The Corporation of the Municipality of Leamington Public Meeting Agenda Consent and Zoning By-law Amendments Monday, June 13, 2016 Commencing at 6:05 PM Leamington Council Chambers Items for Consideration: 1. Consent Application B/05/16 and Zoning By-law Amendment ZBA #128 for 2428 Mersea Road 7 a. Notice of Public Meeting dated May 25, 2016 Pages 3-5 b. Report PLA-08-16 dated May 19, 2016 regarding Surplus Dwelling Consent Application B/05/16, Zoning By-law Amendment ZBA #128, 1903274 Ontario Inc., 2428 Mersea Road 7 (600-03900) Pages 6 to 14 c. Comments from the Lower Thames Valley Conservation Authority dated May 27, 2016 Page 15 d. Comments from the Ministry of Municipal Affairs and Housing dated June 7, 2016 Page 16 Suggested Recommendation: It is recommended that: 1. The provisional approval of Consent Application B/05/16 to create a 0.274 ha (0.68 ac) residential lot deemed to be surplus to the farming operation at 2428 Mersea Road 7 (600-03900) be supported by Council subject to the conditions listed in Schedule A ; 2. Zoning By-law Amendment Application ZBA#128 to change the zone of the severed surplus dwelling lot from A2 to A5-54 be deemed a complete application; and 3. If no concerns are raised at the public meeting amending By-law #15-16 be approved. (PLA-08-16) Page 1 of 32
Page 2, June 13, 2016 Public Meeting Agenda ZBA 2. Consent Application B/11/16 and Zoning By-law ZBA # 131 for 967 to 969 Highway 77 a. Notice of Public Meeting dated May 25, 2016 Pages 17 to 20 b. Report PLA-18-16 dated May 18, 2016 regarding Lot Addition B/11/16, Zoning By-law Amendment ZBA #131, Under Sun Acres Inc. and 2205539 Ontario Inc., 967 Highway 77 (840-002400) and 969 Highway 77 (840-02300) Pages 21 to 30 c. Comments from the Essex Region Conservation Authority dated May 30, 2016 Page 31 to 32 Suggested Recommendation: It is recommended that: 1. The provisional approval of Consent Application B/11/16 to add the residential lot at 969 Highway 77 to the abutting farm parcel at 967 Highway 77 be supported by Council subject to the conditions listed in Schedule A ; 2. Zoning By-law Amendment Application ZBA#131 to change the zone of the residential lot from A5 to A1 and to reduce the interior side yard setback for a greenhouse be reduced from 15 metres (49.24 feet) to 7.5 metres (24.6 feet) be approved by Council; and 3. If no concerns are raised at the public meeting that amending By-law #34-16 be approved. (PLA-18-16) Adjournment Page 2 of 32
THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON NOTICE OF A COMPLETE APPLICATION AND PUBLIC MEETING TO CONSIDER A CONSENT & ZONING BY-LAW AMENDMENT CONSENT APPLICATION B/05/16 & ZONING BY-LAW AMENDMENT APPLICATION ZBA#128 TAKE NOTICE that the Council of The Corporation of the Municipality of Leamington has received a combined Consent Application B/05/16 and Zoning By-law Amendment Application ZBA #128 to be considered under Sections 53 and 34 of the Planning Act, R.S.O. 1990 c.p. 13. AND TAKE FURTHER NOTICE that Council will hold a public meeting on Monday, June 13 th, 2016 at 6:00 pm in the Council Chambers at the Municipal Building to consider these applications which apply to lands located at 2428 Mersea Road 7, see attached key map. THE PURPOSE of Consent Application B/06516 is to sever a 0.274 ha (0.68 ac) residential lot containing a dwelling deemed surplus to a farming operation from farmland known as 2428 Mersea Road 7 shown as Part 1 on the attached building survey. An amendment to Zoning By-law #890-09, as amended, will be necessary to change the zoning of the severed lands from the Agricultural Restricted Zone (A2) to the Agricultural Residential Zone (A5) to reflect the residential use of the severed dwelling, to restrict further additions to the existing dwelling and to increase the eastern side yard setback to 4 metres (13.12 feet). ANY PERSON may attend the public meeting and/or make written 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 the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body is not entitled to appeal the decision of Council of The Corporation of the Municipality of Leamington to the Ontario Municipal Board. IF A PERSON or public body does not make oral submissions at the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington 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 INFORMATION relating to this matter is available for review at the Municipal Office for The Corporation of the Municipality of Leamington, during regular office hours. Please contact Danielle Truax, Manager of Planning Services, for further information. DATED at the Municipality of Leamington this 25 th day of May, 2016. TRACEY PILLON-ABBS, DIRECTOR OF DEVELOPMENT SERVICES MUNICIPALITY OF LEAMINGTON, 111 ERIE STREET NORTH LEAMINGTON, ONTARIO N8H 2Z9 TELEPHONE: (519) 326-5761 Page 3 of 32
779 1 2435 2450 749 MERSEA RD 7 747 745 741 2402 739 737 735 729 Kent Road 1 Drain 725 1 2428 707 719 715 711 703 Municipality of Chatham-Kent Legend 2428 Mer. Rd. 7 ZBA #128 & B/05/16 1903274 Ontario Ltd. COPYRIGHT THIS IS NOT A LEGAL PLAN OF SURVEY & IS NOT TO SCALE. This map is the property of the Corporation of the Municipality of Leamington and may not be reproduced without expressed permission and authorization. The user of this map assumes all risk associated with it. All efforts have been made to ensure accuracy and completeness, however no guarantees can be made. Provided by the: Municipality of Leamington - GIS Services 111 Erie Street North, Leamington, Ontario N8H 2Z9 TEL: (519) 326-5761 FAX: (519) 326-2481 Municipal Drains Page 4 of 32
WINDSOR 944 Ottawa Street N8X 2E1 Ph: (519)258-1772 Fax: (519)258-1791 V ERHAEGEN S TUBBERFIELD LEAMINGTON HARTLEY 187 Talbot Street East BREWER N8H 1L8 BEZAIRE Ph: (519)322-2375 INC. Fax: (519)322-2675 ONTARIO LAND SURVEYORS www.vshbbsurveys.com Page 5 of 32
