Committee of Adjustment AGENDA

Transcription

1 Township of North Dumfries Committee of Adjustment Meeting Monday, December 5, :00p.m. NDCC - Dumfries Room Committee of Adjustment AGENDA AGENDA ITEM 1. CALLING TO ORDER - Chair Foxton 2. ACCEPTANCE OF AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST(S) AND THE GENERAL NATURE THEREOF 4. MINUTES a) Committee of Adjustment Meeting Minutes dated November 14, APPLICATION A-11/16 OWNERS/APPLICANT Ayr Meadows Development 180 Northumberland, Ayr LOCATION OF THE SUBJECT LAND The subject property is located on the west side of Northumberland Street, south of St. Brigid School, and immediately north of the CP Rail Line in the geographic Township of North Dumfries. The property is municipally addressed 180 Northumberland Street, Ayr. PURPOSE AND EFFECT OF THE APPLICATION The subject lands are the site of the Ayr Meadows Development consisting of townhouses, two apartment buildings, and a small-scale commercial retail plaza. A Zoning By-law Amendment with Special Exemption (File No. ZC- 15/14, Bylaw Number ) was approved to permit a mix of housing types and commercial uses. Exemption provides specific criteria for the development including a total maximum unit count for two apartments of 48 units (24 units in each apartment). The applicant is now proposing to increase the total number of units to 62 units (31 units each of the two apartments). The footprint and height of the apartment buildings will not change, only the number of units internal to each apartment building. Page 1 of 3

2 Committee of Adjustment Meeting Monday, December 5, SECRETARY TREASURER AGENDA ITEM Notices were mailed to property owners within 120 metres of the subject property as well as the applicable agencies and posted on the subject property on November 16, PRESENTATIONS a) PD Report No Minor Variance Application - Ayr Meadows Development, 180 Northumberland Street, Ayr- Township of North Dumfries (File No. A-11/16) 8. CORRESPONDENCE FOR COMMITTEE'S REVIEW Public Correspondence: As of the date of preparing this Committee of Adjustment Meeting Agenda for this meeting no correspondence has been received from members of the Public. Agency Correspondence: As of the date of preparing this Report for inclusion in the December 5th, 2016 Committee of Adjustment Meeting Agenda, the following comments have been received from circulated Township staff and other government agencies: i) Region of Waterloo - No Comments - Requested Notice of Decision 9. REQUEST FOR NOTICE OF DECISION Persons wishing to be notified of the decision must submit a written request to the Secretary-Treasurer Lori Heinbuch. 10. CHAIR OPENS FLOOR FOR ANY COMMENTS/QUESTIONS Are there any persons present who wish to make oral and/or written submission in support of the proposed minor variance? Are there any persons present who wish to make oral and/or written submission against this application? Page 2 of 3

3 Committee of Adjustment Meeting Monday, December 5, COMMENTS/QUESTIONS FROM THE COMMITTEE 12.DECISION OF COMMITTEE The Committee of Adjustment of the Corporation of the Township of North Dumfries has considered all written and oral submissions received on this application, the effect of which has assisted the Committee to make an informed decision on this planning matter. 19. ADJOURNMENT L. Heinbuch, Secretary-Treasurer Committee of Adjustment Page 3 of 3

4 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November 14, 2016 Page 1 of 14 MINUTES Convened at 7:00pm. S. Foxton was in the Chair. Members D. Ostner, R. Rolleman and G. Taylor were also present. Regrets Member Ritchie Staff Present: Lori Heinbuch, Clerk, Secretary-Treasurer C. of A. Michelle Schaefle, Planner 1. CALLING TO ORDER Chair Foxton called the meeting to order 2. APPROVAL OF THE AGENDA CoA Moved by Member Ostner Seconded by Member Taylor THAT Committee adopt the November 14, 2016 Committee of Adjustment agenda as presented. Carried 3. DISCLOSURE OF PECUNIARY INTEREST/GENERAL NATURE THEREOF -None reported. 4. MINUTES a) Committee of Adjustment Meeting Minutes dated October 24, 2016 CoA Moved by Member Taylor Seconded by Member Ostner THAT the Committee of Adjustment Minutes dated October 24, 2016 be approved and signed by the Chair and Secretary-Treasurer. Carried

