Agenda Package - PLANNING COMMITTEE_Feb10_2016

Transcription

The Corporation of the City of Kawartha Lakes
AGENDA
____________________________________________________________
PLANNING COMMITTEE
DATE: WEDNESDAY, FEBRUARY 10, 2016
OPEN SESSION COMMENCING AT 1:00 P.M.
COUNCIL CHAMBERS
CITY HALL
26 FRANCIS STREET, LINDSAY, ONTARIO, K9V 5R8
MEMBERS
Mayor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Andy Letham
Isaac Breadner
Brian S. Junkin
Gord Miller
Patrick O'Reilly
Heather Stauble
Emmett Yeo
MEETING # PC2016-02
1
1.0
CALL TO ORDER AND ADOPTION OF AGENDA
2.0
DECLARATIONS OF PECUNIARY INTEREST
3.0
PUBLIC MEETING
3.1
PLAN2016-006
4 - 12
Ian Walker, Planner II
An application to amend the Village of Woodville Zoning By-law 1993-9 to rezone a
portion of the land from Rural General Exception One (A1-1) Zone to Residential Type
One (R1) Zone on a vacant lot described as Registered Plan 119, Blocks D, F, H, Part
Block M and Part Lot 9 E Agnes, 57R-5325, Part 2, former Village of Woodville, City of
Kawartha Lakes, Vacant Land on Beach Street (MACALPINE - Planning File D06-16007)
3.2
PLAN2016-008
13 - 23
Sherry L. Rea, Planning Coordinator
An application to amend the Township of Ops Zoning By-law to prohibit livestock in the
barn on the property, permit a reduced lot frontage on a proposed residential lot and
reduce a side yard setback for an accessory building on the retained lot on land
identified as 36 and 44 Golden Mile Road (REDMOND)
3.3
PLAN2016-009
24 - 32
David Harding, Planner I
An application to amend the Township of Mariposa Zoning By-law 94-07 to rezone a
portion of the land from Rural General (A1) Zone to Rural General Exception Thirty (A130) Zone on property described as Part of Lots 2 and 3, Concession B, Geographic
Township of Mariposa, City of Kawartha Lakes, identified as 41 Stub Road and 150 Sun
Valley Road (ROBROOK FARMS LTD., Planning File D06-16-006)
3.4
PLAN2016-011
33 - 43
2
Mark LaHay, Planner II
Official Plan Amendment (D01-16-001) and Zoning By-law Amendment (D06-16-004)
Applications to permit a reduced agricultural lot size to facilitate a future consent for a lot
addition (boundary adjustment) to support the existing abattoir use with a larger land
area for animal husbandry practices and reduce the interior setback for a drive shed to 6
metres on the property described as Part N 1/2 Lot 1, Concession 10, RP 57R-9042
Parts 2 and 3, Geographic Township of Mariposa, and municipally known as 18619
Simcoe Street (2030044 ONTARIO INC. and DEVOS)
4.0
BUSINESS ARISING FROM PUBLIC MEETING
5.0
DEPUTATIONS
6.0
CORRESPONDENCE
7.0
CITY OF KAWARTHA LAKES REPORTS
7.1
PLAN2016-007
44 - 56
Ian Walker, Planner II
An application to amend the Township of Fenelon Zoning By-law to rezone a portion of
the land from Environmental Protection (EP) Zone to Agricultural Exception Nineteen
(A1-19) Zone on a vacant lot described as Part of Lot 21, Concession 7, Geographic
Township of Fenelon, City of Kawartha Lakes, 896 Country Lane (MITOV - Planning File
D06-15-021)
8.0
ADJOURNMENT
3
Planning Committee Report
Report Number PLAN2016-006
Date: February 10,2016
Time: 1:00 p.m.
Place: Council Chambers
Public Meeting
Ward Community Identifier:
Subject:
Ward 4 • Woodville
An application to amend the Village of Woodville Zoning By-law
1993-9 to rezone a portion of the land from Rural General Exception
One (A 1-1) Zone to Residential Type One (R1) Zone on a vacant lot
described as Registered Plan 119, Blocks D, F, H, Part Block M,
and Part Lot 9 E Agnes, 57R-5325, Part 2, former Village of
Woodville, City of Kawartha Lakes, Vacant Land on Beech Street
(MACALPINE- Planning File 006-16-007).
Author/Title: lan Walker, Planner II
Signature:
Recommendations:
RESOLVED THAT Report PLAN2016-006, respecting "MACALPINEApplication 006-16-007", be received; and
THAT the application respecting Application 006-16-007 be referred back to staff
for further review and processing until such time that all comments have been
received from all circulated Agencies and City Departments and that any
comments and concerns have been addressed.
Department Head:
Corporate Services Director I Other:
Chief Administrative Officer:
4
Report PLAN2016-006
006-16-007 (MACALPINE}
Page 2 of6
Background:
The applicant has submitted an application to rezone a portion of the vacant lot in
order to allow a detached dwelling. The entire property is zoned Rural General
Exception One (A1-1) Zone, which prohibits residential development. The
prohibition on new residential development in Woodville is the result of an
insufficient quantity of water available to support new development. There is now
allocation available for one residential dwelling on this lot. As such, the owners
are seeking to permit the residential use on a portion of the lot.
Owner:
674693 Ontario Inc.
Applicant:
Donna and Bruce MacAlpine
Legal Description: Registered Plan 119, Blocks D, F, H, Part Block M, and Part
Lot 9 E Agnes, 57R-5325, Part 2, former Village of Woodville
Designation:
Urban Settlement Area, City of Kawartha Lakes Official Plan
Zone:
Rural General Exception One (A1-1) Zone on Schedule 'A',
Village of Woodville Zoning By-law No. 1993-9
Lot Area:
2.02 ha. [5.12 ac.- MPAC]
Site Servicing:
Municipal water supply, Unserviced
Existing Uses:
Vacant Land
Adjacent Uses:
North:
East:
South:
West:
Residential
Vacant Land, Municipal Well
Vacant Land, Watercourse
Residential
Rationale:
The lot is located on the east side of Elm Street, on the south side of Beech
Street, in the former Village of Woodville. The applicant proposes to rezone a
portion of the lot to allow a detached dwelling and accessory uses. Woodville
has a constraint on development due to an insufficient quantity of water available
on a year round basis. Policies in the Official Plan (OP) recognize that once the
servicing issue has been resolved, the predominant use of land shall be single
detached dwellings. While the OP permits single detached dwellings, the lot
identified for the proposed residential use is zoned Rural General Exception One
(A 1-1) Zone, which only allows those uses, buildings and structures existing on
the day the By-law was passed. The land is currently vacant. Therefore, a
Zoning By-law amendment is necessary to permit the proposed use on this
portion of the lot.
The applicant has submitted a Conceptual Site Plan Layout in support of the
application, which have been circulated to various City Departments and
commenting Agencies for review.
5
Report PLAN2016·006
006-16-007 (MACALPINE)
Page 3 of6
The Rural General Exeption One (A1-1) Zone must be amended to a Residential
Type One (R1) Zone to allow a dwelling as a permitted use. Refer to Appendix
'8'.
Staff cannot determine the appropriateness of the proposal at this time as
responses from other City Departments and commenting Agencies have not
been received. Staff recommend that the application be referred back to staff
until such time as commenting Agencies and/or City Departments have
submitted comments, and any concerns have been addressed, and to permit
discussions with the applicant respecting conformity to applicable policies.
Provincial Policies:
Growth Plan for the Greater Golden Horseshoe, 2006:
The Growth Plan (GP) provides that growth should be directed towards
settlement areas, and the majority of growth will be accommodated through
intensification. The subject lot is located within the development area boundary
for the Woodville Secondary Plan Area.
Therefore, this application conforms to the policies of the Growth Plan.
Provincial Policy Statement, 2014 (PPS):
The Provincial Policy Statement (PPS) provides for appropriate development
while protecting resources of provincial interest, public health and safety, and the
quality of the natural environment. Sections 1.1.3.1 through 1.1.3.3 direct
development to settlement areas, and promote opportunities for intensification
and redevelopment.