PLA-08-16 Report To: From: Mayor and Members of Council Danielle Truax, Manager of Planning Services Date: May 19, 2016 Re: Surplus Dwelling Consent Application B/05/16 Zoning By-law Amendment ZBA #128 1903274 Ontario Inc. 2428 Mersea Road 7 (600-03900) Recommendation: It is recommended that: 1. The provisional approval of Consent Application B/05/16 to create a 0.274 ha (0.68 ac) residential lot deemed to be surplus to the farming operation at 2428 Mersea Road 7 (600-03900) be supported by Council subject to the conditions listed in Schedule A ; 2. Zoning By-law Amendment Application ZBA#128 to change the zone of the severed surplus dwelling lot from A2 to A5-54 be deemed a complete application; and 3. If no concerns are raised at the public meeting amending By-law #15-16 be approved. (PLA-08-16) Background: Administration has received a consent application for property located at 2428 Mersea Road 7 which will require as a condition of approval a zoning amendment be obtained for the severed lands. Notice of a public meeting for consideration of Consent Application B/05/16 and the concurrent Zoning By-law Amendment Application ZBA #128 was provided in accordance with the regulations of the Planning Act. The notice was delivered to property owners within 120 m (400 ft.) of the subject property, prescribed agencies and municipal departments on May 25, 2016. Signage containing information about the purpose of the application and public meeting were posted on-site for both the consent and zoning amendment application. Page 6 of 32
Page 2, PLA-08-16 Description of Proposed Surplus Dwelling Lot B/05/16 The subject property is described as Part of Lot 24, Concession 7 and is municipally known as 2428 Mersea Road 7 (see inserted key map below). The subject property is a 13.63 ha (33.68 ac) farm containing one single detached dwelling, two sheds and an active gas well. The property is designated Agricultural in the Official Plan (OP) on Schedule A-5 and zoned Agricultural Restricted Zone (A2) as shown on Map 33 under Zoning By-law #890-09, as amended. The property is located in an area serviced by municipal water from the Municipality of Chatham Kent and private on-site septic system. The surrounding area consists of farm parcels of various sizes, which appear to be traditional row crops, as well as severed residential lots. Key Map of Property at 2428 Mersea Road 7 The consent application seeks to create a 0.274 ha (0.68 ac) residential lot for a dwelling deemed surplus to the owners farming operation. The proposed severance results in a retained farm lot measuring 13.36 ha (33.0 ac) in area with 185.11 m (607.32 ft.) of frontage. The PPS permits the creation of new lots in prime agricultural areas for residences deemed surplus to a farming operation as a result of a farm consolidation. The Official Plan also permits the creation of new lots in prime agricultural areas for residences, provided that they satisfy the following relevant provisions included under Section 5.4.2: Creation of Surplus Dwellings. Page 7 of 32
Page 3, PLA-08-16 a) the farm lot being acquired has a minimum lot area of 10 ha (24.70 ac) and will result in a farm parcel of 13.33 ha (33.0 ac); b) The owners purchased the subject property on July 13, 2015. a. Through a condition of consent, deeds will not be presented to the Secretary Treasurer prior to July 13, 2016. c) The applicant is not aware of the date of construction of the existing dwelling, municipal records can only verify it was not constructed after 2009. d) The surplus dwelling lot is in compliance with the municipal Zoning By-law and is not greater than 0.8 ha (1.97 ac) and no barns are being kept on the residential parcel. e) The subject property is located within the Chatham Kent (CK) service area for municipal water. Comments should be received from CK with respect to any necessary buy-ins for additional water services to the farm property. f) The applicant will be required to enter into an agreement with the Municipality to prohibit the construction of any new residential dwellings on the retained parcel. The agreement will be required to be registered on the title of the subject property. g) The applicant will be required to enter into an agreement with the Municipality, to be registered on title, that no more consents are allowed on the lands to be retained. Setback from Existing Oil and Gas Wells It is noted that the existing dwelling is approximately 80 metres (262 feet) from the operating well and the proposed eastern property line will be 71 metres (232.94 feet). Section 2.23 of the Official Plan notes that mineral resources including petroleum resources will be protected for long term use. The proposed severance of the existing dwelling will not impact the long term ability to access the identified resource. Section 4.31 of Zoning By-law 890-09, as amended requires new development to be setback a minimum of 75 m (246.06 ft.) from existing wells. The creation of the new lot line represents new development. A lesser setback can be considered in consultation with the Ministry of Natural Resources and Forestry (MNRF). Preliminary consultation with MNRF provided the following direction: The Ministry of Natural Resources and Forestry (MNRF) has no approval authority regarding severances, and the existing well is already licensed by MNRF. Section 2.4.2.1 of the PPS discusses the protection of existing petroleum resource operations from development and activities that would preclude or hinder their expansion or continued use, and planning decisions should be consistent with the direction provided in this section. The current building and/or future additions or expansions on the severed land may preclude or hinder the existing operator. The OP states building restrictions no less than 75 meters from existing operations. The MNRF has noted that there will be a building freeze put on the retained lands. Page 8 of 32
