The Corporation of the Township of Otonabee-South Monaghan. Public Meeting - Section 34 Zoning By-law Amendment

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1 The Corporation of the Township of Otonabee-South Monaghan Public Meeting - Section 34 Zoning By-law Amendment Page Monday, January 12, 6:00 pm Council Chambers, Municipal Office 1. CALL TO ORDER PLANNING a) Kloosterman Capital Corporation -Rice Lake Poultry Inc. (Pt. lot 12, Con County Rd 2 & 1052 Duncan's Line) and The proposed Zoning By-law Amendment applies to two properties that are located in part of Lot 12, Concession 9, in the Otonabee Ward of the Township of Otonabee-South Monaghan. The municipal addresses of the subject properties are 2845 County Road No. 2 and 1052 Duncan's Line. f REPORTS a) Kloosterman The proposed Zoning By-law amendment is required as a condition of approval for consent application B The proposed Zoning By-law Amendment applies to two separate properties as follows: 1. Severed and Retained Parcels of Consent Application B (2845 County Road 2) The purpose of the Zoning By-law amendment is to: - Rezone the larger retained parcel from the Agricultural (A) Zone to the Agricultural-20 (A20) Zone. The A-20 zone will establish a minimum lot area of 30.0 hectares. The A-20 zone will permit a maximum of one single detached dwelling within the A20 zone area. The A-20 zone will also specify that the front lot line for the subject lands is the lot line abutting County Road No. 2. All other provisions of the Agricultural (A) Zone will continue to apply. - Rezone the severed parcel, having an area of approximately 0.64 hectares and a frontage on Duncan's Line of approximately 135 metres, from the Agricultural (A) Zone to the Rural Residential (RR) Zone. The RR zone will recognize the existing dwelling on this parcel Duncan's Line The purpose of the Zoning By-law amendment is to rezone this lot, which is currently vacant, from the Agricultural (A) Zone to the Agricultural -20 (A-20) Zone. This lot is to be Page 1 of 21

2 Page 3. REPORTS merged with the adjacent retained parcel of consent application B-46-14, and will be in the same zoning category as the large retained parcel (A-20 zone). A portion of the subject lands is currently zoned Environmental Protection (EP) in Zoning By-law No The existing EP zone will not be affected by the proposed zoning bylaw amendment PUBLIC & AGENCY COMMENTS/SUBMISSIONS a) Yorkshire Farms b) Kevin Duguay c) Otonabee Conservation d) Enbridge 5. COUNCIL MOTION 6. ADJOURNMENT Page 2 of 21

3 Agenda Item # 2a) Kloosterman Capital Corporation Rice Lake Poultry Inc. Pt. Lot 12, Concession 9, Otonabee Ward 2845 County Road 2 and 1052 Duncan s Line and TOWNSHIP OF OTONABEE-SOUTH MONAGHAN NOTICE OF PUBLIC MEETING AND NOTICE OF COMPLETE APPLICATION CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT TAKE NOTICE that the Council of the Corporation of the Township of Otonabee-South Monaghan has received a complete application for an amendment to the Township of Otonabee-South Monaghan Comprehensive Zoning By-law No , and is notifying the public in accordance with Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended. AND TAKE NOTICE that the Council of the Corporation of the Township of Otonabee-South Monaghan will hold a public meeting on Monday, January 12, 2015, at 6:00 p.m. at the Township Office, 20 Third Street in Keene, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended. Location of the Subject Lands The proposed Zoning By-law Amendment applies to two properties that are located in part of Lot 12, Concession 9, in the Otonabee Ward of the Township of Otonabee-South Monaghan. The municipal addresses of the subject properties are 2845 County Road No. 2 and 1052 Duncan s Line. A Key Map is attached showing the location of the subject lands. Purpose and Effect of the Proposed Zoning By-law Amendment The proposed Zoning By-law Amendment is required as a condition of approval for consent application B The proposed Zoning By-law Amendment applies to two separate properties as follows: 1. Severed and Retained Parcels of Consent Application B (2845 County Road 2) The purpose of the Zoning By-law amendment is to: Rezone the larger retained parcel from the Agricultural (A) Zone to the Agricultural-20 (A-20) Zone. The A-20 zone will establish a minimum lot area of 30.0 hectares. The A- 20 zone will permit a maximum of one single detached dwelling within the A-20 zone area. The A-20 zone will also specify that the front lot line for the subject lands is the lot line abutting County Road No. 2. All other provisions of the Agricultural (A) Zone will continue to apply. Rezone the severed parcel, having an area of approximately 0.64 hectares and a frontage on Duncan s Line of approximately 135 metres, from the Agricultural (A) Zone to the Rural Residential (RR) Zone. The RR zone will recognize the existing dwelling on this parcel. Kloosterman Capital Corporation - Rice Lake Poultry Inc. (Pt. lot 12, Page 3 of 21