Section 1.6.6.4 of the PPS provides individual on-site sewage and water services
may be used provided that site conditions are suitable for the long-term provision
of such services with no negative impacts. In settlement areas, these services
may only be used for infilling and minor rounding out of existing development.
Section 1.6.6.6 of the PPS requires confirmation of sufficient treatment capacity
for hauled sewage from individual on-site sewage services.
The subject lot is not within or adjacent to any natural heritage features or
species at risk (SAR), and is not located within any natural hazards, as identified
in Section 3.1 of the PPS.
Therefore, this application is consistent with the PPS.
Official Plan Conformity:
The lot is designated Urban Settlement Area in the City's Official Plan (OP) which
is currently under appeal, therefore the former Victoria County Official Plan
(VCOP) designation of Urban applies to this property. The use of land in the
Urban designation includes a broad range of residential uses, although lower
density residential uses predominate. The VCOP anticipates the Village of
6
Report PLAN2016-006
Page4 of6
Woodville will develop on the basis of a communal water system. Section 6.2.3
of the VCOP states "Within the Urban designation, development should proceed
on the basis of the full range of services that is provided or anticipated in the
community... Development may proceed in such areas on limited servicing if it
has been clearly established that: there is a need for development; full services
will not be provided in the future; soil and groundwater conditions are suitable;
and the development represents a logical extension to the existing developed
area.". The portion of the lot subject to rezoning should not impact any future
development potential on the subject lot.
Therefore, this application conforms to the policies of the Official Plan.
Zoning By-Law Compliance:
The lot is zoned Rural General Exception One (A 1-1 ) Zone in the Village of
Woodville Zoning By-law 1993-9. The exception only allows the property to be
used for uses, buildings and structures existing on the day the By-law was
passed. Water allocation has now been provided for one dwelling on this
property. Approximately 2,225 sq. m. of the lot has been identified for the
detached dwelling, and is to be rezoned Residential Type One (R1) Zone. The
lot meets the requirements of the R1 Zone, which is the same zone which applies
to other properties in this neighbourhood. The remainder of the vacant property
will continue to be used only for existing uses.
The application will comply with all other relevant provisions of the Zoning Bylaw.
Other Alternatives Considered:
No other alternatives have been considered.
Financial Considerations:
There are no financial considerations unless council's decision to adopt or its
refusal to adopt the requested amendment is appealed to the Ontario Municipal
Board. In the event of an appeal, there would be costs, some of which may be
recovered from the applicant.
Relationship of Recommendations To Strategy Map:
The City's Strategy Map outlines Council's Vision of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment.
This application aligns with all three (3) priorities: it attracts new residents,
enhances accessability, and promotes sustainable resource consumption.
7
Page 5 of6
Review of Accessibility Implications of Any Development or
Policy:
There are no accessibility implications for the City.
Servicing Comments:
The lot is unserviced. The proposed single detached dwelling will be serviced by
the municipal water supply and a private sanitary sewage disposal system. In
accordance with Section 1.6.6.4 of the PPS, individual services may be used
provided that site conditions are suitable for the long-term provision of such
services with no negative impact.
Consultations:
Notice of this application was circulated to landowners within a 120 metre radius,
plan-review agencies, and City Departments which may have an interest in the
application. To date we have received the following comments:
Agency Review Comments:
The Building Division provided on January 12, 2016 that it has no concerns with
respect to the application.
The Community Services Department provided on January 18, 2016 that it has
no concerns or comments with respect to the application.
The Engineering & Assets Department provided on January 29, 2016 that it
requires confirmation that the road allowance for the cul-de-sac at the end of
Beech Street has been appropriately conveyed to the City. A lot grading plan will
be required as part of future building permit applications, and shall ensure that
drainage is directed to a protected outlet and will not impact adjacent properties.
The lot grading plan shall identify all existing water service locations to the
property.
Development Services- Planning Division Comments:
The appropriate background studies in support of the application have been
submitted and circulated to the appropriate Agencies and City Departments for
review and comment. At this time, comments have not been received from all
circulated Agencies and City Departments. Staff recommend that the application
be referred back to staff until such time as comments have been received from
all circulated Agencies and City Departments, and that any comments and
concerns have been addressed.
8
Page 6 of6
Conclusion:
In consideration of the comments and issues contained in this report, Staff
respectfully recommends that the proposed Zoning By-law Amendment
application be referred back to staff for further review and processing until such
time as comments have been received from all circulated Agencies and City
Departments, and that any comments and concerns have been addressed.
Attachments:
Appendix 'A' - Location Map
-,:
PL.AN2016·006
Appendix A. pdf
Appendix 'B'- Sketch for Zoning Amendment- received November 27,2015
-,:·
PL.AN2.016·006
Appendix B. pdf
Appendix 'C' - Aerial Photo
-,.:
PL.AN2016-006
Appendb< C. pdf
Phone:
705-324-9411 ext. 1368 or 1-888-822-2225 ext. 1368
E-Mail:
[email protected]
Department Head:
Chris Marshall, Director
Department File:
D06-16-007
9
APPENDIX.
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PHONE OR FAX: (905) 335-5012
TORONTO: (416) 777-2710
1-800-561-3495
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Planning Report
Report Number PLAN 2016-008
Date: February 10, 2016
Time: 1:00 p.m.
Public Meeting
Ward Community Identifier: Ward 12
Subject:
An application to amend the Town ship of Ops Zoning By-law to
prohibit livestock in the barn on the property, permit a reduced lot
frontage on a proposed residential lot and reduce a side yard
setback for an accessory building on the retained lot on land
identified as 36 and 44 Golden Mile Road. (REDMOND).
Author/Title: Sherry L. Rea, Planning Coordinator
Signature:
Lli6J.
Recommendation:
RESOLVED THAT Report PLAN2016-008, respecting Part Lot 15, Concession
6, geographic Township of Ops, and identified as 36 and 44 Golden Mile Road,
Application No. 006-16-005, be received;
THAT the proposed zoning by-law amendment for Application D06-16-005,
substantially in the form attached as Appendix "D" to Report PLAN2016-008, be
approved and adopted by Council; and
THAT the Mayor and Clerk be authorized to execute any documents and
agreements required by the approval of this application.
Department Head:
13
Report PLAN2016-008
Redmond- 006-16-005
Page 2 of 5
Background:
The proposal is to amend the Town ship of Ops Zoning By-law to reduce the
minimum lot frontage requirement of a proposed residential lot, reduce a side
yard setback requirement for an accessory building on the retained agricultural
lot and prohibit the housing of livestock in the barn on the property. See
Appendix "A" and "B" attached.
Owner:
Legal
Description:
Mike Redmond and Mike Redmond Septic Services Ltd.
Part Lot 15, Concession 6, geographic Township of Ops, now
City of Kawartha Lakes
Official Plan:
Designated Prime Agricultural, Rural and Environmental
Protection on Schedule "A-3" of the City of Kawartha Lakes
Official Plan.
Zone:
Agricultural (A), Rural Residential (RR) and Rural Residential
Exception Fifteen (RR-15) on Schedule "A" of the Township of
Ops Zoning By-law No. 93-30.
Total Area:
33.9 ha.
Site Servicing: Private wells and individual septic systems (existing and
proposed).
Existing Use:
Agricultural
Adjacent Uses: North & West:
South:
East:
Residential (Single detached dwellings)
Residential and Agricultural
Halter Road and Undeveloped Land
Rationale:
The subject land is located in the south west corner of Golden Mile Road and
Halter Road and is municipally known as 36 and 44 Golden Mile Road. The
owner applied for and received provisional consent to create four (4) rural
residential lots fronting Golden Mile Road and retain the agricultural parcel. The
proposed residential lots will be serviced by private wells and individual septic
systems located at the rear of the proposed lots. The land is currently zoned
Rural Residential (RR) which will facilitate the creation of the lots. In 2014, the
owner rezoned 2.52 ha. of land located down gradient of the proposed lots as a
nitrate attenuation area which would preclude development on the land. See
Appendix "A", "B" and "C" attached.
