Staff Report. Planning and Development Services Planning Division

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1 This document can be made available in other accessible formats as soon as practicable and upon request Staff Report Planning and Development Services Planning Division Report To: Council Meeting Date: April 01, 2019 Report Number: PDS Subject: Follow Up Report Minor Variance #A Beaver Street South and 10 th Line Prepared by: Travis Sandberg, Planner I A. Recommendations THAT Council receive Staff Report PDS.19.43, entitled Follow Up Report Minor Variance #A Beaver Street South and 10 th Line for information purposes. B. Overview This report is intended to provide Council with information regarding Minor Variance Application A A brief summary of the proposal, public meeting, and the resulting decision on the matter is provided herein. C. Background Planning staff received Minor Variance application A on February 26, 2019, to effect construction of a single detached dwelling and an accessory structure on the subject lands. The application outlined the intent to construct the single detached dwelling at a maximum height of 11.0m and 3-storeys and to construct the accessory structure at a height of 16.0m to accommodate an indoor tennis court on the subject lands. The following relief from Zoning Bylaw was requested in the submitted variance application: 1. To permit a maximum height of three (3) storeys for a Single Detached Dwelling, whereas Section 13.2(a) of the By-law permits a maximum height of 2.5 storeys in the Development (D) zone; 2. To permit a maximum height of 16.0m for a detached accessory structure (enclosed tennis court), whereas Section 6.1(iv) permits a maximum height of 4.5m for accessory structures; and 3. To permit a maximum building height of 11.0m and 16.0m for a single detached dwelling and a detached accessory structure, respectively, whereas Section 6.3(a) permits a maximum building height of 10.5m for all structures.

2 Council April 01, 2019 PDS Page 2 of 3 As a result of circulation of the Public Notice, Municipal Council provided comments by formal resolution to the Committee requesting that the application be deferred until such a time that Council had the opportunity to consider matters relating to official plan conformity and zoning by-law compliance through a staff report. In this regard, Staff Recommendation Report PDS , as prepared for Minor Variance Application A , is attached hereto for Council s information. A number of interested members of the public attended the Public Hearing held on March 20, 2019, with respect to Minor Variance application A Three (3) individuals spoke in opposition to the file, citing concerns regarding the impact and compatibility of the proposed building height(s) on existing and future development in the area. There were no public comments received in favour of the application. Prior to the Public Hearing, the applicant submitted a written request to defer a decision on the application in order to revise the application as a result of the comments received and the staff recommendations presented in staff report PSD The Committee of Adjustment discussed the request. Considering the substantial revisions that would be required to the original proposal, the Committee deemed that it warranted a new application. Further, the Committee of Adjustment took the position that because Council deferred a decision on the Development D zone in the approval of Comprehensive Zoning By-law , minor variances should not be considered for these lands until such a time that the intent of the zone is confirmed through a Council decision on the matter. As such, rather than entertaining a deferral for this application, the Committee refused the request that was contained within the original application. Furthermore, based on the recommendations provided in the Staff Recommendation Report PDS.19.34, and in consideration of the public comments received at the Public Hearing, the Committee of Adjustment made a decision to REFUSE the minor variance application (Committee decision attached hereto). D. Analysis None. This report is for information purposes only. A detailed analysis of Minor Variance application A is provided in Recommendation Report PDS.19.34, as attached hereto. E. The Blue Mountains Strategic Plan Goal #4: Promote a Culture of Organizational & Operational Excellence Objective #2 Improve Internal Communications across our Organization F. Environmental Impacts N/A.