5 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November14,2016 Page 2 of APPLICATION B-02/16 OWNERS/APPLICANT Evan Snider 2517 Fischer Hallman Road, Township of North Dumfries LOCATION OF THE SUBJECT LAND The subject lands are located on the west side of Fischer-Hallman Road, in the geographic Township of North Dumfries, north of the village of Roseville. The property is municipally addressed 2517 Fischer Hallman Road, Township of North Dumfries. PURPOSE AND EFFECT OF THE APPLICATION The Applicant is proposing to sever off the existing heritage dwelling, buildings and structures from the larger vacant agricultural lands. The retained lands with the existing dwellings would have a lot frontage of approximately 113 m (370ft.), a depth of 213 m (700ft.), and an area of 2 hectares (5 acres). The severed parcel would have an approximate frontage of 283m (930ft.), and an area of 37 hectares (92 acres). 6. SECRETARY TREASURER Notices were mailed to property owners within 120 metres of the subject property as well as the applicable agencies and posted on the subject property on October 31, PRESENTATIONS a) PD Report No Consent Application- Evan Snider, 2517 Fischer Hallman Road, Township of North Dumfries (File No. B-02/16) Michelle Schaefle, Planner reviewed her report for Committee, presenting an overview of the application: She advised that the purpose of this Public Meeting is to solicit comments on the proposed Consent application as filed by the Applicant, Evan Snider. The subject lands have a civic address of 2517 Fischer Hallman Road, located on the West side of Fischer Hallman Road, North of the Village or Roseville.

6 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC - Dumfries Room Monday, November 14, 2016 Page 3 of 14 Overview: Road Frontage: 396m (1300 ft.) Area: 39 hectares (97 acres) Existing structures on site include: - Single detached dwelling, designated as a heritage building under the Ontario Heritage Act - Large outdoor storage area with roof - Masters 'N Hounds Pet Food and Supply Store - Indoor Livestock Facility with about 800 pigs and 100 chickens - Liquid manure storage facility consisting of below ground uncovered tank - Servicing: Private water and septic services Surrounding land uses: Agriculture As part of her presentation the Planner provided photographs of the historical dwelling, pet food store and Indoor Livestock and Manure Facility, together with an aerial view of the subject property showing the proposed retained and severed parcels. Proposed: Sever the existing buildings from the larger agricultural lands: - Retained Parcel (existing buildings): 2 hectares (5 acres) Existing uses to continue - Severed Parcel (vacant): 37 hectares (92 acres) She further advised with respect to the Planning Act- Consent Criterion Sections 51 (24) of the Planning Act The following must be considered in assessing the merits of the Consent: (a) (b) (c) (d) (f) the effect of development on matters of provincial interest whether the development is premature or in the public interest whether the development conforms to the official plan the suitability of the land for the purposes for which the lands are to be severed the dimensions and shapes of the proposed lots Decisions issued by the council of a municipality, a local board, commission or agency of the government shall be consistent with the Provincial Policy Statement (PPS) Lands are designated as Prime Agricultural in the Regional and Township Official Plan

7 2014 Provincial Policy Statement Agricultural Policies: Towns hip of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November 14, 2016 Prime agricultural areas shall be protected for the long-term use Lot creation in prime agricultural areas is discouraged Page 4 of 14 Lot creation may only be considered for: - Agricultural uses provided lots are of an appropriate size to maintain flexibility for future changes in type and size of agricultural operations - A residence surplus to a farming operation as a result of farm consolidation (acquisition of additional farm parcels to be operated as one operation; does not include creation of a new lot) Assessment: The creation of a new lot of 2 hectares (5 acres) would result in fragmentation of prime agricultural lands and the establishment of a non-farm residence Therefore, it is the opinion of staff that the proposed severance is not consistent with the PPS in terms of preserving prime agricultural areas Regional Official Plan Comments provided by the Region of Waterloo: Designated as Prime Agricultural Area Northern portion of property is designated as Protected Countryside - Primary activities permitted include farming, on-farm business activities, and farm related non-residential uses Regional Policies are consistent with the PPS Policy 6.E.1 (a) is the only applicable policy: Development applications to create a new residential lot within the Prime Agricultural or Rural Areas designations, or which would otherwise result in the creation of a new residential lot, will not be permitted except in the following circumstances: to create a lot for a second residence designated under the Heritage Act that would become surplus to the farm operation as a result of a proposed consolidation of the farm, subject to Policy 6.E.8

8 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November 14, 2016 Page 5 of 14 Policy 6.E.8: - Where two or more farm parcels are to be merged in title into one ownership, with each lot having one dwelling, a new lot may be created for the dwelling surplus to the needs of the merged farm provided that: Assessment: The surplus dwelling is designated by the Area Municipality as a heritage property under the Heritage Act; and The new lot has a maximum area of one hectare, where natural features or existing lot patterns justify the inclusion of additional lands - The application is for the creation of a new lot as opposed to a request to merge the retained farm parcel including the heritage dwelling with an adjacent farm - Therefore the dwelling cannot be considered surplus and the proposed severance does not meet any of the exceptions for creation of a new lot - The proposed development is not in conformity with the Regional Official Plan Township of North Dumfries Official Plan Designation and Policies: Lands are designated Prime Agriculture Area with northern portion designated as Protected Countryside The intent of the Official Plan is to protect valuable agricultural resources from urbanization and inappropriate development and to support agriculture as the predominant use in the Countryside Section 5.1 contains similar policies to Regional Official Plan on consolidation of farm parcels Policy states that the Township may consult with the Region to evaluate the farm severance for conformity with the Official Plan Assessment: The application would result in the creation of a new lot as opposed to proposing lot consolidation. Fragmentation of prime agricultural land does not meet the intent of the Official Plan to protect agricultural uses from urbanization and inappropriate development. Therefore the subject proposal is not in conformity with the Official Plan.