As a result of the planning review undertaken for the applications for consent to
create the four (4) rural residential lots, two (2) zoning issues were identified. The
Rural Residential (RR) Zone has a minimum lot area of 0.2 ha. and a minimum
lot frontage of 38 m. All the proposed lots meet the minimum lot area requirement
14
Report PLAN2016-008
Redmond - 006-16-005
Page 3 of5
and three (3) of the four (4) proposed lots meet the minimum lot frontage
requirement. The most easterly proposed lot has a proposed lot frontage of 22.4
m. due to the oblique angle of the intersection of Halter Road and Golden Mile
Road. Where the lot lines are not parallel, Lot Frontage, as defined in the Zoning
By-law is measured parallel to the front lot line at a distance equal to the front
yard depth of 9 m. The second issue is a small accessory building located
between the barn and the limit of the most westerly proposed lot. It is proposed
to reduce the minimum side yard setback from 2 m. to 0.55 m.
It is a condition of consent that the existing barn and foundation be removed from
the property or demolished. Alternatively, the property could be rezoned to
prohibit the barn from housing livestock. Agricultural uses (i.e. hay storage) are
still permitted in the barn as the agricultural use occurring on land zoned Rural
Residential (RR) is considered legal non-conforming.
In support of the application for rezoning, the applicant submitted a Planning
Justification Report prepared by Bob Clark of Clark Consulting Services. Staff
has reviewed the planning analysis and agrees with the planning opinion.
Applicable Provincial Policies:
The application for rezoning conforms with policies in the Growth Plan for the
Greater Golden Horseshoe (Growth Plan) and the 2014 Provincial Policy
Statement (2014 PPS). The application serves to maintain conformity with the
provincial plans as new land uses, including the creation of lots, shall comply with
the minimum distance separation formulae (MDS). Prohibiting the barn from
housing livestock negates the regulation.
City of Kawartha Lakes Official Plan:
The land is designated Prime Agricultural, Environmental Protection and Rural in
the City of Kawartha Lakes Official Plan. The consent applications conform to the
consent policies in the City of Kawartha Lakes Official Plan and prohibiting the
barn from housing livestock also ensures compliance with MDS criteria.
Zoning By-law Compliance:
The land is zoned Agricultural (A), Rural Residential (RR) and Rural Residential
Exception Fifteen (RR-15) in the Township of Ops Zoning By-law No. 93-30. The
applicant requests a reduction in the minimum lot frontage requirement for the
most easterly proposed lot and a reduction in the side yard setback requirement
for the retained agricultural lot. Staff supports the requests and recommends two
(2) Rural Residential Exception (RR**) Zones be applied to identify those areas.
One of the RR Exceptions Zones will also prohibit the barn from housing
livestock.
15
Report PLAN2016-008
Redmond - 006-16-005
Page 4 of 5
No other alternatives were considered at this time.
There are no financial implications for the City, unless the application is appealed
to the Ontario Municipal Board. In the event of an appeal, there could be costs,
some of which may be recovered from the applicant.
Relationship of Recommendation(s) To Strategic Priorities:
Approval of the proposed rezoning does not directly impact or align with a
specific Strategic Priority.
Policy:
There are no accessibility implications as a result of the proposed rezoning.
Servicing Comments:
The application was circulated to the City's Building Division- Sewage System
Program for review and received confirmation that they have no objection to the
zoning amendment.
Development Services - Planning Division Comments:
The application for zoning by-law amendment conforms to provincial policy and
the City of Kawartha Lakes Official Plan. The application ensures that the MDS
criteria has been addressed and that the proposed rural residential lots will
comply with the Township of Ops Zoning By-law. Staff respectfully recommends
that the application be approved and adopted by Council.
Consultations:
Notice of this application was circulated in accordance with the requirements of
the Planning Act The following comments have been received as of the drafting
of this report.
Building DivisionSewage System Program- January 15, 2016; no objection.
Community Services Department- January 18, 2016; no concerns or objections.
16
Report PLAN2016-008
Redmond - 006-16-005
Page 5 of 5
Ministry of Transportation- January 21, 2016; no concerns.
Attachments:
Appendix "A" - Location Map
Appendix 'A' Location Map. pdf
Appendix "B"- Conceptual Lot Layout
Appendix 'B' Conceptual Lot Layot
Appendix "C" - Draft Reference Plan
Appendix 'C' - Draft
Reference Plan. pdf
Appendix "D" - Draft Zoning By-law Amendment
Appendix 'D' - Draft
Zoning By-law.pdf
Phone: 705.324.9411, ext.1331 or 1-888-822-2225 ext. 1331
E-Mail: [email protected]
Department Head: Chris Marshall, Director
Department Files: D06-16-005
17
APPENDIX "_
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APPENDIX"
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THE CORPORATION OF THE CITY OF KAWARTHA LAKES)z I I •'\II / .-Ylo
REPORT r I f.. yv /c,,· · l.v G
BY-LAW 2016A BY-LAW TO AMEND THE TOWNSHIP OF OPS ZONING BY-LAW NO. 93REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File D06-16-005, Report PLAN2016-008, respecting Part Lot 15, Concession 6,
geographic Township of Ops, and identified as 36 and 44 Golden Mile Road REDMOND]
Recitals:
1.
Section 34 of the Planning Act authorizes Council to determine the appropriate
zoning categories and provisions assigned to land.
2.
Council has received an application to amend the categories and provisions
relating to a specific parcel of land to reduce a minimum lot frontage and
minimum side yard setback requirement and prohibit the use of the barn from
housing livestock.
3.
A public meeting to solicit public input has been held .
4.
Council deems it appropriate to rezone the Property.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes
enacts this By-law 2016-_ .
I Section 1:00 Zoning Details
1.01
Property Affected: T he Property affected by this by-law is described as Part
Lot 15, Concession 6, geographic Township of Ops, City of Kawartha Lakes,
36 and 44 Golden Mile Road.
1.02
Textual Amendment: By-law No. 93-30 of the Township of Ops is further
amended to add the following sections to Section 5.3:
5.3.8
Rural Residential Exception Eight (RR-8) Zone
a. Notwithstanding the permitted uses in subsection 5.1, on land zoned
RR-8, the housing of livestock is prohibited.
b. Notwithstanding subsection 5.2, on land zoned RR-8, the minimum side
yard setback for an accessory building shall be 0.55 m.
5.3.9
a.
1.03
Rural Residential Exception Nine (RR-9) Zone
Notwit hstanding subsection 5.2, on land zoned RR-9 , the minimum lot
frontage shall be 22 .4 m.
Schedule Amendment: Schedule 'A' to By-law No. 93-30 of the Township of
Ops is further amended to change the zone category from the Rural
Residential (RR) Zone to the Rural Residential Exception Eight (RR-8) Zone
and Rural Residential Exception Nine (RR-9) Zone for the land referred to as
'RR-8' and 'RR-9', as shown on Schedule 'A' attached to this By-law.
I Section 2:00 Effective Date
2.01
Effective Date: This By-law shall come into force and take effect on the date it
is finally passed, subject
21 to the provisions of Section 34 of the Planning Act.
By-law read a first, second and third time, and finally passed, this
Andy letham, Mayor
u
day of •••, 2016.
Judy Currins, City Clerk
22
THE CORPORATION OF THE CITY OF
KAWARTHA LAKES
THIS IS SCHEDULE 'A' TO BY-LAW _ _ _ _ PASSED
DAY OF
THIS
MAYOR._ _ __
_
_
2016.
CITY CLERK - - - - - -
Lot16
Highway #7
"'0
co
0
Lot 15
Lot 14
0::
Con. 7
Concession 6
'Geographic Township of Ops'
23
Time: 1:00 p.m.
Subject:
Ward 8 - Mariposa
An application to amend the Township of Mariposa Zoning By-law 94-07 to
rezone a portion of the land from Rural General (A 1) Zone to Rural General
Exception Thirty (A 1-30) Zone on property described as Part of Lots 2 & 3,
Cone. 8, geographic Township of Mariposa, City of Kawartha Lakes,
identified as 41 Stub Road and 150 Sun Valley Road (Robrook Farms Ltd.,
-Planning File 006-16-006).
