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AGENDA Committee of Adjustment Meeting 206 Toronto St. S., Markdale, ON OCTOBER 16, 2013 - 1:00 pm
Page
1 CALL TO ORDER 2 DECLARATION OF PECUNIARY (FINANCIAL) INTEREST, Direct or Indirect 3 ADOPTION OF MINUTES 3 - 6 3.1 Adoption RESOLVE, That the Committee of Adjustment approves the minutes of September 18, 2013
____ as circulated _____ as amended 4 BUSINESS ARISING FROM THE MINUTES 5 NEW FILES 7 - 21 5.1 A02.2013 Southland Social Club Part Lot 1, Concession 7 - Lot 115 (Artemesia) 22 - 35 5.2 A03.2013 Southland Social Club Part Lot 1, Concession 7 - Lot 121 (Artemesia) 36 - 59 5.3 B09.2013, B10.2013, B11.2013 and B12.2013 Peters Part Lot 97, Concession 1 NETSR (Artemesia) 60 - 77 5.4 B14.2013 and B15.2013 Neil Part of Lot 151, Concession 3 SWTSR (Artemesia) 78 - 94 5.5 B16.2013 Taylor/Sears East Part of Lot 25, Concession 4 (Euphrasia) 95 - 106 5.6 B17.2013 McCracken Part Lot 154, Concession 1 NETSR (Artemesia) 107 - 117 5.7 B18.2013 Smith Lot 13, Plan 830 (Artemesia) 6 NEXT MEETING 6.1 November 20, 2013
Page 1 of 118 Committee of Adjustment - 16 Oct 2013
Page 118 6.2 2014 Meeting Dates: January 15, February 19, March 19, April 16, May 21, June 18, July 16, August 27, September 17, October 15, November 19, December 17 RESOLVE That the 2014 Meeting Dates be approved as presented. 7 ADJOURNMENT 7.1 Adjournment RESOLVE, That the Committee of Adjustment adjourn until the Call of the Chair.
Time: ______
Page 2 of 118
THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS
COMMITTEE OF ADJUSTMENT MINUTES - SEPTEMBER 18, 2013
Present: Paul McQueen (Chair), Manley Risk, Dave Clarke, Lynn Silverton, and Staff: Planner Kristine Loft and Secretary-Treasurer Deborra Crawford
Absent: Bill Trimble ***************************************************************
1 CALL TO ORDER 1.1 The Chair called the meeting to order at 1:00 p.m.
2 DECLARATION OF PECUNIARY (FINANCIAL) INTEREST, DIRECT OR INDIRECT 2.1 None with the items listed on the agenda.
3 ADOPTION OF MINUTES 3.1 Adoption - July 17, 2013 Minutes COA 13-10 Silverton-Risk RESOLVE, That the Committee of Adjustment approves the minutes of July 17, 2013 as circulated CARRIED.
4 BUSINESS ARISING FROM THE MINUTES 5 NEW FILES 5.1 B13.2013 Taylor/Sears East Part of Lot 25, Concession 4 (Euphrasia) The Chair read the regulations to the public In attendance: Antoin Diamond, Agent Signage: In place
Purpose & Effect: To sever a parcel of land with a lot area of approximately 20.05 ha. for uses related to the Bruce Trail Conservancy and having no frontage. The retained parcel would have a lot area of 21.36 hectares and frontage onto Sideroad 25.
Page 3 of 118 COMMITTEE OF ADJUSTMENT MINUTES - SEPTEMBER 18, 2013 - Page 2 of 4
The Consulting Planner Kristine Loft presented Planning Report PL.13.50 and agency comments.
Comments from Agent: Confirmed that once lands to the north and south merge with the proposed consent there will be legal access to property. A second consent application for this subject property has been filed with the Municipality and will be presented at the October 16, 2013 COA meeting. That proposed consent will ensure the agriculture portion of the property merges with the farmland to the east. The odd shape of proposed consent for application B13.2013 is due to topography; to maintain and manage the cold water stream and wetlands. It has been configured to exclude all working agriculture lands.
Comments from the Public: No opposition and no support.
Comments from the members: If the Grey Sauble Conservation Authority does not require a permit for any works on the property, the Municipality will accept a sign off letter from the Conservation Authority to fulfill a proposed condition of consent.
Recommendation: That Consent Application B13.2013 be approved with conditions.
Members Vote for B13.2013: Silverton – Support Clarke - Support with conditions Risk - Support Trimble - Absent McQueen - Support
Application B13.2013 was approved with conditions. The Public Meeting for applications B13.2013 then adjourned.
6 OTHER BUSINESS 6.1 B08.2012 - Part Lots 31 & 32, Concession 8 (Artemesia) - Conditional Consent provided on August 15, 2012 - Revision to Draft Survey requested B08.2012 was presented and approved by Committee on August 15, 2012. The purpose of the consent was to sever
Page 4 of 118 COMMITTEE OF ADJUSTMENT MINUTES - SEPTEMBER 18, 2013 - Page 3 of 4
approximately 0.6 hectares (1.48 acres) of land from the subject lands for the purposes of a lot addition and an easement for access. The effect of which will create a 54.4 hectares (134.42 acres) retained parcel. The amalgamated parcel will measure 0.57 hectares (1.42 acres). The easement created would measure 6.0 metres in width for access to the amalgamated parcel. The Planner confirmed that a draft sketch was supplied with the original application.
However, upon review of the final draft survey it is noted that there are two slight discrepancies, namely:
1. Top right of property is in Lake Eugenia but the severance numbers have been followed by the surveyor. There was confirmation that the top right of the property location is correct. 2. The original sketch of the road was squared off, however, the intent was to follow the road as it currently is, which the surveyor has done. The Planner and the Surveyor are in agreement that the original intent of the application was to follow the original laneway.
The Planner is seeking approval from Committee members on the new draft survey that it does follow the original intent of the application in order to assist the applicant in completing the consent application process.
COA 13-11 Clarke-Silverton RESOLVE That the Revised Draft Survey for B08.2012 Part Lots 31 & 32, Concession 8 in the Former Township of Artemesia be approved as presented. CARRIED.
7 NEXT MEETING 7.1 October 16, 2013
Page 5 of 118 COMMITTEE OF ADJUSTMENT MINUTES - SEPTEMBER 18, 2013 - Page 4 of 4
8 ADJOURNMENT 8.1 Adjournment COA 13-12 Risk-Clarke RESOLVE, That the Committee of Adjustment adjourn until the Call of the Chair.
Time: 1:40 p.m. CARRIED.
Paul McQueen, Chair
Deborah Crawford, Secretary- Treasurer
Page 6 of 118 MunicipaliÇ of Grey Highlands Committee of Adjustment Planning Report PL.13.63 October 16, 2013
Application Details: Minor Variance Application No. A02.2013 Location: 115 Southland Club PaÉ Lot 1, Concession 7 Owner: Southland Social Club Agent: Neil Pitcher, N. Pitcher Designs Grey County Official Plan: Inland Lake and Shoreline Grey Highlands Official Plan: Inland Lake and Shoreline Zoning By-law No. 2OO4-5O: Residential Shoreline (RS-26) Purpose and Effect: To vary the provisions of Section t6.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provision of maximum square footage for seasonal dwellings from 82.5 square metres to a proposed 95 square metres.
To relieve the 82.5 square metre maximum dwelling size by 15olo to permit the maximum dwelling size permitted to be 95 square metres.
Recommendation: That Minor Variance Application 402.2013 be DEFERRED.
1.O Planning Analysis: To assess the merits of this application the four (4) tests of a minor variance were reviewed in relation to the proposed development. The four (4) tests are as follows: . Is the request minor in nature? . Is the request desirable for the appropriate development or use of the land, building or structure? . Is the request maintaining the general intent and purpose of the Zoning By-law? . Is the request maintaining the general intent and purpose of the Official Plan? 2.O Analysis: 2.L Is the request minor in nature? The assessment of an application in this regard, should consider the impact of the proposal on that of the adjacent properties, and the compatibility of the proposal with the surrounding land use of the area. The use of the word 'minor' must be reviewed on a site- specific basis relative to the immediate impact the approval of the variance would impose on the surrounding neighborhood.
The Applicant has requested the Committee consider varying the provisions of Section L6.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provision of maximum square footage for seasonal dwellings from 82.5 square metres to a proposed 95 square metres.
The agent has provided a brief reason why the proposed development is unable to comply with the zoning requírements. The agent has indicated that as a designer, he is unable to fit the owners wishes to have a three bedroom cottage in the 82.5 square metre allowance and that with the additional square metres, he can accommodate the building code requirements and provide an attractive cottage.
Minor Variance 402.2013 - (Southland Social Club) Page 1 of 5
Page 7 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.13.63 October 16, 2013
The existing requirements related to square footage, relate to all residential units within the site. These limitations justified the original applications for seasonal dwellings on private seruices. As such, one can not review a single application at this time and conclude that it is minor.
2.2 Is the request desirable for the appropriate development or use of the land, building or structure?
The lands are located within the Southland Social Club. This is a development located on Irish lake. It is a Private Recreation Resort and ís subject to specific zoning provisions within Exception L6.26. The proposed minor variance requests a variance from subsection iii., which identifies a maximum gross floor area for season dwellings shall be 82.5 square metres.
Planning staff are of the opinion that an extensive review was completed at the time of the original approvals, including detailed zoning as well as a Development Agreement which atso identifies the provisions to which development must adhere to. Staff is generally concerned that the specific size identified in the policy documents as well as the Development Agreement speak specifically to the seasonal nature of the uses, and the minimum and maximum sizes for development. It is staff's opinion that the minimum and maximum sizes for structures explicitly ensures that development remains a seasonal social club, and that the extent to which the roads and services are built will continue to support the uses as originally permitted.
As such, staff is of the opinion that the proposal is not appropriate until such time as a more comprehensive review was completed.
2.3 Is the request maintaining the general intent and purpose of the Zoning By- law(s)? The subject lands are zoned Residential Shoreline (RS-26). As noted above the lands are part of the Southland Social Club. The following is the excerpt of Exception # 26:
'16.26 Permitted uses on lands with a (-26) exception number and described as Part of Lot 1, Concession 7, former Township of Artemesia, on Irish Lake, shall be limited to a Private Recreational Resort in accordance with the following definitions and provisions:
' All development shall be subject to Site Plan Control Approval
' A ?rivate Recreational Resort' shall mean premises used by a private club (or oryanÞation) for recreational PurPoses, where members may be temporarily accommodated in seasonal dwellings (or cottages). No other form of living or sleeping accommodation shall be permitted on the premises. One (1) Clubhouse Facility shall be permitted for the exclusive use of the club members.
' A, 'Seasonal Dwelling or Cottage' meâns one of a group of buildings in a recreational Resort equipped with sanitary and culinary facilities and desþed for human habitation on a temporary or occasional basis.
' A 'Temporary or Occasional' basis shall mean a maximum occupancy of 120 days per calendar year
' Regulations for a Private Recreational Resort:
Minor Variance 402.2013 - (Southland Social Club) Page 2 of 5
Page 8 of 118 MunicipaliÇ of Grey Highlands Committee of Adjustment Planning Repoft PL.13.63 October 16, 2013
i. Maximum number of Seasonal Dwellinç shall be 21 ii. Minimum gtoss floor arcafo¡ Seasonal Dwellinç shall be 62.5 square metres iii. Maximum gtoss floor area for Seasonal Dwellings shall be 82.5 square merres iv. Seasonal dwellings v'hich existed on or before Apttl 26,1999, rvhich exceed the maximum floor area provided above, may be altered, reconstructed or restored provided the alteration, reconstruction or restoration rvill not increase the height, size or volume of the Dwelling v. Maximum height for a Seasonal Dwelling shall be 1.5 stories vi. Maximum gross floor area for the Clubhouse shall be 110 square metres vü. Site Regulation: Each Seasonal Dwelling and the Clubhouse must be situated within an individual Building Enveþe as delineated on Schedule E-2,Map A of this Bylaw viü. Permitted Accessory Uses, Buildinç and Stn¡cnres shall include one (1) Accessory Building per building envelope, and unenclosed Picnic Areas ix. Maximum gross floor area for each Accessory Building shall be 9.25 square metres x. Iü(/ater supply a¡d/or sewage disposal shall not be installed, connected or provided to any Accessory Buildings or Structure xi. Lands identified rvith a (-26) exception number, are hereby subject to a holding provision established under Section 36 of the Planning Acq R.S.O, 1990, as amended. The holding symbol shall only be removed once an engineering report has been prepared to the satisfaction of the County of Grey, Ministry of the Environment and the Municipality, which demonstrates the adequacy of all existing and proposed water and sanitary sev/age systems on-site."
Based on the zon¡ng in place, as ¡t relates to the entirety of the development, staff are not conf¡dent that the application generally conforms to the site spec¡fic zoning in place. 2.4 Is the request ma¡nta¡n¡ng the genera¡ intent and purpose of the Officiat Plan? The subject lands are designated Inland Lakes and Shoreline and the following is the relevant Official Plan policy.
"The Inland Lakes and Shotelines desþation recognizes âf,eas of concentnted development in the vicinity of inl¿nd lakes and shorelines.
4.8.1 Permitted Uses ' One family deached dwellinç. ' Bed and breakfast establishments. 'Horne occupations. . Marinas. 'Golf Courses. ' Convenience cornrrnetcial and public uses. . Electdc Power Facilities and accessory uses and structures.
4.8.2lnlond Lokes ond Shorelines Policies (a) New development within the Inland Lakes and Shorelines desþation shall be limited to infilling, which is defined as the creadon of up to two new lots (with the exception of policy (c) below). All new development u¡ill be assessed on a site specific basis, and the proposal must have regatd to the cal:ryng capa'city of the lake, and other environment¿l limitations in the area. (b) Eugenia Lake eomprises æptoxim*tely f 00 permanent and seasond tesidendal dwe[in8s; whieh t
Minor Variance A02.2013 - (Southland Social Club) Page 3 of 5
Page 9 of 118 Municipality of Grey Highlands Gommittee of Adjustment Planning Report pL.13.63 October 16, 2013
(c) -,{ll new develoPment (excluding docks and boathouses which are porable or floating in nature) will be setback a minimum of 30 metres from shorelines. (d) Notwithsønding the pennitted uses of the Inland Lakes and Shorelines designation, a Ptivate Recteational Resort will be pennitted on Part of Lot 1, Concession Z, oo the north side of Itish Lake. A Pdvate Recreational Resort shall mean ptemises used by a private club (ot organization) for tecreational pulposes, where membere are accoûrmodated itt cottages. A limit of twenty-one cottages and one clubhouse facility shall be permitted on the prope"ty, subiect to Site Plan Contrcl approval.
Based on our review, staff are not satisfied that the proposal conforms to the Official plan site specific policy, until such time as more information is received regarding seruicing. 3.O Comments Received (Summary): Comments were provided from the following authorities having jurisdiction over the subject lands:
The County of Grey Planning & Development Department: Comments received October 2, 2Ot3 - Not supported until the EIS requirements and servicing concerns are addressed.
The County of Grey Transportation Selvices Depaftment:
The Municipality of Grey Highlands Building Department: Comments received September 20, 2Ot3 - No objections, the septic must be established within the identified approved area for this lot.
The Saugeen Valley Conservation Authority: Comments received October 4, 2013 - No objections.
Grey Highlands Fire & Emergency Services: Comments received September 23,2OL3 - No objections. 4.O Gonclusion: When reviewing the merits of this application Planning Staff found that the application does not meet the tests of a minor variance, and that it does appear to create issues with conformity of the Official Plan, Zoning Bylaw and Development Agreement.
Committee may wish to defer the application until such time as the applicant has an opportunity to review the comments and address the conformity issues and servicing issues.