9 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC - Dumfries Room Monday, November 14, 2016 Page 6 of 14 General Zoning By-law Subject lands are zoned Z.1 (Agricultural) Minimum setback requirements reviewed as per Section 7.2: The proposed retained lot would not meet the minimum setback requirements A site specific zoning by-law amendment would be required to allow the consent Correspondence No correspondence has been received from members of the Public The following correspondence has been received from Township staff and other government agencies: - Region of Waterloo: The Region does not support the proposed severance as it does not meet the requirements of the Regional Official Plan policies for creation of a new lot in the Prime Agricultural Area Building Department: Confirmation requested on setbacks and uses conducted in the buildings - Grand River Conservation Authoffiy: No objection Advised that part of the property is regulated pursuant to Ontario Regulation 150/06 - Energy Plus: Requested conditions including legal survey plus possible service agreement. Planning Opinion The Planner advised that Staff have attended the site and conducted an assessment of both the property and adjoining landholdings. Staff have consulted with Region of Waterloo staff in regards to the policies on Prime Agricultural Areas.

10 Towns hip of North Dumfries Committee of Adjustment Meeting Minutes NDCC - Dumfries Room Monday, November 14, 2016 Page 7 of 14 It is the opinion of staff that the severance should be DENIED for the following reasons: - The proposed consent would result in the fragmentation of prime agricultural land, is not of an appropriate size, and would result in a nonfarm residence. The creation of a new lot is proposed as opposed to a farm consolidation. Therefore the consent as proposed would not result in the long-term use and protection of prime agricultural lands. Accordingly, The proposed severance is not consistent with the 2014 PPS. The proposed severance does not conform to both the Region of Waterloo or the Township of North Dumfries Official Plan. She further advised that the retained parcel would not meet the required minimum lot area or lot frontage of the General Zoning By-law. Therefore an amendment to the Zoning By-law would be required. Recommendation That the Committee of Adjustment receives PD Report No ; and AND THAT Consent Application B-02/16, being a request to sever the existing dwelling and buildings from the larger agricultural lands at 2517 Fischer Hallman Road, be DENIED. 8. CORRESPONDENCE FOR COMMITTEE'S REVIEW Public Correspondence: As of the date of preparing this Committee of Adjustment Meeting Agenda for this meeting no correspondence has been received from members of the Public. Agency Correspondence: As of the date of preparing this Report for inclusion in the November 14 1 h, 2016 Committee of Adjustment Meeting Agenda, the following comments have been received from circulated Township staff and other government agencies: i) Region of Waterloo - The Region does not support the proposed severance as it does not meet the requirements of the Regional Official Plan policies for the creation of a new residential lot in the Prime Agricultural Area. ii) Township of North Dumfries- Building Division Confirmation is required on the setbacks from all buildings on the property in relation to the new property lines. Confirmation is required on the uses conducted in the buildings.

11 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November 14, 2016 Page 8 of 14 A site visit was conducted on November 4, 2016 to confirm the uses conducted in the buildings and to discuss setback requirements. iii) Grand River Conservation Authority No objection. - Advised that part of the property is regulated pursuant to Ontario Regulation 150/ REQUEST FOR NOTICE OF DECISION Persons wishing to be notified of the decision must submit a written request to the Secretary-Treasurer Lori Heinbuch. 10. CHAIR OPENS FLOOR FOR ANY COMMENTS/QUESTIONS Are there any persons present who wish to make oral and/or written submission in support of the proposed minor variance? Applicant Evan Snider, 2517 Fischer Hallman Road, appeared before committee requesting a deferral until his lawyer is in attendance to present a case. He stated he does not know what his lawyer would be putting forth. Chair advised Mr. Snider that his application goes against Provincial Policies, Regional Official Plan and Township Policies and Zoning By-law. Mr. Snider advised he had been made aware of this, and preferred not to apply as just selling to neighbouring farm (consolidation), as he would be able to get more money for the property from a non-adjacent farm owner. Are there any persons present who wish to make oral and/or written submission against this application? no other persons were present in favour or in opposition to this application 11. COMMENTS/QUESTIONS FROM THE COMMITTEE Councillor Rolleman questioned what the present Zoning is on the property. Planner advised it is in the Z1 Zone- prime agricultural