Author/Title: David Harding, Planner I
Signature:
Recommendation(s):
RESOLVED THAT Report PLAN2016-009, respecting Part of Lots 2 & 3, Cone. 8,
geographic Township of Mariposa, Application 006-16-006, be received;
THAT a Zoning By-law Amendment respecting application 006-16-006, substantially in
the form attached as Appendix "C" to Report PLAN2016-009, be approved and adopted
by Council; and
THAT the Mayor and Clerk be authorized to execute any documents and agreements
required by the approval of this application.
Department Head:
24
Report #PLAN-2016-009
006-16-006 {ROBROOK FARMS LTD)
Page 2 of5
Background:
The owner has applied for and received provisional consent (Files 003-15-004 and
003-15-005) from the Committee of Adjustment, as delegated by Council, to sever a
two approximately 0.5 ha. residential lots each containing a single detached dwelling
and retain the remaining approximately 66 ha. of agricultural and environmental
protection land. The retained land will be consolidated with non-abutting agricultural
land. The dwelling is considered surplus to the farming operation. There are no
agricultural buildings or structures on the retained portion of the property. As a condition
of provisional consent, the subject land is to be rezoned to prohibit any residential use
on the retained agricultural land.
Owner:
Robrook Farms Limited
Applicant:
Robin PARISH
Legal Description: Part of Lots 2 & 3, Cone. B, geographic Township of Mariposa
Designation:
Prime Agricultural and Environmental Protection, City of Kawartha
Lakes Official Plan
Zone:
Agricultural (A 1) Zone and Environmental Protection Exception
Four (EP-4) Zone on Schedule 'A' of the Township of Mariposa
Zoning By-law No. 94-07
Lot Area:
Severed Lot 1-6,438 sq. m., Severed Lot 2-4,199 sq. m.,
Retained- 66 ha.
Site Servicing:
Residential- Private individual on-site sewage disposals and wells
Agricultural - Unserviced
Existing Uses:
Residential (to be severed), Agricultural/Forest/Wetland (to be
retained)
Adjacent Uses:
North, West:
South:
East:
Agricultural, Rural Residential, Nonquon River
Kingsbay (Golf Course, Residential)
Lake Scugog
Rationale:
The property is located bordered to the south by the Kingsbay neighbourhood, the north
by Sun Valley Road, west by Stub Road, and east by Lake Scugog (refer to Appendix
"A"). The subject property and the majority of the lands to the west and north are prime
agricultural land, which is to be protected and preserved from new residential
development or any other incompatible land use that may hinder existing or future
agricultural operations. Provisional consent was granted on November 6, 2015 to sever
the residential lots and retain the approximately 66 ha. farm parcel.
25
006-16-006 (ROBROOK FARMS LTD)
Page 3 of 5
This application conforms to the Growth Plan (GP). Section 4.2.2 indicates that
Ministers, in consultation with municipalities, are to develop additional policies for
protection of areas identified as prime agricultural land.
This application is consistent with the Provincial Policy Statement (PPS). Sections 2.3.1
and 2.3.3.2 provide that prime agricultural areas shall be protected for long term use,
and all types, sizes and intensities of agricultural uses and normal farm practices shall
be promoted and protected in accordance with provincial standards.
The application to rezone the proposed retained lands will protect the agricultural use of
the property and surrounding agricultural practices from incompatible residential use as
required by Section 2.3.4.1 (a) and 2.3.4.1 (c) 2. The proposed retained lot is of
sufficient area to operate an assortment of agricultural uses and the PPS encourages
the protection of all types and sizes of agricultural use.
Therefore, this application is consistent with the PPS.
The subject land is designated Prime Agricultural and Environmental Protection in the
City of Kawartha Lakes Official Plan (Official Plan). The Environmental Protection
designation is confined to and the area abutting Lake Scugog. No change is proposed
to the area within the Environmental Protection designation. Section 15.1 of the Official
Plan provides that agricultural land that is primarily class 1-3 shall be protected from
fragmentation, development and land uses unrelated to agriculture. One of the
objectives of the Official Plan is to support farming operations as an important
component of the economy, a source of employment and a way of life for many rural
residents.
This application proposes no change to the existing land uses, and the agricultural land
will be preserved and protected for future agricultural use.
The City, through its Official Plan, recognizes as generally desirable the consolidation of
farms wherever possible. The City also recognizes that the acquisition of abutting
agricultural lots in order to consolidate an existing farm operation may not be possible,
and has established criteria in accordance with provincial policy to recognize this
circumstance and protect the long term agricultural use of the land. One of the criteria is
that the agricultural land must be rezoned to prohibit any residential use.
Therefore, this application conforms to the policies of the Official Plan.
The majority of the land is zoned Agricultural (A 1) Zone and a smaller portion is zoned
Environmental Proection Exception Four (EP-4) Zone in the Town ship of Mariposa
Zoning By-law 94-07. The A 1 Zone provides that where a lot which does not exceed 1
26
Page 4 of 5
ha. in area is created by consent, the minimum lot frontage shall be 38 metres; the
minimum lot area shall be 2,800 square metres, and the lot must comply with all other
provisions of the Rural Residential Type One (RR1) Zone. The lots to be created
comply with all requirements of the RR1 Zone.
Although not requested by the applicant, staff is recommending that the interior side
yard setback be decreased to 1.4 m. to recognize an agricultural building's proximity to
a proposed lot line. The lot line will be created once the residential lot fronting on Sun
Valley Road is severed. The reduced setback would only apply to the storage building
that exists on the date the by-law is passed. Any new agricultural buildings on the
retained lot would comply with the A1 Zone setbacks. With the added provision, the lot
to be retained and the building upon it will meet the requirements of the A 1 and EP-4
Zones. The purpose of the zoning by-law amendment is to prohibit residential use on
the retained property and maintain the agricultural use of the land to comply with
provincial and municipal policy. The application complies with all other relevant
provisions of the Zoning By-law.
No other alternatives have been considered .
There are no financial considerations unless council's decision to adopt or its refusal to
adopt the requested amendment is appealed to the Ontario Municipal Board. In the
event of an appeal, there would be costs, some of which may be recovered from the
applicant.
Relationship of Recommendation(s) To Strategy Map:
The City's Strategy Map outlines Council's Vision of a Community Pursuing Prosperity,
Quality of Life and a Healthy Environment. This application aligns with the prosperity
priorities in that it provides opportunity to expand the economic base by maintaining and
expanding the agricultural employment base.
Servicing Comments:
The agricultural land is unserviced. The existing single detached dwelling on the land to
be severed is serviced by a private sanitary sewage disposal system and well.
Consultations:
Notice of this application was circulated to all land owners of record within a 500 metre
radius, agencies, and City Departments which may have an interest in the application.
The Building Division, Engineering and Assets Department, Community Services
Department, and Township of Scugog raised no issues as a result of circulation.
27
Page 5 of5
Development Services - Planning Division Comments:
The application conforms to the Growth Plan and is consistent with the Provincial Policy
Statement. The application also conforms to the policies of the Official Plan. The
rezoning will ensure the subject land is preserved for agricultural use. All other A 1 Zone
provisions will be maintained. The EP-4 Zone category on the retained land will not be
affected by the zoning by-law amendment.
Conclusion:
The application conforms to the provincial policies concerning prime agricultural areas.
The application also conforms to the Prime Agricultural designation policies in the City's
Official Plan. Staff support the application based on the information contained in this
report and the comments received as of January 29, 2016. Staff respectfully
recommends that the application be referred to Council for APPROVAL.
Attachments:
EJI ~
)..!