Minor Var¡ance 402.2013 - (Southland Social Club) Page 4 of 5
Page 10 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.13.63 October 16, 2013
Respectfu I ly Su bmitted, Hr\¿>lù 8.h'ff Kristine Loft, s6s BAA Mcrp Rpp Consulting Planner
20L31 LO I 24
Attachments: 1 - Agency Comments 2 - Notice of Meeting and Sketch
Minor Variance A02.2013 - (Southland Social Club) Page 5 of 5
Page 11 of 118 #c$ifiIy prannins and Deveropment
595 I'n Avenue East, Owen Sound Ontario N4K 3E3 519-376-2205 / 1-800-S67-cBEY / Fax: Si9-376-7970 October 2,2013
Nicole Martin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P.O. Box 409 MARKDALE, Ontario NOC 1H0
Re: Minor Variance Application A2l2O13 115 Southland Club Part Lot 1, Concession 7 Part 11, Lot 115 Southland Club Municipality of Grey Highlands (Geographic Township of Artemesia) Owner: Southland Social Glub Agent: Neil Pitcher, N. Pitcher Designs
Dear Ms. Martin:
This correspondence is in response to the above noted application. We have had an oppoftunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments.
The purpose and effect of the subject application is to vary the provisions of Section 16.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provisions of maximum square footage for seasonal dwellings from 82.5 square metres to a proposed 95 square metres.
Schedule A of the OP designates the subject lands as 'Rural'. Section 2.3.2(1) of the OP states,
The Rural designation on Schedule A shall mean that the predominant use of the lands shall be for agriculture and forestry and uses connected with the conservation of water, soil, wildlife and other natural resources. ln addition to the uses permitted under Section 2.1.2(1) of this Plan, other uses also permitted within the Rural designation shall include low density non-farm residential, garden suites, small scale commercial and industrial uses, institutional and resource based recreational uses, sand and/or gravel operations proposed within Aggregate Resource Areas identified
Grey County: Colour lt Your Way
Page 12 of 118 Page2 October 2,2013 on Schedule B, licensed aggregate operations identified as Mineral Resource Extraction on Schedule B, and wayside pits and quarries in accordance with Section 2.7.2 of this Plan.
The subject application does not conforms to the above policy; however, it is noted that a zoning exception exists for the subject property (exception 16.26).
Schedule A also designates part of the lands as 'Hazard Lands'. Section 2.8.2(3) of the OP states,
ln the Hazard Lands designation buildings and structures are generally not permitted.
No development is proposed within the Hazard Lands.
Schedule A further designates a portion of the subject lands as 'lnland Lakes and Shoreline'. According to Section 2.6.6(1)of the OP,
The lnland Lakes and Shoreline designation on Schedule A shall be applied to areas of concentrated development in the vicinity of inland lakes and shorelines.
The proposed seasonal dwelling would not be located within the lnland Lakes and Shoreline designation.
Schedule B designates a large part of the subject lands as 'Aggregate Resource Area'. As the lot is existing and developed, the policies will not apply
Appendix B indicates that the majority of the subject lands are 'Significant Woodlands', including the location of the proposed cottage. Section 2.8-4(1) of the OP states,
No development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated through an Environmental lmpact Study, as per section 2.8.7 of this Plan, that there will be no negative impacts on the natural features or their ecological functions.
Nothing has been submitted with regard to the EIS requirements.
Exception 16.26(xi) in the Municipality of Grey Highlands Zoning By-law states,
Lands identified with a þ26) exception number, are hereby subject to a holding provisions established under Section 36 of the Planning Act, R.S.O, 1990, as amended. The holding symbol shall only be removed
Grey County: Colour lt Your Way
Page 13 of 118 Page 3 October 2,2013 once an engineering repoñ has been prepared to the satisfaction of the county of Grey, Ministry of the Environment and the Municiparity, which demonstrates the adequacy of all existing and proposed water and sanitary sewage systems on-site.
The County requires further information with regard to servicing on the subject tands.
The subject application is considered premature untilthe EIS requirements and seruicing concerns are addressed.
The County requests notice of any decísion rendered with respect to this file.
lf you wish to discuss this matter further, please do not hesitate to contact me.
/fuib¿..lt,tr,ur: Alisha Buitenhuis, B.E.S. Planner (519) 372-0219 ext. 1233 alisha.buitenhu [email protected] www.orev.ca
Grey County: Colour lt Your Way
Page 14 of 118 Grev ,.i , í.i¡iI ( if ii {l',çr',i.tr;iIr Higtíl i it
September 20h, 2013 28-R.-13 180-004-18400
Southland Social Club c/o Neil Pitcher, Agent 7b Main St. E Markdale, Ont. NOC 1H0
Dear Mr. Pitcher, Re: Southland Social Club (Juretic) A02l2013 Pt. Lot 1 Con. 7 former Aftemesia Twp.
Staff from the Municipality of Grey Highlands has reviewed the above noted application for Minor Variance to permit the maximum square footage from 82.5 m2 to 95 m2 and we offer the following comments.
Please be advised that the Buílding Department of the Municipality of Grey Highlands have no objections to an application for Septic Approval as long as placement follows regulation guidelines. The septic must be established within the identified approved area for this lot. All applicable laws must be adhered to by applicant and requirements satisfied before Grey Highlands Building Department will issue any permits.
Yours Truly, ,{¡fÁ e,,Cy.*-- -John Acres, CBCO, CRBO Director Building, Facilities & By-law Services, Chief Building Official 519-986-L2t6 x228 c.c. Planning
JA/kh
The Municipality of Grey Highlands ; J 206 Toronto street south, unit one p.o.Box 409 Markdale, ontario Noc lHo 3519-986-281I Tolt-Free At-888-342-4059 Fax 519-986-3643 ø.i www.erevhichlands.ca Xl [email protected]
Page 15 of 118 'r5;24 Lø!ø412øI3 r -51 9-367-3ø41 S,qUG C:I]NSERU.+TION PÊIGE øI! ø2
october 4'2013 Building, Facilities and Éy-Law services The Mruicipaliry of Grey Highlands lO78 Bruce Rd. 12. 206 Toronto Srreet South, LJnit +I PO. Box 150 P,O. Formosa ON Box 409 CanadeNOG lWO Markclale, ON NOC IHO Tel 5 I 9-367-3o{0 Fax 5 l9-367-1041 [email protected] w\'\/v.svca,on.ce ATTENTION: Debbig Robertson. Clerk
Dear Mrs. Robertson:
Proposed RE: Mino¡ Variance A}Z.ZOlj and application for Sire plan approval IO.ZAß Part Lot 1, Concession 7 Lot 115 Southland Club pa¡.t l l Geographic Township of Artemesia
The saugeen valley conservation Aurhority (svcA) has rcviewed the above noted Minor variance arrcl applicat¡on ioi site pian approval based on our policies and mandate andthe nremorandunr of agreenrent between the svcA and the Mr.rnicipality of Grey Highlands associated plan with review. The proposed rvlinor var.iance and Site plan are acceptable to the svcA. The svcA offers the following comnrenrs.
There ¿ì.re no significant natt¡r¿rl heritage fèatures or nattual hazar-ds affected by this proposal.
All of rhe plan review functions listed i¡ the agreemenr have been assessed rvith respecllo this proposal, the Aurhority is of the opinion thar this proposed Minor variance and application for Site plan approval appear to corrform to the relevant policies of the Grey county official Plan a¡rd Provincial Policies referre Yours Sincerely, Conservation Wr)+t"r** -Ø,gf Andrea Oàlschlagel A ME^ BfR oF Regulations Officer AOt cc: David Kell, SVCA Director, via email Conservatlon ONTARIO À.tlþ.nt ('/UôrDðr Page 16 of 118 Grey Highlunds Fíre & Emergency services Comments - Mínor Vqríønce Fiie î.io. AA2 -2013 Locaiion: ii5 Southianci Ciub Roll No. 420818000418400 Applicant: Southland Social Club Agent: Neil Pitcher Designs No CoUMENT The Minor variance does not, in the opinion of the Fire Department, raise any fire safety concerns. txl Aov¡seuenr The Minor Variance does, in the opinion of the Fire Department, raise fíre safety concerns and issues. It is recommended the applicant be advised of the comments attached. CoruolnoNS It is the opinion of the Fire Department that the fire safety concerns addressed on the following page(s) should be included as conditions of approval for the proposed Minor Variance. RepusRl_ The Minor variance, in the opinion of the Fire Department, creates an exceptional fire safety hazard with no viable means of correcting or minimising the risk. The concerns are ouflined on the following pagelJ¡. Name: R. Leeson Title: Fire Chief Signature: Date: September 23, 2Oi3 [ ] Comments Attached Page 17 of 118 Gieü Higlílancls TRANSPORTATION AND ENVIORNMENTAL SERVICES COMMENTS FOR PLANNING APP!-ICATIONS Application r¡teNo.*Z o2 - ZotS_ o"r", S-nrrj, Bo/, < Owner: -gl---l--c¿*L Applicant: Location: Lot No._ Concession:_- ---M unicipal Address: Road Alignment: _Urban_--Rural Road Widening Required: Retained Parcel: Yes ___=_No Widrh Severed Parcel: Yes NO widrh Entrance Clearly Marked: Yes __No_Visibitity/Sight Lines: Lot Drainage: Comment s: éLcc-¿s> {. uI l*"--. F,."? 7 ¡'S o Pr,., ,le ?q,q no. Approval: yes_-__ No comments providec! or'4, t S (r, /r/o/ -signarure: PTEASE PRINT Page 18 of 118 the corporation of the Municipality of Grey Highlands COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION FOR A MINOR VARIANCE tn n t' - n o uo " " ¿l:?,â::'r,:tnoort l?:' " "," " TAKE NOTICE that the Municipatíty of Grey Highlands Committee of Adjustment has appointed, th for the purpose of a public hearing into this matter. The hearing will be held at the Municipality of Grey Highlands Municipal Offices (Grey Gables Building, lower level), 206 Toronto Street South, Unit #1, MARKDALE, Ontario. APPLICATION FOR A MINOR VARIANCE: 4O2.2O13 REGISTERED OWNER: Southland Social Club PURPOSE and EFFECT: To vary the provisions of Section L6.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provision of maximum square footage for seasonal dwellings from 82.5 square metres to a proposed 95 square metres. LEGAL DESCRIPTION: Part Lot 1, Concession 7 Former Township of Artemesia (Lot 115 Southland Club part 11) suBJEcr PARCEL: FRONTAGE: 21.3m DEprH:47.25m AREA: .153ha HAVING ACCESS ON: Baliton Trail CIVIC ADDRESS: 133 Irish Lake Road (commonly known as 115 Southland Club) ASSESSMENT ROLL NUMBER: 42.08.180. 004. 1 8400. 0000 Property owners within 1.20 metres (legislation requires 60 metres) of the subject land are hereby notified of the above application for a minor variance. Individuals who submit letters and other information to committee should be aware that any personal information contained within their communications may become part of the public record and may be made available through the Committee agenda process. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed minor variance does not.make written submissions commiitee Municipality to: of Adjustment, of Grey Highlands before lt gives ä-re les Io give a minor variance, the ontario Municipal Board may dismiss the appeal. rf you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the committeã of Adjustment. also entitle you This will to be advised of a possible ontario Municipal Board Hãaring. Even if you are the successful party, you should request a copy of the decision Adjustment since the Committee of decision may be appealed to the oniario Municipal Board by the applicant another member or of the public. To appeat the decision to the Ontario Municipal Board, send a letter to the secretary-Treasurer for the committee of Adjustment, ùun¡cipatity Highlands of Grey outlining the reasons for the appeal. You must enclose the äppeal fee of g125 each application for appealed, paid by cheque made payable to the ontario Minister of Finance. Additional information regarding the application is available for public inspection at the municipal from Monday gffices to Friday B:30 a.m. to 4:30 p.m. when requesting information please quote File No. 402.2013. Agenda's for all meetings are published on www.oreyhiohlands.ca - Council Agendas and Minutes Building, Facilities and By-law Services The Municipality of Grey Highlands 206 Toronto Street South, Unit #1 P.O. Box 409 Markdale ON NOC 1H0 Tetephone: (519) 986-2811; Fax: (519) 986_3643 Dated at the Municipality of Grey Highlands this 24th day of September,2OL3. Page 19 of 118 Page 20 of 118 w¡ 9lry¡Æþf ro*ru. cê{!å¿.a< .a 4e'.t ¡:: sYFl?{c ê$ 3r! :\a qqær ¡F Þæle¡EËt ro f alr¿¡É ø6ú ærctÞrcø{ff@(. &wt üløslr to il ârÂao èr:øv @ Þrs ¡ø oaEh€&¡ffisqdY e, lwtå! âY{a6 '.Y.ft/ i \ å rl'#.2'.Øl\ i \ l ,¿'t , (!, Ê.4\É I I' t' PART il¡ LOT il5 PART IO I --RbFogEõ-ñEûrëoT¡tc;e"- FOR \/ICKI TJÊETIê ' OgKAR EAKÁL LOT II9 gOUTI{LANÞ CLUB PART II PART LOr l, ÕOttlCË99lON 1 ..éÊY úÈúI ANñê Z.êEY 'ÂINI?Y Ë &&-! 4P.O. Ad Þ BALITON TRAIL lMt4 &rc L[ ¡ûg¿ê N.Pitcher øçû.Ø.Vtâror... [:c:. g;r:. R.ttøb v. !4 t¿øl TIJOÍ¡KIN6 ÞRÂlJNGg gtTE PLAN t J-tbgtot Page 21 of 118 --'**''' -'-" ãEå'S:Jìiá- -tÀâf 2 o acRES -' 13 aPPßoxlsal€lY RES€RVE fILE lãlÑ 'o 8€D LOCAfTON \ 30.6@ SO fr \r i-l ) @ ã U cts zo o J U qz o oG gØ ø z o3 ts ull z u@ lr.*oo.. 3 F @ 6 EffiI U I zo /:lir,:,:'l 3 o J #__- J Õ o c '.!' I Municipality of Grey Highlands Committee of Adjustment Planning RepoÉ PL.13.64 October 16, 2013 Application Details: Minor Variance Application No. 403.2013 Location: 115 Southland Club Part Lot 1, Concession 7 Owner: Southland Social Club Agent: Neil Pitcher, N. Pitcher Designs Grey County Official Plan: Inland Lake and Shoreline Grey Highlands Official Plan: Inland Lake and Shoreline Zoning By-law No. 2OO4-5O: Residential Shoreline (RS-26) Purpose and Effect: To vary the provisions of Section L6.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provision of maximum square footage for seasonal dwellings from 82.5 square metres to a proposed 90 square metres. To relieve the 82.5 square metre maximum dwelling size by 9olo to permit the maximum dwelling size permitted to be 90 square metres. Recommendation: That Minor Variance Application 402.2013 be DEFERRED. 1.O Planning Analysis: To assess the merits of this application the four (4) tests of a minor variance were reviewed in relation to the proposed development. The four (4) tests are as follows: . Is the request minor in nature? ' Is the request desirable for the appropriate development or use of the land, building or structure? ' Is the request maintaining the general intent and purpose of the Zoning By-law? ' Is the request maintaining the general intent and purpose of the Official Plan? 2.O Analysis: 2.L Is the request minor in nature? The assessment of an application in this regard, should consider the impact of the proposal on that of the adjacent properties, and the compatibility of the proposal with the surrounding land use of the area. The use of the word 'minor' must be reviewed on a site- specific basis relative to the immediate impact the approval of the variance would impose on the surrounding neighborhood. The Applicant has requested the Committee consider varying the provisions of Section L6.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provision of maximum square footage for seasonal dwellings from 82.5 square metres to a proposed 90 square metres. The agent has provided a brief reason why the proposed development is unable to comply with the zoning requirements. The agent has indicated that as a designer, he is unable to fit the owners wishes to have a three bedroom cottage in the 82.5 square metre allowance and that with the additional square metres, he can accommodate the building code requirements and provide an attractive cottage. The existing requirements related to square footage, relate to all residential units within the site. These limitations justified the original applicatíons for seasonal dwellings on private Minor Variance A02.2013 - (Southland Social Club) Page 1 of 5 Page 22 of 118 Municipality of Grey Highlands Committee of Adjustment Planning RepoÊ PL.13.64 october 16, 2013 seruices. As such, one can not review a single application at this time and conclude that it is minor. 