Page 4, PLA-08-16 In cases where wells are unknown or potentially plugged, it is suggested that no facilities/buildings should be built over top of these locations. There is a potential for migration of gas from older wells. If the proponent needs further risk analysis, they may want to contact or retain a petroleum engineer, who has expertise in Ontario wells, and can provide a better site specific assessment or consultation. Illustration of Setback Distance from Existing Well to Existing Dwelling Dundee Energy was provided with the information pertaining to the proposed severance and sent Notice of the Public Meeting for consideration of the same. It is recommended that the required zoning amendment to change the zone of the proposed surplus dwelling lot from Agricultural Restricted Zone (A2) to Agricultural Residential Zone (A5) include site specific provisions to ensure development complies with the required setbacks from the existing well. The site specific provisions will: i. Permit the existing dwelling only with no additions; and ii. Increase the required side yard setback from the eastern property line for any new dwellings which are constructed on the property. These provisions will ensure that the existing dwelling will remain a minimum of 80 metres (262.47 feet) from the existing operating well and any new dwelling will be constructed a minimum of 75 metres (246.06 feet). This represents an increase in the required side yard setback from 1.5 metres (4.92 feet) to 4 metres (13.12 feet). Approval of the proposed surplus dwelling consent can be supported subject to receiving comments from internal departments, prescribed agencies and residents. Consideration of the surplus dwelling consent can be supported subject to those conditions listed in Schedule A attached to this report being assigned to any Notice of Decision. Page 9 of 32
Page 5, PLA-08-16 Compliance with Zoning By-law #890-09 Administration is in a position to support the requested surplus dwelling consent subject to a successful zoning by-law amendment to recognize the resulting use of the severed parcel. 2428 Mersea Rd. 7 Severed Surplus Dwelling Lot The severed lot will be 0.274 ha (0.68 ac) in area with a frontage of 44.96 m (147.5 feet). It is proposed that the severed lot be rezoned to A5 to reflect the resulting residential use of the property. The existing buildings and severed lot, as shown on the attached building survey (Figure 1.0) comply with the required setbacks and regulations of the A5 zone. In order to ensure that the no new dwellings are constructed within 75 metres of the existing operating well the zoning amendment will also establish a site specific provision to increase the eastern side yard setback from 1.5 metres (4.92 feet) to 4 metres (13.12 feet). Southside Mersea Road 7 Retained Vacant Farm Lot The severed lot will be 13.33 ha (33.0 ac) in area with a frontage of 178 m (585 ft.). It is proposed that the retained lot maintain its A2 zone as it remains in compliance with its Zone Provisions. Conclusion The purpose of the public meeting is to receive public comments with respect to the proposed lot addition and concurrent rezoning. Subject to receiving comments from the public, Administration is in a position to state the applications as proposed: i) conform to the Land Division Policies of Section 5.4.2 of the Official Plan subject to the recommended conditions as listed in Schedule A ; ii) iii) iv) conform to the Agricultural Land Use Policies of Section 3.1 of the Official Plan; are consistent with the direction of the Provincial Policy Statement, including Section 2.3.4.1 regarding lot creation in prime agricultural areas; & satisfy the criteria to be considered when amending Zoning By-law #890-09, as amended. If concerns are raised at the public meeting, a further report will be presented to Council from Administration. If no concerns are raised, it is requested that Council consider granting provisional consent for the requested lot addition and amending by-law the same night as the public meeting. Upon Council making a decision, the required Notice of Decision for the Consent and Zoning By-Law Amendment application will be circulated. There is a 20 day appeal period where objections can be submitted to the Ontario Municipal Board (OMB). In order to ensure that the OMB has regard to Council s decision, Council should be able to Page 10 of 32
Page 6, PLA-08-16 demonstrate that its decision was fully supported by relevant information and that the information was considered by Council. Financial Impact: There are no financial impacts to the Municipality as a result of the proposed applications. Respectfully submitted, Danielle Truax, Manager of Planning Services Digitally signed by Danielle Truax, Manager of Planning Services DN: cn=danielle Truax, Manager of Planning Services, o, ou, email=dtruax@leamington.ca, c=ca Date: 2016.05.24 13:30:23-04'00' Danielle Truax Manager of Planning Services Peter Neufeld, CAO Digitally signed by Peter Neufeld, CAO DN: cn=peter Neufeld, CAO, o, ou, email=pneufeld@leamington.ca, c=ca Tracey Pillon-Abbs, Director of Community & Development Services Date: 2016.06.09 15:10:12-04'00' Digitally signed by Tracey Pillon-Abbs, Director of Community & Development Services Date: 2016.05.24 13:52:16-04'00' Tracey Pillon-Abbs Director of Community and Development Services dt Attachments: Figure 1.0 Proposed Area of Surplus Dwelling Lot Schedule A Severance Conditions T:\Planning\Council Reports\2016\PLA 08 16 ZBA 128 Driedger 2428 Mer. Rd. 7\PLA 08 16 ZBA 128-2428 Mer. Rd. 7.doc Page 11 of 32
Page 7, PLA-08-16 Figure 1.0 Proposed Area of Surplus Dwelling Lot Page 12 of 32
Page 8, PLA-08-16 SCHEDULE A Severance Conditions Consent Application B/05/16 1903274 Ontario Ltd. 2428 Mer. Rd. 7 LEGAL/FINANCE: 1. *Legal - Staking The subject property is to be angle staked and a plan of survey prepared or a reference plan deposited in the registry office, an electronic and paper copy is to be provided for the files of the Secretary-Treasurer. 2. *Legal Survey Prior to consent being endorsed on the deeds, such plan of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the Municipality including satisfactory proof as to compliance of the location of all buildings on the subject lands either by way of a plan showing the location of all buildings located thereon, or a certificate from a qualified surveyor indicating the location and sizes of all buildings on the said lands and/or favourable minor variances shall have been processed for any non-compliances. 3. *Legal Transfers (Deeds and/or Easements) The applicant to submit to the Secretary-Treasurer a transfer in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer. The applicant and/or the applicant s Solicitor shall provide and undertake that forthwith upon registration of the deed of transfer, to forward a copy of the deed cover page, as registered with the instrument number being shown thereon, to the Secretary-Treasurer. 