Township of Howick Special Meeting Agenda Tuesday August 7, 2018 at 5 pm Howick Council Chambers

Transcription

1 1. Call to Order Township of Howick Special Meeting Agenda Tuesday August 7, 2018 at 5 pm Howick Council Chambers 2. Public Meeting - to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act affecting the lands described as Pt Lot 26, Concession 13 (45742 Salem Road) - report from Planner Jenn Burns, Huron County Planning & Development 3. Acceptance of Agenda (motion to approve) 4. Declaration of Pecuniary Interest and the General Nature Thereof 5. Planner Jenn Burns - Howick Official Plan 5 year review report - correspondence from Marion Duke, Brian Kuepfer 6. By-laws - By-law , amend zoning Pt Lot 26, Conc 13 (45742 Salem Rd) - By-law , Jensen Municipal Drain Improvement 2018 (3 rd & final reading) 7. Adjournment - By-law , confirm the actions of Council - motion to adjourn If any member of the public would like more information on an agenda item please contact the Clerk s office at or clerk@howick.ca, alternative formats of this publication available upon request Howick: a strong, independent, healthy, rural community. Proud to be different.

2 ZBA No. 9/ Bowman NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED AMENDMENT TO THE HOWICK ZONING BY-LAW AFFECTING THE TOWNSHIP OF HOWICK TAKE NOTICE that Council of the Township of Howick will hold a public meeting on August 7, 2018 at 5 pm in the Council Chambers of the Township of Howick municipal office, Harriston Rd, Gorrie to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 1990, as amended. BE ADVISED that the Council of the Corporation of the Township of Howick considered this application to be complete on July 10, ANY PERSON may attend the public meeting and/or make written or verbal representation either in support or in opposition to the proposed official plan amendment and 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 Howick before the by-law is passed, the person or public body is not entitled to appeal the decision of the Township of Howick to the Local Planning Appeal Tribunal (LPAT). IF a person or public body does not make an oral submission at a public meeting or make written submissions to the Township of Howick 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 LPAT unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF you wish to be notified of the decision of the Township of Howick on the zoning bylaw amendment, you must make a written request to the Township of Howick at the address listed below. ADDITIONAL INFORMATION relating to the proposed by-law amendment is available for inspection during regular office hours at the Township of Howick, Municipal Office, Harriston Rd, Gorrie and the Huron County Planning and Development Department, 57 Napier Street, 2 nd floor, Goderich ( ext. 3). Dated at the Township of Howick this 17 th day of July, 2018 PURPOSE AND EFFECT Carol Watson, Clerk Township of Howick, Harriston Rd, Gorrie N0G 1X0 (519) This application proposes to rezone part of Lot 26 Concession 13 (45742 Salem Road) from AG1 (General Agriculture) to AG1-20 (General Agriculture- Special Provision). The rezoning will allow for the continued use and expansion of the existing home industry (wood shop) on the subject property. The rezoning will allow for the home industry to have a maximum floor area of 12,000 ft 2 (1115 m 2 ) for all related buildings and employ a maximum of five employees plus the owner. The property is 100 acres (40 ha), the area subject to the rezoning is approximately 25 acres (10 acres) and contains a residence, woodshop, barn and shed.