2.2 Is the request desirable for the appropriate development or use of the tand, building or structure? The lands are located within the Southland Social Club. This is a development located on Irish lake. It is a Private Recreation Resort and is subject to specific zoning provisions within Exception 16.26. The proposed minor variance requests a variance from subsection iii., which identifies a maximum gross floor area for season dwellings shall be 82.5 square metres. Planning staff are of the opinion that an extensive review was completed at the time of the original approvals, including detailed zoning as well as a Development Agreement which also identifies the provisions to which development must adhere to. Staff is generally concerned that the specific size identified in the policy documents as well as the Development Agreement speak specifically to the seasonal nature of the uses, and the minimum and maximum sizes for development. It is staff's opinion that the minimum and maximum sizes for structures explicitly ensures that development remains a seasonal social club, and that the extent to which the roads and services are built will continue to support the uses as originally permitted. As such, staff is of the opinion that the proposal is not appropriate until such time as a more comprehensive review was completed. 2.3 Is the request maintaining the general intent and purpose of the Zoning By- law(s)? The subject lands are zoned Residential Shoreline (RS-26). As noted above the lands are part of the Southland Social Club. The following is the excerpt of Exception # 26: *76.26 Petmitted uses on lands with a (-26) exception number and described as Part of Lot 1, Concession 7, former Township of Artemesia, on Irish Lake, shall be limited to a Private Recreational Resort in accordance with the following definitions and provisions: ' All development shall be subject to Site Plan Control Approval ' A ?rivate Recreational Resort' shall mean premises used by a private club (or organization) for recreational purposes, where membets may be temporarily accommodated in seasonal dwellings (or cottages). No other form of living or sleeping accommodation shall be permitted on the premises. One (1) Clubhouse Facility shall be permitted for the exclusive use of the club members. ' A 'Seasonal Dwelling or Cottage' means one of a group of buildinç in a recreational Resort equipped with sanitary and culinary facilities and desþed for human habitation on a temporary or occasional basis. ' A 'Temporary or Occasional' basis shall mean a maximum occupancy of 720 days per calendar year ' Regulations for a Private Recreational Resort: i. Maximum number of Seasonal Dwellings shall be 21 ii. Minimum gross floor area for Seasonal Dwellinç shall be 62.5 square met¡es M¡nor Var¡ance A02.2013 - (Southland Social Club) Page 2 of 5 Page 23 of 118 Municipality of Grey Highlands Committee of Adjustment Planning RepoÊ PL.13.64 October 16, 2Ot3 iii. Maximum gross floor area for Seasonal Dwellinç shall be 82.5 square metres iv. Seasonal dwellinç which existed on or before ApnI 26,1999, which exceed the maximum floor area provided above, may be altered, reconstructed or restored provided the alteration, reconstruction or restoration will not increase the heþhg size or volume of the Dwelling v. Maximum heþht for a Seasonal Dwelling shall be 1.5 stories vi Maximum gross floor arca for the clubhouse shall be 110 square metres vü. Site Regulation: Each Seasonal Dwelling and the Clubhouie must be situated within an individual Building Envelope as delineated on Schedule E.-2,Mrap A of this Bylaw vüi. Permitted A"cessory Uses, Buildings and Structures shall include one (1) Accessory Building per building envelope, and unenclosed Picnic Areas ix. Maximum gross floor area for each Accessory Building shall be 9.25 square metres 1 Watet supply and/or sewage disposd shall not be installed, connected or provided ro any Accessory Buildinç or Structure xi. Lands identiFred rvith a (26) exception number, are hereby subject to a holding provision estabüshed under Section 36 of the Planning Act, R.S.O, 1990, as amended. The holding symbol shall only be removed once an engineedng rePort has been prepared to the satisfaction of the County of Gre¡ Ministry of the Environment and the Municipality, which demonstrates the adequacy of all existing and proposed u¡ater and sanitary sewage systems on-site." Based on the zon¡ng in place, as ¡t relates to the entirety of the development, staff are not conf¡dent that the appl¡cation generally conforms to the s¡te spec¡fic zoning in place, untit such time as further information ¡s received. 2.4 Is the request ma¡nta¡n¡ng the general intent and purpose of the Official Plan? The subject lands are des¡gnated Inland Lakes and Shoreline and the following is the relevant Official Plan policy. "The Inland Lakes and Shorelines desþation recognizes areas of concentrated development in the vicinity of inland lakes and shorelines. 4.8.1 Permitled Uses 'One family deached dwellings. ' Bed and breakfast establishments. ' Home occupations. . Marinas. 'Golf Couses. ' Convenience corrrmercial and public uses. ' Electric Power Facilities and accessory uses and struchres. 4.8.2lnlqnd lokes ond Shorelines Policies (a) New development within the Inland Lakes and Shorelines desþation shall be limited to infilling, which is defined as the creation of up to two nev/ lots (with the exception of policy (c) below). A.ll new development will be assessed on a site specific basis, and the proposal must have regard to the carrying capacity of the lake, and other envirorÌmental limitations in the area. r (b) Eugenia ake eomprises æptoximately 100 permanent and seasond res:dentid dwett:rgq whieh i'rctud€s æpreximâteþ Minor Var¡ance 402.2013 - (Southland Social Club) Page 3 of 5 Page 24 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Repoft pL.13.64 October 16, 2Ol3 G)_ Atl new develoPment (excluding docks and boathouses which are portable or floating in natue) will be setback a minimum of 30 metres from shorelines. (d) Notwithstanding the permitted uses of the Inland Lakes and Shodines designation, a Private Recteational Resort will be permitted on Part of Lot 1, Concession ?, oo the noth side of Idsh Lake. A Pdvate Recteational Resort shall mean ptemises used by a pdvate club (ot otganization) for tecreational pqposes, where memberc are accornrnodaied in cottages. A limit of twenty-one cottages and one clubhouse facility shall be pennitted on the ptop.tty, subiect to Site Plan Contol approval. Based on our review, staff are not satisfied that the proposal conforms to the Official plan site specific policy until such time as further information is received. 3.O Comments Received (Summary): Comments were provided from the following authorities having jurisdiction over the subject lands: The County of Grey Planning & Development Department: Comments received October 2, 2OL3 - Not supported until the EIS requirements and servicing concerns are addressed. The county of Grey Transportation selvices Department: No comments. The Municipality of Grey Hightands Building Department: Comments received September 20, 2Ot3 no objections as long as the septic is established within the identified approved area for this lot. The Saugeen Valley Conservation Authority: Comments received October 4, 2013 No objections. Grey Highlands Fire & Emergency Services: Comments received September 23, ZOt3 - No objections. 4.O Conclusion: When reviewing the merits of this application Planning Staff found that the application does not meet the tests of a minor variance, and that it does appear to create issues with conformity of the Official Plan, Zoning Bylaw and Development Agreement. Committee may wish to defer the application until such t¡me as the applicant has an opportunity to review the comments and address the conformity issues and servicing issues. Minor Variance 402.2013 - (Southland Social Club) Page 4 of 5 Page 25 of 118 Municipality of Grey Highlands Committee of Adjustment Planning RepoË PL.13.64 October 16,2013 Respectfu lly Su bmitted, Htt¿rl-r,ù I . [.crÍf Kristine Loft, sEs B¡¡ Mcrp Rpp Consulting Planner 20L31 LO I 24 Attachments: 1 - Agency Comments 2 - Notice of Meeting and Sketch Minor Variance 402.2013 - (Southland Social Club) Page 5 of 5 Page 26 of 118 ñc,çilîË, prannins and Deveropment 595 9'n Avenue East, Owen Sound Ontario N4K 3E3 519-376-2205 / 1-800-567-GREY / Fax: S19-376-7970 October 2,2013 Nicole Madin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P.O. Box 409 MARKDALE, Ontario NOC 1H0 Re: Minor Variance Application A3/2013 121 Pinewood Drive Part Lot 1, Concession 7 Part21, Lot 121 Southland Glub Municipality of Grey Highlands (Geographic Township of Artemesia) Owner: Southland Social Glub Agent Neil Pitcher, N. Pitcher Designs Dear Ms. Martin: This correspondence is in response to the above noted application. We have had an opportunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments. The purpose and effect of the subject application is to vary the provisions of Section 16.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provisions of maximum square footage for seasonal dwellings from 82.5 square metres to a proposed 90 square metres. Schedule A of the OP designates the subject lands as 'Rural'. Section 2.3.2(1) of the OP states, The Rural designation on Schedule A shall mean that the predominant use of the lands shall be for agriculture and forestry and uses connected with the conservation of water, soil, wildlife and other natural resources. ln addition to the uses permitted under Section 2.1 .2(1) of this Plan, other uses also permitted within the Rural designation shall include low density non-farm residential, garden suites, smallscale commercial and industrial uses, institutional and resource based recreational uses, sand and/or gravel operations proposed within Aggregate Resource Areas identified Grey County: Colour lt Your Way Page 27 of 118 Page2 October 2,2013 on schedule B, licensed aggregate operations identified as Mineral Resource Extraction on schedule B, and waysÍde pits and quarries in accordance with Section 2.7.2 of this Plan. The subject application does not conforms to the above policy; however, it is noted that a zoning exception exists for the subject property (exception 16.26). Schedule A also designates pad of the lands as 'Hazard Lands'. Section 2.8.2(3) of the OP states, ln the Hazard Lands designation buildings and structures are generally not permitted. No development is proposed within the Hazard Lands. Schedule A further designates a portion of the subject lands as 'lnland Lakes and Shoreline'. According to Section 2.6.6(1) of the OP, The lnland Lakes and Shoreline designation on Schedule A shall be applied to areas of concentrated development in the vicinity of inland lakes and shorelines. The proposed seasonal dwelling would not be located within the lnland Lakes and Shoreline designation. Schedule B designates a large part of the subject lands as 'Aggregate Resource Area'. As the lot is existing and developed, the policies will not apply Appendix B indicates that the majority of the subject lands are 'Significant Woodlands', including the location of the proposed cottage. Section 2.8.4(1) of the OP states, No development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated through an Environmental lmpact Study, as per section 2.8.7 of this Plan, that there will be no negative impacts on the natural features or their ecological functions. Nothing has been submitted with regard to the EIS requirements. Exception 16.26(xi) in the Municipality of Grey Highlands Zoning By-law states, Lands identified with a (-26) exception number, are hereby subject to a holding provisions established under Section 36 of the Planning Act, R.S.O, 1990, as amended. The holding symbol shall only be removed Grey County: Colour lt Your Way Page 28 of 118 Page 3 October 2,2013 once an engineering report has been prepared to the satisfaction of the county of Grey, Ministry of the Environment and the Municiparity, which demonstrates the adequacy of all existing and proposed water and sanitary sewage systems on-site. The County requires fufther information with regard to servicing on the subject lands. The subject application is consídered premature untilthe EIS requirements and servicing concerns are addressed. The County requests notice of any decision rendered with respect to this file. lf you wish to discuss this matter further, please do not hesitate to contact me. truly, - Planner (519) 372-0219 ext. 1233 al isha. bu iten hu is@ gfey.ca www.grey,ca Grey County: Colour lt Your Way Page 29 of 118 Gieü Higlílancls TRANSPORTATION AN D ENVIORN M ENTAL SERVICES COMMENTS FOR PLANINING APP!-ICATIONS Applicant: Location: Lot No. addr"{./rrl/ -,---concession:---Municipar ?rn"-*J Dr.ì Road Widening Required: Retained Parcel: Yes5 Severed Parcel: Yess No--Width E ntrance Clearly Marked: Yes_No_Visibitity/Sight Lines: Lot Drainage: Comment s: Approval: Yes-_No_- Comments providec! by:drt â -, l,,r/"/ _Sígnarure: PTEASE PRINT Page 30 of 118 Grev Higlíl 'ili¿' yí* r í f tri r¡f/,ji i¡.-ftlff"{ September 2Oö,2013 29-R-13 180-004-18400 Southland Social Club c/o Neíl Pitcher, Agent 7b Main St. E Markdale, Ont. NOC 1H0 Dear Mr. Pitcher, Re: Southland Social Club (Jasco) A03/2013 Pt. Lot 1 Con. 7 former Aftemesia Twp. Staff from the Municipality of Grey Highlands has reviewed the above noted application for Minor Variance to permit the maximum square footage from g2.5 m2 to 90 m2 and we offer the following comments. Please be advised that the Building Depaftment of the Municipality of Grey Highlands have no objections to an application for Septic Approval as long as placement follows regulation guidelines. The septic must be established within the identified approved area for this lot. All applicable laws must be adhered to by applicant and requirements satisfied before Grey Highlands Building Depaftment will issue any permits. dffiq Ø.- John Acres, CBCO, CRBO Director Building, Facilities & By-law Services, Chief Building Official 519-986-t2L6 x228 c.c. Planning JA/kh The Municipality of Grey Highlands [ãl 2o6 Toronto street south, unit one p.o.Box 409 Markdale, ontario Noc lHo 4519-986-2811 Toll-Free Ai-888-342-4059 Fax 519-986-3643 /tl www.crevhiehlands.ca El [email protected] Page 31 of 118 rF:! ø4!'2øt 3 1,5:24 l. -51 9-36T-3t4I SÊUG CONSERUåTTIIN PÊGE UJ2/Ø2 October 4,Zel3 Buildìng, Facilities and By-Law Services The lvlunicipaliry of Grey Highlands lO78 Bruce Rd. 12. 