4 Agenda Item # 2a) Duncan s Line The purpose of the Zoning By-law amendment is to rezone this lot, which is currently vacant, from the Agricultural (A) Zone to the Agricultural-20 (A-20) Zone. This lot is to be merged with the adjacent retained parcel of consent application B-46-14, and will be in the same zoning category as the large retained parcel (A-20 zone). A portion of the subject lands is currently zoned Environmental Protection (EP) in Zoning By-law No The existing EP zone will not be affected by the proposed zoning by-law amendment. Representation Any person may attend the public meeting and make written and/or verbal representation either in support of or in opposition to the proposed Zoning By-law Amendment. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Otonabee-South Monaghan before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Township of Otonabee-South Monaghan to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Township of Otonabee-South Monaghan before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Additional Applications The lands affected by the Zoning By-law Amendment, with municipal address 2845 County Road No. 2, are also the subject of an application for consent under County of Peterborough File No. B Information Additional information relating to the proposed Zoning By-law Amendment is available for inspection at the Township Office in Keene during regular office hours (see address below). A copy of this Notice is also available at the municipal office. Dated at the Township of Otonabee-South Monaghan this 10 th day of December, Eleanor J. Rath, CMO CAO, Director of Planning and Economic Development Township of Otonabee-South Monaghan 20 Third Street P.O. Box 70 Keene, Ontario K0L 2G0 Telephone Fax Kloosterman Capital Corporation - Rice Lake Poultry Inc. (Pt. lot 12, Page 4 of 21

5 Agenda Item # 2a) Kloosterman Capital Corporation - Rice Lake Poultry Inc. (Pt. lot 12, Page 5 of 21

6 Planning Justification Report Zoning By-law Amendment Application Lot 12, Concession 9 (Otonabee) 2845 County Road No. 2 Township of Otonabee-South Monaghan Introduction The subject Planning Justification Report has been prepared in support of a Zoning By-law Amendment Application associated with a proposed surplus farm dwelling and merged farm property, 2845 County Road No. 2 Township of Otonabee South Monaghan. The Property Proposed Severed Lot SITE The Proposed Farm Consolidation Rice Lake Poultry Property to be merged Kloosterman Capital Corp. Property 1 Kloosterman Page 6 of 21

7 The Application contemplates: i. Rezoning the proposed consolidated agricultural (farm) property with an adjacent (south) agricultural (farm) property, known municipally as 1052 Duncan s Line; and ii. Rezoning the proposed severed portion of the property (surplus farm dwelling). The proposed consolidation would add an adjacent agricultural (farm) property containing no buildings/structures to the parent property (2845 County Road No. 2). The consolidated property would contain the farm dwelling and barn/accessory structures. The consolidated farm property is proposed to be zoned as A Agricultural Exception and EP Environmental Protection. The proposed severed parcel of land, containing the surplus farm dwelling has frontage onto Duncan s Line (east limit of the property) and is proposed to be zoned as RR Rural Residential. Proposed Severed Parcel The proposed severed parcel of land contains a surplus farm dwelling. The property has been developed with a long driveway (Duncan s Line) leading to the dwelling, located within the south portion of the property. The property has vegetation established along its west and south boundaries and has a distinct topographical context, distinguishing the property from adjacent farmed (crop) lands. Additionally, the private well and waste-water system (septic) serving the dwelling are contained within the geographic limits of the proposed severed lot. The unique shape/configuration of the property can be attributed to the forgoing property features. 2 Kloosterman Page 7 of 21