3 Council April 01, 2019 PDS Page 3 of 3 G. Financial Impact N/A. H. In consultation with Lori Carscadden, Secretary-Treasurer of the Committee of Adjustments I. Public Engagement This report is for the benefit of Council only and a Public Meeting is not required. A public hearing, as mandated by the Ontario Planning Act, was held with respect to Minor Variance Application A on March 20, 2019, wherein a decision on the matter was made by the Committee of Adjustment. J. Attached 1. Council Resolution RE: Minor Variance A (March 11, 2019); 2. Staff Recommendation Report PDS.19.34; 3. Committee of Adjustment Decision on A Respectfully submitted, Travis Sandberg Planner I Nathan Westendorp Director of Planning and Development Services For more information, please contact: Travis Sandberg planning@thebluemountains.ca extension 283

4 Attachment #1 PDS.10.43

5 Attachment #2 PDS This document can be made available in other accessible formats as soon as practicable and upon request Staff Report Planning and Development Services Planning Division Report To: Committee of Adjustment Meeting Date: March 20, 2019 Report Number: PDS Subject: Minor Variance #A Beaver Street South and 10 th Line Prepared by: Travis Sandberg, Planner I A. Recommendations THAT the Committee of Adjustment receive Staff Report PDS.19.34, entitled Minor Variance #A Beaver Street South and 10 th Line ; AND THAT the Committee of Adjustment REFUSE Minor Variance Application No. A for the property legally described as Town Plot Park Part Lot 13 to Part Lot 15 Alfred, Park Part Lot 15 Napier, Part 3 Registered Plan 16R-503, Less Park of Part Lot 13, Registered Plan 16R-2744, requesting to permit a maximum of 16.0m and 11.0m for a detached accessory structure and single detached dwelling, respectively, on the subject lands. B. Overview The subject lands are located at the north-east corner of the intersection of Beaver Street and the 10 th Line in the Town of Thornbury. The property is currently vacant and has an irregular shape with an approximate area of 5.5ha and 415m of direct frontage onto Beaver Street. Portions of the property are within an area regulated by the Conservation Authority due to the presence of a known watercourse on the northerly portion of the lands. The lands are within a Future Secondary Plan Area, as designated by the Official Plan, and are currently zoned Development (D) by the Town of Thornbury Zoning By-law The Town of The Blue Mountains Council approved Comprehensive Zoning By-law on November 29, In approving Comprehensive Zoning By-law , Council deferred a decision on all Development (D) and Deferred Development (DD) zones, leaving the current Zoning By-law policies in full force and effect for these lands. As such, the subject lands remain under the authority of the Town of Thornbury Zoning By-law The Applicant wishes to construct a single detached dwelling and a detached enclosed tennis court structure on the subject lands. It is important to note that the proposed single detached residential use of the lands is permitted as-of-right on the subject lands, in accordance with the Development (D) provisions of Zoning By-law The application proposes to construct a single detached dwelling, with a maximum height of three (3) storeys (11.0m), and a detached

6 Committee of Adjustment March 20, 2019 PDS Page 2 of 7 accessory structure, with a maximum height of 16.0m, on the subject lands. The proposed structures exceed the maximum height permitted by the By-law. As such, the applicant has applied for the following relief from the provisions of Zoning By-law 10-77: 1) To permit a maximum height of three (3) storeys for a Single Detached Dwelling, whereas Section 13.2(a) of the By-law permits a maximum height of 2.5 storeys in the Development (D) zone; 2) To permit a maximum height of 16.0m for a detached accessory structure (enclosed tennis court), whereas Section 6.1(iv) permits a maximum height of 4.5m for accessory structures; and 3) To permit a maximum building height of 11.0m and 16.0m for a single detached dwelling and a detached accessory structure, respectively, whereas Section 6.3(a) permits a maximum building height of 10.5m for all structures. The lands are legally described as Town Plot Park Part Lot 13 to Part Lot 15 Alfred, Park Part Lot 15 Napier, Part 3 Registered Plan 16R-503, Less Park of Part Lot 13, Registered Plan 16R Figure 1: Location Key Map Figure 2: Aerial Photo Summary of Received Comments: At the time of writing this report, comments had been received from the following public agencies indicating no concern with the application: County of Grey provided that positive comments are obtained from the local Conservation Authority; Grey Bruce Health Unit; The Historic Saugeen Metis Lands, Resources, and Consultation Department; and Grey Sauble Conservation Authority provided that the structures are located outside of the hazard area. A development permit from the GSCA may be required if the structures are located within the regulated area. A detailed site plan should be provided