206 Toronto Sheet Soutli, PO.Box 150 Unit *t P.O. Formosa ON Box 409 Canada NOG lW0 Ma¡kdale, ON NOC lHO Tel 5 I 9-367-3040 Fax 5 l9-367-304 I [email protected]_€a www.wca,on,ca ATTENTION: Debbie Robertson. Clerk Dea¡ Mrs. Rot¡ertson: RE: Proposed Variance Minor A03.2013 and application for Site plan approval 11.2013 Part Lot l, Concession 7 Lot 121 Southland Club p¿ut 2l Geographic Township of Artemesia saugeen vailey - -The conservation Authority (svcA) has reviewed the above nored Minor v-arianc_e and application í¡ì siteãan approvar based on policies 9,* and mandat" *¿ rrr" ,nernorandunr of agreernent between the sVCAand the Mu¡ricipality of füey Highl""á; associated with plan ¡eview, The proposed Minor varia'cä unà'sit" prari ¿ue acceptable to trre svcA. The sVCA offers rrre following.onrro"n,*- There arc no significant nâtuÌal heringe features or natural haza¡ All of the plan revistÃ/ functions listecl in the agreenrent have been assessed with re_specr to rhis proposal, tbe Authority*is of the opinion that this proposed Minor variance and apprication t'or iit" pl* approvar appear to conform tlth: relevant policies of the Grey county official Plan ard Provincial policies referr.d to in the ug.""rrr"nt. we rust tlrese conuùenrs tue helpful. shoulcl qucstio.s arise oì if clarificarion is needed, pJease do not hesitate to contact this offic-e. Yotus Conservation Sincerely, U;l+.,"aø* _e,4rZ Andrea Oàlschlagel A ME vIB€R of Regulations Oftìcer AO/ cc: D¿rvid Kell, SVCA Þirecror, via email .ONTARIOConservatíon r\llQitl ü¡¡øtl¿0) Page 32 of 118 The corporation of the Municipality of Grey Highlands COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION FOR A MINOR VARIANCE The Planning Act, RSO 1990, as amended appointed, r the purpose of a public hearing into this matter. The hearing will be held at trre Municipality of Grey Highlands Municipal Offices (Grey Gables Building, lower level), 206 Toronto Street South, Unit #1, MARKDALE, Ontario. APPLICATION FOR A MINOR VARTANCE: AO3.2O13 REGTSTERED OWNER: Southland Social Club AGENT: N. Pitcher Designs PURPOSE and EFFECT: To vary the provisions of Section 16.26 of the Municipality of Grey Highlands Zoning By-law to provide relief from the provision of maximum square footage for seasonal dwellings from 92.5 square metres to a proposed 90 square metres. LEGAL DESCRIPTION: part Lot 1, Concession 7 Former Township of Artemesia (Lot 121 Southland Ctub part 21) suBJEcr PARCEL: FRONTAGE: 32.9m DEprH:45.lm AREA: .139ha HAVING ACCESS ON: Pinewood Drive CIVIC ADDRESS: 133 Irish Lake Road (commonly known as 121 Pinewood Drive) ASSESSMENT ROLL NUMBER: 42.08.180.004.18400 SEE SKETCH ATTACHED Property owners within 120 metres (legislation requires 60 metres) of the subject land are hereby notified of the above application for a minor variance. Individuals who submit letters and other information to committee should be aware that any personal information contained within their communications may become part of the public record and may be made available through the Committee agenda procurs. If a person public or body that files an appeal of a decision of the Committee of Adjustment of proposed in respect the minor variance does not make written submissions comm¡itee Municipality to: of Adjustment, of Grey Highlands before it glves-ìiTãrLrses fo give a minor variance, the ontario Municipal Board may dismiss the appeal. rf you wish to be notified of the decision of the committee of Adjustment in respect of this application, you must submit a written request to the committeã of Adjustment. also entitle you This will to be advised of a possibte Ontario Municipal Board Hãaring. Even if you are the successful party, you should reguest a copy of the decision since Adjustment the committee of decision may be appealed io the oniirio Municipat Board by the appticant or another member of the public. To appeal the decision to the ôntario a letter Municipal Board, send to the Secretary-Treasurer for the Committee of Adjustment, Municipality of Grey Highlands outlining the reasons for the appeal. You must enclose the âppeal fee g125 each of for application appealed, paid by cheque made payable to the Ontario Minister of Finance. Additional information regarding the application is available for public inspection at the municipal gffice¡ from Monday to Friday B:30 a.m. to 4:30 p.m. when requesting information please quote No.403.2013. File Agenda's for all meetings are published on www.greyhiohlands.ca - Council Agendas and Minutes Building, Facilities and By-law Services The Municipality of Grey Highlands 206 Toronto Street South, Unit #1 P.O. Box 409 Markdale ON N0C 1H0 Telephone: (519) 986-2811; Fax: (519) 986_3643 Dated at the Municipality of Grey Highlands this 24th day of September,2013. Page 33 of 118 Page 34 of 118 þÉ, æ4Eg ÁRE þT 1O EE æ4Ð. æNruÎæ T0 @F ¡tr OWO{9dgrE ÁS æær aw oÆRFA€EE ¡O N. PilAæ ÞÞ65 æRæÐMMHÂNYffi. g U,ORK rul COFLY 1O rrñ&þ&DN6 æ- W6W DæNtrAffiffiIÛ [I) MEPÂ! BY.:Æ I \b ,RIúÐ IFJ q \ \ $ $ gg?fic 2Ð ! I I PART 2I i FOR r1ÁRta JÁa90 LOT I2I gOUTI.ILANÞ CLUB PART PART LOT I, CONCESgION 1 Þt.t^*ÁeP.o.bØ PINEI,I'OOD DRIVE ñtrddo.d ¡¡æFþ N.Pilcher Design_s.. t\ gtTE PLÁN \l-rl 9c,ÂLE¡ N.T.9. Page 35 of 118 É-' ----'---- I CONCESSION ----¿-¿ r-;;.Ë;-' i tlI r----- i li ãEåli#ii'. I 2'O ACRÉS Iili ÀPPROXIMAIELY I nesenvÉ T¡LE I I BEo LocAfroN i i---l ..6æ so Fr riI I I ) rl I ILrl L i I Ø @ ã U ts G ô (, ¿,,,tËr.,r J U 0z ro o Ç-* ø c tt z %r" o F= z U @ È oU ii o ii z ' I PARTT o; I J stÍ.p¡Fcr ro,Êrex¡ I o co \ \ \ I Municipality of Grey Highlands Committee of Adjustment Planning Repoft PL.13.65 October 16, 2013 Application Details: Consent Applications 809. 2013, 810,2013, B1 1. 2013, 8L2.20L3 Location: Part Lot 97, Concession 1 NETSR (Part 1, Registered Plan No. 17R-3184 (The Former Village of Markdale) Registered Owner: Fredrick & Margaret Elizabeth Peters Grey County Official Plan: Settlement Grey Highlands Official Plan: Hamlet Zoning By-law No. 2OO4-5O: Rural (42) Proposal: 809.2013 - To sever approximately .56 ha from the subject lands for the purposes of a lot creation. The effect of which will create a .41 ha retained parcel. (Residential Lot) 810.2013 - To sever approximately .13 ha from the subject lands for the purposes of a lot creation to the property directly West of the subject lands. The effect of which will create a .28 ha retained parcel. The severed parcel will be created for a road allowance. (Road Allowance) 811.2013 - To sever approximately 0.0925 ha from the subject lands for the purpose of lot creation. The effect of which will create a .28 ha retained parcel. (Residential Lot) 812.2013 - To sever approximately .0925 m2 from the subject lands for the purposes of a lot creation. The effect of which will create a .0915 m2 retained parcel. (Residential Lot) Recommendation: That Consent Applications 809.2013, 810.2013, 811.2013 and Bt2.2013 be deferred until such time as the Official Plan Amendment is approved and until such time as the outstanding planning issues are resolved. 1.O Overview: The lands are located on the northern boundary of Markdale located adjacent to Highway 10 and at the end of the existing Margaret Elizabeth Avenue. The subject lands measure 0.84 hectares (2 acres) with a frontage of L47.5 metres onto Highway 10 and 20 metres of frontage onto Margaret Elizabeth Avenue. The existing house has access from Margaret Elizabeth Avenue. The lands are located north of the current settlement boundary of Markdale. The lands are adjacent to the builtup area. To the immediate south are residential properties along Margaret Elizabeth Avenue. Lands to the east include rural and agricultural lands as well as the existing Markdale Golf & Country Club lands and development along Greyview Drive. To the west is Highway 10 and rural land use. The lands would be serviced with municipal water and sanitary sewers which exist along Margaret Elizabeth Avenue. It is proposed that Margaret Elizabeth Avenue will be extended onto the subject lands in order to permit the creation of lots. Furthermore, during pre-consultation it was requested that a turning radius ConsentFiles 809.2013-812.2013- (Peters) PartLot9T, Concession 1 NETSR, FormerVillageof Markdale Page 36 of 118 Municipality of Grey Highlands Committee of Adjustment Planning RepoÊ PL.13.65 October 16, 2013 (cul-de-sac or turning T) be provided. The lands are presently designated Urban Fringe within the Municipality's Official Plan. An Official Plan Amendment and Zoning By-law Amendment are being processed concurrently. The public meeting was held on October 23, 2OL3. The Applicant is proposing to re-designate the subject lands from Urban Fringe to Neighbourhood Area in order to permit the creation of three (3) new residential lots and a municipal road allowance which is the continuation of Margaret Elizabeth Avenue. These documents have now been reviewed by the circulated departments and agencies. 2.O Planning Analysis: The following issues were reviewed as part of this application: o General Development Policies r Settlement Consent Policies . Proposed Lot Configuration Consent Files 809.201&812.2013 - (Peters) Part Lot 97, Concession 1 NETSR, Former Village of Markdale Page 37 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.13.65 October 16, 2013 ¡ Permitted uses for the subject lands. The applicant is proposing three new lots that will be on the west side of Margaret Elizabeth Avenue and will have a turning T located along the northern boundary. The following identifies the proposed lots, seruicing extensions and the turning T. Consent Files 809.2013-812.2013- (Peters) Part Lot 97, Concession 1 NETSR, Former Village of Markdale Page 38 of 118 MunicipaliÇ of Grey Highlands Committee of Adjustment Planning Report PL.13.65 october 16, 2013 3.O Provincial Policy Statement (2OO5): The above noted consent applications are subject to the policies of the provincial policy Statement. The subject applications must be consistent with the 2005 PPS. The following are sections of the PPS which the proposed development maintains consistency with. The lands have been part of a comprehensive review completed at the CounÇ level whereby these lands are now part of the settlement area within the County of Grey Official plan. The local municipality has currently began its five year review and as such it would be the intent that these lands would have been incorporated into settlement area as part of the five year review. In light of timing, the applicant has pre-consulted and subsequently decided to apply for site specific amendments to re-designate the lands as Urban - Neighbourhood Lands. As such, the following are considered the relevant pps policies. . Settlement Area The PPS notes that Settlement Areas shall be the focus of growth and that new growth should be directed to areas adjacent to existing built up areas. The proposed applications would re-designate lands from Urban Fringe to Urban - Neighbourhood Area and would be consistent with the County of Grey OPA #80 settlement area mapping for Markdale. The proposed development proposes the creation of three (3) new residential lots and an extension of Margaret Elizabeth Avenue. (S. 1.1.3.1) Land use patterns within Settlement Areas should consist of a mix of land uses that are an appropriate use of lands and resources, avoid the need for uneconomical expansion; and minimize negative impacts to air quality by promoting energy efficiency. The development is proposing residential development in an area of existing residential lots. The development would be on municipal services that will be extended along Margaret Elizabeth Avenue. Further, the applicant will be responsible for the extension of Margaret Elizabeth Avenue and providing a turning T. (S. 1.1.3.2) With respect to promoting opportunities for intensification and redevelopment, these amendments would establish three new residential lots in an area contemplated for residential development. The extension of the road would be reasonable. (S. 1.1.3.3) . Sewage and Water The PPS notes that development within Settlement Areas be seruiced by municipal infrastructure. Furthermore, the PPS specifically promotes intensification within Settlement Areas that are serviced by municipal infrastructure. The Settlement Area of Markdale does have municipal services and it is proposed that the proposed lots will be serviced with full municipal services. A servicing letter has been completed by Genivar in order to assess services to the site. 4.O The Municipality of Grey Highlands Official Plan: The subject lands are currently designated Urban Fringe. In order to facilitate the proposed development, the applicant has submitted an application to re-designate the subject lands from Urban Fringe to Neighbourhood Area to allow the proposed development. As a result, the proposed application is subject to the Urban Area - Markdale policies. The Official Plan Amendment is being processed. Consent Files 809.2013-812.2013- (Peters) Part Lot 97, Concession 1 NETSR, Former Village of Markdale Page 39 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.13.65 October 16, 2013 The policies encourage a wide variety of land uses and housing Wpes to develop Markdale. All new development is to occur on full municipal water and sanitary sewers. The General Development policies apply to all development applications, and as such the following review was completed: Section 4.5.3.1.2 NeighbourhoodArea Policies a) The proposed development would be considered lot density. The proposed lots would be of similar size to existing lots in the area. The lots witl have frontage onto Margaret Elizabeth Avenue, which will be extended and deeded a municipal road. f) The proposed development would be a natural extension of Margaret Elizabeth Street. The lot size and configuration would generally be compatible with the existing development. The lots will be connected to municipal services. The proposal is for three new lots, and as such a Plan of Subdivision process is not considered reasonable. The development would be considered infilling in that the development proposes three new lots. 5.O The Municipality of Grey Highlands Comprehensive Zoning By-law No. 2OO4- 50: The subject lands are currently zoned Restricted Agricultural (A2) according to Comprehensive Zoning By-law 2004-50. In order to facilitate the development an application has been submitted to re-zone the subject lands from Restricted Rural (A2) to Residential (R). The zoning can be requested as a condition of the consents moving forward, however the agent has apptied for the implementing zoning by-law amendment and this application is being processed. Based on a review of the consent sketch provided by the consulting planner, it appears the newly created lots would meet the Residential (R) zone provisions. Staff wil! note that the current consent applications do not include the turning T. As such, staff have requested revised consent sketches identifying the amended lots with the turning T included in order to be consistent with the sketches provided as part of the Official Plan Amendment and Zoning By-law Amendment submissions. Issues to be addressed: The following is a list identified by municipal staff during review of outstanding issues or items that will require further comment and clarification from the proponent or his agent: 1. Confirmation of how storm water is to be dealt with. 2. Confirmation of turning T for vehicle turn around. 