12 12. DECISION OF COMMITTEE Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November 14, 2016 Page 9 of 14 The Committee of Adjustment of the Corporation of the Township of North Dumfries has considered all written and oral submissions received on this application, the effect of which has assisted the Committee to make an informed decision on this planning matter. CoA Moved by Member Rolleman Seconded by Member Ostner THAT the Committee of Adjustment receive PO Report No Proposed Consent- Evan Snider, 2517 Fischer Hallman Road, Township of North Dumfries (File No. B-02/16) AND THAT Consent Application B-02/16, being a request to sever the existing dwelling and buildings from the larger agricultural lands at 2517 Fischer Hallman Road, be DENIED. Carried 13. APPLICATION A-02/16 OWNERS/APPLICANT Joe Mariano 12 Hughson Street, Branchton LOCATION OF THE SUBJECT LAND The subject lands are located on the south side of Hughson, west of King Street, settlement of Branchton in the geographic Township of North Dumfries. This property is presently occupied by a single family dwelling which was constructed in A later addition was attached to the dwelling (exact date not known). PURPOSE AND EFFECT OF THE APPLICATION The purpose and effect of the proposed minor variance application is to seek relief from Section of Zoning By-law , recognizing a proposed side yard of 0.09 metres (0.3 feet), rather than the minimum side yard of 2.4 metres (7.87 feet) to allow for the demolition of the existing addition, the subsequent replacement of it with a new addition, and expansion of living space to the existing two-storey dwelling.

13 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC - Dumfries Room Monday, November 14, 2016 Page 10 of SECRETARY TREASURER Notices were previously mailed prior to the April 4th meeting to property owners within 120 m of the subject property as well as the applicable agencies and posted on the subject property. 13. PRESENTATIONS PO Report No Joe Mariano. 12 Hughson St. Branchton (File No. A-02/16) Michelle Schaefle, Planner reviewed her report for Committee, recommendation and follow-up Report and presented an overview of the application: She advised that the subject application was presented at the April 4, 2016 Committee of Adjustment Meeting: - A motion was supported to defer the application due to heritage considerations in regards to protecting the cobblestone garage on the adjacent property. The purpose of this presentation is to update the Committee on information that has been received and advance a recommendation on the application. The subject lands have a civic address of 12 Hughson Street, west of King Street, in the settlement of Branchton. A Minor Variance Application has been submitted to seek relief from the General Zoning By-law, recognizing a proposed side yard of 0.09 m (0.3 ft.), rather than the required side yard of 2.4 m (7.87 ft.), to facilitate demolition of the existing addition and the subsequent replacement with a new addition and expanded living space. She provided an aerial photo of the subject lands, a Site Photograph of the existing addition and Cobblestone Garage on adjacent property; together with a proposed plan, and drawing of front elevation of proposed new addition. With respect to the Heritage Considerations she provided a letter from J. H. Cohoon Engineering on demolition/reconstruction methods to be utilized to preserve and protect the existing heritage garage building. Summary of Recommendations from Engineering Assessment: - Foundation of existing residence to be carefully removed with excavator. - No hydraulic breakers or vibratory drills are to be used during demolition.

14 Towns hip of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November14,2016 Page 11 of 14 Proposed foundation is to have 3' -0" cover and insulation protection at the north end, so the adjacent foundations are not undermined. The wall is to start stepping down about 5' to the south to a full foundation. The wall is to be backfilled and lightly compacted. All haul routes and material storage for reconstruction will be south and east of the existing residence so as not to impact the cobblestone garage. - Before and after photographs of the cobblestone garage are to be taken, with existing cracks and deficiencies noted prior to construction. Conclusion: - It was concluded that implementation of the above noted construction methods will not impact the heritage garage as excessive vibration and underpinning of the structure will not occur. Consultation Process Public Correspondence: - Prior to April 4th meeting, one phone call was received from the neighbour at 14 Hughson Street, expressing support of the application. Agency Correspondence: - No objections or concerns have been received from Town ship staff or external Agencies. Statutory Public Meeting (April4) - No comments were received from the public. - Councillor Rolleman advised that the cobblestone garage is valued for its historic associated with Honourable James Young, the first Member of Parliament for the riding of Waterloo South, a portion of the modern riding of Cambridge-North Dumfries. A document was provided to Council regarding the importance of the historic garage. Deferral of the application was supported to determine the general state of the garage and any special provision required for protection.