3 THE CORPORATION OF THE TOWNSHIP OF HOWICK DRAFT BY-LAW WHEREAS the Municipal Council of the Corporation of the Township of Howick considers it advisable to amend Howick Zoning By-law , as amended, of the Corporation of the Township of Howick; and NOW THEREFORE the Council of the Corporation of the Township of Howick ENACTS as follows: 1. This by-law shall apply to part of Lot 26 Concession 13, Township of Howick, and is comprised of Schedules By-law is hereby amended on Zoning Map North East Howick by changing the zone symbol from AG1 (General Agriculture) to AG1-20 (General Agriculture- Special Provision) for the land so identified on the attached Schedule Section of By-law is hereby amended by the addition of the following: AG1-20 Notwithstanding the provisions of Section 2.98 and Section 4.2 to the contrary, in the area zoned AG1-20, the combined maximum floor area of all buildings related to the home industry shall not exceed 12,000 ft 2 (1115 m 2 ). A maximum of five full-time or full-time equivalent employees plus the owner are permitted. All other applicable provisions of By-law shall apply. 4. Key Map North East Howick, By-law is hereby amended as shown on the attached Schedule 3 of this by-law. 5. All other provisions of By-law shall apply. 6. This by-law shall come into force pursuant to Section 34(21) of the Planning Act, RSO 1990, as amended. READ A FIRST TIME ON THE DAY OF, READ A SECOND TIME ON THE DAY OF, READ A THIRD TIME AND PASSED THIS DAY OF, Art Versteeg, Mayor Carol Watson, Clerk

4 SCHEDULE 1 CORPORATION OF THE MUNICIPALITY OF HOWICK BY-LAW By-law has the following purpose and effect: 1. This application proposes to rezone part of Lot 26 Concession 13 (45742 Salem Road) from AG1 (General Agriculture) to AG1-20 (General Agriculture- Special Provision). The rezoning will allow for the continued use and expansion of the existing home industry (wood shop) on the subject property. The rezoning will allow for the home industry to have a combined maximum floor area of 12,000 ft 2 (1115 m 2 ) for all related buildings and employ a maximum of five employees plus the owner. The property is 100 acres (40 ha), the area subject to the rezoning is approximately 25 acres (10 acres) and contains a residence, woodshop, barn and shed. 2. This by-law amends the Township of Howick Zoning By-law All other zone provisions apply. 3. The location map and key map showing the location to which this by-law applies are found on the following pages and are entitled Schedule 2 & Schedule 3.

5 SCHEDULE 2 THE CORPORATION OF THE TOWNSHIP OF HOWICK DRAFT BY-LAW

6 SCHEDULE 3 THE CORPORATION OF THE TOWNSHIP OF HOWICK DRAFT BY-LAW

7 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: Ext. 3 Fax: Toll Free: Ext. 3 To: Township of Howick From: Elizabeth Nakashima, Student Planner & Jennifer Burns, Planner Date: August 2 nd, 2018 Re: Zoning By-law Amendment Z09-18 Concession 13, Lot 26, Township of Howick (45742 Salem Road) Owner/Applicant: Dennis & Brenda Bowman RECOMMENDATION It is recommended that the zoning by-law amendment application Z09-18 be approved. PURPOSE AND EFFECT This application proposes to rezone part of Lot 26 Concession 13 (45742 Salem Road) from AG1 (General Agriculture) to AG1-20(General Agriculture- Special Provision). The rezoning will allow for the continued use and expansion of the existing home industry (wood shop) on the subject property. The Special Zone recognizes approximately 25 acres (10 hectares) located at the front (south portion) of the property. AGENCY/PUBLIC COMMENTS Not Received Municipal Staff Maitland Valley Conservation Authority Neighbours No Concerns Comments Not submitting formal comments as the Natural Environment zoning is not proposed to change. Planning with the community for a healthy, viable and sustainable future.

8 ZBLA Bowman Page 2 of 4. August 1 st, 2018 Figure 1 Air Photo of Subject Property (yellow= entire property, blue= area subject to rezoning)

