Municipality of Brockton Planning Report Application: Zoning By-Law Amendment File Number Z-17-18.31 Date: July 23, 2018 To: From: Mayor Inglis and Council, Municipality of Brockton John Ghent, Planner for the Municipality of Brockton Subject: Application from Larry Schnurr and James and Rhonda Scheurman to develop 8 residential units in Chepstow. Recommendation: Subject to the submissions from the Public Meeting, the Bruce County Planning Dept recommends: 1. That the Municipality of Brockton approve the proposed Zoning By-law Amendment submitted by L Schnurr to develop 8 townhouse units, File: Z-17-18.31 and approve the attached site-specific By-law. 2. That the Municipality of Brockton approve the proposed Site Plan Control By-law that is site specific to the subject site and that as part of the Site Plan Control approval process, attention be given to grading, drainage and storm water management to minimize the impact on the existing properties in the area. Reasons for and Nature of the Application: The application proposes to rezone 0.46 ha in the hamlet of Chepstow from Hamlet Residential (HR) to Hamlet Residential Special (HR-12). The effect of this zoning amendment will be to permit 8 additional residential units consisting of 2 blocks of townhouses with 4 units in each block. A consent application has been submitted to create the block of land on which the townhouses would be developed and a zoning amendment for the agricultural lands will reflect the reduced lot area. Location: The lands proposed to be rezoned are located in the hamlet of Chepstow on the north side of Chepstow Road East. The municipal address is 494 Chepstow Rd.
Site Description: The lands proposed for development are 0.46 ha in area with a frontage of 85.0 m. Abutting to the east is a cemetery and a small parcel for a local utility service (frontage 7.0 m; depth 12.2 m). Residential uses exist to the west and south. The land to the north is farmed and it is from this land that the parcel proposed to be developed would be severed. The land is relatively flat with no significant gradient. The Teeswater River is located approximately 300 m to the west along Chepstow Rd and approximately 145 m to the south. Details of Proposal: Zoning application residential: 8 townhouse units consisting of 2 blocks with 4 units in each block Lot area: 0.46 ha Density: 17.4 units per ha over the whole of the site including roads and driveways Height: 1 storey with no basement Floor area: 108 m2 (1155 sq ft) Access: two driveways from Chepstow Road - a one-way access in and a one-way out Parking: 2 spaces per unit with 1 in the driveway and 1 in the garage Tenure: rental Servicing: private communal services water and septic systems (in the rear yard) The Agricultural lands will be rezoned from General Agriculture (A1) to General Agriculture Special (A1-98) to recognize the reduced lot area. The Environmental Protection (EP) zone will remain unchanged. Consent application: Area of the property: 37.03 ha Retained lands to continue in an agricultural use (lands to the north): 36.60 ha Severed lands for residential development: 0.46 ha Summary: Under the Provincial Policy Statement (PPS), Settlement Areas are recognized as areas where growth and development will be focused and intensification is encouraged with a mix of housing types and densities. Although servicing new development on the basis of full municipal services is preferred, the PPS allows for the use of private communal sewage services and private communal water services (1.6.6.4) Under the Bruce County Official Plan, the lands proposed to be developed are designated Hamlet Community. The range of residential housing forms permitted in this designation are limited to detached, semi-detached and duplex dwellings. The Plan recognizes that development with communal water and sewage services may be established subject to the approval of the local municipality and the appropriate approval authority for those services. The application is consistent with the Provincial Policy Statement (PPS), and generally conforms to the County Official Plan. The proposed development will support and strengthen the function
of Chepstow as a rural hamlet community. The lands within the hamlet are intended to be developed for residential uses. Although the townhouse form of housing proposed is not specifically identified in Official Plan, the density of the project at 17.4 units per ha is accepted as being in the low density range and therefore staff consider the application to be consistent with the intent of the Plan. Staff support the application and recommend the proposed zoning amendment be approved. Agency Circulation: Brockton no concerns or objection Historic Saugeen Metis - no concerns or objections SVCA the application is acceptable to SVCA see attached letter Public Comment: The following three submissions has been received from adjacent property owner. July 3, 2018 For the past two years, I have had water trouble that has been fixed on my property at 475 Chepstow Rd. My concern is that the proposed property may cause problems again for me. I have no problems with the building going up but only if there is no water problems arising for me in the future. Thank you Vickie Zettel (received by email July 11, 2018) We would like to begin by saying that we support the new build of the Chepstow Townhouses. But we do have some concerns. Our main concern would be the water draining issue. Building on that property will disturb the natural flow of the water runoff from the field. We live at 481 Chepstow Road, and are built on lower ground south of the new build. We would like to ensure there will be proper drainage. There needs to be tile straight through towards the west creek. Some other concerns are, where the field run off will go, the eaves trough drainage on the new town houses and where all the snow removal will go. All of these will contribute to excess water that could possibly effect our property. Please notify us of the decision of the Municipality on the proposed Zoning By-Law amendment. Doug & Carrie Johnson 481 Chepstow Road (Received by email July 14, 2018) To whom this may concern A concern of ours at this time of the purposed build at 494 Chepstow Road, Chepstow ON. That these buildings will disturb the natural flow of water run off. That may result of water drainage on our property, 477 Chepstow Road. We are wanting to ensure that the water run