15 Planning Opinion and Recommendations Planning Opinion: Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November 14, 2016 Page 12 of 14 Staff have reviewed the J.H. Cohoon Engineering Report and are satisfied that the recommendations can be addressed as part of the demolition/building permit application(s). Recommendations: THAT the Committee of Adjustment receives PD Report No ; and AND THAT Minor Variance A-02/16, being a request to seek relieffrom the provision of Section of Zoning By-law to permit construction of an attached garage/additional residential living space closer to the side lot line than the required setback; and to establish a building line 0.09 metres from the lot line, rather than the required 2.4 metres, be APPROVED, subject to the following condition; - That the letter dated September 9, 2016 from J.H. Cohoon Engineering Limited including drawing be submitted as an attachment, to ensure the recommendations are implemented, as part of the Demolition/Building Permit Application(s). 14. CORRESPONDENCE FOR COMMITTEE'S REVIEW Public Correspondence: Prior to the April 4th, 2016 Council Meeting Agenda, one phone call was received from Marvin Johnston, the neighbour next door (14 Hughson Street) who is most impacted by the proposal, expressing support of the application. No further correspondence has been received. Agency Correspondence: As of the date of preparing this Report for inclusion in the November ih, 2016 Council Meeting Agenda, the following comments have been received from circulated agencies: Township of North Dumfries Building Department: No comments. Township of North Dumfries Fire Department: No comments. Grand River Conservation Authority: No comments. Energy + Hydro: No comments. Region of Waterloo: No comments.

16 15. REQUEST FOR NOTICE OF DECISION Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November 14, 2016 Page 13 of 14 Persons wishing to be notified of the decision must submit a written request to the Secretary-Treasurer Lori Heinbuch. 16. CHAIR OPENS FLOOR FOR ANY COMMENTS/QUESTIONS Are there any persons present who wish to make oral and/or written submission in support of the proposed minor variance? Are there any persons present who wish to make oral and/or written submission against this application? - no other persons were presented in favour or opposition of this application 17. COMMENTS/QUESTIONS FROM THE COMMITTEE 18. DECISION OF COMMITTEE The Committee of Adjustment of the Corporation of the Township of North Dumfries has considered all written and oral submissions received on this application, the effect of which has assisted the Committee to make an informed decision on this planning matter. CoA Moved by Member Taylor Seconded by Member Ostner THAT the Committee of Adjustment receive PO Report No Proposed Minor Variance Joe Mariano, 12 Hughson Street, Branchton (File No. A-02/16) AND THAT Minor Variance A-02/16, being a request to seek relief from the provision of Section of Zoning By-law to permit construction of an attached garage/additional residential living space closer to the side lot line than the required setback; and to establish a building line 0.09 metres from the lot line, rather than the required 2.4 metres, be APPROVED, subject to the following condition; i. That the letter dated September 9, 2016 from J.H. Cohoon Engineering Limited including drawing be submitted as an attachment, to ensure the recommendations are implemented, as part of the Demolition/Building Permit Application(s). Carried

17 Township of North Dumfries Committee of Adjustment Meeting Minutes NDCC- Dumfries Room Monday, November14,2016 Page 14 of ADJOURNMENT CoA Moved by Member Taylor Seconded by Member Ostner THAT the Committee of Adjustment Meeting of November 14, 2016 be adjourned at 7:37 p.m. Carried Lorraine Heinbuch Secretary Treasurer Sue Foxton Chair

18 7o_0-7 he '/OWN Ill I' of- ' - NORTH D UMFRIES Committee of Adjustment Meeting December 5 1 h, 2016 PO Report No PROPOSED MINOR VARIANCE STATUTORY PUBLIC MEETING Ayr Meadows Development 180 Northumberland, Ayr File No. A-11/16 RECOMMENDATION: The Township Planner recommends: 1) THAT the Committee of Adjustment receives PO Report No ; 2) AND THAT Minor Variance A-11/16, being a request to increase the maximum apartment units approved through Site Specific Zoning Bylaw Number with Exemption to the General Zoning By-law , from a total of 48 units (24 units in each of two apartment buildings) to a total of 62 units (31 units in each of two apartment buildings), be APPROVED. 1. PURPOSE: The purpose of this Report is to solicit comments from interested members of the public and agencies, and to advance a Recommendation for the Committee's consideration on the merits of the application filed by Ayr Meadows Development for a minor variance for the property situated at 180 Northumberland Street, within Ayr. This Report will: provide an overview of the proposed development; confirm present zoning policies for development of the subject property; solicit comments from interested members of the public and government agencies on the proposed minor variance application; and provide a recommendation to Committee on the merits of the application.

