COUNTY OF BRANT DEVELOPMENT SERVICES DEPARTMENT COMMITTEE OF ADJUSTMENT. Chair and Members of the Committee of Adjustment

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1 COUNTY OF BRANT DEVELOPMENT SERVICES DEPARTMENT COMMITTEE OF ADJUSTMENT TO: FROM: Chair and Members of the Committee of Adjustment Ruchika Angrish, Senior Planner DATE: January 23, 2014 REPORT: CA (White) SUBJECT: Consent Application B54-55/13/RA PURPOSE: Request for a Decision on an Application for Consent for the creation of a new residential lot (i.e. within the Primary Urban Settlement Area of the Town of Paris) RECOMMENDATION: That, Application B54-55/13/RA from J.H. Cohoon Engineering Ltd., agent for Daniel and Kim White, applicants/owners of Part Lot 10 Concession 1, Part 6 on Registered Plan 2R-7174, located on 31Cedar Street, in the former Town of Paris, County of Brant to create a new residential lot, BE APPROVED, subject to the conditions. STRATEGIC PLAN GUIDANCE: Undertaking actions that elevate customer service to those we serve. FINANCIAL CONSIDERATIONS: Not Applicable EXECUTIVE SUMMARY: The purpose of the report is to provide the Committee and the public with an analysis of the merits of the Application for Consent for the creation of a residential infilling lot within the Primary Urban Settlement Area of the Town of Paris. The Applicant is proposing a creation of a new lot with semi-detached dwelling unit on each lot. The severed lot would have a frontage of 9.28 meters and an area of approximately 471m 2. The retained lot will have a frontage of 9.0 meters with an area of approximately 508m 2. The application also proposes creating an encroachment easement and an easement for the repairing, replacing and/or maintaining those encroachments. The planning analysis focuses on literature reviews of applicable policy, in consultation with departments and an inspection of the subject lands. The findings indicate that the proposal is

2 in conformity with the policies of both the Provincial Policy Statement (2005) and the County of Brant Official Plan. This report recommends that the application be approved subject to the attached conditions. BACKGROUND: PROPOSAL The subject lands were rezoned to a Residential Second Density Zone (R2) to allow semidetached dwelling on the property. The application was approved by Planning Advisory Committee and by Council in June The Applicants have applied for building permits for the construction of the semi-detached units and for Consent Application for the creation of separate lots and easement for the repairing, replacing and/or maintaining those encroachments. LOCATION The subject property is located on 31 Cedar Street and is 0.24 acres in size. The site is situated on the west side of Cedar Street and south of King Edward Street in the Primary Urban Settlement Area of the Town of Paris. The subject lands are currently vacant and are surrounded primarily by single family dwellings with townhouse condominium on the opposite side of the site and institutional uses to the north. PLANNING ACT R.S.O.1990 Section 51(24) of the Planning Act sets out criteria to be considered when reviewing consent applications. They are: (a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; (j) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; and Page 2 of 9

3 (l) the physical layout of the plan having regard to energy conservation. There are no outstanding legislative considerations with respect to this proposal. PROVINCIAL POLICY STATEMENT (2005): Section of the PPS states that: Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Settlement areas are described in the PPS as: Urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) that are: a) built up areas where development is concentrated and which have a mix of land uses; and b) lands which have been designated in an official plan for development over the long term planning horizon provided for in policy In cases where land in designated growth areas is not available, the settlement area may be no larger than the area where development is concentrated. Staff is of the opinion that the application is consistent with matters of provincial interest. COUNTY OF BRANT OFFICIAL PLAN (CBOP2012): The site designated in the CBOP 2012 as Urban Residential. The following policies extracted from the Official Plan, apply to these designations: Residential Consents The following shall be the policies of the County with respect to residential lot creation, through consent, in accordance with the policies of the applicable land use designation as established in Section 3.0: a) The division of land shall only be granted when the retained and severed parcels abut a public road of a standard of construction and maintenance acceptable to the County of Brant (and the Ontario Ministry of Transportation, where applicable) and safe and suitable access is available. In this instance, both the lots front on Cedar Street which is Urban Residential Local Road as per Schedule B of the CBOP2012. b) The division of land shall not be granted where access to the retained or severed parcels could result in a traffic hazard because of limited sight lines on curves or grades or proximity to intersections. Access may also be restricted and/or prohibited to an Arterial Road and Provincial Highways if Page 3 of 9