9 ZBLA Bowman Page 3 of 4. August 1 st, 2018 Figure 2: Proposed Site Plan COMMENTS The rezoning will allow an existing home industry to expand to have a maximum floor area of 12,000 ft 2 (1115 m 2 ) for all related buildings. The business will be permitted to employ a maximum of five full-time employees plus the owner. The property is 100 acres (40 hectares), the area subject to the rezoning is approximately 25 acres (10 hectares) and contains a residence, woodshop, barn and shed see Figure 1. The applicant is requesting the zoning of the property be changed to accommodate for the growth of an existing home industry. A site sketch was submitted to show the existing buildings and proposed expansion. The proposed addition will not remove a significant amount of agricultural land from production and as a result, the current agricultural use of the property will not be impacted under the proposed new zone. The AG1 zone provisions in the Howick Zoning By-law recognizes home industries as a permitted use and the definition of Home Industry includes carpentry and woodworking. However, current zoning allows for a maximum of two employees; the proposed rezoning would allow for an additional three employees (totaling five employees plus the owner). The rezoning will limit the floor area for all structures related to the home industry to a combined total of 12,000 ft 2 (1115 m 2 ). The applicant has current plans to expand from 4800 ft 2 to 9600 ft 2, however is requesting a maximum floor area of 12,000 ft 2 to allow for expansion in the future. The applicant has acknowledged that if the operation is slated to expand in excess of 12,000 ft 2, he would be looking for a more suitable location off of his home farm. The expansion is to the

10 ZBLA Bowman Page 4 of 4. August 1 st, 2018 rear of the existing shop (see Figure 2) and to the rear of the house. Farm buildings typical in the area tend to be of similar size and location in relation to the primary dwelling on a property. This application is in keeping with the character of the area. There are no proposed changes to the entrances and no additional entrances are required. Based on the submitted site sketch and a site visit, it is not anticipated that the proposal will conflict with the rural character of the community. The 2014 Provincial Policy Statement (PPS) identifies the protection of prime agricultural land for long term agricultural use as a priority. The additional workspace in the woodshop will not impact farm production and will not be removing any utilized agricultural lands. The PPS allows for on-farm diversified uses which includes home industries. No additional relief from the zoning by-law was applied for as a result of this application and as demonstrated on the site sketch, the proposal will comply with all other Howick Zoning By-law provisions. Upon review of the owner s application and site sketch, this application is consistent with the PPS and complies with the Howick Zoning By-law. The Howick Official Plan Section 3.D.8. speaks to Home Occupations and Home Industries. It states that On-Farm Business activities that are compatible with the area and secondary to the agricultural practices will be encouraged. The proposed addition to the woodshop would be a secondary use to the agricultural and residential usage on the property. The Huron County Official Plan and the Howick Official Plan promote the increase of entrepreneurial activity in the region. The Economic Goals of the Howick Official plan include Section 13.C.8, which speaks to the fostering of entrepreneurship, and Section 13.C.10, which speaks to the support of all sectors of the economy for the creation of jobs. The proposed development supports the continuing expansion of an existing and successful business in Huron County and meets the goal of job creation. The goal of promoting and maintaining the long term future of agriculture and economic development in Howick is evident in this proposed rezoning as the property is still predominantly agriculture with a small portion of land being dedicated to a growing successful Home Industry. The 100 acre property has not removed any utilized agricultural lands and has also increased economic development in Howick, while maintaining the rural character of the community. Overall, this rezoning conforms to the Howick Official Plan and the Huron County Official Plan and supports the future goals of both communities. The Maitland Valley Conservation Authority commented to say that they will not be submitting formal comments as the area of the property currently zoned NE1 (Natural Environment- Limited Protection) is not proposed to change. No comments or concerns were raised by Township staff or received by neighbours at the time of writing this report. It is recommended that the proposed by-law amendment Z09-18 be approved. Please note this report is prepared without the benefit of input from the public as may be obtained through the public meeting. Council should carefully consider any comments and/or concerns expressed at the public meeting prior to making their decision on this application. Sincerely, Jennifer Burns, Planner Elizabeth Nakashima, Student Planner