4. *Finance - Tax Certificate & Local Improvements Prior to consent being endorsed on the deeds, the owner shall provide to the Secretary Treasurer a Tax Certificate or Tax Statement of Account issued by the Municipality verifying that all municipal taxes are paid in full, and the owner shall ensure that necessary apportionments be undertaken for any special assessment imposed pursuant to the provisions of The Local Improvement Act and/or The Municipal Act. A written request for the issuance of a Tax Certificate or Tax Statement of Account for each subject property and the payment of the required fee(s) shall be submitted to the office of the Municipal Treasurer (Finance and Business Services) within one week prior to the deeds being presented to the Secretary Treasurer. 5. *Legal - Registration of Documents The applicant and/or the applicant s solicitor shall provide an Undertaking that all transfers and required agreements, including drainage, consent freeze and building freeze agreements, will be registered within 15 days of the Secretary/ Treasurer of the Leamington Committee of Adjustment issuing the certificate of consent to sever. 6. Legal/Finance - Parkland Fee That a parkland fee be paid, prior to stamping of the deeds for the Municipality of Leamington park fund. PLANNING: 7. Planning - Building Freeze Prior to consent being endorsed on the deeds, the applicant is required to enter into an agreement with the Municipality to be registered on title at the applicant s expense that no new residential dwellings are permitted on the remnant parcel. The applicant s solicitor shall provide an undertaking to register the agreement and provide proof of registration to the Municipality. Page 13 of 32
Page 9, PLA-08-16 8. Planning Zoning Prior to consent being endorsed on the deeds a favourable rezoning amendment shall have been obtained to change the zoning classification of the severed lands from A2 to a site specific A5 to permit the residential use and to increase the side yard setback along the eastern property line. 9. Planning - Consent Freeze Prior to consent being endorsed on the deeds the applicant is required to enter into an agreement with the Municipality to be registered on title at the applicant s expense that no more consents be allowed. DRAINAGE: 10. Drainage - Proof of Access Prior to consent being endorsed on the deeds proof of access, acceptable to the Municipality, shall be provided to serve the lands being conveyed and the lands being retained, with the costs of such access being solely at the expense of the applicant. 11. Drainage - Proof of Drainage Prior to consent being endorsed on the deeds, proof of drainage, acceptable to the municipality, shall be provided by the applicant to serve the lands being conveyed and the lands being retained, with the costs of such drainage being solely at the expense of the applicant. Proof of Drainage and payment of the required fee shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds. Comment Proof of Drainage confirms that: a) the existing parcel and the severed parcel drain independently; b) the existing parcel and the severed parcel have the right to drain to a Municipal drain or a Mutual Drainage Agreement is registered on title of both properties 12. Drainage - Drainage Apportionment Prior to consent being endorsed on the deeds the property owners are to execute an agreement for drainage apportionment due to lands severance or sale approved by the Municipality together with payment of any relative fees for each parcel being severed. Drainage Apportionment Request, 12R plan and payment of the required fee shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds. BUILDING: Comment Drainage Apportionment agreement is prepared by the Drainage Superintendent at the written request of the applicant along with submission of 12R plan and payment of fees to the Municipality. Drainage Apportionment Agreement is required to be signed by applicable parties. 13. Building - Septic Inspection Prior to consent being endorsed on the deeds a clearance letter of approval for a sewage disposal system for the dwelling located at 2428 Mersea Road 7 must be obtained from the Municipality together with payment of any relative fees. Page 14 of 32
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Ministry of Municipal Affairs and Housing Ministère des Affaires municipales et du Logement Municipal Services Office - Bureau des services aux municipalités - Western région de l Ouest 659 Exeter Road, 2 nd Floor 659, rue Exeter, 2 e étage London ON N6E 1L3 London ON N6E 1L3 Tel. (519) 873-4020 Tél. (519) 873-4020 Toll Free 1-800-265-4736 Sans frais 1 800 265-4736 Fax (519) 873-4018 Téléc (519) 873-4018 June 7, 2016 Ms. Danielle Truax Municipality of Leamington 111 Erie Street North Leamington, ON N8H 2Z9 Subject: 1903274 Ontario Inc. c/o D. Dreidger 2428 Mersea Road 7 Consent Application B/05/16 and Zoning By-law Amendment Application ZBA#128 Dear Ms. Truax, Thank you for providing the Ministry the Notice of a Complete Application and Public Meeting to consider the above noted consent and zoning by-law amendment applications at 2428 Mersea Road 7 ( subject land ). In reviewing and making decisions on land use planning applications, all approval authorities are responsible for the consideration of the Provincial interests as set out in the Planning Act, and the policies in the Provincial Policy Statement ( PPS ). In making the determination of whether the applications are consistent with the PPS we direct the municipality s attention to the following comments. The Ministry acknowledges the request to create a residential lot containing a dwelling deemed surplus to a farming operation. As required by the PPS, the planning authority must ensure that no new residential dwellings are permitted one the remnant parcel. To achieve consistency with this policy, the remnant lands should be rezoned to prevent any future residential development. The applications were also reviewed by the Ministry of Natural Resources and Forestry (MNRF) as a result of the existing well head on the subject land. The Ministry does not have any objections to the requested consent but provides that a property line can be located within 75m of an oil well or its works. However, a building or structure cannot be located within 75m of an oil well or its works. MNRF wants to ensure that the existing petroleum operations and their associated works are not negatively impacted by any development, therefore, MNRF would be concerned by any future development of the severed property. The property owner should work with the operator of the existing petroleum operation on the adjacent property when planning any development with the existing surplus dwelling. MNRF also requests that the remnant lands should be zoned to prohibit all buildings and structures including those associated with typical agricultural operations. MNRF understands that there will be a freeze on the remnant lands as noted by the Municipality. Should you have any questions, or require further comments please contact me by telephone at 519-873- 4769 or by email at marion-frances.cabral@ontario.ca. Yours truly, Marion-Frances Cabral Planner Municipal Services Office Western Page 16 of 32
THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON NOTICE OF A COMPLETE APPLICATION AND PUBLIC MEETING TO CONSIDER A CONSENT AND ZONING BY-LAW AMENDMENT CONSENT APPLICATION B/11/16 & ZBA #131 TAKE NOTICE that the Council of The Corporation of the Municipality of Leamington has received a combined Consent Application B/11/16 and Zoning By-law Amendment Application ZBA #131 to be considered under Sections 53 and 34 of the Planning Act, R.S.O. 1990 c.p. 13. AND TAKE FURTHER NOTICE that Council will hold a public meeting on Monday, June 13, 2016 at 6:00 pm in the Council Chambers at the Municipal Building to consider these applications which apply to lands located at 967-969 Highway 77, see attached key map. THE PURPOSE of the Consent Application B/11/16 is to combine the residential lot at 969 Highway 77 with vacant farmland surrounding it at 967 Highway 77 to allow for the development of a new greenhouse operation over all the lands. An amendment to Zoning By-law #890-09, as amended, is also necessary to change the zoning of the residential lands from the Agricultural Residential Zone (A5) to Agricultural General Zone (A1) to allow for the lands to be used for agricultural purposes including greenhouse development. Additionally, the amendment seeks to reduce the required interior side yard setback for the greenhouse ranges from the required 15 metres (49.2 feet) to 7.5 metres (24.6 feet) along the southern property line. ANY PERSON may attend the public meeting and/or make written 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 the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body is not entitled to appeal the decision of Council of The Corporation of the Municipality of Leamington to the Ontario Municipal Board. IF A PERSON or public body does not make oral submissions at the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington 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 INFORMATION relating to this matter is available for review at the Municipal Office for The Corporation of the Municipality of Leamington, during regular office hours. Please contact Danielle Truax, Manager of Planning Services, for further information. DATED at the Municipality of Leamington this May 25, 2016. TRACEY PILLON-ABBS, DIRECTOR OF DEVELOPMENT SERVICES MUNICIPALITY OF LEAMINGTON, 111 ERIE STREET NORTH LEAMINGTON, ONTARIO N8H 2Z9 TELEPHONE: (519) 326-5761 Page 17 of 32
Silver Cr eek Drain - 10th Concession Branch 518 Reid Drain - West Branch 605 77 619 Re MERSEA RD 10 ConcidesDrain - 10th sion Branch Lundy Drain 967 Reid Drain - Wes t Branch 969. Legend ZBA #131 Under Sun Acres 967-969 Highway 77 = Municipal Drains 966 77 COPYRIGHT THIS IS NOT A LEGAL PLAN OF SURVEY & IS NOT TO SCALE. This map is the property of the Corporation of the Municipality of Leamington and may not be reproduced without expressed permission and authorization. The user of this map assumes all risk associated with it. All efforts have been made to ensure accuracy and completeness, however no guarantees can be made. Provided by the: Municipality of Leamington - GIS Services 111 Erie Street North, Leamington, Ontario N8H 2Z9 TEL: (519) 326-5761 FAX: (519) 326-2481 Page 18 of 32
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N. J. Peralta Engineering Ltd. Page 20 of 32
PLA-18-16 Report To: From: Mayor and Members of Council Danielle Truax, Manager of Planning Services Date: May 18, 2016 Re: Lot Addition B/11/16 Zoning By-law Amendment ZBA #131 Under Sun Acres Inc. & 2205539 Ontario Inc. 967 Highway 77 (840-02400) 969 Highway 77 (840-02300) Recommendation: It is recommended that: 1. The provisional approval of Consent Application B/11/16 to add the residential lot at 969 Highway 77 to the abutting farm parcel at 967 Highway 77 be supported by Council subject to the conditions listed in Schedule A ; 2. Zoning By-law Amendment Application ZBA#131 to change the zone of the residential lot from A5 to A1 and to reduce the interior side yard setback for a greenhouse be reduced from 15 metres (49.24 feet) to 7.5 metres (24.6 feet) be approved by Council; and 3. If no concerns are raised at the public meeting that amending By-law #34-16 be approved. (PLA-18-16) Background: Administration has received a consent application for property located at 969 Highway 77 which will require as a condition of approval a zoning amendment be obtained for the lands. Notice of a public meeting for consideration of Consent Application B/11/16 and the concurrent Zoning By-law Amendment Application ZBA #131 was provided in accordance with the regulations of the Planning Act. The notice was delivered to property owners within 120 m (400 ft.) of the subject property, prescribed agencies and municipal departments on May 25, 2016. Signage containing information about the purpose of the application and Page 21 of 32
Page 2, PLA-18-16 public meeting were posted on-site for both the consent and zoning amendment application. Description of Proposed Lot Addition Key Map of Subject Properties 967-969 Highway 77 Under Sun Acres Inc. and 2205539 Ontario Inc. purchased the residential lot at 969 Highway 77, as well as the 27.47 ha (67.88 acre) farm at 967 Highway 77 which surrounds 969 Highway 77 on three sides. The properties are described as Part of Lot 6, Concession 9 and are located on the southwest intersection of Highway 77 and Mersea Road 10 (see inserted key map below). Both properties are designated Agricultural as shown on Schedule A-7 of the Official Plan. The residential lot is 1716.24 m 2 (0.42 acres) in size with 30.48 m (100 feet) of frontage on Highway 77 and contains a single detached dwelling, detached garage and shed. The property is zoned Agricultural Residential Zone (A5) as shown on Map 9 of Zoning By-law #890-09, as amended. Municipal records indicate the original residential lot was severed in 1979. Page 22 of 32