Appendix A to
PLAN2016-009.pdf
Appendix 'B' -Applicant Re-Zoning Sketch
---)..1-
Appendix B to
PLAN2016-009. pdf
Appendix 'C'- Draft Zoning By-law Amendment
J..i~
Appendix C to
PLAN2016-009.pdf
Phone:
705-324-9411 or 1-888-822-2225 ext. 1206
E-Mail:
dehard [email protected] lakes. on. ca
Department Head:
Chris Marshall
Department Fire:
006-16-006
28
APPENDIX "
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APPENDIX "___C..;,..__-~~
to
THE CORPORATION OF THE CITY OF KAWARTHA LAKESREPORT
BY-LAW 2016 •
FILENO.
r------------------------------------------------------,
A BY-LAW TO AMEND THE TOWNSHIP OF MARIPOSA ZONING BY-LAW NO. 94-07
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File 006-16-006, Report PLAN2016-009, respecting Part Lots 2 & 3, Cone. B,
identified as 150 Sun Valley Road and 41 Stub Road- ROBROOK FARMS LTD.]
Recitals:
1.
2.
relating to a specific parcel of land to prohibit residential use.
3.
A public meeting to solicit public input has been held.
4.
enacts this By-law 2016-_.
1.01
Property Affected: The Property affected by this by-law is described as
Concession B, Part of Lots 2 and 3, geographic Township of Mariposa, City of
Kawartha Lakes, 150 Sun Valley Road and 41 Stub Road.
1.02
Textual Amendment: By-law No. 94-07 of the Township of Mariposa is further
amended to add the following section to Section 8.3:
"8.3.30
1.03
AGRICULTURAL EXCEPTION THIRTY (A1-30) ZONE
8.3.30.1
Notwithstanding subsection 8.1.1, on land zoned "A1-30" a
dwelling shall not be a permitted use.
8.3.30.2
Notwithstanding subsection 8.2 .1.3 (b), on land zoned "A1-30"
an interior side yard setback of 1.4 m. Is permitted for the
agricultural storage building which existed at the date of passing
of this By-law."
Schedule Amendment: Schedule 'A' to By-law No. 94-07 of the Township of
Mariposa is further amended to change the zone category from Agricultural
(A 1) Zone to Agricultural Exception Thirty (A 1-30) Zone for the land referred to
as "A1-30", as shown on Schedule 'A' attached to this By-law.
2.01
is finally passed , subject to the provisions of Section 34 of the Planning Act.
By-law read a first, second and third time, and finally passed, this ** day of**", 2016.
Andy Letham, Mayor
31
- RAN 2~-,' :_oo~
Do6-t6~
KAWARTHA LAKES
THIS IS SCHEDULE 'A' TO BY-LAW _ _ _ _ PASSED
THIS
DAY OF
MAYOR ___________
1
.
2016.
CITY CLERK _ _ _ _ __
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Sun Valley Rd.
A1-30
Con B
'Kingsbay'
32
Time: 1:00 p.m.
Place; Council Chambers
Public Meeting
Ward Community Identifier: Ward 8 - Mariposa
Subject:
Official Plan Amendment (001-16-001) and Zoning By-law
Amendment (006-16-004) Applications to permit a reduced
agricultural lot size to facilitate a future consent for a lot addition
(boundary adjustment) to support the existing abattoir use with a
larger land area for animal husbandry practices and reduce the
interior setback for a drive shed to 6 metres on the property
described as Part N 1/2 Lot 1, Concession 10, RP 57R-9042 Parts
2 and 3, geographic Township of Mariposa, and municipally known
as 18619 Simcoe Street (2030044 ONTARIO INC., & DEVOS).
Author/Title: Mark LaHay, Planner II
Signature:
Recommendation(s ):
RESOLVED THAT Report PLAN2016-011, respecting Part N 1/2 Lot 1, Con. 10,
RP 57R-9042 Parts 2 and 3, geographic Township of Mariposa, "2030044
ONTARIO INC., & DEVOS -Applications 001-16-001 & 006-16-004", be
received; and
THAT the application respecting the proposed Amendments to the City of
Kawartha Lakes Official Plan and Township of Mariposa Zoning By-law, be
referred back to staff for further review and processing until such time that all
comments have been received from all circulated Agencies and City
Departments and that any comments and concerns have been addressed.
Department Head;
33
Report PLAN2016-0 11
001-16-001 & 006-16-004
(2030044 ONTARIO INC & DEVOS
Page 2 of 7
Background:
The applicant has submitted an application to amend the "Prime Agricultural"
designation lot area policies and the "Agricultural (A 1) Zone" category in order to
permit a reduced agricultural lot size to facilitate a future consent for a lot addition
(boundary adjustment) to support an existing abattoir use and establish a
minimum parcel size for each resultant lot. A new lot is not being created. The
proposed interior side yard setback to an existing drive shed will also be reduced
to 6 metres. The effect of the applications would permit the existing property
containing the abattoir use to be supported by a larger land area for animal
husbandry practices.
Owners:
John, Paul and Fern Devos and 2030044 Ontario Inc.
Applicant:
Planscape Inc., c/o Dan Stone
Legal Description: Part N 1/2 Lot 1, Concession 10, RP 5 ?R-9042 Parts 2 and
3, geographic Township of Mariposa
Designation:
Prime Agricultural, City of Kawartha Lakes Official Plan
Zone:
Agricultural Exception Twenty Three (A1-23) Zone and Rural
General Exception Three (A2-3) on Schedule 'A' of the
Township of Mariposa Zoning By-law No. 94-07
Lot Area:
11.7 ha. (29 ac.) [severed]; 25.3 ha. (62.6 ac.) {retained];
1.5 ha. (3.8 ac.) [benefitting lands]
Site Servicing:
Private individual on-site sewage disposal and well on
benefitting lands; No servicing on severed or retained lands
Existing Uses:
Agricultural (retained) I Agricultural (severed) I Abattoir and
residential dwelling (benefitting lands)
Adjacent Uses:
North and East:
South and West:
Agricultural
Agricultural
The owner of Manilla Meats (2030044 Ontario Inc.) has operated the provincially
inspected abattoir for over 10 years. The abattoir has been part of the business
community for over 50 years. To evolve its business practices from being
focused on the slaughter and processing of domestic livestock to fulfill the
growing demand for locally produced organic, healthy, ethically and responsibly
sourced meat products, the owner wishes to expand its operations by offering a
new meat product line offering local Ontario veal and lamb raised on the adjacent
pastures, which it intends to showcase so that customers will have the
opportunity to experience the entire food production cycle. To achieve this goal
requires a lot line adjustment, which will result in the addition of approximately 30
acres of agricultural land to the existing commercial/residential lot containing the
abattoir use to have the property capacity necessary to pasture livestock.
34
Report PLAN2016-011
001-16-001 & 006-16-004
Page 3 of7
Rationale:
The property is located on the east side of Simcoe Street between Skyline Road
and Quaker Road, approximately 2km north of the hamlet of Manilla. The
applicant proposes to consolidate approximately 11.7 ha. (29 ac.) of agricultural
land with the abutting 1.5 ha. (3.81 ac.) parcel to support the existing abattoir
operation with land for pasture. While the Official Plan (OP) designation permits
lot line boundary adjustments and the current zoning permits the proposed
agricultural use, the proposed severed and retained lots do not comply with the
minimum lot area required by the OP designation or the Agricultural (A 1) Zone.
An OP amendment and Zoning By-law amendment are necessary for the
severed (to be added to the benefitting lands) and retained lots, as they will not
comply with the respective OP designation or Zone requirements for minimum lot
area. The east interior side setback for the drive shed will also be reduced to 6
m. on the proposed newly configured parcel containing the abattoir.
The applicant has submitted the following reports and plans in support of the
application, which have been circulated to various City Departments and
commenting Agencies for review.
1.
Planning Justification and Agricultural Impact Assessment Report
prepared by Planscape Inc., dated October, 2015. The report
discusses and assesses the proposal in context of the 2014 Provincial
Policy Statement, Growth Plan, and the Council adopted City of
Kawartha Lakes Official Plan.
2.
Survey Sketch for Severance prepared by Coe, Fisher, Cameron,
OLS, dated January 20, 2014.
3.
Proposed Agricultural Lot Addition Sketch prepared by Planscape Inc.,
dated May 26, 2014.
A Business Plan proposal prepared by Wahab Zamanifar, Business
Development Officer, Manilla Meats (2030044 Ontario Inc.) dated April 2013 was
also submitted as background in support of the applications.