3. Confirmation of snow storage. Consent Files 809.201&812.2013- (Peters) Part Lot 97, Concession 1 NETSR, Former Village of Markdale Page 40 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Repoft PL.13.65 October 16,2013 6.0 Comments Received (Summary): Comments were provided from the following authorities having jurisdiction over the subject lands: ' The County of Grey: Comments received October l, 2OL3 - Provided related aPPlications 222.2013 and OP01.2013 are approved prior to the aporoval of the subject applications, County planning staff have no further concerns. ' The Saugeen Valley Conse¡wation Authority: Comments received October 2, 2OL3 reference comments made September 16, 2OL3 as applications are acceptable. ' The Municipality of Grey Highlands Public Utilities Department: - Comments are based on and in conjunction with Genivar letter. - That the 150 mm water main ís extended as per Genivar letter and plan identifies. - Also at a previous meeting, John Acres mentioned the size of service need to install a home sprinkler system would need to be L t/4". - Genivar should confirm/check if Municipality has service from a hydrant close enough to these properties, and if so a blow off should be installed on the end of the 150 mm line or a fire hydrant, if needed. - It should also be confirmed, who is responsible for the grinder pump and the low pressure line to the manhole as this is typically the homeowner's responsibility. . The Municipality of Grey Highlands Building Department: - Comments are based on and in conjunction with Genivar letter. - Road will need to be built to a municipal standard. - Storm water plan for proposed lots and road would be required. - An area for snow storage and turn around for winter maintenance vehicles and garbage and recycling trucks is required (hammerhead). - Margaret Elizabeth Street currently does not have sidewalks or street lighting but should be reviewed at the time of the street extension. - There are currently existing drainage issues along Margaret Elizabeth Street. ' The Municipality of Grey Highlands Transportation & Environmental Services Department: Comments received September 30, 2013 reference comments made regarding 222.2013 and OP01.2013 as comments are unchanged. - Road will need to be brought up to Municipal Standards. - Stormwater plan for proposed lots and road would be required. - An area for snow storage and turn around for winter maintenance vehicles and garbage and recycling trucks is required (hammerhead). - Margaret Elizabeth Street currently does not have sidewalks or street lighting but should be looked into at the time of the street extension. - There are currently existing drainage issues along Margaret Elizabeth Street. ConsentFiles 809.2013-812.2013-(Peters) PartLot9T, Concession 1 NETSR, FormerVillageof Markdale Page 41 of 118 Municipality of Grey Highlands Committee of Adjustment Planning RepoÊ pL.13.65 october 16,2013 7.O Gonclusion: Planning Staff have reviewed the proposed applications and although we are generally supportive of the applications, the Official Plan Amendment must be in place prior to approval of the consent applications, and further there are outstanding ptanning concerns that the applicants agent must satisfy/clarify as noted above prior to a décls¡on belng made. Hru'rù 8 'tÐrfr Kristine Loft, MCIP RPP Consulting Planner 20t3tt6tto Date Attachments: . Agency Comments . Notices and Sketches Consent Files 809.2013-812.2013 - (Peters) Part Lot 97, Concession 1 NETSR, Former Village of Markdale Page 42 of 118 Ñegffiö, prannins and Deveropment 595Itn Avenue East, Owen Sound Ontario N4K 3E3 519-376-2205 / '1-800-567-GREY / Fax: 519-376-7970 October 1 , 2013 Nicole Martin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P.O. Box 409 MARKDALE, Ontario NOC 1H0 Re: Consent Applications 89/2013, B1O|2O13, B1'll2O13 &B1212013 Part Lot 97, Concession 1 NETSR Municipality of Grey Highlands (Geographic Township of Artemesia) Owners: Frederick Melville & Margaret Peters Agent: D.C. Slade Consultants lnc. Dear Ms. Maftin: This correspondence is in response to the above noted applications. We have had an oppoftunity to review the applications in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments. Four consent applications have been submitted for the same property. The purpose of each is: - B9/2O13: To sever approximately 0.56 hectares from the subject lands for the purposes of a lot creation, the effect of which will create a O.41 hectare retained parcel. - 81 O/2O13: To sever approximately 0.13 hectares from the subject lands for the purposes of a lot creation to the property directly west of the subject lands, the effect of which will create a 0.28 hectare retained parcel. The severed parcel will be created for a road allowance. - 811/2013: To sever approximately 951 square metres from the subject lands for the purpose of lot creation, the effect of which wìll create a 1840 square metre retained parcel. - 812/2013: To sever approximately 925 square metres from the subject lands for the purposes of a lot creation, the effect of which will create a 915 square metre retained parcel. Grey County: Colour lt Your Way Page 43 of 118 Page2 Octoberl,2013 Schedule A designates the subject lands as'Primary Settlement Area'. Section 2.6.3 of the OP states, 3) This Official Plan shall promote the development of the Primary Settlement Areas designation for a full range of residential, commercial, industrial, recreational, and institutional land uses. They will be the focus of a majority of growth within the County. 6) lntensification opportunities are strongly encouraged within Primary Settlement Areas. lntensification strategies in Primary Settlement Areas should consider: brownfield redevelopment; enabling 'as-of- right' permissions for apartments in dwellings in residential areas and residential over retail; the development of vacant and/or underutilized lots within previously developed areas; and the expansion or conversion of existing buildings. New construction through intensification should occur in a manner that takes into account the existing building and physical environment and is sympathetic in form. 9) Prior to any development occurring on Part Lots 95, 96 & 97, Concession 1 NETSR (geographic Township of Artemesia), a secondary plan or an updated Municipality of Grey Highlands Official Plan shall be completed. All new development on Paft Lots 95, 96 & 97, Concession 1 NETSR (geographic Township of Artemesia) in the settlement area of Markdale (Municipality of Grey Highlands) must adhere to the secondary plan and/or Municipality of Grey Highlands Official Plan requirements. lntensification targets are set out in Section 2.6.2 (able 7) of the OP, and the target for Grey Highlands is 10%. The subject application assists with meeting the intensification target, and an Official Plan amendment is currently in progress. The subject application conforms to the above policies. Appendix A indicates that the subject lands are located close to a 'Known Abandoned Landfill'. Section 5.4.2(2) of the OP states, No development or site alteration shall be permitted within 500 metres of an existing or known abandoned landfill site, unless a D-4 Study has been prepared and submitted for review in accordance with the Ministry of the Environment Guideline D-4, indicating that the lands to be developed are secure from potential methane gas and/or leachate migration from the landfill site or what remedial measures or conditions are required prior to any development approval being granted. Grey County: Colour lt Your Way Page 44 of 118 Page 3 October 1,2013 Notwithstanding the above referenced buffer, if an approved Landfill Closure Plan exists, the requirements of that plan shall prevail. The Municipality of Grey Highlands has completed a D-4 Study for the subject landfill. Based on the results of this study, a fuñher study will not be required. Appendix A also indicates that a poftion of the subject lands are within 'Wellhead Protection Area (WHPA) D'. Section 5.3.4.1(3) of the OP states, Any Planning Act applications proposed within the MunicipalWHPAs or Municipal lPZs identified on Appendix A of this Plan will be subject to a review by the County and the local municipality to assess the risks of such uses to potentially contaminate groundwater or surface water and, based on this assessment, to determine whether or not a Hydrogeological Study or Environmental lmpact study is required to the satisfaction of the County and the local municipality. lt may be necessary for County or iocal staff to consult with Drinking Water Source Protection staff on these matters. The WHPA D area on the site is very minor. No further study or comments are required. This application is related to Zoning By-law Amendment application222/2013 and Official Plan Amendment application OP01/2013. These related applications must be in place prior to approval of the subject consent applications. Provided related applications222/2013 and OPA1/2013 are approved priorto the approval of the subject applications, County planning staff have no fufther concerns. The County requests notice of any decision rendered with respect to these files. lf you wish to discuss this matter further, please do not hesitate to contact me. Yp"gR truly, ciVtl,Ñrrlte,{,A, Alièlía Buitenhuis, B.E.S. Planner (519) 372-0219 ext. 1233 alisha. [email protected] www.grev.ca Grey County: Colour lt YourWay Page 45 of 118 October 2,2013 Building, Facilities and By-Law Services I 078 Bruce Rd. I 2. The Municipality of Grey Highlands PO. Box 150 206 Toronto Street South, Formosa ON Unit #l Canada NOG lWO P.O. Box 409 Markdale, ON Tel 5 l9-367-3040 NOC IHO Fax 519-367-3041 [email protected]â www.svca.on.ca ATTENTION: Debbie Robertson" Clerk Dear Mrs. Robertson: RE: Applications for Consent 809.20 I 3, B 1 0.20 I 3, Bl 1.2013, 812.2013 Part Lot 97, Concession I N.E.T.S.R. Margaret Elizabeth Ave. Geographic Township of Artemesia Municipality of Grey Highlands The Saugeen Valley Conservation Authority (SVCA) has reviewed the above noted proposal in accordance with the SVCA's mandate and policies and the Memorandum of Agreement between the Authority and the Municipality of Grey Highlands relating to Plan Review. Authority staff provided comments dated September 16,2013 regarding the associated 7-oningBy-Law amendment and Offrcial Plan amendment. Please refer to that letter for more details on the subject property. .These applications for consent are acceptable to the SVCA. The Authority is of the opinion that this proposal appears to conform to the relevant policies of the Grey County Offrcial Plan and Provincial Policies referred to in the agreement. We trust these comments are helpful. Should questions arise, please do not hesitate to contact this office. Yours Sincerely, Conservation Erik Downing Environmental Planning Coordinator UffiYnaP* EDI A MTMBÉR of cc: David Kell, SVCA Director, via email 2û i3 Cr¡nsenatione ONTARIO \.rr;.¡ ¡.1r,,Ì,",r, Page 46 of 118 Cieü TRANSPORTATION Higlílancls AND ENVIORN MENTAL SERVICES COMMENTS FOR PLAN¡ NING APP!-ICA.TIONS Apprication Fre No ß_ô3:2gt3/ßr_2 ,¿u,s ct*ner:-iôe/- Rpplicaní Locatlon: t_ot No. CorrCes.;io¡r' _ Murl¡cip.rl Address: fìoad Alignrnerrt: Road Widening Requíred: lìetaine Comment s: -A' /.,= Z ?z -!¡-t5_=_oaá_q ÞJ _¿a_r3_-__ss_ _c<8_7 Approval: Ye:, Comnte n t s provtdec! tr¡,. 1/ ', (t ^/,2fu/--signarure: PLEASE PRINÌ Page 47 of 118 JTEV iglílancls TRANSPORTATI ON AN D ENVIORN M ENTAL SERVICES COMMENTS FOR PLAÍ\¡N I NG APPLICATIONS Applica tio n ç¡te No. Z "4 _ Åo_( 3__O2t 2.o t 3 ,^r",-$ ç¿1¡_113; o*n",..-/re¿./ € û,a4**.f P-jo>- Applicant: Location: l.otNo.__, Coltcess¡orr M urricipa I a¿¿re ss!. //l Ø^þt-- sJ,-rfukl-t- Road Alignment: l{t¡ral Road Widening Required: Retainecj Parcel; Yes WrrJtlr__-.-__ Severed Parcel: YeS widrh Entrance Clearly Markecl: Yes _No___Visibitity/Sight Lines: Lot Drainag "' Ge.r;uo. >-T,, J a-{krLr/_ u €/t rc a I s c¿o (- ta¿¿g_¿-1 "@ ebThørÁ.*_ i, r oEt ¿u, .d_ úo-^o_ h*/ ' " ). Aaq4ze"l-ÆLza[u// s/^.cf --an- &__ ú-s n€l fu<__Sak_e<-ps Âr a bpé-l!+LLia*L|-sL*[rt 6._h.}æ¿ tl _q.l_â" lø,u_al ,H- >t¿ut-{- -ù<^> t on'. Approval: c o m m e n t s p r o'r r d e d a,t.Ø26_Qr¿ i g, þ ?iã___ S n a r u r e _ ¿ PLEASE PRINT Page 48 of 118 The Corporation of the Municipality of Grey Highlands COM|YIITTEE OF ADJUSTMENT NOTICE O.F APPLICATION ptanning rON ðôITSENT The Act, RSo 1990, "" "-L"îåä TAKE NorIcE that the Municipality-9f-9tgv-Highlands committee of Adjustment has pubric;lffiI[::,. hearins ror the purpose or a 'n,o,n iJli.,Ë:ffiï,"#, iåflLii;,i';i:lçåk?giiil3;:ir"":tË'à'"iäi;;:,f*", ,eve,), zìã-ro.oÁto sireét APPLICATION FOR CONSENT: 8o9.2O13 REGISTERED OWNERS: Frederick Melville and Margaret Elizabeth peters AGENT: D.C. Slade Consultants Inc. PURPOSE and EFFECT: To. sever approximately .56 ha from the subject lands for the purposes of a lot creation. The effect of which will create a .41 ha retained parcel. LEGAL DESCRIPTION: part of Lot 97, Concessíon 1 NETSR, The Former Township of Artemesia SEVERED PARCEL: FRoNTA.E: 65.8 m DEprH: 85.3 m AREA: .56 ha RETATNED pARcEL: FRONTAGE: 65.8 m DEprH: 60.9 m AREA: .41 ha HAVING ACCESS ON: Margaret Elizabeth Ave. CIVIC ADDRESS: N/A ASSESSMENT ROLL NUMBER: 42 08 180 001 oo5oo 0ooo SEE SKETCH ATTACHED Propefty owners within 120 metres (legislation requires 60 metres) of the subject land are hereby notified of the above application fór a severance. Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become part of the public record and may be made available through the Council agenda process. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to: Committee of Adjustment, Municipality of Grey Highlands before it gives or refuses to give a provisional consent, the Ontario wunicipãl Board may dismiss the appeal. If you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. To appeal the decision to the Ontario Municipal Board, send a letter to the Secretary-Treasurer for the Committee of Adjustment, Municipality of Grey Highlands outlining the reasons for the appeal. You must enclose the appeal fee of $125 for each application appealed, paid by cheque made payable to the Ontario Minister of Finance. Page 49 of 118 Page 50 of 118 í\ i i 5 MARGARET ELiZ.qBETiì AVENUE PART LOT 97, CONCESSION I NETSR MUNICIPALITY OF GREY HIGHLANDS CROP FIETD SCALE: ì 750 e 33 ëõR Âll n¡c ;- üJ mä äsai rI) OOo, 5 ,g= oqõ ru NrJ=.P vl a3to I RETAINED = I .4.l ho. q Eq=i ¡ G i?ã : CROP FIELD l oi' l.l.)6.¡ã3 9'ã--Ã: -n F 9d.ãE or- = ! -. _ I xâxÊËä 5 qË$ ç: ^,.ro:-H=3 ? .=+:€ t-_:-1 Ë F-xi.iásgsã:ö e äs; I I d_ tã 9 COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION planning FOR CONSENT The Act, RSO 1990, as amenãed TAKE NorIcE that the Munícipality 9f Grey Híghlands committee of Adjustment has appointed Wednesdav, Octohar t6ih tr¡r? â.. r..rn c^., Lt - - Hishlands Municipar plrices (Grey,Gabres sriiâi.õ, rower reverj,,ôäiä;;;i""!;::i South, Unit #1, MARKDALE, Ontario. APPLICATION FoR GONSENT: 81o.2o13 REGISTERED OWNERS: Frederick Melville peters and Margaret Elizabeth Peters AGENT: D.C. Slade Consultants Inc. PURPOSE and EFFECT: To sever approximately .13 ha from the subject lands for the purposes of a lot creation to the property direcfly West of the subject lands. The effect of which will create a .28 ha retained parcel. The severed parcel will be created for a road allowance. LEGAL DESCRIPTION: Part of Lot 97, Concession 1 NETSR, The Former Township of Artemesia SEVERED PARCEL: FRONTAGE: 20 m DEprH: 65.8 m AREA: 0.13 ha RETATNED PARCEL: FRONTAGE: 66.09 m DEprH : 43.7 m AREA: 0.28 ha HAVING ACCESS ON: Margaret Elizabeth Ave. cMC ADDRESS: N/A ASSESSMENT ROLL NUMBER: 42 08180 001 00500 0000 SEE SKETCH ATTACHED Propefty owners within 120 metres (legislation requires 60 metres) of the subject land are hereby notified of the above application for a severance. Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become paft of the public record and may be made available through the Council agenda process. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to: Committee of Adjustment, Municipality of Grey Highlands before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. To appeal the decision to the Ontario Municipal Board, send a letter to the Secretary-Treasurer for the Committee of Adjustment, Municipality of Grey Highlands outlining the reasons for the appeal. You must enclose the appeal fee of $125 for each Page 51 of 118 application appealed, paid by cheque made payable to the Ontario Minister of Finance. Additional information regarding the application is available for public inspection at the municipal offices from Monday to Friday 8:30 a.m. to 4:30 p.m. When requesting information please quote File No. 810.20l3-Frederick and Margaret Peters. Agenda's for all meetings are published on www.grevhighlands.ca - Council Agendas and Minutes Building, Facilities and By-Law Services The Municipality of Grey Highlands 206 Toronto Street South, Unit #1 P.O. Box 409 Markdale ON NOC 1H0 Telephone: (519) 986-2811; Fax: (519) 986-3643 Dated at the Municipality of Grey Highlands this 12th day of September, 20L3. Page 52 of 118 Page 53 of 118 i 1 5 MARGARET ELiZABETij AVENUË (r> PART LOT 97, CONCESSION I NETSR MUNICIPALIry OF GREY HIGHLANDS CROP FIELD SCALE: t:750 All meosuremenls cre in nrelres. CONSENT #2 z RETAINED SEVERED .28 ho. .13 ho. T CROP FIELD I 1,4 !. Stu I I I I I I I T I -.