19 21Page PD Report No December 5 1 h, BACKGROUND 2.1 Application Summary Application(s) Related File(s) Owner: Applicant(s): Agent(s): Legal Description: Civic Address: Assessment Roll No.: Public Meeting (date/time): Location: A-11/16 SP 08/16 Ayr Meadows Development Inc. Ayr Meadows Development Inc. Facet Design Studio DUMFRIES CON 8 PT LOT 36 RCP 679 PT LOT 1 RCP 681 PT LOT 11 RP 58R18964 PTS 1 TO 4 RP 58R18869 PTS 1 TO Northumberland St, Ayr Monday December Sth, :00pm Dumfries Room, North Dumfries Community Complex 2958 Greenfield Road, Ayr, ON NOB 1EO 2.2 Property Location The subject property is located on the west side of Northumberland Street, south of St. Brigid School, and immediately north of the CP Rail Line in the geographic Township of North Dumfries. The property is municipally addressed 180 Northumberland Street, Ayr. The conceptual location of the property is identified on the key map below. The subject lands have a road frontage on Northumberland Street of approximately 162 m (531 ft) and a corresponding lot area of approximately 4.43 hectares ( acres). The subject property was formally used by Schneider Foods (subsequently Maple Leaf Foods) as a food manufacturing and processing plant. The plant was closed in 2013 and the original buildings were demolished in fall The property is currently vacant. There are no environmental features on the subject lands. The property is serviced by Municipal water and sanitary sewer services. There is presently one access from Northumberland Street.

20 31Page PD Report No December 5 1 h, 2016 Key Map 2.3 Surrounding Land Uses The surrounding lands consist of single detached residential dwellings to the west, the CP Rail line to the south, and St. Brigid School to the north. 2.4 Development Overview The subject lands are the site of the Ayr Meadows Development consisting of townhouses, two apartment buildings, and a small-scale commercial retail plaza. A Zoning By-law Amendment with Special Exemption (File No. ZC-15/14, Bylaw Number ) was approved to permit a mix of housing types and commercial uses. Exemption provides specific criteria for the development including a total maximum unit count for two apartments of 48 units (24 units in each apartment). The

21 41P age PO Report No December 5 1 h, 2016 applicant is now proposing to increase the total number of units to 62 units (31 units each of the two apartments). The footprint and height of the apartment buildings will not change, only the number of units internal to each apartment building. Site Specific Zoning By-law Number has been enclosed, as well as the site plan recently circulated and under review as part of the Site Plan Application. 2.5 Planning Act Section 45 (1) of the Planning Act sets out criteria to be considered when reviewing minor variance applications. The Committee of Adjustment may authorize such minor variance from the provisions of the Zoning By-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure. The criterion to be used by the Committee in the evaluation of a minor variance application is as follows: i) Is the general intent and purpose, in the opinion of the Committee, of the Official Plan maintained; ii) iii) iv) Is the general intent and purpose, in the opinion of the Committee, of the Zoning By-law maintained; Is the proposed variance desirable for the property and is it compatible with adjacent uses and properties; and, Is the variance, in the opinion of the Committee, minor in nature. 3. ANALYSIS & OPTIONS: 3.1 Regional Official Plan The subject lands are within the Built-Up Area of the Ayr Township Urban Area as per Map 3e of the Regional Official Plan. The primary role of Township Urban Area is to serve as the focus for social, cultural and economic development activities within the Township. Section 2. D.1 of the Regional Official Plan sets out General Development Policies to be applied in reviewing development applications.

22 5I Page PO Report No December 5 1 h, 2016 The subject proposal supplements and meets the general intent of these policies, such as supporting the Planned Community Structure and contributing to the creation of complete communities. 3.2 Township Official Plan The subject lands are identified as being located within the Built-Up Area of the Ayr Urban Area on Map 2 of the Official Plan. Official Plan Amendment 29 (File OPA-04/14) was approved in September 2015 to designate the subject lands as Urban Residential and Ancillary to permit townhouses, apartments, and small-scale commercial uses. The subject proposal conforms to the Official Plan Amendment. 3.3 Zoning By-law The General Zoning By-law was amended in September 2015 from Z.9 (Industrial) to Z.4d (Residential) and Z.6 (Commercial) to provide for a range of apartment units, townhouses, and commercial uses. Site specific provisions outlined as part of Exemption restrict the number of apartment units to a total of 48 units for the site (24 units in each of the two apartment buildings). A minor variance is required to increase the total number of units to 62 (31 units in each of the two apartment buildings). 3.4 Consultation Process Public Correspondence As of the date of preparing this Report for inclusion in the December 5th, 2016 Committee of Adjustment Meeting Agenda, no correspondence has been received from members of the Public.