7 Committee of Adjustment March 20, 2019 PDS Page 3 of 7 prior to the issuance of a building permit to accurately identify the location of the proposed structures and proposed drainage for the site. Comments were received from the Town of The Blue Mountains Council, by certified resolution dated March 11, 2019, requesting that the variance application be deferred by the Committee until Council has had the opportunity to consider matters related to official plan conformity and zoning by-law compliance through a staff report to be included directly on the April 1, 2019 Council agenda. No comments were received from the public as a result of circulation of the Public Notice for this application. C. Analysis Pursuant to Section 45(1) of the Planning Act, the Committee of Adjustment is authorized to grant variances to by-laws enacted by the Town, established to implement the Official Plan. Staff have reviewed the proposal against the four tests as outlined in the following sections. Four Tests of a Minor Variance Does the proposal maintain the general intent and purpose of the Official Plan? The subject lands are designated as Future Secondary Plan Area (FSP) and Hazard (H) in the Town of The Blue Mountains Official Plan, Figure 3: Official Plan Designation In accordance with the general policies of the Plan, high rise buildings are not considered to be conducive to the general amenity and character of development within the Town. As such, Section B2.13 generally limits the height of all buildings and structures to a maximum of 11.0m, except for those which by nature require a greater height, such as barns, silos, water towers, etc. The implementing zoning by-law may further establish lower height restrictions for specific zoning categories based on the intended character of development for the respective zone.

8 Committee of Adjustment March 20, 2019 PDS Page 4 of 7 Development shall not be permitted at the maximum height prescribed by the Plan unless Council is satisfied that the proposed buildings and structures are compatible with the nature and character of the surrounding area. As per Section B3.13 of the Plan, the intent of the Future Secondary Plan Area designation is to identify lands within the settlement area boundary that are intended for future development at such a time that additional lands are required to accommodate further growth. Lands within this designation must proceed through a comprehensive secondary plan exercise in order to determine the ultimate land uses and an appropriate municipal servicing strategy for the area. Continued, interim use of these lands is permitted provided that any use, buildings, or structures are constructed and located in a manner which would not adversely affect the longterm development of the lands. One (1) single detached dwelling, and accessory uses and buildings thereto, is permitted on the lands as of right without additional planning applications or approvals, subject to the applicable provisions of the Zoning By-law. The intent of the Hazard designation is to identify lands having inherent environmental hazards or hazards that exhibit instability, poor drainage, or any other physical condition which is severe enough to pose a risk to public health and safety if developed. Buildings and structures are generally not permitted within the Hazard designation and development may only occur when the hazards can be safely addressed, no environmental impacts will result, the development does not include institutional uses or emergency services or involve hazardous substances, the Grey Sauble Conservation Authority and County of Grey are satisfied with respect to mitigation effects on natural heritage features, and there is no feasible location outside of the Hazard Land designation. In review of the above policies, it appears that the proposed location for the proposed Single Detached Dwelling generally maintains the intent of the Official Plan with respect to preserving the long-term development potential of the lands and avoidance of hazard areas. Through the building permit process, it is recommended that a site location plan be provided in consultation with Municipal Staff and the Grey Sauble Conservation Authority to ensure that the proposed structure is located outside of the hazard land boundary. Given the uncertainty regarding the ultimate use of the lands, however, it is not clear at this time what impact the additional height may have on determining appropriate uses, densities, and built-form for future development. In the interest of maintaining the maximum flexibility for future land uses, it is recommended that the proposed structure be built in accordance with the existing height allowances outlined in the existing zoning (2.5 storeys; 10.5 metres). In addition to the above, it appears that the proposed location for the future detached accessory structure may pose adverse impact on the future development of the lands, such as limiting potential future access points and right of way locations. It is further noted that the requested maximum height of 16.0m exceeds the maximum permitted by the Official Plan and cannot be supported through the minor variance process. It is Planning staff s opinion that an amendment to the Official Plan is required to permit the requested height of 16.0 metres. In considering the collective merit of the requests, Planning Staff are not satisfied that the proposal maintains the general intent and purpose of the Official Plan.

