The Corporation of the Township of Otonabee-South Monaghan. Public Meeting - Section 34 Zoning By-law Amendment. Re: Averton. Monday, June 6:00pm

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1 The Corporation of the Township of Otonabee-South Monaghan Public Meeting - Section 34 Zoning By-law Amendment Re: Averton Monday, June 6:00pm Council Chambers, Municipal Office - Keene Page 1. CALL TO ORDER 2. CAO - Opening Remarks 3. PLANNING - Notices & Reports 2-6 a) Averton - Public Meeting Notice Part of Block B and all of Block C, Plan No. 21 (Otonabee); Designated as Part 1, Plan 45R14088, Part Lots 20 & 21, Concession 16, Otonabee Ward - Matchett Line, Property No (See Notice for details of proposed Zoning By-law Amendment b) Jamie Duguay, Planning Technician - Averton ZBA Report c) David McKay, MHBC - (Averton Consultant) - Presentation PUBLIC & AGENCY COMMENTS/SUBMISSIONS a) Agency Comment - Averton - Parks Canada b) Agency Comment - Averton - ORCA c) Agency Comment - Averton - Hiawatha First Nation d) Agency Comment - Averton - City of Peterborough 5. COUNCIL MOTION 6. ADJOURNMENT Page 1 of 37

2 Agenda Item # 3a) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA TOWNSHIP OF OTONABEE-SOUTH MONAGHAN AMENDED NOTICE FOR NOTICE OF COMPLETE APPLICATION AND NOTICE OF PUBLIC MEETING CONCERNING AN APPLICATION FOR A ZONING BY-LAW AMENDMENT (AVERTON HOMES CONDOMINIUM) TAKE NOTICE that the Council of the Corporation of the Township of Otonabee-South Monaghan has received a complete application for an amendment to Comprehensive Zoning By-law No of the Township of Otonabee-South Monaghan, and is notifying the public in accordance with Section 34 of the Planning Act. AND TAKE NOTICE that the Council of the Corporation of the Township of Otonabee-South Monaghan will hold a public meeting on Monday, June 20, 2016, at 6:00 p.m. at the Township Office, 20 Third Street in Keene, to consider a proposed Zoning By-law Amendment under the provisions of the Planning Act. Location of the Subject Lands The lands subject to this By-law consist of Part of Lots 20 and 21, Concession 16, Part of Block B and all of Block C, Plan No. 21, designated as Part 1 45R14088, Geographic Township of Otonabee, Township of Otonabee-South Monaghan. A Key Map is attached, showing the location of the subject lands. The key map shows the entire property, although the proposed amendment would only apply to a portion of the lands. Purpose and Effect of the Zoning By-law Amendment The subject property is currently zoned Rural Residential-18 Holding (RR-18-H), Open Space-4 Holding (OS-4-H), Open Space-5 Holding (OS-5-H) and Environmental Protection (EP) in By-law No of the Township of Otonabee-South Monaghan. The purpose of the Zoning By-law Amendment is to rezone a portion of the lands described as Part of Lots 20 & 21, Concession 16, Part of Block B and all of Block C in the Township of Otonabee-South Monaghan from Rural Residential 18 Holding (RR-18-H) Zone, Open Space 4 Holding (OS-4-H) Zone, and Open Space 5 Holding (OS-5-H) Zone to Rural Residential 18 Holding (RR-18-H) Zone. The amendment incorporates into the RR-18-H zone, all of the permitted uses previously incorporated into the Open Space exception zones. A map schedule showing the lands zoned OS-4-H and OS-5-H being rezoned to RR-18-H is attached. In addition to the map schedule changes, the Rural Residential-18 (RR-18) Zone text would be replaced with the following provisions under Section : a) Permitted Uses: (i) (ii) (iii) single detached dwelling a bed and breakfast establishment a group home 1 Averton - Public Meeting Notice Part of Block B and all of Block C, Page 2 of 37