8 Analysis 2014 Provincial Policy Statement (PPS) The 2014 PPS comes into effect on April 30, 2014, and serves to replace the current 2005 PPS. Relative to the subject Consent (Severance) Application, the following policies have direct relevancy: Policy 1.1.1, subsections c) and d) Description Healthy livable and safe communities are sustained by: c) i) Avoiding development and land use patterns causing environmental or public health and safety concerns; and d) Avoiding development and land patterns preventing the efficient expansion of settlement areas and areas adjacent or close to settlement areas c) A settlement area may be considered or expansion of a settlement area in prime agricultural lands may be considered subject to specific criteria Rural Areas - Includes prime agricultural lands to Agriculture Lot creation and Lot Adjustments Policies addressing how healthy, integrated and viable rural areas are sustained and related policy considerations The creation of new residential lots shall not be permitted. The Zoning By-law Amendment Application permit a surplus farm dwelling arising from the proposed farm consolidation. The existing agricultural/farm activity use 3 Kloosterman Page 8 of 21

9 of the consolidated property would not be diminished nor undermined by the proposed rezoning approval. The Application is considered to be consistent with the policy directives of the 2014 PPS. The Growth Plan for the Greater Golden Horseshoe 2006 (Growth Plan) The County of Peterborough, and thus the Township of Otonabee-South Monaghan, are located within the geographic limits of the Growth Plan. The relevant policies of the Growth Plan as it would pertain to the subject Application include the following: Policy Description Managing Growth k) Prohibiting the establishment of new settlement areas (f) Settlement Area Boundary Expansions (f) in prime agricultural areas Rural Areas Prime Agricultural Areas The Growth Plan contains no specific policy language addressing residential lot creation, surplus farm dwelling, in prime agricultural lands per se. However, the policies do recognize the significance/importance of prime agricultural lands. As noted in the previous commentary, the agricultural/farm use of the proposed consolidated properties will not be diminished no undermined by permitting the severance of the surplus farm dwelling lot. The Application is considered to be consistent with the policy directives of the 2006 Growth Plan. County of Peterborough Official Plan The County of Peterborough Official Plan designates the subject lands, both the consolidated farm properties and proposed severed surplus farm dwelling as Agricultural Area. Section (e) and (f) of the Plan provides policy directives for lot creation in prime agricultural areas. Generally lot creation is discouraged, except for the following: 4 Kloosterman Page 9 of 21

10 New agricultural uses (farm parcels of land) in which severed and retained parcels are generally the equivalent of 40 acres in lot area; A surplus farm residence is caused by the result of farm property consolidation (accompanied by a prohibition of new dwellings of the retained farm land property (consolidated); Infrastructure related matters; and Lot adjustments based on legal or technical reasons. The property can undergo a farm consolidation as a condition of Consent (Severance) Approval. A letter of undertaking has been produced in this regard. The September 25, 2013 Preliminary Severance Review prepared by the County Planning Staff also addressed MDS concerns. The Report indicated no MDS issues associated with area farm structures operations. The surplus farm dwelling arising from the proposed farm consolidation would not diminish nor undermine the farm use of the consolidated farm property. The Rezoning Application is required as a condition of the provisional Consent approval granted by the Peterborough County Land Division Committee. The Application is considered to conform to the policy directives of the County Official Plan. Township of Otonabee-South Monaghan Official Plan The Township Official Plan designates the subject property, both severed and retained parcels of land, as Agricultural. Land Use Designation SITE 5 Kloosterman Page 10 of 21

11 The relevant sections of the Township Official Plan include the following: Policy Description (h) Lot creation in the Agricultural Designation Lot Area Portion Area Severed (surplus from dwelling) 0.61 hectares Retained (consolidated farm properties) 25.7 hectares The proposed severed lot does exceed the maximum lot area (3,000 square metres) specified by the Township Official Plan. The lot area, as previously noted, is attributable to the unique locational and development context of the property. The Rezoning Application is considered to conform to the general intent and purpose of the Township Official Plan. Township Zoning By-law The property is currently zoned as follows: Portion of the Property Severed Retained Current Zoning A Agricultural A Agricultural EP Environmental Protection 6 Kloosterman Page 11 of 21