Page 3, PLA-18-16 The farm property is 27.47 hectares (67.88 acres) in area with frontage on both Mersea Road 10 and Highway 77 and contains a single detached dwelling and barn. The western property boundary of the farm parcel abuts the municipal trail. The properties are located in an area serviced by municipal water, private on-site septic system, and municipal drains. There is an existing shared access to the dwellings and farm from the west side of Highway 77 located between the two existing dwellings. Comments: The consent application seeks to add the area of the residential lot back to the farm to allow for the development of a greenhouse operation. The PPS permits lot adjustments in prime agricultural areas for legal or technical reasons and minor boundary adjustments, which do not result in the creation of a new lot. Section 5.4.3 of the Official Plan also permits lot adjustments in prime agricultural provided the application satisfies the following relevant provisions including: a. Both the severed and retained lands will comply with all zoning provisions. i. A zoning by-law amendment will be required to place the residential lands in an A1 zone to allow the proposed greenhouse development. ii. Only one dwelling is permitted per parcel in the A1 zone. One of the existing single detached dwellings must be removed from the property in order to comply with the zone provisions. The applicant has submitted a site plan sketch for the proposed greenhouse development which shows the dwelling and detached garage at 969 Highway 77 will be removed. b. That the lands subject to the severance will be required to merge on title with the abutting lands. i. 969 Highway 77 was created by severance in 1979 and will require that a one sq. ft. parcel be transferred to the municipality to break the consent stamp as a result of a previous consent application. The transfer of the one square foot parcel will allow the residential lot to merge on title with the farm, as the residential lot will no longer be the identical parcel which received a consent stamp. ii. Upon the transfer of the one square foot parcel to the Municipality, the remaining area of the residential lot will be able to merge on title with the surrounding farm property. c. That no new residential lots that would not otherwise be allowed are created. The proposed severance conforms to the land division policies of the PPS and Official Plan for the Municipality of Leamington. Furthermore the severance will allow for the development of a permitted agricultural use on the consolidated property and eliminate a existing non-farm residential use in the agricultural area. Approval of the proposed lot adjustment can be supported subject to receiving comments from internal departments, prescribed agencies and residents and subject to those Page 23 of 32
Page 4, PLA-18-16 conditions listed in Schedule A attached to this report being assigned to any Notice of Decision. Compliance with Zoning By-law #890-09 Administration is in a position to support the requested lot adjustment subject to a successful zoning by-law amendment to allow the agricultural use of the residential parcel once consolidated with the abutting farm parcel. 969 Highway 77 Residential lot to be consolidated with farm The residential lot measuring 0.424 ha (0.42 ac) is to be consolidated with the abutting farm parcel at 967 Highway 77 which is currently zoned Agricultural General (A1) zone. It is proposed that the severed lot be rezoned to A1 to reflect the resulting agricultural use of the consolidated property. 967 Highway 77 Consolidated farm parcel The resulting farm parcel will be approximately 27.89 ha (68.3 ac) in area and will maintain its A1 zone as it remains in compliance with its Zone Provisions. The owner has applied to request that a reduced side yard setback for the proposed greenhouse range be considered along the southern boundary of the farm. Under the zone provisions of Section 22.1.4 the required interior side yard setback for greenhouse structures is 15 metres (49.24 feet). The owner has provided a site plan sketch showing a setback for the greenhouse structure, as well as the permitted bunkhouse structures at 7.5 metres (24.6 feet). When reviewing an application that seeks relief from the minimum side yard setback for a greenhouse of 15 metres (49.21 feet) established in By-law 890-09, as amended, as per Council s direction in Resolution C-152-10, Administration shall include comments based on the following factors when considering a reduction to a required setback for greenhouses: 1. The applicant must provide a reasonable explanation why complying with the setback is not possible or would create an undue hardship for the applicant. The explanation must be based upon the unique and specific circumstances of that property. a. The applicant has indicated that the reduced setback has been requested to allow for the greatest use of the site. 2. When greenhouses are being constructed on two abutting lots of record that are registered in the same names or different names but effectively common ownership, then setbacks can be reduced or eliminated along the common lot line provided both lots are subject to a common site plan agreement. a. Comments should be received from the abutting property owner to the immediate south with respect to the requested reduction to the side yard setback along the southern property line. Page 24 of 32