3 Agenda Item # 3a) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) a home occupation a private or public park a private club associated with a condominium development Conservation use Storm Water Management Facilities Water Treatment Plants Sewage Pumping Stations Tile Field / Sanitary Sewage Facilities Marine facilities Parking areas accessory to a marine facility Model Homes and/or Temporary Sales Office Trailer subject to the provisions of b) The following regulations shall apply to a single detached dwelling: (i) Minimum lot area: 720 sq m (ii) Minimum lot frontage: 17 m (iii) Maximum building area: 40% (iv) Maximum building height: 11.0 m (v) Minimum front building setback: 7.0 m (vi) Minimum building setbacks (interior side): 1.5 m (vii) Minimum building setback (exterior): 9.0 m (viii) Minimum building setback (rear): 6.0 m (ix) Ground floor area (minimum): 93.0 sq m (x) Landscaping area (minimum): 30% c) The following regulations shall apply to a private club: (i) Minimum lot area: 3,000 sq m (ii) Minimum lot frontage: 20 m (iii) Maximum building area: 25% (iv) Maximum building height: 9.0 m (v) Minimum front building setback: 6.0 m (vi) Minimum building setbacks (side): 6.0 m (vii) Minimum building setback (exterior): 6.0 m (viii) Minimum building setback (rear): 6.0 m (ix) Landscaping area (minimum): 30% (x) Parking required: 1 space per 37 sq m of net floor area (xi) Maximum number of private club buildings: 1 only The RR-18 zone provisions have also been appended to provide for Model Homes and a Temporary Sales Office prior to the lifting of the Hold Zone. The Zoning By-law Amendment does not affect the existing Environmental Protection (EP) zone on the subject lands. 2 Averton - Public Meeting Notice Part of Block B and all of Block C, Page 3 of 37

4 Agenda Item # 3a) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA Additional Applications The property is subject to a Draft Plan of Condominium approved by the Ontario Municipal Board under Order No. PL The Draft Plan has been revised to reflect the adjusted layout for the 130 sites. No changes have been made to the number of sites approved by the Ontario Municipal Board or the environmental protection area. The OMB is the approval authority for the draft plan (File No. 15CD-09001). 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 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 proposed 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 proposed Zoning 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 add the person or public body as a party. If you wish to be notified of the adoption of the proposed Zoning By-law Amendment, or of the refusal of a request to amend the Zoning By-law, you must make a written request to the Township of Otonabee-South Monaghan at the address given below. Information Additional information relating to the proposed Zoning By-law Amendment (including a copy of this notice and the proposed Zoning By-law Amendment) is available to the public for inspection at the Township office in Keene during regular office hours or on the Township website - under Upcoming Public Meetings. Dated at the Township of Otonabee-South Monaghan this 30th day of May, 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 Averton - Public Meeting Notice Part of Block B and all of Block C, Page 4 of 37

5 Agenda Item # 3a) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA Subject Property Key Map of Subject Lands - Averton Homes 4 Averton - Public Meeting Notice Part of Block B and all of Block C, Page 5 of 37

6 Agenda Item # 3a) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA Schedule A Rezoning - Averton Homes 5 Averton - Public Meeting Notice Part of Block B and all of Block C, Page 6 of 37

7 Agenda Item # 3b) REPORT TO: FROM: Reeve Nelson & Council Jamie Duguay, Planning Technician DATE: June 20, 2016 SUBJECT: Averton (formerly Beaverbrook) Condominium on Matchett Line Zoning By-law Amendment BACKGROUND In 2011, the Ontario Municipal Board (OMB) approved Averton Homes (formerly Beaverbrook) applications for an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Condominium for the creation of 130 residential units on a property located within the Township of Otonabee- South Monaghan. The development will include a communal water treatment plant and sewage pumping station to be owned by the Condominium Corporation under a Responsibility Agreement with the Township. The development will also include greenspaces, a passive park on the waterfront with trails and a boardwalk, a boat launch, a club house, an internal private road network, tile field and stormwater management areas. It should be noted that the above mentioned aspects of development including the creation of 130 residential units have already been approved by the Board and are not the subject of this report which relates to the current proposed Zoning By-law Amendment (ZBA). Due to detailed engineering reviews, there have been modifications made to the lot fabric which has altered the private road network and introduced new greenspace and additional pedestrian walkways. This reconfiguration of the lots has initiated the ZBA which will reflect these modifications, as well as address the permitted uses and provisions within the RR-18 zone classification. SUBJECT LANDS AND SURROUNDING AREA The Averton property consists of Part of Lots 20 and 21, Concession 16, Part of Block B and all of Block C, Plan No. 21, designated as Part 1 45R14088, Geographic Township of Otonabee, Township of Otonabee-South Monaghan. However, the proposed ZBA will only apply to the approved development area on the subject lands located outside of the Environmental Protection zone. Jamie Duguay, Planning Technician - Averton ZBA Report Page 7 of 37