4 required to ensure safe traffic movement. It may be a condition of consent that a service road be constructed at the sole expense of the Applicant to the satisfaction of the County. The comments of the Development Engineering Department raised no concerns with traffic hazards. c) The division of land shall only be granted when it has been established that soil and drainage conditions for the retained and severed parcels are suitable: i. to permit the proper sitting of a building; ii. to obtain a sufficient and potable water supply if a County water supply is not available; and/or iii. to permit the installation of an adequate means of sewage disposal. In areas where no piped County services are available and the installation of a septic tank system or other private sewage disposal system is therefore required, the standards established by the Ministry of the Environment and/or its designated agent shall be met. The site is serviced by Municipal water and sanitary services. d) Further to policy c) above, the following studies may also be required: i. lot grading and drainage plan; ii. hydrogeology study; iii. geotechnical study; iv. archaeological study; v. Environmental Impact Statement; and/or vi. other studies as deemed appropriate by the County. A Grading Plan will be required to be reviewed and approved to the satisfaction of Staff and has been added as a condition of Consent. e) The division of land shall only be granted if the retained and severed parcels comply with the provisions of the County Zoning By-law. Both the severed and retained parcels would comply with the provisions of Zoning By-law f) The division of land shall not be granted if development will occur on land subject to severe flooding, wetlands, severe erosion or unstable conditions or any other physical limitations as determined by the County of Brant in consultation with the appropriate Conservation Authority, unless adequate mitigation measures are approved by the County and the Conservation Authority having jurisdiction. The subject lands are not under the jurisdiction of any Conservation Authority. The proposal will provide a density of 17.3 units per hectare; where as the maximum density Page 4 of 9

5 in the Low Density Urban Residential Designation is 20 units per hectare. It is Planning Staff s opinion that the requested severance conforms to the policies in the Official Plan. ZONING BY-LAW: The site is currently zoned Residential Second Density (R2). The zone allows for a semidetached dwelling. The proposal will establish a residential lot that will meet both the frontage and lot area requirements for the R2 zone. INTERDEPARTMENTAL, AGENCY, & PUBLIC CONSIDERATIONS: Development Engineering Department (see attached): That the Applicant be advised that an approved Public Works Permit is required prior to commencing works on the subject lands. That the Applicant be advised that water allocation is available for Residential Infilling Projects under CDC Municipal Water Supply Allocation Policy for the Paris Urban Settlement Area at this time. o In accordance with the County of Brant Development and Engineering Standards, the average daily water demand for the severed residential parcel would be L/s, being 350L/person/day x 2.89 persons per unit x 1 units. That the development of the subject lands is required to conform to the development agreement registered for Lot 4, B2-B5/09/SS in regards to grading / drainage and the accepted Stormwater Management Report. Be advised that any changes to same require the Applicant to apply for an amendment to the development agreement, at which time staff will review and provide comment to same. Building Department (see attached): no objections Zoning Administrator (see attached): no concerns Community Services (see attached): No concerns. Legal Division (see attached): No concerns. The following departments/agencies provided no comments on this application: Fire Department Six Nations/New Credit Brant County Hydro Bell CONCLUSION: The subject lands are situated within the Primary Urban Settlement Area of the Town of Paris. The Applicant is requesting to sever the existing lot into two (2) parcels of lands resulting in the creation of one (1) new residential lot. The existing lot has an overall size of 979 m 2. The severed lot would have a frontage of 9.28 meters and an area of approximately 471m 2. The retained lot will have a frontage of 9.0 meters with an area of approximately 508m 2. The Page 5 of 9