12 The proposed zoning is as follows: Portion of the Property Severed Retained Proposed Zoning RR Rural Residential A Agricultural Exception EP Environmental Protection (no change) The forgoing has been discussed with the Township (site meeting held April 9, 2014) and was subsequently considered as part of the Consent (Severance) Approval process. Proposed Zoning Severed Parcel of Land (Surplus Farm Dwelling) A Rural Residential Zone is proposed to recognize the surplus farm dwelling. The proposed lot has an area of 1.6 acres (0.64 hectares). The lot area can be attributed to the development features of the property (topography, existing driveway, location of the dwelling and private site services). My review of the Township Zoning By-law indicates that the proposed lot conforms to the regulatory provisions of Section 7 Rural Residential (RR) Zone. Retained Parcel of Land (Merged Farm Properties) The merged farm properties are zoned A Agricultural Zone and EP Environmental Protection Zone. An exception to the A Agricultural Zone is proposed to prohibit the introduction of a new farm dwelling on the subject property (retained parcel of land) and to address the following: i. Minimum lot area (Section (d) of the By-law reduce to 25 hectares (size of proposed merged property); and ii. Delete Section (number of single detached dwelling units 2). My review of the Zoning By-law indicates that the proposed merged farm properties would otherwise conform to the regulatory provisions of the Zoning By-law. Summary The Zoning By-law Amendment Application will permit a surplus farm dwelling arising from a consolidation of farm properties. 7 Kloosterman Page 12 of 21

13 The Application is considered to be consistent with the 2014 PPS and the 2006 Growth Plan. Additionally, the Application is considered to conform to the general intent and purpose of the County and Township Official Plans. The Application, if approved, will require a merger agreement for the proposed farm property consolidation. The forgoing requirement has been considered and is supported by the property owner. Respectfully submitted, Kevin M. Duguay MCIP, RPP 8 Kloosterman Page 13 of 21

14 Kloosterman Capital Corporation Rice Lake Poultry Inc. Pt. Lot 12, Concession 9, Otonabee Ward 2845 County Road 2 and 1052 Duncan s Line and THE CORPORATION OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN BY-LAW NO Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to amend By-law No , as amended, the Township of Otonabee-South Monaghan Comprehensive Zoning By-law, with respect to certain lands located in Part of Lot 12, Concession 9, Otonabee Ward, Township of Otonabee-South Monaghan. WHEREAS By-law No was passed under the authority of Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and regulates the use of land and the use and erection of buildings and structures within the Township of Otonabee-South Monaghan; AND WHEREAS the Council of the Township of Otonabee-South Monaghan conducted a public meeting in regard of the subject application as required by Section 34(12) of the Planning Act, R.S.O. 1990, as amended; AND WHEREAS Section 34 of the Planning Act, R.S.O. 1990, as amended, permits Council to pass an amending Zoning By-law, and the Council of the Township of Otonabee-South Monaghan deems it advisable to amend By-law No with respect to the lands described in this By-law; AND WHEREAS the matters herein are in conformity with the provisions of the Official Plan of the Township of Otonabee-South Monaghan; NOW THEREFORE the Council of the Township of Otonabee-South Monaghan hereby enacts as follows: 1. By-law No , as amended, is hereby amended as follows: (a) Map No. 8 of Schedule A of By-law No is hereby amended by changing the zone categories of certain lands located in Part of Lot 12, Concession 9, in the Geographic Township of Otonabee, as follows: (i) from the Agricultural (A) Zone to the Agricultural-20 (A-20) Zone, and (ii) from the Agricultural (A) Zone to the Rural Residential (RR) Zone, as shown on Schedule A, attached hereto and forming part of this By-law. Kloosterman Page 14 of 21