8 Agenda Item # 3b) Surrounding lands to the north include an unopened road allowance (potential east-west transportation corridor), open fields, then several Rural Residential lots and Driscoll cottages along the Otonabee River. To the northeast is the area annexed to City of Peterborough which is scheduled for urban development. Prime agricultural lands are located on the east side of Matchett Line. Immediately east of a portion of the Averton lands, fronting on west side of Matchett Line are three Rural Residential lots, including a recent severance from the Barrett property. South of the property consists of rural lands with fields and farm dwellings. Further south is the Matchett Meadows subdivision approximately half a kilometre away. Several development related inquiries have been received regarding the vacant lands between Averton and the existing subdivision as the west side of Matchett Line is designated Shoreline. This designation permits both residential and non-residential development. Immediately west of the lands subject to the ZBA is the Environmental Protection area along the Otonabee River. The Peterborough Airport is approximately 2 kms southwest of the development on the west side of the Otonabee River in the Township of Cavan Monaghan. PURPOSE OF APPLICATION The subject property is currently zoned Rural Residential-18 Holding (RR-18-H), Open Space-4 Holding (OS-4-H), Open Space-5 Holding (OS-5-H) and Environmental Protection (EP) in By-law No of the Township of Otonabee-South Monaghan. The purpose of the Zoning By-law Amendment is to address modifications made to the lot fabric, simplify the zoning on the property and address the permitted uses and provisions of the RR-18 zone. The ZBA would incorporate the OS-4-H and OS-5-H zones to be encompassed within the RR-18-H zone. Currently, the OS-4-H zones relate to the parkland blocks of the Plan. When the sites were reconfigured, modifications were made to the parkland blocks and a new parkland area was created. As a private park is permitted within a Rural Residential zone, it was not deemed necessary to segregate the lands to their own zone. Jamie Duguay, Planning Technician - Averton ZBA Report Page 8 of 37

9 Agenda Item # 3b) The OS-5-H zones provide for the sewage and water treatment services, tile field, stormwater management areas and the clubhouse. Since the OMB approved Draft, there have been relatively minor modifications made to these areas. Since all of these services and uses have been accommodated in the overall RR-18 zoning classification, it was agreed that it was not necessary for the lands to be zoned otherwise. The Holding (H) symbol on the zones are in effect until the lifting of the Hold, when the requirements set by the OMB which include the Condominium Agreement and the Responsibly Agreement with the Township have been met. The H symbols on the OS zones and their requirements for the lifting of the hold will still be in effect under the RR- 18-H zone. The previous approval from the OMB included permitted uses in the RR-18 zone that would not be compatible within a residential condominium, such as a Home Industry, which has been omitted from the proposed ZBA. Converted Dwellings have also been removed from the list of permitted uses as they would not conform to the Township s Official Plan. There was a lack of provisions to allow for model homes or a temporary sales office to be located on the property. The proposed ZBA has included model homes and/or a temporary sales office as a permitted use in the RR-18 zone and must comply with certain regulations which control the number, duration and location of such use. There will be absolutely no changes to the Environmental Protection zone on the property. PLANNING JUSTIFICATION The following excerpts will reference applicable Provincial and Municipal planning documents to validate the proposed Zoning By-law Amendment. Although there are numerous planning policies to support the development as a whole, this planning analysis will attempt to focus on how the ZBA meets the expectations set out by the Province and Local Planning Authorities. Provincial Policy Statement (2014) Policy describes how healthy, livable and safe communities are sustained and more specifically ( ) how rural municipalities support integrated and viable rural areas. This can be achieved by promoting efficient development with standards that minimize land consumption and servicing costs, by accommodating a range of land uses and by having concern for public and environmental health and safety. Jamie Duguay, Planning Technician - Averton ZBA Report Page 9 of 37