---.1- I I l LEEEND I I EXISTING n RESIDENCE The Corporation of the Municipality of Grey Highlands COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION FOR CONSENT The Planning Act, RSO 1990, as amended TAKE NOTICE that the Municipality of Grey Highlands Committee of Adjustment has appointed wednesday. october 16th. 2013 at t:oo o.m. for the puipose of a public hearing into this matter. The hearing will be held at the Municipality of Grey Highlands Municipal Offices (Grey Gables Building, lower level), 206 Toronto Street South, Unit #1, MARKDALE, Ontario. APPLICATION FOR CONSENT: 811.2013 REGISTERED OWNERS: Frederick Melville Peters and Margaret Elizabeth Peters AGENT: D.C. Slade Consultants Inc. PURPOSE and EFFECT: To sever approximately 951m2 from the subject lands for the purpose of lot creation. The effect of which will create a 1840m2 retained parcel. LEGAL DESCRIPTION: Part of Lot 97 , Concession 1 NETSR, The Former Township of Artemesia SEVERED PARCEL: FRONTAGE: 20.03 m DEPTH: 43.7 m AREA: 951.8m2 RETAINED PARCEL: FRONTAGE: 44.06 m DEPTH: 4t.7 m AREA: 1840m2 HAVING AGCESS ON: Margaret Elizabeth Ave. CIVIC ADDRESS: N/A ASSESSMENT ROLL NUMBER: 4208 180 001 00500 0000 SEE SKETCH ATTACHED Property owners within 120 metres (legislation requires 60 metres) of the subject land are hereby notified of the above application for a severance. Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become part of the public record and may be made available through the Council agenda process. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to: Committee of Adjustment, Municipality of Grey Highlands before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful pafi, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. To appeal the decision to the Ontario Municipal Board, send a Ietter to the Secretaly-Treasurer for the Gommittee of Adjustment, Municipality of Grey Highlands outlining the reasons for the appeal. You must enclose the appeal fee of $125 for each application appealed, paid by cheque made payable to the Ontario Minister of Finance. Page 54 of 118 Additional information regarding the application is available for public inspection at the municipal offices from Monday to Friday 8:30 a.m. to 4:30 p.m. When requesting information please quote File No. 811.2013- Peters. Agenda's for all meetings are published on www.greyhighlands.ca - Council Agendas and Minutes Building, Facilities and By-Law Seruices The Municipality of Grey Highlands 206 Toronto Street South, Unit #1 P.O. Box 409 Markdale ON NOC 1H0 Telephone: (519) 986-2811; Fax: (519) 996-3643 Dated at the Municipality of Grey Highlands this 12 day of September, 2O!3. Page 55 of 118 Page 56 of 118 ,\' I 15 À4ARGARET ELIZABETH AVENUE .l q PART LOT 97, CONCESSION NETSR MUNICIPALITY OF GREY HIGHTANDS CROP FIELD SCALE: 1:750 All meosuremenls ore in melres. ,å CONSENT #3 (_) Þ UJ I z ¡9 o !,l z g? RETAINED ro 1840 m2 ; rì (9 ^ CROP FIELD i 7-- o I l'-Ë* StYER,ËD zo.o ^.f--- @ 0 N o 951.8 9,r C.l m2 ; C) 6 I F À?7 J, Ç-L'r'Tr'' i Vil I A G E ) OF ,'ou[Fl r¿x¡st¡¡¿õ.I--J - Fr aH,¡uJ ¡- rl <-l LEGEND o4z --_- c lJ ul < l> l''1 : uJ< | EXISTING _____t LJ -r t:] RESIDENCE I I The Corporation of the MunicipaliÇ of Grey Highlands COMMITTEE OF ADJUSTMENT NOTICE OF APPLICATION FOR CONSENT The Planning Act, RSO 1990, as amended TAKE NOTICE that the Municipality of Grey Highlands Committee of Adjustment has appointed Wednesday, October 16th, 2O13 at 1:OO p.m. for the purpose of a public hearing into this matter. The hearing will be held at the Municipality of Grey Highlands Municipal Offices (Grey Gables Building, lower level), 206 Toronto Street South, Unit #1, MARKDALE, Ontario. APPLICATION FOR CONSENT: 812.2lJ13 REGISTERED OWNER: Frederlck Melville Peters and Margaret Elizabeth Peters AGENT: D.C. Slade Consultants Inc. PURPOSE and EFFECT: To sever approximately 925 m2 from the subject lands for the purposes of a lot creation. The effect of which will create a 915 m2 retained parcel. LEGAL DESCRIPTION: Part of Lot 97, Concession 1 NETSR, The Former Township of Artemesia SEVERED PARCEL: FRONTAGE: 20.03 m DEPTH: 4t.4 m AREA: 925 m RETAINED PARCEL: FRONTAGE: 20.03 m DEPTH: 41.0 m AREA: 915 m HAVING ACGESS ON: Margaret Elizabeth Avenue CIVIC ADDRESS: NA ASSESSMENT ROLL NUMBER: 4208 180 001 00500 0000 SEE SKETCH ATTACHED Propefty owners within 120 metres (legislation requires 60 metres) of the subject land are hereby notified of the above application for a severance. Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become part of the public record and may be made available through the Council agenda process. If a person or public body that files an appeal of a decision of the Committee of Adjustment in respect of the proposed consent does not make written submissions to: Committee of Adjustment, Municipality of Grey Highlands before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. If you wish to be notified of the decision of the Committee of Adjustment in respect of this application, you must submit a written request to the Committee of Adjustment. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful pafi, you should request a copy of the decision since the Committee of Adjustment decision may be appealed to the Ontario Municipal Board by the applicant or another member of the public. To appeal the decision to the Ontario Municipal Board, send a letter to the Secretary-Treasurer for the Committee of Adjustment, Municipality of Grey Highlands outlining the reasons for the appeal. You must enclose the appeal fee of $125 for each application appealed, paid by cheque made payable to the Ontario Minister of Finance. Page 57 of 118 Additional information regarding the application is available for public inspection at the municipal offices from Monday to Friday 8:30 a.m. to 4:30 p.m. When requesting information please quote File No. 812.2013- Peters. Agenda's for all meetings are published on www.greyhighlands.ca - council Agendas and Minutes Building, Facilities and By-Law Services The Municipality of Grey Highlands 206 Toronto Street South, Unit #1 P.O. Box 409 Markdale ON NOC 1H0 Telephone: (519) 986-2811; Fax: (519) 986-3643 Dated at the Municipality of Grey Highlands this 12th day of September,2OL3. Page 58 of 118 Page 59 of 118 { I 15 À,IARGARET ELIZABETH AVENUE q PART LOT 97, CONCESSION I NETSR. MUNICIPALITY OF GREY HIGHI-ANDS CROP FIELD SCALE: 1:750 'All meosuremenls ore in melres. ,å CONSENT #4 c RETAINED ç I i C ì, 915 m2 ô l,l /I (\ b ç? rt $ I 3 Á. SEVERED g (9 CROP FIELD i T 925 m2 g 1.7-- lãT min* Ál-7 I \3 // \r' 3 I Y g 5äLîi1,,, I /l Ë1",r¡rsr.t'p I I .r, r I ( vil r a G Ê I t- Ï PT rill-l Lor I I ãHs I LEGEND HÍÍ I Application Details: Consent Applications 814.2013 & 815.2013 Location: Part 151, Concession 3 SWTSR Paft 1, Plan 16R-10025 (The Former Township of Artemesia) Registered Owner: Barry Herbert Neil Grey CounÇ Official Plan: Hamlet Grey Highlands Official Plan: Hamlet Zoning By-law No. 2OO4-5O: Development (D), Hazard (H) and Residential (R) Proposal: 814.2013 To merge Part 1, Plan 16R-10025 with the adjacent lands being, Part Lot 151, Concession 3 SWTSR, Grey Highlands B15.2013 To sever a rural residential parcel measuring approximately 8220 square metres with a frontage of 100 m onto Grey Road 4. The retained parcel will measure approximately 3.5 hectares with a frontage of 61.9 metres on Grey Road 4. Recommendations: That Consent Application BL4.2OL3 be approved, subject to the following conditions: . Payment of any outstanding Municipal Taxes . Payment of the 9300.00 Approval Fee . That the consent be deeded as a lot addition That Consent Application 815.2013 be approved, subject to the following conditions: . Payment of any outstanding Municipal Taxes . Payment of the $300.00 Approval Fee ' That the Applicant obtain an entrance permit for the newly created parcel from the appropriate approval authority. 1.O Overview: The subject lands are known as 400080 County Road #4 and legally described as Part Lot 151, Concession 3of the Municipality of Grey Highlands. The lands are located in Ceylon and are bounded by Grey Road #4 and West Back Line. This proposal involves two existing parcels. Parcel 1 which is a vacant rural lot fronting on to West Back Line and Parcel 2 which is the larger holding includes the existing residence and which has frontage on both West Back Line and Grey Road #4. The existing residence accesses off of Grey Road #4. Consent File 814.2013 & 815.2013 - (Ne¡l) Part Lot 151, Concession 3SWTSR, The Former Township of Artemesia Page 60 of 118 Municipality of Grey Highlands Committee of Adjustment Planning RepoÊ pL.13.60 october 16,2013 The applicant wishes to merge the Parcel 1 into Parcel 2, and recreate a residential parcel which will include the existing residence. It should be noted parcel 1 was created by consent. !:v*F, ì 2.O Planning Analysis: The following issues were reviewed as part of this application: . General Development Policies . Settlement Consent Policies o Proposed Lot Configuration . Permitted uses for the subject lands. Consent File 814.2013 & 815.2013 - (Neil) Part Lot 151, Concession 3SWTSR, The Former Township of Artemesia Page 61 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Repoft pL.13.6O October 16, 2013 3.O Provincial Policy Statement (2OO5): The above noted consent applications are subject to the policies of the provincial Policy Statement. The subject applications must be consistent with the 2005 ppS. The following are sections of the PPS which the proposed development maintains consistency with. As such, the foltowing are considered the relevant ppS policies. Settlement Area The PPS notes that Settlement Areas shall be the focus of growth and that new growth should be directed to areas adjacent to existing built u[ areas. Land use patterns within Settlement Areas should consist of a mix of land uses that are an appropriate use of lands and resources, avoid the need for uneconomical expansion; and minimize negative impacts to air quality by promoting energy efficiency. The development is to merge an existing vacant lot into the adjace¡t lands, and to then recreate a residential lot where an existing residence exists. The lands are privately serviced, however existing services are in place for the residential use. Based on the proposal the proposed applications would be consistent with the Provincial Policy Statement. 4.O The Municipality of Grey Highlands Official plan: The subject lands are currently designated Hamlet. The policies within the Hamlet designation are limited to minor infilling. As noted above, the proposed applications are to merge an existing lot and to create a new lot where an existing residence exists. The proposed applications would conform to the official plan. 5.O The Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004-50: The subject lands are zoned Development (D), Hazard (H) and Residential (R) within the Municipality of Grey Highlands Comprehensive Zoning By-law No. 2004- 50. The Development (D) zone allows the residential use and as such, an amendment is not required. 6.0 Comments Received (Summary): Comments were provided from the following authorities having jurisdiction over the subject lands: o The County of Grey: Comments received October 1, 2013 - No concerns with 814.2OL3 provided that the severed lot is merged with the abutting lot as described in the application. Comments received October !, 2OL3 comments should be received from Transportation Services, provided positive comments are received from the Conservation Authority and Transportation Services, and that it is ensured that the retained lot can adequately support a private well and septic system, County planning staff have no further concerns with the subject application (815.2013) Consent File 814.2013 & 815.2013 - (Neil) Part Lot 151, Concession 3SWTSR, The Former Township of Artemesia Page 62 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Repoft pL.13.6O October 16,2013 The Grey Sauble Conservation Authority: Comments received October 2, 2013 - No objection to the proposed consent applications as they are simply a re-configuration of the parcels and at this point do not increase development pressure. The County of Grey DepaÉment of Transportation: Comments received October 3,2OL3- No objections. The Municipality of Grey Highlands Building Department: comments received September 24,2OL3 - No concerns. ' The Municipality of Grey Highlands TranspoÉation & Environmental services Depaftment: comments received september 30, 2013 (814.2013) - A final inspection for permit number GHENT 3-2011 has not been completed so the lot does not have an approved entrance. 7.O Conclusion: Planning Staff have reviewed the application and are satisfied that the proposal ís consistent with the Provincial Policy Statement, and does maintain the general intent and policies of the Official Plan, including the applicable policies of the Hamlet designation. Hrr¿fù 8.hdf Kristine Loft, MCIP RPP Consulting Planner 20L3tL6tLO Date Attachments: . Agency Comments . Notice and Sketch Consent File 814.2013 & 815.2013 - (Neil) Part Lot 151, Concession 3SWTSR, The Former Township of Artemesia Page 63 of 118 # eF[16,' prannins and Deveropment 595 gtn Avenue East, Owen Sound Ontario N4K 3E3 51 9-37 6-2205 / 1 -800-562-c R EY / F ax 5 1 9-376-7970 October 1,2A13 Nicole Martin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P.O. Box 409 MARKDALE, Ontario NOC 1H0 Re: Consent Application 81412O13 Part Lot 151, Concession 3 SWTSR Municipality of Grey Highlands (Geographic Township of Artemesia) Owner/Applicant: Barry Herbert Neil Dear Ms. Martin: This correspondence is in response to the above noted application. We have had an opportunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments. The purpose and effect of the subject application is to merge Part 1 , Plan 16R-10025 with Part Lot 151, Concession 3 SWTSR. Schedule A of the OP designates the subject lands as 'Tertiary Settlement Area'. Section 2.6.5(1) of the OP states, Tertiary Settlement Areas identified in Table 6 and as shown on Schedule A of this Plan generally have smaller populations and a limited range of uses and amenities. Tertiary Settlement Areas are intended to provide a limited opportunity for growth and to provide a narrower range of living styles and employment locations in keeping with their rural services. Appendix B indicates that the subject lands are located within the adjacent lands of a watercourse. Section 2.8.6(5) of the OP states, No development shall be permitted within the 30 metres of the banks of a stream, river, lake, or Georgian Bay. Grey County: Colour lt Your Way Page 64 of 118 Page 2 October 1,2Ð13 The lot is proposed to be merged with an existing developed lot. No new development is proposed. County planning staff have no concerns with the subject application, provided that the severed lot is merged with the abutting lot as described in the application. The Gounty requests notice of any decision rendered with respect to this file. lf you wish to discuss this matter further, please do not hesitate to contact me. Yp,rç truty Planner (519) 372-0219 ext. 1233 alisha. buiten h [email protected] www.orev.ca Grey County: Colour lt Your Way Page 65 of 118 Planning and Development 595 9'n Avenue East, Owen Sound Ontario N4K 3E3 519-376-2205 / 1-800-567-GREY / Fax: 519-326-7970 October 1, 2013 Nicole Maftin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P.O. Box 409 MARKDALE, Ontario NOC 1H0 Re: Consent Application 815/2013 400080 Grey Road 4 Part Lot 151, Concession 3 Municipality of Grey Highlands (Geographic Township of Artemesia) Owner/Applicant: Barry Herbert Neil Dear Ms. Maftin: This correspondence is in response to the above noted application. We have had an oppoftunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments. The purpose and effect of the subject application is to sever a rural residential parcel measuring approximately 8220 square metres with a frontage of 100 metres onto Grey Road 4. The retained parcel will measure approximately 3.5 hectares with a frontage of 61.9 metres on Grey Road 4. Schedule A of the OP designates the subject lands as 'Tertiary Settlement Area'. Section 2.6.5(1) of the OP states, Tertiary Settlement Areas identified in Table 6 and as shown on Schedule A of this Plan generally have smaller populations and a limited range of uses and amenities. Teftiary Settlement Areas are intended to provide a limited opportunity for growth and to provide a narrower range of living styles and employment locations in keeping with their rural services. The subject applícation conforms to the above policy. Grey County: Colour lt Your Way Page 66 of 118 Page 2 October 1,2013 Appendix B of the OP indicates that multiple watercourses traverse the subject tands. Section 2.8.6(5) of the OP states, No development shall be permitted within 30 metres of the banks of a stream, river, lake, or Georgian Bay. where an Environmentat lmpact Study prepared in accordance with Section 2.9.6(4) of this plan concludes setbacks may be reduced and/or where it has been determined by the appropriate Conservation Authority these setbacks may be reduced. Comments should be received from the Conservation Authority. It shall be ensured that the retained lot can adequately support a private well and septic system. The subject lands front on Grey Road 4, which is a County road. Section 5.2.2(6X0 of the OP states, Any applications for consent for severance, change of zoning, plan of subdivision, minor variance and/or development agreement for land abutting a Provincial Highway or County road shall be referred to the appropriate approval authority prior to approval in order to determine if the use, siting, and/or right-of-way width are adequate and meet the provisions of this Plan. Comments should be received from Transportation Services. Provided that positive comments are received from the Conservation Authority and Transportation Services, and that it is ensured that the retained lot can adequately support a private well and septic system, County planning staff have no further concerns wÍth the subject application. The County requests notice of any decision rendered with respect to this file. lf you wish to discuss this matter further, please do not hesitate to contact me. Yours trulv. d{,-{,u,/c itfi,LL.t: Aisl-a Buiten huis, B. E.S. Planner (519) 372-0219 ext. 1233 alisha. [email protected] ww.ly.grey=ea Grey County: Colour lt Your Way Page 67 of 118 t Grey Sauble ', Consewatíon g1f\*q"s4"*. 