23 61Page PO Report No December 5 1 h, Agency Correspondence As of the date of preparing this Report for inclusion in the December 5 1 h, 2016 Committee of Adjustment Meeting Agenda, the following comments have been received from circulated Township staff and other government agencies: i) Region of Waterloo No Comments Requested Notice of Decision 3.5 Planning Opinion Staff have attended the site and conducted an assessment of both the property and adjoining landholdings. Staff have also reviewed the applicable provisions of the Official Plan and General Zoning By-law in the context of the request to increase the unit count in each apartment building. In the context of the preceding paragraph, staff recommend to the Committee of Adjustment that the variance as requested be APPROVED. Staff's planning opinion is based upon the following: i) The general intent of both the Official Plan and Zoning By-law are maintained; ii) iii) iv) The subject development has undergone an extensive consultation process for the Official Plan Amendment and Zoning By-law Amendment, and continues to be reviewed through the Site Plan process; The proposed variance is desirable for the property and is compatible with adjacent uses and properties; and A change in the number of units within each apartment building that does not impact the overall footprint of the development is considered minor in nature. Staff do not believe that Conditions to the granting of the minor variance are necessary or required. 4. ATTACHMENTS 1. By-law Number Proposed Site Plan and Elevation Rendering

24 71Page PO Report No December 5 1 h, 2016 For further information on the contents of this Report, please contact Michelle Schaefle, Township Planner, at ext. 132 or via at mschaefle@northdumfries.ca Report Prepared By, Michelle Schaefle, BES Planner Andrew McNeely, RPP Chief Administrative Officer

25 THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES BY-LAW NUMBER A By-Law to amend By-Law Number , as amended, being a Zoning By-law for the Township of North Dumfries; WHEREAS an application (see TND File ZC-15/14) was received from Woodhouse Ayr Enterprises Inc. with respect to lands municipally addressed as 180 Northumberland Street and described as Cone. 8, Pt Lot 26, Plan 679, Part Lot 1, Plan 681, Part Lot 11, Township of North Dumfries, Regional Municipality of Waterloo, to amend By-law Number , to change the present Zone Z.9 (Industrial) to Zone Z.4d (Residential) and Zone Z.6 (Commercial) with an Exemption to permit a mix of housing types, commercial uses and minimum site specific regulations. WHEREAS the Planning Act empowers a municipality to pass by-laws prohibiting the use of land and the erection, location and use of buildings or structures, except as set out In the by-law; AND WHEREAS the Council of the Corporation of the Township of North Dumfries, under Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, deems it to be desirable to further amend said By-law Number for the future development and use of the lands described above; NOW THEREFORE, Township Council enacts as follows : 1. That By-law Number , as amended, is hereby further amended insofar as the zoning on these lands, described as Cone. 8, Pt Lot 26, Plan 679, Part Lot 1, Plan 681, Part Lot 11, Township of North Dumfries, Regional Municipality of Waterloo, is chomged in part from Zone Z.9 (Industrial) to Zone Z.4d (Residential) and Zone 6 (Commercial) with an Exemption to permit a mix of housing types, commercial uses and minimum site specific regulations. Section is as follows: Notwithstanding any other provisions of this By-law: a) Part 1 on the map forming Schedule 'A' - Section of this By-law may be used for residential uses of the Zone Z.4d uses, subject to the following: Additional Uses to include a Residential Dwelling- Row Lot Frontage for setback calculations to be measured from internal private road; Minimum Front Yard Setback (Row) of 6 metres: Minimum Side Yard Setback (Row) of 4 metres; and, Minimum Rear Yard Setback (Row) of 7.5 metres. ii. Additional Uses to include Residential Apartment Maximum Building Height Four Storeys (14 metres). iii. Type of Residential Unit and Maximum Unit Count Townhouses- Eighty-two (82) units: and, Apartments- Forty-eight (48) units (24 suites each). b) Part 2 on the map forming Schedule 'A'- Section of this By-law may be used for the uses permitted in the Zone Z.6 (Commercial);