10 Agenda Item # 3b) The Zoning By-law Amendment will promote the efficient use of rural infrastructure and public service facilities by having fully serviced lots privately maintained by the Condominium Corporation. The ZBA will continue to integrate a variety of uses on the subject property including recreation, open spaces, environmental and residential land uses. Regard for environmental health is maintained, as the proposed ZBA does not impact protected lands on the property. Growth Plan for Greater Golden Horseshoe (2006) To manage growth as per Section of the Growth Plan, intensification is used as a tool and should be facilitated and promoted by municipalities (2.2.3) (6.f). While the Growth Plan policies are intended to apply largely to settlement areas, under Section (3) municipalities may be allowed to permit this type of development in rural areas that have approved zoning or designation in their Official Plan. The lands to be developed are in the Shoreline designation which permits residential growth. Where new private water and wastewater systems need to be constructed, the services are to serve growth in a way that supports the Municipality in reaching their intensification and density targets (3.2.5) (4.b). Narrowing down the lot fabric and creating dense residential lots with full services is consistent with the principles of the Growth Plan that favour dense development. Peterborough County Official Plan The development conforms with Section 4.4 of the Plan which relates to Shoreland Areas and the Waterfront, and the ZBA application does not alter its conformity to this section. Official Plan The lands subject to the ZBA are designated in the Township s Official Plan as Shoreline with a Special Policy area which relates to the requirements for private communal servicing of those lands subject to a proposed draft plan of condominium. The Official Plan Amendment for these lands was approved by the OMB in their 2011 decision and the proposed ZBA conforms with Shoreline policies in Section 5.4 of the Township Official Plan. Jamie Duguay, Planning Technician - Averton ZBA Report Page 10 of 37

11 Agenda Item # 3b) Zoning The zoning on the property as previously mentioned consists of OS-4-H, OS-5-H, RR- 18-H and EP with the ZBA proposing to include all OS zones within the RR-18-H zone, with no changes to EP zone. For comparative and analytical purposes, the table below presents zoning provisions within Hamlet Residential classifications under the Comprehensive Zoning Bylaw which are similar to the provisions under the RR-18 zone classification. While the zone classification is Rural Residential, the Averton Residential Condominium as approved by the OMB to be on full services, is comparable to a plan of subdivision within a settlement area. It can be confirmed that the proposed ZBA is consistent with similar developments in the Hamlet Residential zone. The changes from the 2011 OMB approved zoning provisions are minimal with what is currently being presented. Special Regulation Hamlet Residential- Single Detached Averton OMB 2011 Averton ZBA 2016 Minimum Lot Area 450 sq. m 720 sq. m 720 sq. m Minimum Lot 15 m 19 m 17 m Frontage Maximum Building 40% 35% 40% Area Maximum Building 11 m 11 m 11 m Height Minimum front 7.5 m 7 m 7 m building setback Minimum building 3 m 3 m 1.5 m setback(interior) Minimum building m 9 m setback(exterior) Minimum building m 6 m setback(rear) Ground Floor Area 93 sq. m 93 sq. m 93 sq. m (Minimum) Landscaping area (minimum) 30% 30% 30 % Table 1. Hamlet Residential Zoning Provisions -Comparison to Averton Residential Condominium Jamie Duguay, Planning Technician - Averton ZBA Report Page 11 of 37

12 Agenda Item # 3b) CORRESPONDANCE & SUBMISSIONS Since the Notice of Complete Application and Public Meeting for the ZBA has been circulated, there have been written submissions to the Township related to the application. Parks Canada has addressed their concerns with regards to the Provincially Significant Wetland (PSW) in the area and related buffer zone. There are no PSW s in close proximity to the area of development. There is a local wetland. This wetland and its buffer located in the EP zone on the property is not subject to any changes in the proposed ZBA. The planner on this file has reached out to Parks Canada to confirm that the proposed changes will not impact the EP zone. When necessary, development approvals/permits will need to be obtained from Parks Canada. Hiawatha First Nation has submitted their concerns with Species at Risk, potential damage to the river, archaeological findings and potential disruption to the ecosystem. Draft Plan Condition Nos. 15 to 19 outline the environmental requirements as required by the OMB. Draft Plan Condition No. 24 is in relation to Archaeological clearances, including study submission to Hiawatha. The planner on file has reached out to Hiawatha First Nation to make them aware that the Averton was previously circulated as Beaverbrook and to provide various reports and documents. ORCA has submitted that they have no concern with the application as there will be no changes to the EP zone. One resident attended the Public Open House on April 28 th, 2016 and made comments regarding the development which is adjacent to their property. The property owner has been contacted by the planner in an attempt to resolve the concerns. The proposed ZBA would going forward, allow for the flexibility to accommodate small adjustments without having to initiate rezoning. CONCLUSION The Zoning By-law Amendment as currently presented will simplify the zoning on the property and will reflect appropriate permitted uses and general provisions of the zone. The application reflects the intent of the PPS, Growth Plan and Township Official Plan as well as being consistent with the OMB decision for 130 residential lots. Jamie Duguay, Planning Technician - Averton ZBA Report Page 12 of 37