9 Committee of Adjustment March 20, 2019 PDS Page 5 of 7 Does the proposal maintain the general intent and purpose of the Town s Zoning By-law? The subject lands are zoned Development (D) by the Town of Thornbury Zoning By-law The intent and purpose of the Development (D) zone is to implement the policy direction of the Official Plan to preserve future development potential of the lands until such a time that appropriate land uses are determined through a comprehensive secondary plan exercise. New single detached dwellings are permitted to be constructed within the Development (D) zone, without amendment or variance, to a maximum height of 2.5 storeys in accordance with the provisions of Section 13 of the By-law. Detached accessory structures are also permitted on the lands to a maximum height of 4.5m, subject to Section 6.1 of the By-law. General provision 6.3(a) of By-law identifies a maximum permitted height of 10.5m for all buildings and structures within the Town of Thornbury. The general intent and purpose of establishing maximum height provisions is to provide for consistent built-form to achieve the generally low-density, low-height profile, character of the Town of The Blue Mountains, as contemplated by the Official Plan. The Future Secondary Plan Area includes lands which are identified as future urban growth areas for the Town of Thornbury, and while the character of the area has not yet been fully established, future development will necessarily reflect and be consistent with the existing character of the Town. In considering the general character of residential dwelling types in the Town of Thornbury, it is noted that Zoning By-law limits single detached dwelling height to a maximum of 2.5 stories and permits only multi-attached dwelling types, such as apartment buildings, to be a maximum height of 3 storeys or 10.0m. In an effort to maintain flexibility and compatibility of the proposed residential use with a wider variety of uses/dwelling types, it is recommended that the proposed dwelling be constructed in accordance with existing zoning provisions. The general intent and purpose of establishing a maximum height for a detached accessory structure is to ensure that the structure remains accessory and subordinate to the main building/use on the lands. The proposed maximum height of 16.0m does not appear to maintain this intent. Further, the proposed location of the detached accessory structure does not appear to comply with the Accessory Use provisions outlined in under Section 6.1 of the Bylaw. Planning Staff are not satisfied that the proposed variance maintains the intent and purpose of the Zoning By-law. Is the proposal minor in nature? A variance may be considered minor where the scale of the request is marginal and the proposed relief will not result in a greater than minor adverse impact on adjacent properties, uses, or area. On an individual basis, Planning Staff are satisfied that the variance requests to permit a maximum height of three (3) storeys and 11.0m for the future single detached dwelling may be considered minor, as the proposed residential dwelling would be located in such a manner as to provide for substantial buffer distances to adjacent residential uses and the public street to mitigate the impact of the increased height. Further, the future structure is

10 Committee of Adjustment March 20, 2019 PDS Page 6 of 7 proposed to be located in proximity to the drip line of an existing wooded area associated with the on-site watercourse helping to further soften the visual impact of the increased height. However, the variance request to permit a maximum height of 16.0m for the proposed detached accessory structure may not be considered minor due to the scale of the request, non-conformity with the Official Plan, and the potential for visual impact created by the mass of the building. As such, Planning Staff are not satisfied that the collective scale and impact of the proposed variances may be considered minor as the requests exceed the scope and authority of a minor variance and has potential for adverse impact on adjacent properties, uses, and the area. Is the proposal desirable for the development and use of the lands? The proposed single detached residential and accessory uses are permitted on the lands without amendment or variance to the By-law, however, variance from the prescribed maximum height allowances under the Zoning By-law appear to be premature until such a time that the future use of the lands becomes clearer and the full potential for impact of the request may be evaluated. Planning Staff are not satisfied that the proposal is desirable for the development and use of the lands. D. Conclusion This application does not appear to meet the four tests of a minor variance as required by the Ontario Planning Act. However, if the landowner wishes to pursue development of a single detached dwelling and any accessory structures within the current provisions of the Official Plan and the applicable Zoning-Bylaw, Town staff remain available to provide guidance. E. Environmental Impacts No adverse environmental impacts are anticipated as a result of this application. F. Financial Impact No direct adverse financial impacts are anticipated as a result of this application. However, if the Committee s decision is appealed to the Local Planning Appeal tribunal, costs associated with legal counsel, staff time, and materials will be required. G. In consultation with Internal Municipal Departments, public agencies, and the general public as a result of circulation of the Public Notice in accordance with the provisions of the Ontario Planning Act.