off from the buildings and snow removal will be properly drained so that we will not encounter any problems. Thank you Derek Weatherall Caitlin Weatherall Response: These submissions relate to storm water management concerns and the effect the proposed development might have the existing surface water flow. The proposed development will increase the impervious area because of the roof and hard surface areas on the lot. If water issues currently exist in the area or if the existing natural flow characteristic are interrupted, surface runoff should be considered in the development of the lands. In discussing this matter with the applicant, he advised that the storm water management plan would be to split the grading on the lot at the mid-point of the building the north portion grading to the rear and the south portion grading toward the street. Water in the rear yard would infiltrate into the soil. Water in the front would be drained through a small swale to a pipe that would take the water across the street and transport it to the existing pond. It is not clear how this water would be transported through private residential lots to the pond but there are options for easements to be negotiated. Grading, drainage and storm water management are matters that can be dealt with through the Site Plan Control Approval process. It is recommended that the development be subject to Site Plan Control and that particular attention be given to how storm water will be managed and the systems that are implemented be maintained. The Brockton CBO is in agreement with this approach. Provincial Interest Policy Statement or Plans Under Section 3(5) of the Planning Act, the Municipality of Brockton shall be consistent with matters of provincial interest as set out in the Provincial Policy Statement (PPS). The PPS includes towns, villages and hamlets as settlement areas and settlement areas are recognized as areas where growth and development will be focused. Land use patterns in settlement areas are based on densities and a mix of land uses which efficiently use land and resources. A range of uses and opportunities for intensification and redevelopment is recognized. Land use patterns are to be based on densities that efficiently use land and resources and which are appropriate for and efficiently use the infrastructure that is available and avoid the need for unjustified or uneconomical expansion (1.1.3. a) 1 and 2). With respect to servicing, the PPS indicates that servicing for new development on full municipal services is preferred and that intensification and redevelopment should be promoted wherever feasible (Section 1.6.6.2). The PPS recognizes that full services are not always available in settlement areas and allows for development on private services: Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage
services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. (section 1.6.6.4) Comment: The proposal to develop the subject lands located within the Chepstow settlement area with a medium density residential housing form (albeit in the low density range) is consistent with the PPS with respect to housing form. The lands are designated as part of the Hamlet settlement area with similarly designated lands to the east, west and south. In the opinion of staff, the subject development qualifies as infilling and satisfies this requirement of the PPS. In reviewing this application, staff were concerned with the absence of any public water or sanitary sewer services. The proposed development of 8 units would be serviced with private communal sewer and water. The applicant has discussed this matter with Brockton staff. Planning staff have been advised that the proposed septic design is satisfactory to Brockton and that it will comply with the Ontario Building Code (OBC). Given that the proposed development is at a low density and that the servicing is in compliance with the OBC, and because the floor area of the units is relatively modest, staff consider that the application is consistent with the PPS policy that development be based on densities that efficiently use land and resources and which are appropriate for and efficiently use the infrastructure that is available and avoid the need for unjustified or uneconomical expansion. An overview of the PPS policies is provided in the appendices. Bruce County Official Plan The Bruce County Official Plan designates the subject lands Hamlet Communities. Policies for Hamlet Communities seek to encourage and strengthen their historical role. A limited amount of population growth is directed to these areas. Detached, semi-detached and duplex residential uses are permitted. The Plan recognizes that development with communal water and sewage services may be established subject to the approval of the local municipality and the appropriate approval authority for those services. Compact and phased growth in Hamlet communities is a policy of the Plan. Site Plan Control is authorized by the Plan at Section 6.5.2. Comment: The forms of housing permitted in the Official Plan are detached, semi-detached and duplex dwellings which are typical of low density residential development. Low density development is generally considered to range up to 20 to 25 units per ha. The proposed development with a townhouse form of housing although of a form that is not identified in the Plan is within the low density range and staff consider the proposal to be in conformity with the Official Plan.