13 Agenda Item # 3b) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA 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, 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 Lots 20 and 21, Concession 16, Part of Block B and all of Block C, Plan No. 21, designated as Part 1 45R14088, former Township of Otonabee, in the Township of Otonabee-South Monaghan, in the County of Peterborough. WHEREAS By-law No was passed under the authority of Section 34 of the Planning Act, R.S.O. 1990, 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 Corporation 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, as amended; NOW THEREFORE the Council of the Corporation of the Township of Otonabee-South Monaghan hereby enacts as follows: 1. THAT the lands subject to this By-law consist of Part of Lots 20 and 21, Concession 16, Part of Block B and all of Block C, Plan No. 21, designated as Part 1 45R14088, Geographic Township of Otonabee, Township of Otonabee- South Monaghan, as more particularly shown on Schedule "A" attached to this By-law. 2. THAT Zone Map No. 3 of Schedule "A" of Zoning By-law , as amended, is hereby further amended by changing the zone symbol on the lands described in Part 1 above from the Rural Residential -18 Holding (RR-18-H) Zone, Open Space 4 Holding (OS-4-H) Zone, Open Space 5 Holding (OS-5-H) Zone to Rural Residential -18 Holding (RR-18-H) Zone in accordance with Schedule A attached hereto and forming part of this By-law. 1 Jamie Duguay, Planning Technician - Averton ZBA Report Page 13 of 37

14 Agenda Item # 3b) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA THAT Section 7, Rural Residential (RR) Zone, is amended by the deletion of Section and replacing it with the following new Section : Rural Residential-18 (RR-18-H) Zone (Part of Lots 20 and 21, Con. 16, Part of Block B and all of Block C,) Notwithstanding any other provisions of this By-law to the contrary, within the Rural Residential-18 (RR-18) Zone the following provisions shall apply: a) Permitted Uses: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) single detached dwelling a bed and breakfast establishment a group home a home occupation a private or public park a private club associated with a condominium development Conservation use Storm Water Management Facilities Water Treatment Plants Sewage Pumping Stations Tile Field / Sanitary Sewage Facilities Marine facilities Parking areas accessory to a marine facility Model Homes and/or Temporary Sales Office subject to the provisions of (d) b) The following regulations shall apply to a single detached dwelling: (i) Minimum lot area: 720 sq m (ii) Minimum lot frontage: 17 m (iii) Maximum building area: 40% (iv) Maximum building height: 11.0 m (v) Minimum front building setback: 7.0 m (vi) Minimum building setbacks (interior side): 1.5 m (vii) Minimum building setback (exterior): 9.0 m (viii) Minimum building setback (rear): 6.0 m (ix) Ground floor area (minimum): 93.0 sq m (x) Landscaping area (minimum): 30% c) The following regulations shall apply to a private club: (i) Minimum lot area: 3,000 sq m (ii) Minimum lot frontage: 20 m (iii) Maximum building area: 25% (iv) Maximum building height: 9.0 m 2 Jamie Duguay, Planning Technician - Averton ZBA Report Page 14 of 37