Staff has reviewed the Planning Justification and Agricultural Impact Assessment
Report in support of the official plan and zoning by-law amendments. Staff
generally accepts the planning rationale given but cannot fully determine the
appropriateness of the proposal at this time as responses from other City
Departments and commenting Agencies have not been received. Staff
recommends that the applications be referred back to staff until such time as
commenting Agencies and/or City Departments have submitted comments, and
any concerns have been addressed, and to permit discussions with the applicant
respecting conformity to applicable policies.
35
Report PLAN20 16-011
001-16-001 & 006-16-004
{2030044 ONTARIO INC & DEVOS
Page 4 of7
The Growth Plan guides land-use planning decisions including resource
protection in the interest of promoting economic prosperity. The Growth Plan
directs development to settlement areas except development related to the
management or use of resources, resource based recreational activities and rural
land uses that cannot be located within settlement areas. The proposed use
supports resource based uses while the business located on the subject
benefitting land provides support to the agricultural sector.
Therefore, these applications conform to the policies of the Growth Plan (GP).
The Provincial Policy Statement (PPS) provides for appropriate development
while protecting resources of provincial interest, public health and safety, and the
quality of the natural environment. Sections 2.3.1 through 2.3.3.2 protect prime
agricultural areas for long-term agricultural use and permit agricultural uses,
agriculture-related uses and on-farm diversified uses. All types, sizes and
intensities of agricultural uses and normal farm practices shall be promoted and
protected.
Section 2.3.4 of the PPS provides policy on Lot Creation and Lot Adjustments.
Lot adjustments are permitted in prime agricultural areas for legal and technical
reasons. A new lot is not being created, only a boundary adjustment.
The proposed application adds agricultural land to an existing abattoir operation,
which is considered an agriculture-related use under the PPS and no land is
being taken out of the prime agricultural designation. The additional land will
support and enhance the existing abattoir operation through animal husbandry
practices. The remaining farm parcel will continue to be used for agricultural
purposes and the resulting reduced land parcel size would not be incompatible
with the range of farm parcel sizes located in the area. The application to amend
the zoning on the proposed severed and retained lands will continue to protect
the agricultural use of the property and surrounding agricultural practices from
incompatible residential use.
Therefore, these applications are consistent with the PPS.
Lake Simcoe Protection Plan (2009):
The subject lands are located within the watershed of Lake Simcoe. The
proposed applications do not appear to conflict with the applicable sections that
were reviewed. The proposed lot addition (boundary adjustment) does not
create a new lot, and as a result, does not constitute development, and there will
be a continuation of existing uses and agricultural activities. A natural buffer has
36
Report PLAN2016-011
001-16-001 & 006-16-004
Page 5 of7
been established adjacent to a small watercourse at the northeast corner of the
remaining farm parcel and will be maintained by the farm operator, while the
existing limits of cultivation within the required 30 m buffer would be permitted to
continue.
The subject land is designated "Prime Agricultural" in the City's Official Plan
{OP). The OP provides that agricultural and agricultural related, including agribusiness uses are permitted within this designation. An abattoir is considered an
"agri-business" use by definition in the OP. For new agricultural lots to be
created, they shall be sufficiently large to maintain flexibility for future changes in
the type of agricultural operation and have a minimum lot size of 40 ha.
Section 15.3. 7 of the OP permits a severance for a minor lot line adjustment
provided it does not create a separate building lot that would otherwise require
an amendment to the Plan. A separate lot is not being created; however, the
proposed boundary adjustment supports the goals and objectives of the OP by
providing economic opportunities through secondary uses and supporting
farming operations as an important component of the economy. Under Section
33.3.7, consents which have the effect of changing boundary lines and which do
not create additional lots, should be evaluated on their own merits. The
application proposes a Special Policy for the proposed severed and retained lot
respectively to recognize the reduced minimum lot area for each lot.
The subject land is zoned "Agricultural Exception Twenty Three (A1-23) Zone" in
the Township of Mariposa Zoning By-law 94-07. The Zoning By-law normally
requires a minimum lot area of 38 ha. in the Agricultural (A 1) Zone. The
Agricultural Exception Twenty Three (A1-23) Zone permitted a minimum lot area
of 37 ha. as a result of a previous severance. The benefitting land containing the
existing dwelling and abattoir use is zoned Rural General Exception Three (A23), which permits the existing uses while recognizing reduced lot area and
frontage. The applicant has submitted a Zoning By-law Amendment application
for consideration. The application proposes an exception zone category for the
proposed severed and retained lot respectively to recognize a reduced minimum
lot area for each agricultural lot, to implement the proposed Official Plan
Amendment.
37
Report PLAN2016-011
001-16-001 & 006-16-004
Page 6 of7
There are no financial considerations unless Council's decision to adopt or its
refusal to adopt the requested amendment(s) is appealed to the Ontario
Municipal Board. In the event of an appeal, there would be costs, some of which
may be recovered from the applicant.
Relationship of Recommendation(s) To Strategy Map:
These applications align with the Prosperity Priorities in that they encourage and
support farming operations and related businesses by providing opportunity to
maintain and expand the agricultural employment base.
Policy:
Servicing Comments:
The vacant land to be severed and retained is not serviced and the existing and
proposed zoning does not permit a residential use. The existing single detached
dwelling on the benefitting land containing the abattoir use is serviced by a
private sanitary sewage disposal system and individual well.
Consultations:
Notice of this application was circulated to persons within a 500 metre radius,
agencies, and City Departments which may have an interest in the application.
To date we have received the following comments:
The Building Division advised on January 15, 2016 that spatial separation
considerations of the Ontario Building Code (OBC) would limit the area of the
existing building face at 1Om2 with no construction requirements to upgrade the
east building face, given the proposed 6m setback. As no building information is
supplied, we would anticipate there will be a permit required to apply a fire
resistance rating the existing structure.
The Building Division- Sewage System Program advised on January 18,2016
that it has no objection to these applications, as the sewage disposal system
38
Report PLAN2016-011
001-16-001 & 006-16-004
Page 7 of7
serving the abattoir will be wholly contained within the boundaries proposed and
adequate space will be available for a replacement system. In addition, the lot to
be retained will be used for agricultural purposes. It is currently farmland with no
structures.
The Public Works Department advised on January 19, 2016 that it has no
concerns with respect to the applications.
The appropriate background studies have been submitted to support the
applications for official plan and zoning by-law amendment. These reports and
background studies have been circulated to the appropriate Agencies and City
Departments for review and comment. At this time, comments have not been
received from all circulated Agencies and City Departments. Staff recommends
that the applications be referred back to staff until such time as all comments
have been received from all circulated Agencies and City Departments and that
any comments and concerns have been addressed.
Conclusion:
In consideration of the comments and issues contained in this report, Staff
respectfully recommends that the proposed Official Plan Amendment and Zoning
By-law Amendment applications be referred back to staff for further review and
processing until such time as all comments have been received from all
circulated Agencies and City Departments and that any comments and concerns
have been addressed.
Attachments:
Appendix 'A'. pdf
Appendix
Appendix
Appendix
Appendix
Appendix 'B'.pdf
Appendix 'C'.pdf
Appendix 'D'.pdf
'A' - Location Map
'B'- Sketch for Proposed Lot Addition (Boundary Adjustment)
'C'- Aerial Photo
'D'- Draft Official Plan Amendment
Phone:
705-324-9411 or 1-888-822-2225 ext. 1324
E-Mail:
[email protected]. on.ca
Department Head:
Department File:
001-16-001 & 006-16-004
39
Geographic Township of Mariposa
E
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41
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is for reference only Data layers that appear on this map may o r may not be
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T HIS MAP IS NOT TO BE USED FOR LEGAL PUPOSES
42
City of Kawartha l akes
Schedule "A" to By-law No. 2015- _of The Corporation of
The City of Kawartha Lakes
APPENDIX"_-""'
0___
to
AMENDMENT NO. XX TO THE CITY OF KAWARTHA LAKES OFFICIAL PLANREPORT
PART A- THE PREAMBLE
FILE NO.
A.