Local Planning Documents - Zoning: The lands proposed to be developed are currently zoned Hamlet Residential (HR). This zone permits detached dwellings, semi-detached dwellings and duplex dwellings (defined as a building that is separated horizontally into two separate dwellings each with an independent entrance). To facilitate the proposed development, the lands would be rezoned to a site specific residential zone that permits the townhouse housing form and establishes development. Planning Comment / Analysis: The subject lands are currently zoned Hamlet Residential (HR). The HR zone permits the construction of a new dwelling provided the setbacks and other provisions of the By-law are met. With respect to housing form, the Official Plan does not specially permit townhouses (typically a medium density form) whereas low density development consisting of detached, semi-detached and duplex dwellings are permitted. The proposed density at 17.4 units per ha is in the low density range. For instance, the Brockton Zoning By-law regulation for single detached housing with public services is a minimum lot area of 465 m2 per unit which represents a density of 21.5 units per ha. Staff consider that the intent of the Plan relates to limiting development to the low density range rather than restricting a particular form of housing and therefore staff consider the application to be in conformity with the Official Plan. A comparison of development permitted in the HR zone with the development that is proposed is provided in the following chart. This comparison is based on zoning standards with no municipal water services available.
Hamlet Residential (HR) zone standards compared to the Proposed Development Zone Regulations Singles HR Permitted Uses No Municipal Water Service (min/max regs) Semis and Duplex HR Proposal Townhouse No Municipal Water Service Lot area (m2) 6,250 per unit 6,250 or 3130 per sd unit 4600 or 575 per unit Lot frontage (m) 50 50 or 25 per sd unit 85 or 10.6 per unit Front yard (m) 16 16 16.0 Rear yard (m) 50 50 19.0 Interior side yard (m) 11.5 11.5 11 and 3 Coverage 15 % 15 % 26 % Height (m) 10 10 One-storey Floor area gross (min) n/a 90 m2 108 m2 Floor area, ground 90 m2 n/a 108 m2 (min) (1 storey) Parking 2 spaces / unit 2 spaces / unit 2 spaces / unit Note: there is no zoning class for lots with no municipal water and no municipal sanitary sewer. The above chart demonstrates that the proposed development significantly exceeds zoning standards with respect to lot area, frontage, rear yard and coverage. These regulation elements relate directly to the area of the lot available to accommodate the septic system. Planning staff have been advised by Brockton staff that the size of the septic system will be less than 10,000 litres per day (therefore not requiring MOECC approval) and it will comply with the Ontario Building Code. The relatively modest size of the units at 352 m2 (1155 sq ft) may result in correspondingly relatively low loads on the septic system which supports the notion that the septic system will work. The proposed townhouse development will introduce a housing form that adds to the diversity of housing in the Chepstow area. The modest sized units will be suitable for people of a range of ages requiring affordable, one-floor living and will accommodate a wide range of life styles. Staff recommend approval of the zoning amendment application and the associated amending by-law. The amending by-law is site specific to the property and implements the following: HR-12, Hamlet Residential Special for the lands to be developed to permit the 8 townhouse units and establish regulations for the units and require water and septic servicing to be on communal basis;