6 application also proposes creating an encroachment easement and an easement for the repairing, replacing and/or maintaining those encroachments. The Applicant had previously applied for the creation of four new lots on Cedar Street in 2009 via Consent Applications B2-5/09/SS and was granted approval. A Development Agreement and a Grading Plan was registered on title on April 6 th, If the grading for the subject lands is altered during or prior to the construction of the dwelling, the applicant will have to release the lot from the Development Agreement and enter into a new Agreement along with an approved Grading and Drainage Plan. Through the circulation of this application comments were received by Development Engineering and Building Division which have been addressed through the proposed conditions of approval. Planning Staff is of the opinion that the proposal for severance meets the criteria of Section 51(24) of the Planning Act; is in keeping with the policies of the Provincial Policy Statement and the Official Plan, and hence recommend approval, subject to the attached conditions. Respectfully Submitted, RUCHIKA ANGRISH SENIOR PLANNER MARK S. POMPONI GENERAL MANAGER ATTACHMENTS: Aerial photo, Official Plan excerpt, Severance Plan and Conditions of Approval COPY TO: Alicia West, Planner Applicant/Agent Rob Trotter, Director of Planning FILE #: B54-55/13/RA In adopting this report, is a bylaw or agreement required? If so, it should be referenced in the recommendation section. By-law required Agreement(s) or other documents to be signed by Mayor and /or Clerk Is the necessary by-law or agreement being sent concurrently to Council? (NO) (NO) (NO) Page 6 of 9

7 APPLICANT: White FILE No: B54/13/RA LIST OF CONDITIONS - COMMITTEE OF ADJUSTMENT 1 Proof that taxes have been paid up-to-date on the subject property to the County of Brant. 2 Parkland dedication or monies-in-lieu of parkland will be payable at the time of stamping of the deeds, in amount of $3, per lot. 3 That the Development Engineering Department confirms that their concerns have been addressed. Specifically: i. That the Applicant be advised that an approved Public Works Permit is required prior to commencing works on the subject lands. ii. That the Applicant be advised that water allocation is available for Residential Infilling Projects under CDC Municipal Water Supply Allocation Policy for the Paris Urban Settlement Area at this time. a. In accordance with the County of Brant Development and Engineering Standards, the average daily water demand for the severed residential parcel would be L/s, being 350L/person/day x 2.89 persons per unit x 1 units. iii. That the development of the subject lands is required to conform to the development agreement registered for Lot 4, B2-B5/09/SS in regards to grading/drainage and the accepted Stormwater Management Report. Be advised that any changes to same require the Applicant to apply for an amendment to the development agreement, at which time staff will review and provide comment to same. 4 That the Applicant provides proof/copy of approved entrances and deposited reference plan prior to civic address(s) be assigned for severed/retained land(s), to the satisfaction of the County of Brant. 5 That the Applicant provides proof that each lot conforms to the engineered grading plan to the satisfaction of the Building Division. 6 That the Applicant provides a copy of the draft reference plan/strata plan for the severed and retained lots for the County s review and approval, prior to stamping of the deeds. 7 That the above conditions must be fulfilled and the Document for Conveyance (in triplicate) be presented to the Consent Authority for stamping within one year of the date of the written decision, sent by the Secretary-Treasurer pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approval shall lapse. Page 7 of 9

8 APPLICANT: White FILE No: B55/13/RA LIST OF CONDITIONS - COMMITTEE OF ADJUSTMENT 1 Proof that taxes have been paid up-to-date on the subject property to the County of Brant. 2 That the applicant provides proof that an easement has been registered on title, at no cost to the County of Brant, across the severed and retained parcel, being Roll No , in perpetuity. 3 That the applicant provides a copy of the draft reference plan for the new easement for the County's review and approval, prior to finalization of the Consent (i.e. registration of the deed in the appropriate Registry Office). 4 In regard to the above, the applicant s solicitor ensures that B54/13/RA and B55/13/RA are undertaken in conjunction with the above action and proof of same shall be filed with the Secretary-Treasurer to the Committee of Adjustment. 5 That the above conditions must be fulfilled and the Document for Conveyance (in triplicate) be presented to the Consent Authority for stamping within one year of the date of the written decision, sent by the Secretary-Treasurer pursuant to Section 53(17) of the Planning Act, R.S. O. 1990, otherwise the approvals shall lapse. Page 8 of 9

9 Aerial Photograph Official Plan Excerpt Page 9 of 9