15 (b) Section 6.4 of By-law No , as amended, entitled Special Agricultural (A) Zones, is hereby amended by the addition of a new subsection numbered , which shall read as follows: Agricultural-20 (A-20) Zone, Part Lot 12, Concession 9 (Otonabee) Notwithstanding any other provisions of this By-law to the contrary, within the Agricultural-20 (A-20) Zone the following provisions shall apply: (a) Permitted Uses: (i) All uses of Section 6.1 shall be permitted. A maximum of one single detached dwelling shall be permitted on lands zoned Agricultural-20 (A-20). (b) Special Regulations: (i) The minimum lot area shall be 30.0 hectares. (ii) Notwithstanding any other provision of By-law No to the contrary, for the purposes of determining the lot frontage for a lot in the Agricultural-20 (A-20) Zone, the front lot line shall be the lot line abutting County Road No All other provisions of By-law No , as amended, shall apply. 3. This By-law shall become effective on the date that it is passed by the Council of the Township of Otonabee-South Monaghan, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended. 4. The Clerk is hereby authorized and directed to proceed with the giving of notice under Section 34(18) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 12 th day of January, HEAD OF COUNCIL CLERK 2 Kloosterman Page 15 of 21

16 READ a third time and finally passed this 12 th day of January, HEAD OF COUNCIL CLERK 3 Kloosterman Page 16 of 21

17 Kloosterman Page 17 of 21

18 Agenda Item # 4a) Yorkshire Farms Page 18 of 21

19 Agenda Item # 4b) Eleanor The rezoning application is required to satisfy one of the conditions of the provisional consent approval as granted by the County Land Division Committee. The consent approval and the pending rezoning Application approval will not create any MDS non-compliance. The dwellings in their current location-configuration are acceptable. Moreover, the intent of the rezoning will also prohibit any new dwellings to be established on the consolidated farm property. Kevin Kevin M. Duguay MCIP, RPP Kevin M. Duguay Community Planning and Consulting Inc. 560 Romaine Street Peterborough, Ontario K9J 2E3 P C Kevin Duguay Page 19 of 21

20 Agenda Item # 4c) January 5, 2015 Ms. Eleanor Rath CAO/Director of Planning & Economic Development Township of Otonabee South Monaghan 20 Third Street P.O. Box 70 KEENE, Ontario K0L 2G0 Dear Ms. Rath: RE: Zoning By-law Amendment, Kloosterman Capital Corporation, Rice Lake Poultry Inc., Pt. Lot 12, Concesssion 9, 2845 County Rd. #2 & 1052 Duncan s Line, Otonabee Ward, Roll # , ORCA file 2014-ZN077 Otonabee Region Conservation Authority has received the notice concerning the proposed zoning bylaw amendment for the above noted property. We note that the zoning amendment is a condition of consent. ORCA staff previously reviewed the consent application and had no objections. There is a watercourse that traverses the property. The watercourse and the adjacent lands are zoned Environmental Protection (EP) in the township zoning by-law. The EP zone is not being altered. Therefore, ORCA has no objection to the proposed zoning by-law amendment. If you have any questions, please do not hesitate to call. Yours truly, Beverly Hurford Watershed Planner Cc: David Nelson The Otonabee Region Conservation Authority 250 Milroy Drive, Peterborough, ON K9H 7M9 Phone: , Fax: , otonabeeca@otonabee.com, Website: Member of Conservation Ontario Otonabee Conservation Page 20 of 21

21 Agenda Item # 4d) Enbridge Gas Distribution 500 Consumers Road North York, Ontario M2J 1P8 Canada December 30, 2014 Eleanor J. Rath, CMO CAO, Director of Planning and Economic Development Township of Otonabee-South Monaghan 20 Third Street Keene, Ontario K0L 2G0 Dear Eleanor J. Rath, Re: Zoning By-law Amendment Part of Lot 12, Concession County Road No. 2 and 1052 Duncan s Line Township of Otonabee-South Monaghan File No.: , Related: B Enbridge Gas Distribution does not object to the proposed application(s). It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. For more details contact SalesArea40@enbridge.com. Enbridge Gas Distribution reserves the right to amend or remove development conditions. Sincerely, Nikki DeGroot Municipal Advisor Distribution Planning & Records ND/se Enbridge Page 21 of 21