Page 5, PLA-18-16 3. A greenhouse should not be constructed closer than 50 feet (15m) to an abutting property that is designated Agricultural Residential Zone (A5) or any Residential Zone, regardless of the ownership of the abutting lot. a. There are no properties zoned A5 in the immediate vicinity of the subject property or the area of the farm where the reduced side yard setback is proposed. 4. In any zone other than an A5 or a Residential Zone, a greenhouse should not be constructed within 70 feet (21.336m) or any legally existing residence on an abutting lot of record, regardless of the ownership of the existing lot. a. The reduced side yard setback is not within 21 metres (70 feet) of any onfarm residential dwellings. 5. Subject to item 2, any variance of more than 50% will be deemed not to be minor in nature. An application to Council for rezoning would be the appropriate method of obtaining relief. a. The requested variance is exactly 50% of the required 15 metre (49.21 feet). 6. Further to #3 and #4, legal non-conforming setbacks should be maintained and a average setback can be allowed. 7. Brand new greenhouses should comply with all setbacks. a. The proposed greenhouse development is a new development to the property. In addition to the required setbacks, the property is also subject to additional setbacks established by the Ministry of Transportation (MTO) along Highway 77, as well as setbacks from the future Hydro Electric Power Transmission Corridor which is planned to run along the length of the municipal trail. Given that the property has frontage along two roads, including a main corridor leading to the urban area of the Municipality it is important to ensure that appropriate setbacks are maintained to ensure a high level of design and esthetics and that the property can function properly within its own boundaries. As well, it is important to ensure that the structures are setback an appropriate distance from the municipal trail which is intended to be used for a passive recreational use. The impact of a reduced setback along the interior side yard has a lesser impact on any area of the public realm. The setback area is typically used for maintenance activities and fire access to all sides of the building. Conclusion: The purpose of the public meeting is to receive public comments with respect to the proposed lot addition and concurrent rezoning. Subject to receiving comments from the public, Administration is in a position to state the applications as proposed: i) conform to the Land Division Policies of Section 5.0 of the Official Plan subject to the recommended conditions as listed in Schedule A ; Page 25 of 32
Page 6, PLA-18-16 ii) iii) iv) conform to the Agricultural Land Use Policies of Section 5.4.3 of the Official Plan; are consistent with the direction of the Provincial Policy Statement, including Section 2.3 for land uses within Prime Agricultural Areas, including Section 2.3.4.2 for lot adjustments in prime agricultural areas; & satisfy the criteria to be considered when amending Zoning By-law #890-09, as amended. If concerns are raised at the public meeting, a further report will be presented to Council from Administration. If no concerns are raised, it is requested that Council consider granting provisional consent for the requested lot addition and amending by-law the same night as the public meeting. Upon Council making a decision, the required Notice of Decision for the Consent and Zoning By-Law Amendment application will be circulated. There is a 20 day appeal period where objections can be submitted to the Ontario Municipal Board (OMB). In order to ensure that the OMB has regard to Council s decision, Council should be able to demonstrate that its decision was fully supported by relevant information and that the information was considered by Council. Financial Impact: There are no financial impacts to the Municipality as a result of the proposed severance and zoning amendment. Respectfully submitted, Danielle Truax, Manager of Planning Services Danielle Truax Manager of Planning Services dt Digitally signed by Danielle Truax, Manager of Planning Services DN: cn=danielle Truax, Manager of Planning Services, o, ou, email=dtruax@leamington.ca, c=ca Date: 2016.05.24 10:56:12-04'00' Peter Neufeld, CAO Digitally signed by Peter Neufeld, CAO DN: cn=peter Neufeld, CAO, o, ou, email=pneufeld@leamington.ca, c=ca Tracey Pillon-Abbs, Director of Community & Development Services Date: 2016.06.09 15:09:21-04'00' Digitally signed by Tracey Pillon-Abbs, Director of Community & Development Services Date: 2016.05.24 13:51:33-04'00' Tracey Pillon-Abbs Director of Community and Development Services Attachments: Figure 1.0 Proposed Area of Lot Adjustments Figure 2.0 Proposed Site Plan of Greenhouse Development Schedule A Severance Conditions T:\Planning\Council Reports\2016\PLA 18 16 967-969 Hwy. 77 - ZBA 131 Under Sun\PLA 18 16 967-969 Hwy 77 - ZBA 131 Under Sun.doc Page 26 of 32
Page 7, PLA-18-16 Figure 1.0 Proposed Area of Lot Adjustments Page 27 of 32
Page 8, PLA-18-16 Figure 2.0 Proposed Site Plan of Greenhouse Development Page 28 of 32
Page 9, PLA-18-16 Schedule A Severance Conditions Consent Application B/11/16 Under Sun Acres Inc. & 2205539 Ontario Inc. LEGAL/FINANCE: *Legal - Staking The subject property is to be angle staked and a plan of survey prepared or a reference plan deposited in the registry office, an electronic and paper copy is to be provided for the files of the Secretary-Treasurer. *Legal Survey Prior to consent being endorsed on the deeds, such plan of survey or reference plan, for property lines being newly created, shall be in accordance with the existing zoning requirements for the Municipality including satisfactory proof as to compliance of the location of all buildings on the subject lands either by way of a plan showing the location of all buildings located thereon, or a certificate from a qualified surveyor indicating the location and sizes of all buildings on the said lands and/or favourable minor variances shall have been processed for any non-compliances. *Legal Transfers (Deeds and/or Easements) The applicant to submit to the Secretary-Treasurer a transfer in triplicate, acceptable for registration, in order that consent may be attached to the original and a copy to be provided to the Secretary-Treasurer. The applicant and/or the applicant s Solicitor shall provide and undertake that forthwith upon registration of the deed of transfer, to forward a copy of the deed cover page, as registered with the instrument number being shown thereon, to the Secretary-Treasurer. *Finance - Tax Certificate & Local Improvements Prior to consent being endorsed on the deeds, the owner shall provide to the Secretary Treasurer a Tax Certificate or Tax Statement