11 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: Ext. 3 Fax: Toll Free: Ext. 3 To: Township of Howick Reeve Versteeg and Members of Howick Council From: Jenn Burns, Planner and Denise Van Amersfoort, Senior Planner Date: August 1, 2018 Re: Howick Official Plan Five Year Review, Council Update This report is provided for the purpose of providing an update on the Howick Official Plan Five Year Review process. RECOMMENDATION: Council provide direction to schedule the Public Meeting on September 4/18, Comments: On June 21, 2018, Howick Council reviewed the first draft of the Official Plan Five Year Review and initiated public consultation sessions. Open houses were held and this report provides an overview of the comments received, amendments proposed to mapping and policy, and process moving forward. A three-day public consultation process was held on July 24, 25 and 26 th at the Howick Township office. Daily, from 9am-12pm, Planners were available for private appointments with members of the public to discuss property-specific questions relating to the Official Plan Review process; seventeen (17) appointments were booked. During the afternoons, from 1pm-4pm and during the evening on the 25th, the public consultation took the form of an open house where draft materials were available for review and Planners were available to discuss questions on a drop-in basis. Approximately 75 landowners attended the drop in session. A consultation session with the Old Order community and their private Planner was held on Wednesday, July 25 th ; the focus of this meeting was to discuss the ability to create smaller parcels. This session was well attended with twenty (20) participants. Numerous phone calls and s were received. Planning staff are following up with landowners with property specific inquiries. Howick residents also dropped into the Township office to review proposed changes and mapping. Township staff fielded numerous phone calls and inquiries. In total, approximately two hundred (200) landowners participated during the week-long public consultation. Planning with the community for a healthy, viable and sustainable future.

12 Howick Official Plan Review Page 2 of 3 August 1, 2018 General Feedback Overall, the draft amendment was well received. Notification of the Official Plan Review process was mentioned by numerous attendees. Many landowners noted that they appreciated the letter from the Township and felt that this was a more effective way of communicating the information to the public. The changes to the Official Plan mapping as a result of the County Natural Heritage Plan were well received. The changes include both additions and deletions of Natural Environment designations. Very few specific policy changes were requested. The Old Order community did not make a specific request but generally, would be supportive of smaller lot sizes. The Planning Department has identified some further research needs related to this request and will continue to work with the Planner hired by the community. At this time, the Planning Department is not in a position to recommend in favour of lots smaller than the current minimum of 75 acres in Howick. Several landowners raised questions regards to municipal drains and rural floodplain mapping. Site-Specific Issues Over the next month, Planning staff will be reaching out to each of the landowners with site-specific concerns. Further consultation will include providing site-specific mapping, amending the proposed mapping if necessary and site visits if required. It is hoped that each of these concerns will able to be resolved prior to the public meeting. If a resolution is not possible, each landowner will have the opportunity to present their concerns to Council at that time. Policy Questions/Amendments since Council Workshop - Added natural hazards including to Recreational properties around Lakelet including the Girl Guide Camp and Driftwood Beach. *map to be presented at August 7 meeting. - Added Maitland Valley Conservation Authority (MVCA) Flood Hazard mapping to areas that were previously deleted from a Natural Heritage perspective. Timeline Date July 24, 25, 26 August 2018 September 2018 October 2018 November 2018 December 2018 Event/Action Public Consultation (Open House) Revise draft amendment based on input from agencies and public. The goal would be to resolve any concerns from the public or agencies during this time so that Council is able to adopt the Plan following the public meeting. Public meeting to present proposed OPA and receive public presentations to Council. Council adoption of by-law to amendment OP. Clerk circulates notice of adoption to the County of Huron, required agencies, and anyone who requested notice of adoption. (Notice of adoption must be circulated within 15 days of passing the by-law) County Committee of Whole Day 1 reviews OPA and makes recommendation to County Council. County Council makes decision on OPA to either: - approve / deny / approve with modifications / defer Appeal period on decision of County Council ends and the OPA comes into force if approved and no appeals. (Appeal period is 20 days from when notice of decision is given.)

13 Howick Official Plan Review Page 3 of 3 August 1, 2018 I will be present at the August 7 th Special Council meeting should Council have any questions about the process. Sincerely, Jennifer Burns, Planner Denise Van Amersfoort, Senior Planner

14

15

16

17

18

19

20