15 Agenda Item # 3b) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA (v) Minimum front building setback: 6.0 m (vi) Minimum building setbacks (side): 6.0 m (vii) Minimum building setback (exterior): 6.0 m (viii) Minimum building setback (rear): 6.0 m (ix) Landscaping area (minimum): 30% (x) Parking required: 1 space per 37 sq m of net floor area (xi) Maximum number of private club buildings: 1 only d) Uses Permitted Prior to the Lifting of the H (in addition to existing uses) (i) Model homes are permitted provided there is compliance with the following regulations: 1) draft plan approval for a vacant land plan of condominium ( draft plan approval ) has been issued by the approval authority for the lands upon which the model home is to be constructed; 2) the number of model homes does not exceed 10; 3) the model home is constructed within the boundaries of a proposed unit shown on the draft approved plan and would conform and comply with the regulations of the zoning that will apply to such unit when it is created (i.e. finally approved and shown on the registered plan); 4) the owner of the land has entered into a model home agreement with the Township which, among other things, includes provisions/conditions: a) specifying the period of time during which the model home shall be permitted to exist, and b) providing for the removal or conversion of the model home after expiry of the temporary period of time; c) security for the foregoing removal or conversion; d) wherein the Owner agrees that it will not permit or cause to be permitted any occupancy of the model home except as a model home and where applicable a model home sales office. (ii) A permitted model home may also be used as a Model Home Sales Office in relation to dwelling units as proposed for construction and sale on the lands subject to the Draft Plan of Condominium, provided that only one such permitted model home per draft plan approval may be used as a sales office. 3 Jamie Duguay, Planning Technician - Averton ZBA Report Page 15 of 37

16 Agenda Item # 3b) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA (iii) A Temporary Sales Office is also permitted subject to compliance with the following regulations: a. There is no Model Home Sales Office on the lands subject to the Draft Plan of Condominium; b. The Temporary Sales Office is not to be located on lands zoned Environmental Protection (EP), c. The location of the Temporary Sales Office meets the minimum frontyard setback and is a minimum of 30 meters from an abutting residentially zoned property not subject to the Draft Plan of Condominium, d. The location of the Temporary Sales Office meets any requirements of the Fire Chief including but not limited to emergency access; e. All permits and/or approvals required under the Building Code Act, 1992 and the Conservation Authorities Act and regulations thereto have been obtained; f. The Temporary Sales Office is removed from the property not more than 60 days after completing all sales of dwelling units in the Draft Plan of Condominium. (iv) Any structure required for the purposes of the private water system and/or wastewater treatment system services is permitted on the subject property. (e) Definitions Model Home shall mean a new uninhabited dwelling unit constructed to the requirements and the provisions of the zone category in which the lot upon which the model home is situated or as specified by by-law and is used only for the purposes of displaying the architectural design, materials and interior design or decorating of homes, for the purpose of selling homes to the general public Model Home Sales Office means a model home which is used as an office for the conduct of the sales of dwelling units proposed for construction and sale within the vacant land plan of condominium Temporary Sales Office means a trailer or other portable structure placed on the lands with or without wheels and used for the purpose of a sales office for the permitted uses in the RR-18 Zone. 4. That Sections Open Space 4 (OS-4-H) Zone and Open Space 5 (OS-5-H) Zone are deleted. 5. Where a zone symbol on Schedule A is followed by a holding symbol (H), holding provisions under Section 36 of the Planning Act are in effect. The permitted uses and relevant zone provisions applicable to that zone, except for 4 Jamie Duguay, Planning Technician - Averton ZBA Report Page 16 of 37

17 Agenda Item # 3b) AVERTON HOMES CONDOMINIUM ZBA Part of Block B and all of Block C, Plan No. 21 (Otonabee) Designated as Part1 45R14088 Part Lots 20 & 21, Concession 16, Otonabee Ward Matchett Line Property No ZBA model homes and temporary sales office as noted above, do not apply until such time as the holding symbol (H) is removed in accordance with the provisions of Section 36 of the Planning Act. Prior to the removal of the holding symbol (H), only uses that existed at the date of the adoption of the holding zone provision shall be permitted. 6. Where the Rural Residential-18 (RR-18) Zone is followed by a holding symbol, the holding symbol (H) which applies to the lands subject to this by-law shall only be removed after the following matters are secured to the satisfaction of Council: (a) (b) A condominium agreement has been entered into with the Municipality and registered on title. A responsibility agreement is entered into with the Municipality and any other appropriate authorities. 7. All other provisions of By-law No , as amended, shall apply. 8. This By-law shall become effective on the date that it is passed by the Council of the Corporation of the Township of Otonabee-South Monaghan, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended. 9. 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 20 th day of June REEVE David Nelson CLERK Heather Scott READ a third time and finally passed this 20 th day of June, REEVE David Nelson CLERK Heather Scott 5 Jamie Duguay, Planning Technician - Averton ZBA Report Page 17 of 37