26 i. Additional Uses to include a Drug Store and/or Pharmacy Maximum combined Gross Floor Area shall be 669 sq.m; Maximum combined Gross Floor Area of any commercial retail unit shall be 400 sq.m or 60% of the combined Gross Floor Area; and, Maximum area of the Zone 6 shall be 2,640 sq.m; Minimum front yard of 7.5 metres. ii. Additional Uses to include a Residential Apartment Maximum Building Height of four storeys (14 metres); and Twenty-four (24) units. iii. Uses to be excluded: Retail or Wholesale Commercial Establishment excluding the Sale or Service of Motor Vehicles; Repair Shop; and, Showroom. c) The foregoing being subject to a Holding (H) Zone; and, d) The Holding (H) Zone is limited to restricting the use of the lands in the Zoned Z4 with Exemption to existing land uses only (i.e. vacant land). No application for the lifting of the Holding (H) provision shall be made until such time as the appropriate studies and agreements have been completed and entered into to the satisfaction of the Regional Municipality of Waterloo and Township of North Dumfries, in accordance with the Regional Official Plan and Township of North Dumfries Official Plan policies regarding functional servicing, traffic management and road dedication, stormwater management, Record of Site Condition, noise and vibration attenuation, natural environmental protection, source water protection, confirmation of the water and wastewater system capacity, pedestrian connectivity, parking plan, landscaping and architectural/urban design that are in full force and effect at the time of application by the landowner for lifting of the Holding (H) provision. 2. That except as amended by this By-law the subject lands as shown on Schedule 'A' Section to this By-law shall be subject to all other applicable provisions and regulations of By-law Number , as amended. 3. That By-law Number , as amended, is hereby further amended by adding Schedule 'A'- Section attached to and forming part of this by-law. 4. That Part 139 of Schedule 'B' to By-law Number , as amended, as It existed prior to this By-law is hereby repealed and By-law Number , as amended, is hereby further amended to include Part 139 of Schedule 'B', being Schedule 'B' to this By-law, in its place. 5. THAT this by-law shall come into force on the day the related Official Plan Amendment No. 29 to the Township of North Dumfries Official Plan is approved by the Regional Municipality of Waterloo. READ a first and second time in the Council Chambers of the Township of North Dumfries this 14th day of September, ~. _ ~ \~ (c'!~ - S. ~~ - Mayor \

27 READ a third time and Finally Passed in the Council Chambers of th Township of North Dumfries this 14 1 h day of September, Mayor \~-

28 Section of Schedules A & 8 of By-law in association with File ZC-16/14 (Woodhouse) for the municipally addressed property of 180 Northumberland Street, Ayr i \ I Part 1 - Change from Zone Z.9 (Industrial) to Zone Z.4d (Residential) with Exemption ~ \ \ \ \ This is an Excerpt of Schedule A and Schedule B of Part 139 of By-law , as amended. It forms part of By-law passed by Council this 14th day of September, 2DH>\ / ' Note: The above map block amends Map 139 of Schedule B. This map block is only part of By-law , Mayor Legend - Roade illllllll::::=::.-==:::::::::: Kilometers Ollool...,; rtojtll,.rliltttll'llll\llpiupquiiw!f)'./~~miiiiq~,.,..mil't.l~ rt,t._,t,...,,.,..,-..,~,..oi,jodtl<olof'or Plllltt<Jry"f"'""''".,...,''a~'Orll'll11r~~ (fla~ll t/llfltfntffftiniii""- Wif... ltv I'NP'do~"' "' ' _...,..,. t n l'w~<>ro.~..qtlltt, ~J~ ~nt/lltll''f'""~wiii Gl l'llnca,oijqin f/f-~ ~ ,,,...,... Clll '~" '""""liblhryg/lllj...

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31 -~ r~ [DJ~ = F=:f=;=::,;jp~~q- ---=-~ ":t., 77:'7'/'/lL771~~~1 -.- i ~T~--.oi!&A I ~ I ;,--!1 - j v / / I I I 1 I I ~ w ii DETAILED SITE PLAN Al3 o- ~,.,,..., ~~"LotoTIJ.:I!:!- ~ o... r.. ~~~a~ ~o...i!>v"~..c>f' ~,.,_-~~l.oiiuipo:c:~~ IIJ... 'r~un1'1o>c.c.0.11tt>1... 1D VACANT L..ANP CONDOS FUTURE LOT 4 ' I -ru l>. W l ~! Z ~ ~ z C) w 0:: L ZZZZZZZZZZZZ7Y77VOZZZZ~ I ~I I I I ----k RESIDENTAIL [~, DEVELOPMENT 180 Northumberland Street ' :::_, ~ ~.!'~. O.o-, _JSE,._YR ONTARIO t~(s ~,.,.,., _ss ~... ~-- _,.,.. ~~ 1... _AS_SHO_WN_ DetailedSiteP/an I....,... '(~~/ D<> ~ (SrreerLeve/) A1.3 - r.,.o _.. _ 1:... I

32 -.. RENDERING 26 August, 2016 Site Plan Application 180 Northumberland Street Ayr,oN A DEVELOPMENT BY APACHE DEVELOPMENT COMPANY

33 Region of Waterloo November 23, 2016 Michelle Schaefle Township of North Dumfries 2958 Greenfield Rd, P.O. Box 1060 Ayr, ON NOB 1 EO File No.: T15-40/58 Rural 180 Northumberland St PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitcllener ON N2G 4J3 Canada Telephone: ITY: Fax: Dear Ms. Schaefle: Re: Committee of Adjustment Meeting, Township of North Dumfries Regional staff have reviewed the following Committee of Adjustment application(s) and have no comments: A-11 / Northumberland Street, Ayr Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, c~. ::;~d Transportation Planner (519) x3243 /em