237897 tnglis Falls Road, R.R.#4, Owen Sound, ON N4K 5N6 t'rcÞ* Telephone: 5t9.376.3076 Fax: s19.37L.0437 Email: [email protected] -.*r::¡lJ'- -.sJ/" www.greysauble.on.ca October 2,2013 Mr. John Acres, CBO Municipality of Grey Highlands 206 Toronto St South, Unit 1 Box 409 Markdale ON Noc 1 H0 Dear Mr. Acres: RE: Applications for Consent (B14.2013 & 815.2013) Applicant: Barry Herbert Neil Lot 151 Concession 3;400080 Grey Road 4 Municipality of Grey Highlands, formerly Artemesia Township Our File: P10895 Subject Proposal It is our understanding that application 814.2013 will merge parcels 42-08-180-004-05880-0000 and 42- 08-180-004-05900-0000 back into one parcel. Application 815.2013 then proposes to sever a 0.8 hectare parcel off of the western guadrant of the newly create parcel. The Grey Sauble Conservation Authority (GSCA) has reviewed this application in accordance with our mandate and policies for natural hazards, for natural heritage issues as per our Memorandum of Agreement with your municipality and relative to our policies for the implementation of Ontario Regulation 151/06. We offer the following comments. Site Description The subject property is located in the southwest corner of the intersection of Grey Road #4 and the West Back Line in the former Artemesia Township. The topography of the property is undulating with the low- lying areas being dominated by wetland and stream features. A residence currently occurs in the western portion of the property. GSCA Regulations The majority of the subject property is regulated under Ontario Regulation 151/06: Regulation of Development, lnterference with Wetlands and Alterations to Shorelines and Watercourses. The regulated areas are associated with the aforementioned wetlands, watercourses and valley systems. Under this regulation, a permit is required from this office prior to the construction of buildings or structures, the temporary or permanent placement of fill within the designated area, interference with a wetland, and/or the straightening, changing, diverting or in any way interfering with an existing channel of a river, lake, creek, stream or watercourse. I ol'2 Watershed Municipa lities Arran-Elderslie, Chatsworth, Georgian Bluffs, Grey Highlands Cr¡rrscrv¡li<>n Meaford, Owen Sound, South Bruce Peninsula, Blue Mountains ONTARIO Page 68 of 118 i\{r'..lohn Acres. ('l}( ) Applications fìrr ('o¡,scnt - tjl-1.20 l.ì & 815.2(ll_ì- Ncrl ('otlce'sror: 'torvns[ip) Lot I .5 I . .ì. tr'lrrnic ipality ¡l'( i¡e! I lighlarrcls lAt.tcr¡esia Oclober 2. 2f) l,ì Our ljilc No PlrÌ89i Provincial Policy Statement 3.1 Natural Hazards Natural Hazards identified on the property include the wetland and walercourse features noted above, as well as their associated valley features. These areas were appropriately carried fon¡vard into the zon¡ng by-law through Schedule 'A' of bytaw 2011-29. 2.1 NaturalHeritage N{gral heritage features noted on the property include the Boyne River tributary and related fish habitat. A 30 metre setback from the watercourse and the other tributary on the site is récommended to aid in the protection of fish habitat. Additionally, the wetland on the site provides opportunities for amphibian breeding and a 30 metre sètback is recommended from the wetland for any future development. Recommendations We have no objections to the proposed consent applications as they are s¡mply a re-configuration of the parcels and at this point do not increase development pressure. lf any questions should arise, please contact our office. Regards, Tim Lanthier Watershed Planner cc via email: Mr. Dave Clarke, Authority Director, Municipality of Grey Highlands Planning Department, Municipality of Grey Highlands Building Department, Municipality of Grey Highlands I ol'l Page 69 of 118 Page 70 of 118 Transportation Se ruices 595 9'r'Avenue East, Owen Sound ON N4K 383 (519)976-7337/ Fax (St9) 376_0962 October3,2013 BY EMAIL ONLY Debbie Robertson, Clerk Municipalíty of Grey Highlands 206 Toronto Street South, Unít #1 PO Box 409 Markdale, ON NOC 1H0 Dear Ms. Robertson: RE: Application For Consent - 81 4.2019 Barry Herbert Neil Part of Lot 151, Concession 3 SWTSR Former Township of Artemesia The County of Grey Transportation Services Department has reviewed the above noted application and has no objections. you lf require any additional information, please contact me at your convenience. Yours truly, ,r' --,r'r't '" ,-,rn' Jim Stevenson Senior Technician 51 9-376-7337, ExI. 1 2BS [email protected] Colour lt Your Way Page 71 of 118 #cgffiË, Transportation Services 595 9ih Avenue East, Cweir Sound ON N4K 3Es (519)976-7SB// Fax (519) 376_0962 October 3,2013 BY EMAIL ONLY Debbie Robefison, Clerk Municipality of Grey Highlands 20ô Toronto Street South. Unit #1 PO Box 409 Markdale, ON NOC 1H0 Dear Ms. Roberlson: RE: Application For Consent - 815.2019 Barry Herbert Neil 400080 Grey Road 4 Part of Lot 15i, Concession 3 Former Township of Artemesia The County of Grey Transportation Serv-ices Department has reviewed the above noted application and we have enclosed our comments. lf you require any additional information, please contact me at your convenience. Yours truly, ./ . ,_j...-/ ..-í V'L 't Jim Stevenson Senior Technicrarr 519-376-7337, En. 1285 [email protected] Enclosure Colour lt Your Way Page 72 of 118 dcgìfi&, Application Transportation Services 595 grh Avenue East Owen Sound Ontario N4K 3E3 Phone: 51 9-376-7337 / Fax: 51 9-376-0967 Severance Application Report / Rezoning Application Engineering Field Review Application File No. i: " r.:, ,/ I :, . ''', Applicant Location Municipality < .. ..' Former Township County Road No. _ ¿-\ Section No. .: Þ, Lot Concession 3> Plan Site Report Speed Limit -- ., . Terrain Road Alignment Rural Ì Existing Road Allowance (B.O.W.) \ .r ;. --,- Widening Required: Retained Parcel: Yes No -/ width Severed Parcel: Yes No/ width Entrance Marked: Yes No. Visibility_ --_,- ---. -- Lct Drainage -- .. Please be ínformecj thal in providing our comments on the Application for Severance referred to above, we have assumed that the Applicant is not proposing to change any natural watercourse or io direct any suÍace water on to the adjoining lands owned by the Corporai¡on of the county of Gre,r,. lí ihat is not the case, \,r,e reguest that ¡n the event the committee grants consent to severance, it be grantecj subject to a condition thai the Applicant provide a drainage plan ihat is satisfactory to the Corporation of the County of Grey. Severance Comments Fezoning CommentS (ií appiicabb) Approval Recommended Yes No Reviewed By Date *1, - -: Colour lt Your Way Page 73 of 118 Lyt ïkltfor affseasons September 24th, 2OL3 Grey Highlands Planning Department 8t4.20L3 related to 815.2013 180-004-05880 & 180-004-05900 In response to the consent to merge part 1 16R-10025 with Part Lot 151 Concession 3 WTSR related to severance 815.20L3 please be advised that after review of this application I have no concerns with the merging of this lot with adjacent lot. I trust this information is sufficient. If you require any additional information please do not hesitate to contact the undersigned. ff %- n Acres, CBCO, CRBO Director, Building Facilities and By-law Services, Chief Building Official JAlKh The Municipality of Grey Highlands [-=-f 206 Toronto Street South, Unit One P.O.Box 409 Markdale, Ontario NOC 1H0 A519-98ó-2811 Toll-Free¡l-8E8-342-4059 Fax519-986-3643 /Û www.{revhithlands.ca [4 [email protected] Page 74 of 118 Cieü Higlílands TRANSPORTATION AND ENVIORNM ENTAL SERVICES COMMENTS FOR PLANINING APP!-!CATIONS Appricario n Fite NoB_ L{-þ!S k1S_ ?ot 3 t>uru,*!.7u1.-?_O/zS_ owner:---- -ßo. ry _ .U Location: Lot No C i : o,r c e s s <, n . . M u n i c i p a r r, - - - - {,fü O_no _ÇZZ _/*4"b_" - ^,, " r,a Roa Road Widening Required: Retained Parcel: Yes_ _ ,No Width Severed Parcel: Yes_.___ __No_=.-_.--Width Entrance Clearly Marked Yes__No___Visibrtity/Sight Lines: Lot Drainage Comment s:._--- -fu+-J-iL- fb^ JL?_ / oo J-t_-__Q*^.- â-L7u¿.øat 4 % qld_ do.s-___bÅ eø-f ptote4--abøæ,(Êø.¿-**1./) Approval. Comnrents ltrovidec! bydß-¿;¿,2-,,*;,,; PLEASF- PRINT Z* : sti^J / or 5" t gara7-e lo, a c Page 75 of 118 'lI {11 ( Schedule ',A" to By-Law No.2001-20 Municipality of Grey Híghlands o l'I PR*OPOSED EI{TRANCE ,,iSHdKffiIä3 CLEARLY WITH STAKES FOR (PLEASE PRINT) ROLL 4z NO. og tgo ooLl o s ? oo NAME: RP-? ADDRESS: POSTAL CODE: /WC _ pHONE: Application is hereby made to: (check one or more of the following ro indicate proposed work) construct an unpaved entrance change the design of an existing entrance construct a paved entrance change the location of an existing entrance construct curbs, gutters, or other V u..".un existing permanent works entrance for other than its related to an original present entrance or normal use (changaof classification from residential to comrnercial, etc,) pave an existing entrance construct a temporary entrance or use any pat of the right-of_way ofa Municipal Road as a means of temporary access to and from a property NAME OF PROPERTY OWNER ROADNAME tuesf ér*cr Lt@Q;enr rú¿,/,*-zs) LOT NO. '7 CONCESSION OR PLAN NO. Access required for: C OMMERCIAL- RESIDEN TJIET _I/ EIELDÆ US H- PUBLI C S TREET NUMBER OF ENTRANCES / MATERIAL PROPOSED FOR USE W It is r¡nderstood that all works will be constructed, altered, maintained, or operated at the expense of the undersignecl' That work must not begin before a permit has been issued by the Municipality of Grey Highlands. The issue of a permit by the Municipaliry does not relieve the holder of the responsibility of complying with relevant municipal by-låws. In consideration of any permit issued in respect to this application, we, the applicánts fãr ourselves, our heirs, executors, administrators, successors, and assigns, hereby agree to observe, keep and periorm and be subject to the regulations and conditions of the said permit and ro indemnifo und ,uu" harmless, the Municipality of Grey Highlands, represented ty the Roads Department, fronr and against all loss, cost, changes, damages, whatsoever to which may be put or which the Municipality of Grey Highlands may suffer or sustain or for wtricir the Municipaliry of Grey Highlands may be liable by reason of anything done or omitted to be done in the cónstruction, maintenance, alteration or operation of the works authorized. DATE SIGNATURE Page 76 of 118 wasketchoflocationofproposedentrance.Showentrance'æ Onu¡*?...:,roads, etc. worti arïow rl should be shown. Use dark ink. dE T $r''r' LÛN ê s¿i I )'rt ,tlt \l v¡+fr{b ¡ol I accompanied ffirråiif::j::ii:::1**1:y$T+ with an apprication fee of iiä;l,"iJiii:äåi;ïhedeposi,reewi,, ¡3?ä?#ä:,if.""î.'T.:i?ffbe refunded after the entrance has been 113"finstalle 4' The culvert size and entrance way width are as specified in the permit. 5 sropes must *:J"","iïÍiiì]"8Jîi:J:îtx**1î:ï:åiï be neatry trimmed with topsoirand not 6. An entrance installed on a temporary permit is removed. 7. Only C.S.p. will be accepred. Length of Pipe/Culvert 3o /.* Size of Pipe ¿{r;. / width of Entrance J t ,/"../. Gauge or Thickness Traffic is visiblefromthepointofentrancerotheMunicipalitynoaa/lo Æ.j r-¡/n> ,¿r,"/< Sú{ I "( ar*.-., I APPROVED NOT APPROVED ¿n¿-r/, DATE e of Road Department Employee FEE COLLECTED $ PAIDBY Name of Person/Contractor Date Received Method of Payment Code # 586 Entrance Permit $ Code #587 Entrance Permit Deposit $ Final lnspection By: REFLND DUE y". I No E Amount $ Please issue cheque - Accounr Number 0t-0000-2202 ( copy of chequ" toÞÇSEãñil -ìtãiñ¡ Page 77 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.13.62 October 16th,2013 Application Details: Consent Application No. 816.2013 Location: East Part of Lot 25, Concess¡on 4, The Former Township of Euphrasia Registered Owner: Katherine Taylor and Joel Sears Agent: Antoin Diamond, Land Securement (BTC) The Bruce Trail Conservancy Grey county official Plan: Niagara Escarpment Development Area Grey Highlands Official Plan: Niagara Escarpment Development Area PURPOSE: This file is related to Consent 813.2013. To sever a parcel of land with a lot area of approximately 10.4 hectares and a width of 314 metres and to convey these lands to the adjacent parcel (42 08 390 003 03200 0000) for agricultural purposes. Further, to retain a parcel of land that will be conveyed to the Bruce Trail Conservancy as paft of 813.2013. This parcel measures 9.6 hectares in lot area with no frontage. Recommendation: That Consent Application 816.2013 be approved, subject to the following conditions: . Payment of any outstanding Municipal Taxes. . Payment of the $300.00 Approval Fee. . That Consent 813.2013 be registered prior to Consent 816.2013 being registered. . That the lot be deeded as a lot addition. 1.O Overview: The subject lands are located at East Part Lot 25, Concession 4 in the former Township of Euphrasia. The Applicant has requested the Committee consider the conveyance of land from the subject lands to the adjacent lands (Davison). The lands are located on the north side of Side Road 25, west of Grey Road 7 and east of the 3'd Line D. The area is primarily agricultural with large land holdings and intermittent streams and associated woodlands. This file is related to Consent 813.2013. The proposal is to sever a parcel of land with a lot area of approximately L0.4 hectares and a width of 314 metres and to convey these lands to the adjacent parcel (42 08 390 003 03200 0000) for agricultural purposes. Further, to retain a parcel of land that will be conveyed to the Bruce Trail Conservancy as part of 813.2013. This parcel measures 9.6 hectares in lot area with no frontage. 816.2013 (Taylor/Sears_BTC) East PaÉ Lot 25, Concession 4 (Euphrasia) Page 78 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL. 13.62 October 16th, 2013 The application proposes to retain a stand alone parcel of land that would be owned and managed by the BTC. The severed parcel would be conveyed to the adjacent agricultural parcel as noted above. 