18 Agenda Item # 3b) Jamie Duguay, Planning Technician - Averton ZBA Report Page 18 of 37

19 David McKay, MHBC - (Averton Consultant) - Presentation Page 19 of 37 AVERTON HOMES (OTONABEE) DRAFT PLAN REVISIONS & ZONING BY-LAW AMENDMENT Monday, June 20, 2016 David McKay Agenda Item # 3c)

20 David McKay, MHBC - (Averton Consultant) - Presentation OMB APPROVED DRAFT PLAN... Page 20 of 37 1 Agenda Item # 3c)

21 David McKay, MHBC - (Averton Consultant) - Presentation REVISED DRAFT PLAN... Page 21 of 37 2 Agenda Item # 3c)

22 David McKay, MHBC - (Averton Consultant) - Presentation OMB Approved Plan Excerpt... Page 22 of 37 3 Agenda Item # 3c)

23 David McKay, MHBC - (Averton Consultant) - Presentation Revised Open House Draft Plan Excerpt... Page 23 of 37 4 Agenda Item # 3c)

24 Revised Draft Plan Excerpt (as per adjacent resident request)... David McKay, MHBC - (Averton Consultant) - Presentation Agenda Item # 3c) Page 24 of 37 5

25 David McKay, MHBC - (Averton Consultant) - Presentation ZONING BY-LAW REVISIONS... Page 25 of 37 6 Agenda Item # 3c)

26 David McKay, MHBC - (Averton Consultant) - Presentation THANK-YOU Agenda Item # 3c) Page 26 of 37

27 Agenda Item # 3c) David McKay, MHBC - (Averton Consultant) - Presentation _. >2._._n>:oz uomma ><m:o:em: om SE Em mc.u3_$_o:u mm qmmon «mmam::m_ o<<m<m: mmm«mac? oq m umnmz? :m<mcmm: mzo:m 8 Em.3m3m_ 2_w_ % Em mmzuz mossmnaosm amm 3S_:ma. Page 27 of 37

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32 ... David McKay, MHBC - (Averton Consultant) - Presentation Agenda Item # 3c) Page 32 of 37 WI L L OW ROAD WI L L OW ROAD

33 I. June 6, T90-W-1 5 Tèleccp eur (Ic iso4900 Peteroorogh, ON K9J 626.cronroti.jh CN K9J 626 PD Box 56, 2.o5Ashoarnam Drive 1,Itati Canal National Historic Site Lieu historioue national du Canada du Canal-Rjdeau CP. 5S promenade Ashburnham & Scern Waterway \ationa Hstoric Site Lieu historique 4 national & du Canada de Ia Voie Naviosble Trent-Severn - Voles navigable, do IOnlario ii.iiui W.iteiwiys I4I Canada Canada Parks Parcs... Agenda Item # 4a) Agency Comment - Averton - Parks Canada Canada Ontario Waterways, Trent-Severn Waterway Alanna Boulton Real Property Officer Best Regards, received, until such time we ask to remain on the circulation list for this development. At this time, Parks Canada reserves the right to make further comment as new information is maintained and enhanced with native vegetation. We would not support the application of and vegetation from the shoreline or the water. pesticides or fertilizers within this buffer zone. We would also not support the removal of debris buffer zone from the shoreline to the upland development area including development of buildings, septics and wells. Within this minimum 30m setback, we recommend vegetation be Wetlands in this area, any requests or changes to the shoreline will require a review by the Trent-Severn Waterway. Parks Canada would like to emphasize the importance of a 30 metre Please note that due to the sensitive environmental concerns of the Provincially Significant Amendment Application. Thank you for circulating Parks Canada, Trent-Severn Waterway on the recent Zoning By-Law (Averton Homes Condomunium) Part of Block B and all of Block C, Plan 21, 45R Part Lot 20 & 21, Conc 16, Township of Otonabee-South Monaghan, Otonabee Ward Re: Notice of Complete Application; an Application for a Zoning By-Law Amendment Dear Ms. Rath: Keene, ON KOL 2G0 Township of Otonabee South-Monaghan P.O Box 70 CAQ, Director of Planning and Economic Development Eleanor J. Rath Page 33 of rr90-OTON-200