General Agriculture Special (A1-98) to reflect the reduced lot area of the farmland; Environmental Protection (EP) zone will remain unchanged. Staff note that storm water management concerns can be reviewed through the Site Plan Control process. Site Plan Control deals with the actual site development. Storm water management is specifically identified as an element that is subject to Site Plan Control. Through the Site Plan approval process, overland flow, grading, drainage and storm water management can be reviewed and impact on adjacent properties mitigated. Also, through the Site Plan agreement, long term solutions to storm water management can be implemented and maintenance of the system ensured through the Site Plan agreement. Brockton staff supports this way of dealing with storm water management. Respectfully submitted, John Ghent, RPP Planner, County of Bruce Planning and Development Department
Appendix A - Context Owner Applicant Legal Description Lot Dimensions Lot Frontage Lot Width Lot Depth Lot Area Lot Dimensions Lot Frontage Lot Width Lot Depth Lot Area Lot Dimensions Lot Frontage Lot Depth Lot Area Proposed Zoning By-law Surrounding Land Uses James A. Scheuerman and Rhonda A. Scheuerman Larry Schnurr Part of Lot 5, Concession 7 and South Part of Lots 4 and 5, Concession 8, geographic Township of Greenock Entire Parcel +/-248.3 m (814.6 ft.) Irregular +/- 1005.84 m (3300 ft) +/- 37.0 ha (91.5 ac.) Lands to be Severed +/- 83.82 m (275 ft) +/- 92.04 m (302 ft) +/- 51.21 m (168 ft) +/- 0.46 ha. (1.14 ac) Lands to be Retained +/-83.7 m (274. 6 ft.) Irregular +/- 36.6 ha (90.35 ac) Hamlet Residential Special (HR-x), General Agriculture Special (A1-x) and the Environmental Protection (EP) zone will remain unchanged. Agricultural uses to the North, Residential to the South and West. A cemetery to the East.
Subject Lands Appendix B - Provincial Policy Statement 2014 Apply? Policy Area X 1.0 Building Strong Communities X 1.1 Managing and Directing Land Use X 1.1.3 Settlement Areas 1.1.4 Rural Areas in Municipalities 1.1.5 Rural Lands in Municipalities 1.16 Territory Without Municipal Organization 1.2 Coordination 1.2.6 Land Use Compatibility 1.3 Employment 1.3.2 Employment Areas x 1.4 Housing 1.5 Public Spaces, Recreation, Parks, Trails and Open Space x 1.6 Infrastructure and Public Service Facilities X 1.6.6 Sewage, Water and Stormwater 1.6.7 Transportation Systems 1.6.8 Transportation and Infrastructure Corridors 1.6.9 Airports, Rail and Marine Facilities 1.6.10 Waste Management 1.6.11 Energy Supply 1.7 Long-Term Economic Prosperity 1.8 Energy Conservation, Air Quality and Climate Change
2.0 Wise Use and Management of Resources 2.1 Natural Heritage 2.2 Water 2.3 Agriculture 2.3.3 Permitted Uses 2.3.4 Lot Creation and Lot Adjustments 2.3.5 Removal of Land from Prime Agricultural Areas 2.3.6 Non-Agricultural Uses in Prime Agricultural Areas 2.4 Minerals and Petroleum 2.4.2 Protection of Long-Term Resource Supply 2.4.3 Rehabilitation 2.4.4 Extraction in Prime Agricultural Areas 2.5 Mineral Aggregate Resources 2.5.2 Protection of Long-Term Resource Supply 2.5.3 Rehabilitation 2.5.4 Extraction in Prime Agricultural Areas 2.5.5 Wayside Pits & Quarries, Portable Asphalt Plants and Portable Concrete Plants 2.6 Cultural Heritage and Archaeology 3.0 Protecting Public Health and Safety 3.1 Natural Hazards 3.2 Human-made Hazards Other Provincial Interests Ministry Policy Comment MMAH NA MCul NA MOE NA MTO NA MNR NA OMAFRA NA County of Bruce Official Plan 4.4.3 Settlement Patterns 5.2.4.3 General Policies (Hamlet Communities) 5.5 Agricultural Areas Municipality of Brockton Zoning By-law 2013-26 8.0 Hamlet Residential (HR) 6.0 Agriculture General (A1)
Appendix C - SVCA letter
Appendix D Development Concept
Appendix E Air Photo
Appendix F Bruce County Official Plan A
Appendix G Brockton Zoning By-law