PURPOSE
The purpose of the official plan amendment is to provide for a lot addition
through the consent to sever and convey process. The lot addition will add
pasture lands to support the continued operation of a permitted abattoir use and
create a reminder agricultural parcel.
B.
LOCATION
The subject lands are situated in the Township of Mariposa north of the Village
of Manilla. The property is legally described as Part of Lot 1, Concession 10,
geographic Township of Mariposa, now City of Kawartha Lakes.
C.
BASIS
The proposed policy change on the subject lands will facilitate a lot addition to
add agricultural pasture land to an existing abattoir operation which has been
operating since the 1940's and has been recognized and permitted through a
site-specific Zoning By-law and the Official Plan definition for "agri-business".
The lot addition will result in the abattoir use operating on a parcel of 13.2 ha and
a remnant farm parcel of 25.3 ha which will continue to be zoned and operated
for agricultural uses. A site specific exemption to the Lot Area requirement of the
Official Plan is necessary to permit the lot addition for agricultural uses. The
Official Plan Amendment does not result in the creation of any new lots and no
development will be created.
PART B - THE AMENDMENT
D.
INTRODUCTORY STATEMENT
All of this part of the document entitled Part B - The Amendment. consisting of
the following text constitutes Amendment No. XX to the City of Kawartha Lakes
Official Plan.
E.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Kawartha Lakes is amended as follows:
1.
Section 18 is hereby amended by adding the following policy In
subsection 18.XX.YY.ZZ:
"18. 10.2
F.
Notwithstanding Section 15.3.3 b) of this Plan, for the lands
described as Part of the Northeast Half of Lot 1, Concession
10 (former Mariposa), a boundary adjustment may be
permitted to provide for the addition of agricultural land to an
existing abattoir use provided that no new lot is created, the
remnant farm parcel has a minimum parcel size not less
than 25 ha, and, uses permitted thereon are limited to
agricultural activities permitted in the Zoning By-law"
IMPLEMENTATION AND INTERPRETATION
The implementation and interpretation of this amendment shall b e in accordance
with the relevant policies of the Official Plan and the provisions of the Zoning Bylaw.
43
.Pljll[\l~Dl6-D l/
f)o 1- I b·-ool
.oat,lb ..OD'f
Time: 1:00 p.m.
Place: Council Chamber
Subject:
Ward 6 - Fenelon
An application to amend the Township of Fenelon Zoning By-law to
rezone a portion of the land from Environmental Protection {EP)
Zone to Agricultural Exception Nineteen (A1-19) Zone on a vacant
lot described as Part of Lot 21, Cone. 7, geographic Township of
Fenelon, City of Kawartha Lakes, 896 Country Lane (MITOV- File
006-15-021 ).
Author/Title: lan Walker, Planner II
Signature:
Recommendations:
RESOLVED THAT Report PLAN2016-007, respecting "MITOV- Application
006-15-021 ", be received;
THAT a Zoning By-law Amendment respecting application 006-15-021,
substantially in the form attached as Appendix 'E' to Report PLAN2016-007, be
approved and adopted by Council; and
THAT the Mayor and Clerk be authorized to execute any documents and
agreements required by the approval of this application.
Department Head:
44
Report PLAN2016-007
006-15-021 (MITOV)
Page 2 of?
Background:
The statutory public meeting was held by the Planning Committee on December
2, 2015 and the following resolution was passed:
Moved by Mayor Letham, seconded by Councillor Yeo,
RECOMMEND THAT Report PLAN2015-098, respecting MITOV •
Application 006-15-021, be received; and
THAT the application respecting Application 006-15-021 be referred back to
staff for further review and processing until such time that all comments have
been received from all circulated Agencies and City Departments and that
any comments and concerns have been addressed.
CARRIED PC2015-062
This report addresses that direction.
The proposal is to facilitate the construction of a new detached dwelling on an
existing lot of record. The applicant proposes to rezone an approximately 0.9 ha.
portion of the vacant lot to allow the detached dwelling. Approximately 5 ha. of
the southeast corner of the property is zoned Agricultural (A1 ) Zone, but does not
have access to an improved public street. As such, the owners are seeking to
permit the use at an alternate site on the lot.
Owners:
Valeri and Roumiana Mitov
Applicant:
EcoVue Consulting Services Inc., Kent Randall
Legal Description: Part of Lot 21, Cone. 7, geographic Township of Fenelon
Designation:
Prime Agricultural and Environmental Protection, City of
Kawartha Lakes Official Plan
Zone:
Agricultural (A 1 ) Zone and Environmental Protection (EP)
Zone on Schedule 'A', Township of Fenelon Zoning By-law
No. 12-95
Lot Area:
43 ha. [1 00.0 ac.- MPAC]
Site Servicing:
Unserviced
Existing Uses:
Vacant Land
Adjacent Uses:
North, East:
South:
West:
Forest/Wetland, Agricultural
Forest/Wetland
Country Lane, Forest/Wetland
45
Report PLAN2016-007
006-15-021 (MITOV)
Page 3 of7
Rationale:
On January 26, 2016, the applicant submitted a revised sketch, prepared by
EcoVue Consulting Services Inc. The revised sketch proposes to rezone only
the portion of the lot for a proposed detached dwelling and accessory uses. The
original sketch included two (2) additional portions of the lot to be rezoned. The
subject lot is located on the east side of Country Lane, northeast of Cameron.
The subject land is approximately 43 ha., and the area of land proposed to be
zoned to permit the development is approximately 0.9 ha. The proposed
development will be serviced by a private individual well and septic system, see
Appendix "B" attached.
While the Prime Agricultural designation in the Official Plan (OP) permits single
detached dwellings, the portion of the lot identified for the proposed residential
use is zoned Environmental Protection (EP) Zone, which does not permit
residential uses. A Zoning By-law amendment is necessary to permit the use on
this portion of the lot.
This application conforms to the Growth Plan (GP). Section 2.2.9.2 allows that
development may be permitted in rural areas in accordance with Section
2.2.2.1(i), which directs development to settlement areas, except where related
to the management or use of resources, resource-based recreational activities,
and rural land uses that cannot be located in settlement areas. This is an
existing lot of record in the rural area, which cannot be located in a settlement
area.
The proposed use is a detached dwelling, therefore, this application does not
conflict with the GP.
Section 1.1 .5.2 provides that in rural areas, permitted uses and activities shall
relate to the management or use of resources, resource-based recreational uses,
limited residential development, and other rural land uses. Section 1.1.5.4
provides that development that is compatible with the rural landscape, and can
be sustained by rural service levels should be promoted. Section 1.1.5.7
provides that agricultural and other resource-related uses should be promoted
and protected, and non-related development should be directed to areas where it
will minimize constraints on these uses.
A Scoped Environmental Impact Study (EIS), prepared by Snider's Ecological
Services (June 2015) has been submitted. This report has been reviewed by
Kawartha Region Conservation Authority (KRCA) in accordance with the PPS
and the City's Official Plan. Section 2.1.8 of the PPS prohibits development and
site alteration on adjacent lands to the natural heritage features identified in
46
Report PLAN2016-007
006-15-021 {MITOV}
Page 4 of7
Sections 2.1.4 through 2.1.6, unless the ecological function of the adjacent lands
have been evaluated, and it has been demonstrated there will be no negative
impacts on the natural features or their ecological functions. The EIS has
confirmed no negative impacts for the proposed 0.9 ha. portion of the lot to be
rezoned to permit a detached dwelling. As the EIS did not fully evaluate the
other two proposed areas outside of the PSW, the applicant has revised the
application to remove two (2) of the three (3) areas from the application.
On this basis, the application conforms to the policies of the PPS.
The lot is designated Prime Agricultural and Environmental Protection in the
City's Official Plan (OP). Section 15.1 of the Official Plan provides that
agricultural land that is primarily Class 1-3 shall be protected from fragmentation,
development and land uses unrelated to agriculture. The establishment of a
residential area outside of the Provincially Significant Wetland (PSW) protects
the potential for agricultural use on the southeastern portion of the property.
