proceeding with a Comprehensive Zoning By-law Update concurrent with the Official Plan Review and Conformity Exercise in 2017-18 that will be subject to a separate process and will be applicable to the entire Township. Of Yrelnl ILvira�e, EAcifing F,im,v Zoning By-law Amendment 2016-ZBA-08 (Township) Current Provisions The Agricultural/Rural (A/RU) Zone permits hobby farms and intensive agricultural uses both of which would permit chickens to be kept on the property based on a required minimum lot area of 2.0 hectares (4.9 acres) for a hobby farm and 4.0 hectares (9.8 acres) for an intensive agricultural use. The keeping of chickens is not currently permitted in any residential zone. iIYJ✓./Tf'.f Otlte {'r��eA 1lrrir,,gr, tiri irirr¢ I�tt,nrr Zoning By-law Amendment 2016-ZBA-08 (Township) Proposed Provisions Proposed amendment would permit keeping of chickens in both the Agricultural/Rural zone and specific Residential zones. Backyard Chickens would be permitted in the Residential One (R1), Rural Residential One (RUR1), Rural residential Two (RUR2), and Agricultural/Rural (A/RU) Zones accessory to a single detached dwelling. In addition to the proposed zoning by-law amendment, a licensing bylaw would be implemented to regulate the keeping of backyard chickens within the Township. Draft licensing by-law was also posted on the Township website for review and comment. \'/ Frnr+d Ucrirgtr, Exciting T'um, Zoning By-law Amendment 2016-ZBA-08 (Township) Proposed Provisions Licensing by-law would: • require an annual inspection and permit to be issued by the Township • restrict the maximum number of hens permitted to 4 on a property • not permit roosters to be kept • regulate the size and location of the coop and manure storage F'rnuA /irri7�;1R, !%ritiag ]�rtfnr Zoning By-law Amendment 2016-ZBA-08 (Township) ■ Proposed Amendments are specific to a request for Council to consider permitting the keeping of backyard chickens in residential areas ■ Council has various options: • Maintain current zoning provisions • Add permissions as proposed in the draft zoning by-law amendment and draft licensing by-law • Add permissions to specific additional zones and implement draft licensing by-law F'rnud flrriai�a, t:ariiie,:� I'nmrr Zoning By-law Amendment 2016-ZBA-08 (Township) ■ Comprehensive Review and Update to the Township Official Plan and Comprehensive Zoning By-law are being scheduled for 2015-16 for conformity to update Provincial and County Policies. ■ Proposed Amendments are considered to conform to the intent of the Official Plan for the Township and maintain the general intent of the Township's Zoning By-law. Proposed Amendments maintain the general intent of the Province's Growth Plan, are consistent with the Provincial Policy Statement, generally conform with the County of Simcoe Official Plan and Township Official Plan . �r�rrr,�,rpr't /Y,a�I�CICJfZtG' Pry+ud 11, ritrl:ai iriryg i-utrna Zoning By-law Amendment 2016-ZBA-08 (Township) Conclusion This concludes staff's overview of the proposed Zoning By-law Amendment application. Comments from the public and members of the Committee will now be heard. 'Iinttnhip u fs�� Proud H`rritogr, Exciting Futnr