Appendix H Draft Zoning By-law The Corporation of the Municipality of Brockton By-law No. 2018 - xxx Being a By-Law to Amend the Municipality of Brockton Comprehensive Zoning By-Law No. 2013-26, As Amended, The Council of the Corporation of the Municipality of Brockton pursuant to Section 34 of the Planning Act, 1990, therefore enacts as follows: 1. That Schedule A to By-Law No. 2013-26, as amended, is hereby further amended by changing the zoning symbol on Part of Lot 5, Concession 7 and South Part of Lots 4 and 5, Concession 8, geographic Township of Greenock, Municipality of Brockton, from Hamlet Residential (HR), General Agriculture (A1) and Environmental Protection (EP) zone to: i. General Agriculture Special (A1-98); ii. Environmental Protection (EP); and iii. Hamlet Residential Special (HR-12) as shown on Schedule A attached hereto and forming a part of this By-law. 2. That Section 6.3 Special Provisions to By-law No. 2013-26, as amended, is further amended by adding the following subsection: i. For lands zoned A1-98, the minimum lot area shall be 35 ha 3. That 8.4 Special Provisions to By-law No. 2013-26, as amended, is further amended by adding the following subsections: i. For the lands zoned HR 12, in addition to the uses permitted in the HR zone and subject to the regulations that apply to those uses, the following additional use is also permitted, subject to the regulations outlined as follows which shall prevail in the case of conflict: a) Permitted Use - Townhouse dwelling b) Regulations: Number of units, max: Lot area, min: Lot frontage, min: Front yard min: Interior Side yard, min: 8 units 4 units in each of 2 blocks 550 m2 per unit 10 m per unit 12 m Separation between blocks, min: 3 m Floor area gross, max: Building height, max: 10 east side and 3 m west side 120 m2 10 m Coverage, max: 28 % Services septic and water services to be provided on a communal basis
Note: for the purpose of determining lot area and lot frontage, the total area of the site will used, divided by the number of units. 4. That this By-law shall come into force and effect on the final passing thereof by the Council of the Municipality of Brockton, subject to compliance with the provisions of the Planning Act, R.S.O. 1990. Read, Enacted, Signed and Sealed this day of 2018. Mayor - David Inglis CAO/Clerk Sonya Watson
Appendix I THE CORPORATION OF THE MUNICIPALITY OF BROCKTON BY-LAW NO. 2018 xxx BEING A BY-LAW TO DESIGNATE A SITE PLAN CONTROL AREA WHEREAS the Official Plan for the County of Bruce empowers the Corporation of the Municipality of Brockton to describe certain lands within the Municipality as a proposed site plan control area; AND WHEREAS the Council of the Corporation of the Municipality of Brockton is empowered pursuant to Section 41 of the Planning Act, 1990 to designate the whole or any part of such area as a site plan control area; AND WHEREAS it is the declared intention of the Council of the Corporation of the Municipality of Brockton that any section or part of a section of this By-law which might subsequently be held to be illegal, shall be severable from the remainder of the By-law and shall not be deemed to have persuaded or influenced the Council to pass the remainder of the By-law; NOW THEREFORE THE COUNCIL of the Corporation of the Municipality of Brockton ENACTS as follows: 1. The following lands are hereby designated as a site plan control area; (i) Part of Lot 5, Concession 7 and South Part of Lots 4 and 5, Concession 8, geographic Township of Greenock (lands subject to the zoning amendment application: File Z-17-18.31 by L. Schnurr)) 2. No person shall undertake any development in the site plan control area designated under Section 1 of this By-law unless the Council of the Corporation of the Municipality of Brockton has approved of plans, drawings, agreements and other matters referred to in Section 41 of the Planning Act, 1990, or has passed a resolution exempting the development from such works. 3. The Mayor and Clerk of the Corporation of the Municipality of Brockton are hereby authorized to execute any agreements required pursuant to this By-law and affix the Corporate Seal. 4. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, 1990. READ A FIRST AND SECOND TIME THIS DAY OF 2018 MAYOR CAO/CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2018. MAYOR CAO/CLERK