Section 17.3.5 of the OP states "Where detailed flood plain or wetland mapping
exists or becomes available, the boundaries of the Environmental Protection
designation may be interpreted as corresponding to the limits of the flood plain or
wetland.". On this basis, the boundary of the Environmental Protection
designation mirrors the boundary of the PSW. Section 17.3.4 of the OP provides
if it is found through an evaluation that the boundary is in error and the land is not
subject to flooding or other physical hazard, then an alternate use permitted in
the abutting land use designation may be considered and the land appropriately
zoned.
This application proposes no change to the existing agricultural land uses or to
the area designated Environmental Protection.
Therefore, this application conforms to the policies of the OP.
The lot is zoned Agricultural (A 1) Zone and Environmental Protection (EP) Zone
in the Township of Fenelon Zoning By-law. The portion of the lot identified to be
rezoned is zoned EP and residential uses are not permitted. The applicant has
submitted an EIS, which confirms that the proposed residential use will not
negatively impact the natural heritage features and functions which are protected
by the EP Zone.
The minimum lot area required for the Agricultural (A 1) Zone is 25 ha. The
portion of the property to be rezoned is approximately 0.9 ha. Section 3.13 of the
By-law provides that when a lot is located within two or more zones, the
provisions of the applicable zone apply to each portion of the lot, save and
except lot frontage and lot area. The applicant proposes a site specific
Agricultural Exception (A1-**) Zone to permit a detached dwelling.
47
Report PLAN2016-007
006-15-021 (MITOV)
Page 5 of7
As noted above, the EIS has been submitted and reviewed by KRCA, in
accordance with the Natural Heritage and Hazard policies of the PPS. The EIS
has delineated the wetland boundaries and other natural heritage features,
based on field verification, and recommends that the rezoning of the area from
the EP Zone to an A 1 Zone for a detached dwelling will not result in a negative
impact to the natural features. The application complies with all other relevant
provisions of the Zoning By-law.
There are no financial considerations unless council's decision to adopt or its
refusal to adopt the requested amendment is appealed to the Ontario Municipal
Board. In the event of an appeal, there would be costs, some of which may be
recovered from the applicant.
Relationship of Recommendations To Strategy Map:
This application aligns with all three (3) priorities: it attracts new residents,
provides recreational opportunities, and provides for balanced and healthy
natural systems.
Policy:
Servicing Comments:
The lot is unserviced. The proposed single detached dwelling will be serviced by
a private sanitary sewage disposal system and individual well. In accordance
with Section 1.6.6.4 of the PPS, individual services may be used provided that
site conditions are suitable for the long-term provision of such services with no
negative impact.
48
Report PLAN2016-007
006-15-021 (MITOV)
Page 6 of 7
Consultations:
Notice of this application was circulated to landowners within a 500 metre radius,
plan~review agencies, and City Departments which may have an interest in the
application. To date we have received the following comments:
The Building Division stated on November 9, 2015 that it has no concerns with
respect to the application.
The Engineering Division stated on November 23, 2015 that it has no comments
or concerns with respect to the application.
The Public Works- Water and Wastewater Division stated on November 24,
2015 that it has no comments with respect to the application.
The Ministry of Natural Resources and Forestry (MNRF) stated on November 24,
2015 that a site-specific update had been completed to the Cameron Lake No. 6
Provincially Significant Wetland (PSW) Complex, and provided a copy of the
updated wetland mapping.
Hiawatha First Nation stated on November 25, 2015 that it has no concerns with
respect to the application, but has requested to be notified if any further
developments occur.
Kawartha Region Conservation Authority stated on January 18, 2016 that the
scoped Environmental Impact Study (EIS) has addressed any concerns relating
to the proposed building site, but has not adequately evaluated the natural
heritage impacts on the two sites to the north of the proposed building site.
The Building Division stated on January 26, 2016 that it has no objection to this
application, as the proposed on-site sewage disposal system has been
accommodated within the proposed rezoning envelope.
The appropriate background studies in support of the zoning by-law amendment
application have been submitted and support the proposed change of land use.
The application conforms to the Growth Plan and is consistent with the 2014
Provincial Policy Statement. The application also conforms to the policies of the
Official Plan. The rezoning will ensure the subject land complies with the Zoning
By-law. All other zoning provisions within the Agricultural Zone will be
maintained.
Conclusion:
The application conforms to the provincial policies concerning rural lands. The
application also conforms to the Prime Agricultural designation and policies of the
City's Official Plan. Staff support the application based on the information
49
Report PLAN2016-007
006-15-021 (MITOV)
Page 7 of 7
contained in this report and the comments received as of January 25, 2015.
Staff respectfully recommends that the application be referred to Council for
APPROVAL.
Attachments:
-,:
PLAN2016-007
Appendix A. pdf
Appendix 'B'- Revised Sketch for Zoning Amendment- dated January 26, 2016
-,:
PLAN2016-007
Appendix 6. pdf
Appendix 'C' -Aerial Photo
-,:
PLAN2016-007
Appendix C. pdf
Appendix 'D'- MNRF Revised PSW Mapping- dated September 14, 2015
-,.:
PLAN2016-007
Appendix D. pdf
Appendix 'E'- Draft Zoning By-law Amendment
-,:
PLAN2016-007
Appendix E.pdf
Phone:
705-324-9411 ext. 1368 or 1-888-822-2225 ext. 1368
E-Mail:
[email protected]. ca
Department Head:
Department File:
D06-15-021
50
Geographic Township of Fenelon
APPENDIX
n
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Coneeptuel P1en I Zoning Sketch
52
Country Lane, geographic Township of Fenelon
Road Centreline
Property ROU#
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This map is a user generated static output from an Internet mapping site and
is for reference onl y Dala layers tt\at lll)pear o n this map may or may not be
accurate, current, or otherwise reliable
THIS MAP IS NOT TO BE USED FOR LEGAL PUPOSES
53
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THE CORPORATION OF THE CITY OF KAWARTHA LAKES
£_. __
APPENDIX _"_ _
BY-LAW 2016 •
to
A BY-LAW TO AMEND THE TOWNSHIP OF FENELON ZONING BY-LAW NO. 12-95
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File 006-15-021 . Report PLAN2016-007, respecting Part of Lot 21 , Concession 7,
geographic Township of Fenelon, identified as 896 Country Lane- MITOV.]
Recitals:
1.
2.
relating to a specific parcel of land to permit the construction of a new detached
dwelling on a portion of the subject land.
3.
A public meeting to solicit public input has been held .
4.
enacts this By-law 2016-_ .
Property Affected: The Property affected by this by-law is described as Part of Lot
21 , Concession 7, geographic Township of Fenelon. City of Kawartha Lakes.
1.02
Textual Amendment: By-law No. 12-95 of the Township of Fenelon is further
amended to add the following section to Section 8.3:
8.3.19
AGRICULTURAL EXCEPTION NINETEEN (A1-19) ZONE
Notwithstanding the permitted uses in Subsection 8.1.1, on land
zoned "A1-19", the only permitted use shall be a single
detached dwelling and accessory uses.
1.03 Schedule Amendment: Schedule 'A' to By-law No. 12-95 of the Township of
Fenelon is furth er amended to change the zone category from the Environmental
Protection (EP) Zone to the Agricultural Exception Nineteen (A1-19) Zone for the land
referred to as 'A1-19', as shown on Schedule 'A' attached to this By-law.
2.01
is finally passed, subject to the provisions of Section 34 of the Planning Act.
By-law read a first, second and third time, and finally passed , this"* day of""*, 20 16.
Andy Letham, Mayor
55
REPOR T
PL.AtJ'2ol6 -o~l?
FILE NO. Do6 - \S - 0~ \
KAWARTHA LAKES
THIS IS SCHEDULE 'A' TO BY-LAW
THIS _
PASSED
_ DAY OF _ _ _ _ 2016.
MAYOR _ _ _ __
CITY CLERK _ _ _ __
I
II
Geographic Township of Fenelon
Lot22
Bear Rd
Q)
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ro
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c
-----;A1-19
::s
0
()
(unopened road allowance)
Lot 20
Con. 6
Concession56 7
Lot 21

Agenda Package - PLANNING COMMITTEE_Feb10_2016

Transcription

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