34 Agenda Item # 4b) June 6, 2016 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: ZBA 11-16, Averton Condominium Zoning By-law Amendment, Part Lots 20 & 21, Con. 16, Otonabee Ward, Roll # , ORCA file 2016-ZN043 Otonabee Region Conservation Authority (ORCA) has received the notice concerning the proposed zoning by-law amendment for the above noted property. ORCA staff has reviewed the available information in accordance with our mandate and policies and now offer the following comments. The zoning by-law amendment is intended to put all of the developable area of the property into a single zone, Rural Residential 18-Holding (RR-18-H). The RR-18-H zone will incorporate all of the proposed uses within the condominium development, including storm water and septic facilities. The flood plain areas are to remain in the Environmental Protection (EP) zone. Since the flood plain is to remain in the EP zone, ORCA has no objection to the proposed zoning by-law amendment. Portions of the subject property are subject to Ontario Regulation 167/06, ORCA s regulation of development, interference with wetlands and alterations to shorelines and watercourses. A permit from this office is required prior to any fill placement, grade alterations or construction activities taking place in the regulated area. Please note that the application was also reviewed in consideration of the Trent Source Protection Plan (SPP) which was prepared under the 2006 Clean Water Act. It was determined that the subject property is not located within an area that is subject to the policies contained in the SPP. 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: Agency Comment - Averton - ORCA Page 34 of 37

35 Agenda Item # 4c) HIAWATHA FIRST NATION 123 Paudash Street Hiawatha, ON K9J 0E6 Chief: Councillor: Councillor: Councillor: Councillor: Councillor: Greg Cowie Kirk Edwards Lorne Paudash Trisha Shearer Art Vowles Katie Wilson June 6, 2016 Dear Eleanor: Thank you for the information you sent to Hiawatha First Nation regarding the application for a zoning by-law amendment for Averton Homes Condominium which is being proposed within Hiawatha First Nation s Traditional and Treaty Territories. Hiawatha First Nation appreciates that the Township of Otonabee-South Monaghan recognizes the importance of First Nations Consultation and that your office is conforming to the requirements within the Duty to Consult Process. The correspondence Hiawatha First Nation has received is not considered meaningful consultation but rather information sharing. As per the Hiawatha First Nation Consultation Protocol, your proposed project is deemed to have potential to impact Hiawatha First Nation s traditional territory and/or rights. With the proximity of the property to the Otonabee River our concerns are with the potential damage to the river, archaeological findings in the area, Species at Risk, and the potential to disrupt the ecosystem in the project area. Please keep us apprised of any updates, archaeological findings, and/or of any environmental impacts, should they occur. Hiawatha First Nation requests you contact us if archaeological artifacts are found as we require our trained archaeological liaisons be present during the archaeological assessment. We also ask that you forward any archaeological reports to Hiawatha First Nation as they are completed. Any maps pertaining to the project should be sent to Hiawatha First Nation in a shape file. Please send documents pertaining to the site and the project as they become available. Hiawatha First Nation reserves the right to provide additional comment should further development result in additional potential impact on our traditional territory and rights. Please be aware that while we request to be kept appraised throughout all phases of this project, we may not always have representation at all stakeholders meetings. Further correspondence may be directed to my attention at the mailing address above or the e- mail address below. Sincerely, Lori Loucks lloucks@hiawathafn.ca Core Consultation Worker Tele: (705) Hiawatha First Nation Fax: (705) Agency Comment - Averton - Hiawatha First Nation Page 35 of 37

36 Agenda Item # 4d) Agency Comment - Averton - City of Peterborough mem muo<m- 3m2.<<mEma _om_:m mocui mmz om. Em 0.2 mag mag Em O5 mzmm?.403 Em m 3m:< <mm:m m_ou3m2 Page 36 of 37 mamamooca o1<m..m m<m_ou3m:.. E am<m_o_um«m m3.<<m:m<m 3::_o_um_ Em F_ _. xm:_._m$_m_.._..m3: _sm:mmm: _u_m::_:uu.<.m_o: _u_m::.:uw_um<m_ou3m3mo_.<_ommum_um_.=:m_.: «:0 _GI wwo _u:o:m - QomvEnid mi. 33 _umx- 39$ m-me m m-3m x:m..:m1:9o: um$&o3:o:.om <<mcm_8.

37 Agenda Item # 4d) Agency Comment - Averton - City of Peterborough Page 37 of 37