11 Committee of Adjustment March 20, 2019 PDS Page 7 of 7 H. Public Engagement The topic of this Staff Report is subject to a Public Hearing taking place on March 20, Those who provide comments at the Public Meeting will receive notice of any decision rendered by the Committee of Adjustments on this matter. I. Attached 1. Applicant s Site Sketch 2. Notice of Public Hearing Respectfully submitted, Travis Sandberg Planner I For more information, please contact: Travis Sandberg planning@thebluemountains.ca extension 283

12 ATTACHMENT 1 PDS.19.34

13 ATTACHMENT 2 PDS File# A Date of this Notice: March 1, 2019 Tax Roll#: Notice of Public Hearing Committee of Adjustment Application for a Minor Variance to the Town of Thornbury Zoning Bylaw #10-77 Property Location: Beaver Street South and 10 th Line, Thornbury Public Meeting: March 20, 2019 at 4:00 PM Town Hall, Council Chambers 32 Mill Street, Thornbury, ON What is being proposed? The proposed variance seeks relief from the provisions of the Town of Thornbury Zoning By-law in order to construct a single detached dwelling and a detached accessory structure (indoor tennis court) on the subject lands. The structures are proposed to be approximately 11.0m and 16.0m in height, respectively, which exceeds the maximum building height permitted by the Zoning By-law. As such, the applicant has requested the following relief from the provisions of Zoning By-law 10-77: 1) To permit a maximum height of three (3) storeys for a Single Detached Dwelling, whereas Section 13.2(a) permits a maximum height of 2.5 storeys in the Development D zone; 2) To permit a maximum height of 16.0m for a Detached Accessory Structure (indoor tennis court), whereas Section 6.1(iv) permits a maximum height of 4.5m for accessory structures; and 3) To permit maximum building height of 11.0m and 16.0m for a Single Detached Dwelling and a Detached Accessory Structure, respectively, whereas Section 6.3(a) permits a maximum building height of 10.5m for all structures. The legal description of the subject lands is Town Plot Park Part Lot 13 to Part Lot 15 Alfred, Park Part Lot 15 Napier, Part 3 Registered Plan 16R-503, Less Park of Part Lot 13, Registered Plan 16R What happens at the Public Hearing? The public hearing is your chance to make your views about the proposal known. Information from the public will help the Committee in their decision making process, so make sure to have your say! Where do I find more information? Additional information is available during regular office hours in the Planning Division of the Planning & Development Services Department at Town Hall. You may also request a copy of this notice by contacting: Lori Carscadden Secretary-Treasurer, Committee of Adjustment Town of The Blue Mountains 32 Mill Street, PO Box 310 Thornbury, ON N0H 2P0 Phone: (519) ext.263 Toll Free: (888) Fax: planning@thebluemountains.ca A note about information you may submit to the Town: Under the authority of the Municipal Act, 2001 and in accordance with Ontario's Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), all information provided for, or at a Public Meeting, Public Consultation, or other Public Process are considered part of the public record, including resident deputations. This information may be posted on the Town s website, and/or made available to the public upon request. Questions? Ask the Planner! Travis Sandberg, Planner 1 Phone: (519) ext. 283 or Toll Free (888) planning@thebluemountains.ca A key map and site sketch are provided on Page 2 of this Notice. This document can be made available in other accessible formats as soon as practicable upon request.

14 Applicant s Site Plan Sketch SUBJECT LANDS Proposed Building Setback Sketch

15 Attachment #3 PDS.19.43

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