of Account issued by the Municipality verifying that all municipal taxes are paid in full, and the owner shall ensure that necessary apportionments be undertaken for any special assessment imposed pursuant to the provisions of The Local Improvement Act and/or The Municipal Act. A written request for the issuance of a Tax Certificate or Tax Statement of Account for each subject property and the payment of the required fee(s) shall be submitted to the office of the Municipal Treasurer (Finance and Business Services) within one week prior to the deeds being presented to the Secretary Treasurer. *Legal - Registration of Documents The applicant and/or the applicant s solicitor shall provide an Undertaking that all transfers and required agreements, including drainage, consent freeze and building freeze agreements, will be registered within 15 days of the Secretary/ Treasurer of the Leamington Committee of Adjustment issuing the certificate of consent to sever. Legal - Consolidation of PIN Numbers Subsection 3 of Section 50 of the Planning Act applies to the lands that are the subject of this application. The severed portion will be added to the property of the abutting property owner (Under Sun Acres Inc. & 2205539 Ontario Inc. Pt. Lot 6, Concession 9 ARN 3706-840-000-02400). The applicant to submit to the Secretary Treasurer satisfactory evidence that the transferee of the severed portion of the property and the owner of the abutting property are identical together with an undertaking from the applicant's solicitor to consolidate and cause to merge the severed portion and the abutting property into one parcel. The applicant shall provide evidence to the Secretary/ Treasurer within 15 days of the issuance of the certificate of consent to sever that an application to consolidate parcels has been filed with the Land Registry Office. Page 29 of 32
Page 10, PLA-18-16 Legal Transfer to the Municipality Prior to consent being endorsed on the deeds, the applicant shall cause the transfer a one foot parcel of land to the Municipality from the subject lands in a location abutting the municipal right of way and acceptable to the Municipality. Planning Zoning Prior to consent being endorsed on the deeds a favourable rezoning amendment shall have been obtained to change the zoning classification of the retained lands from A5 to A1. DRAINAGE: Drainage - Proof of Access Prior to consent being endorsed on the deeds proof of access, acceptable to the Municipality, shall be provided to serve the lands being conveyed and the lands being retained, with the costs of such access being solely at the expense of the applicant. Drainage - Proof of Drainage Prior to consent being endorsed on the deeds, proof of drainage, acceptable to the municipality, shall be provided by the applicant to serve the lands being conveyed and the lands being retained, with the costs of such drainage being solely at the expense of the applicant. Proof of Drainage and payment of the required fee shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds. Comment Proof of Drainage confirms that: a) the existing parcel and the severed parcel drain independently; b) the existing parcel and the severed parcel have the right to drain to a Municipal drain or a Mutual Drainage Agreement is registered on title of both properties Drainage - Drainage Apportionment Prior to consent being endorsed on the deeds the property owners are to execute an agreement for drainage apportionment due to lands severance or sale approved by the Municipality together with payment of any relative fees for each parcel being severed. Drainage Apportionment Request, 12R plan and payment of the required fee shall be submitted to the Municipality a minimum of one month prior to the stamping of the deeds. BUILDING: Comment Drainage Apportionment agreement is prepared by the Drainage Superintendent at the written request of the applicant along with submission of 12R plan and payment of fees to the Municipality. Drainage Apportionment Agreement is required to be signed by applicable parties. Building Demolition Permit Owner is required to obtain a demolition permit to remove the existing detached structure and any existing services located on the residential lot at 969 Highway 77 prior to stamping the deed. Page 30 of 32
May 30, 2016 Ms. Tracey Pillon-Abbs, Director of Development Services Municipality of Leamington 111 Erie St. N. Leamington ON N8H 2Z9 Dear Ms. Pillon-Abbs: RE: Applications for Consent B-11-16, Zoning By-Law Amendment ZBA #131 967 HIGHWAY 77 (969 HWY 77) ARN 370684000002400, & 370684000002300; PIN: 750860198 Applicant: Under Sun Acres Inc. 2205539 Ontario Inc The following is provided for your information and consideration as a result of our review of Application for Consent B-11-16, Zoning By-Law Amendment ZBA #131. We understand that the purpose of this application is to add the existing residential lot identified as 969 Highway 77, to the adjacent farm lot parcel identified as 967 Highway 77. Due to this lot addition, the applicants have applied for a rezoning of the residential parcel to agricultural in order to undertake a greenhouse development on the resulting consolidated parcel. SECTION 28 CONSERVATION AUTHORITIES ACT The eastern portion of the above noted lands are subject to our Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulations under the Conservation Authorities Act, (Ontario Regulation No. 158/06). The property owner will be required to obtain a Permit and/or Clearance from the Essex Region Conservation Authority prior to any construction or site alteration (specifically any works conducted within the vicinity of the regulated West Branch Of Reid Drain, which includes any stormwater management outlets, or culvert installations) or other activities affected by the regulations. WATER RESOURCES MANAGEMENT We are concerned with the potential impact of the quality and quantity of runoff in the downstream watercourse due to future development on this site. We therefore ask that ERCA is circulated the Site Plan Control application as this proposal further proceeds through the development process. Upon circulation of the site plan control application, we would ask that the following conditions be included in the Site Plan Control Agreement: 1 of 2 Page 31 of 32