2.O Plannino Analvsis: The following issues were reviewed as part of this application: . General Development Policies . Consent Policies o Proposed Lot Configuration o Permitted uses for the subject lands. 3.O Provincial Policy Statement (2OO5)i Planning Staff are generally satisfied that the proposed lot addition to be transferred to the adjacent lands (Davison) is appropriate and is consistent with the Provincial Policy Statement. 4.O The Municipality of Grey Hiohlands Official plan: The subject lands are located within the Niagara Escarpment Plan (NEp) and is designated Escarpment Rural Area. Within the Municipality of Grey Highlands Official Plan the lands are designated Agricultural and Hazard with a cold water stream that traverses a portion of the property. The surrounding land uses include agricultural and conservation lands to the north, residential and agricultural to the east, south and west. The retained parcel would be a stand alone parcel that would be owned and maintained by the BTC. Based on the fact that the proposed lot is for a non-building lot, no MDS calculations were completed. Furthermore, staff would note that the lands do not have frontage onto an open and maintained road. The lands would be adjacent to an existing Bruce Trail conservation land corridor. The Official Plan, Section 3.2 - General Consent Policies provide that, "the creation of new lots, which lack frontage on a public road, which is maintained year round, is not permitted". As such, staff would generally not support the creation of a new lot that lacks frontage. However, Section 1.5 of the Official Plan provides that, "under the provisions of the Niagara Escarpment planning and Development Act, the policies of this Official Plan must conform to thé Niagara Escarpment Plan". Section L4 of the Act states that in the event of a conflict between the policies of a local plan and the Niagara Escarpment Plan, as amended from time to time, the provisions of the Niagara Escarpment Plan will prevail. 816.2013 (Taylor/Sears_BTC) East Part Lot 25, Concession 4 (Euphrasia) Page 79 of 118 Municipality of Grey Highlands Committee of Adjustment n n'8:,ff ''" 3l i;ll; î3 The policies of the Niagara Escarpment designations permit the acquisition"i of a portion of a lot by a public body provided no new building lot(s) is created. In this case, no building lot is created. The Bruce Trail Conservancy is treated as if it were a public body with respect to the role of the Conservancy in securing and managing the Bruce Trail corridor under Part 3 of the Niagara Escarpment plan. An Objective of Part 3 of the NEP - The Niagara Escarpment Parks and Open Space System - is to secure a continuous route for the Bruce Trail. NEp policies support the program to secure conservation lands and a continuous route for the Bruce Trail as part of and linking the parks system along the entire Escarpment. 5.o The Municipality of Grey Highlands comprehensive Zoning BE law No. 2OO4-5O: The subject lands are located entirely within the Niagara Escarpment plan and subject to Development Control. Zoning is not in effect on the subject lands, therefore no Zoning By-law Amendment would be required as a condition of the consent should the applicatíon be approved. 6.O Comments Received (summary): Comments were provided from the following authorities having jurisdiction over the subject lands: o The county of Grey: comments received september 26, 2oL3 Provided that the Niagara Escarpment Commission's conditions are satisfied, that the applicant is encouraged to merge the retained lot with the adjacent Bruce Trail Conservancy lands, and that the severed parcel is added to the adjacent parcel as described in the application, County planning staff have no further concerns with the subject application. o The Niaoara Escarpment Commission: Comments received September 6, 20L3 no objection as the proposal is for a lot addition only and no new building lot is to be created. o The Grey Sauble Conservation Authority: Comments received September 30, 2013 no objection to the proposed severance as it is for lot addition to a legitimate conservation organization. . The Municipality of Grev Highlands Building Department: Comments received September 30, 20L3 - no concerns Comments received September 27, Z0L3 - no concerns. 816.2013 (Taylor/Sears_BTC) East Part Lot 25, Concession 4 (Euphrasia) Page 80 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.13.62 October 16th,2013 7.O Conclusion: Planning Staff are sat¡sfied that the proposed lot addition for the purposes of convey¡ng agricultural lands to an abutting parcel maintains the general intent of the County and local Official Plans. 8.O Recommendation: That Consent Application 816.2013 be approved subject to the above noted conditions. tsù'hù 8.(¡}{f Kristine Loft, MCIP RPP Consulting Planner 20L3t t0 tL6 Date Attached: 1. Applicant Sketches including further consent sketch 2. Agency comments 816.2013 (Taylor/Sears_BTC) East Part Lot 25, Concession 4 (Euphrasia) Page 81 of 118 Page 82 of 118 Gonsent Map Elmh€dge ì Mrnniehi¡l '. / "'î':_1 t^- t"',,*oñø""rr"tf "' i11 041 ") I ÑR\CULIURÀL RÉS\DÉÑ\ÀL Sears 111-023 Property Severance E Pt Lt 25, Con 4 Former Township of Euphrasia Municipality of Grey Highlands County of Grey I NÑuRÀt ARN: 420839000302600 ußAL o'rarorñ'ÀL I ÀGR\GuLf AssessedAcreage: 103 ac (used on map) "'' GIS Acreage: 105.2 ac {r'oz OR on Land: 436 metres aq$sÉR{ñtoN"nso -o^-fÊ+^":!þv- *., - - . Prim Oplimum Route wooded Area o { F l.I¡lityL¡ne l----] atcUanageO -'.*i'""-ï': Conlour (5 retre) t-- ì Ê"""t"nr + Skeam (pemanent) f] Ottrer eudic LanO -***n**tn* .--.- Ftow(¡nterm¡ttent) f]l PrivateLand 111-0'18 r¡årer fl suqea eroærtr ,. \¡eiland : SìeveranceL¡ne Famed Areas 111-019 - Poduæd by tñe 8r@ Tra¡lConsetuancy und€r Lic€næwith th€ Onlâm M¡nist¡y of Natu€l R€suræs Vætor Bæô Oata supphed by the MNR. UIM Prqection. t{AD83. Züe 17 \ À¡lay Nol 8e Reproduæd Wihour Pem6sioñ. \ on map are not of survey quality. Th¡s is not a plan ol suNey. ¡ t @Qæen's P;into¡ br Oñtãrio20'12 N .n ìo (g õ ¡-o o o a o o x= o o o î È .g o o o o. ¡-o fL Page 83 of 118 dc,çiåö, prannins and Deveropment 5gS gtn Avenue East, Owen Sound Ontario N4K 3Eg 519-376-2205 / 1 -800-S67-cREy / Fax 519-326-7970 September 26,2013 Nicole Martin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P,O. Box 409 MARKDALE, Ontario NOC 1H0 Re: Gonsent Application BlG/2013 East Part of Lot 25, Concession 4 Municipality of Grey Highlands (Geographic Township of Euphrasia) Owners: Katherine Taylor and Joel Sears Agent: Antoin Diamond, Bruce Trail Conservancy Dear Ms. Martin: This correspondence is in response to the above noted applicatíon. We have had an opportunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Otficial Plan (OP). We offer the following comments. The purpose and effect of the subject application is to sever a parcel of land with a lot area of approximately 10.4 hectares and a width of 314 metres and to convey these lands to the adjacent parcel for agricultural purposes. Further, to retain a parcel of land that will be conveyed to the Bruce Trail Conservancy as part of 813.2013. This parcel measures 9.6 hectares in lot area with no frontage. Schedule A of the oP designates the subject lands as 'Niagara Escarpment Development Control Area'. According to Section 2.5.1 of the Op, The Niagara Escarpment Plan must be referred to for determination as to whether or not the lands are affected by the various designations and policies under that planning document. Comments were received from the Niagara Escarpment Commission on September 6, 2013. lt was indicated that they have no objection to the consent, and recommend the following conditions be applied: - That Section 50(3) of the Planning Act shall apply to any future conveyance of the severed parcel. Grey County: Colour lt Your Way Page 84 of 118 Page 2 September 26,zTjg - Any existing mortgage commitment on the parcel to be added to should be extended to cover the whole, newly created parcel. Appendix A indicates that a small portion of the subject lands are 'Special policy Area (Karst)" However, this area is not within original severed parcel or the new severed parcel to be conveyed, and as such the policies will not apply. Appendix B indicates that a watercourse exists on the subject lands. Section 2.g.6(5) of the OP states, No development shall be permitted within 30 metres of the banks of a stream, river, lake, or Georgian Bay. Appendix B also indicates that a small portion of the subject lands is located within 50 metres of 'significant woodlands'. Section 2.9.4(1) of the op states, No development or site alteration may occur within significant Woodlands or their adjacent lands unless it has been demonstrated through an Environmental tmpact study, as per section 2.g.7 o,lthis plan, that there will be no negative impacts on the natural features or their ecological functions. No development is proposed. An Environmental lmpact Study will not be required. It has been noted that the retained parcel has no frontage. Of a general planning nature, Grey County planning staff do not generally support lot creation where there is no frontage on a year-round maintained road. lt is recommended that the retained parcel be merged with the adjacent Bruce Trail conservancy lands. Provided that the Niagara Escarpment Commission's conditions are satisfied, that the applicant is encouraged to merge the retained lot with the adjacent Bruce Trail Conservancy lands, and that the severed parcel is added to the adjacent parcel as described in the application, County planning staff have no further concerns with the subject application. The County requests notice of any decision rendered with respect to this file. lf you wish to discuss this matter fuñher, please do not hesitate to contact me. Grey County: Colour lt your Way Page 85 of 118 Page 3 September 26,2013 Alisha Buitenhuis, B.E.S. Planner (519) 372-0219 ext. t23O alisha. bu iten hu is@grey. ca www.grey.ca cc: Riek watt, Niagara Escarpment Gommission (by email only) Grey County: Colour lt Your Wal¡ Page 86 of 118 Niagara Escarpment Commission Commission de l'escarpement du Niagara 99 King Street East 99, rue King est P.O. Box 308 p.o.b. 308 Niagara Escarpment Commission Thornbury, ON NOH 2P0 ThornburyON NOH 2P0 An ¿9ency of the Government of Ontario Tel. No. (519) 599-3340 No de tel. (519) 599-3340 Fax No. (519) 599-6326 Télécopieur (51 9) 599-6326 wwwescarpment.org www.escarpment.org September 6,2013 Amber Tabor Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street, PO Box 409 Markdale ON NOC 1H0 Sent Via Email: [email protected] Dear Ms. Tabor: \k Re: Gonsent Application 819.2013, Bruce Trail Conservancy Part Lot 25, Concess¡on 4 Municipality of Grey lands (Euphrasia), County We have rev¡ewed this applicatíon for Consent and provide the following comments. This application is a follow-up to Consent Applicatio n a'tl,.zol3 which proposes a severance for the purposes of acquisition of lands by the Bruce Trail Conservancy (BTC). The Niagara Escarpment Commission has no objection to Consent 812.2013 as stated in a separate letter. 3 It is our understanding that upon acquisition of the land as proposed under Consent 813.2013, a 10.4 ha (25.77 ac) portion of these acquired lands are proposed to be transferred to the property to the north as a lot addition for agricultural purposes. The portion of the property to be secured by the Bruce Trail Conservancy (BTC) under Consent 13.2013, and the portion to be added to the private property to the north under Consent 81ø.2013 is located within the Niagara Escarpment Plan (NEP map attached) and is designated Escarpment Protection Area. The Niagara Escarpment Commission has no objection to Consent A16.ZO13 as the proposal is for a lot addition only, and no new buílding lot is to be created. The Commission recommends the following conditions be applied: ' That Section 50(3) of the Planning Acf shall apply to any future conveyance of the severed parcel. . Any existing mortgage commitment on the parcel 1of 2 Ontnrio's Niagara Escnrpnent - A UNESCO World Biosphere Reserae Page 87 of 118 We request a notice of the Committee's decision on this Consent application. Should you have an¡¡ questions please contact me at (519) 5gg-3740 or at ri cß.watt@ontario. ca. Youqltruly, v WRick Watt Senior Planner (Acting) c: Antoin Diarnond, BTC 2oî2 Page 88 of 118 Page 89 of 118 Niagara Escarpment plan Bruce Trail Conservancy Consent 813.2013 ESu¡ject Property Plan Designations Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area Mineral Resource Extraction Area Escarpment Recreation Area Urban Area El Minor Urban Centre Niagara Escarpment Parks tJJ¿¡6 Open Space System -ñqE hNry.Csriltuñô.aôroñhîûô..b6o.rrra.p .n.rFtu.d aU-ilodtutq¡û!ù ñ,nfÊñ.d tb .F¡blb otlb lô¡æLrõ¡olMÐr. d.ô orrb ¡€.È Esæd Pb. tu N.FÈ EEæñt tbñ dr..r..Þ@.t I þ @ Ê...d lMr,¡ il, sb.t6chtt4¡ *q b.¡ærd Map Features Legend ANSI Life Science ANSI 1 lÍ! Earth Science ANSI I Candidate Life Science ANSI i Earth Science I ffiCandidate ANS| I Evaluated Wetlands I I Wetland Significance I I f-lProvincial ; Other o 1 Wintering Area rn EDeerWintering Area (Stratum u 2) o-'' cúDeer Yard (Stratum 1) :.¡ Scale 1:10,000 0 70 140 210 280 3s0 Metres Pdéo^9Þ6 ær3 THIS IS NOT A PLAN OF SURVEY D¡ rÞ ð [bbl¡þ orû Þ Er ntoñ {.¡ ¡¡q. pòC- hC¿to..t Éqb?. Ë.loôolbl6lær.r.9ú ro Éryþ B-&d rm Éæ!. þva. ÞtcoBFb.d ñud b' rb c4n!k lúñ srs.n¡ (GlS, bÈinñolh N.o. €E,F.1 bÉ@¡ úDdryôlMtú.' R.M¡ Þontar¡o - 'a|-- Grey Sauble Conservation 237897lnglis Falls Road, R.R.fi4, Owen Sound, ON N4K 5N6 , '++.''ét-' Telephone: 5L9.376.3076 Fax: 519.371.0437 Email:[email protected] '* - ;.<**r*+i www.greysauble.on.ca September 30, 2013 Mr. John Acres, CBO Municipality of Grey Highlands 206 Toronto St South, Unit 1 Box 409 Markdale ON Noc 1H0 Dear Mr. Acres: RE: Application for Consent (816.2013) Applicant: Katherine Taylor and Joel Sears via Bruce Trail Conservancy Part Lot 25, Concession 4; Roll Number: 42-08-390-003-02600-0000 Municipality of Grey Highlands, formerly Euphrasia Township Our File: P10858 Subject Proposal It is our understanding that the subject application will sever approximately 10.4 hectares of land from an existing 20 hectare parcel. lt is further our understanding that the severed parcel would be added to the larger land holding of the Bruce Trail Conservancy to the norlh and that the retained parcel would be added to the adjacent (42-08-390-003-03200)agricultural parcel. The Grey Sauble Conservation Authority (GSCA) has reviewed this application in accordance with our mandate and policies for natural hazards, for natural heritage issues as per our Memorandum of Agreement with your municipality and relative to our policies for the implementation of Ontario Regulation 151/06. We offer the following comments. Site Description The subject property is located on the north side of Sideroad 25 in the former Euphrasia Township. The property is largely maintained in agricultural uses. Several tributaries of the Beaver River flow through the subject property. A wetland feature and a woodlot occur in the western poñion of the property. GSCA Regulations Portion of the property are regulated under Ontario Regulation 151/06: Regulation of Development, lnteference with Wetlands and Alterations to Shorelines and Watercourses. The regulated areas are associated with the aforementioned wetland and watercourse features. ïhese areas are generally shown on the attached mapping. I of'2 Watershed Municipalities Arran-Elderslie, Chatsworth, Georgian Bluffs, Grey Highlands C< ¡rrscrr,.r tion Meaford, Owen Sound, South Bruce Peninsula, Blue Mountains ONTARIO Page 90 of 118 \lr Johrr Acres. ('lX). \lurrrr.r¡lirlrtr ol'(it.er llighlarrds '\¡r¡rlrcntron l'or' ('orrse¡rr (l] lô lol -1) l)¿¡rt trl'l,ol 15. (-orlcession.l. \lrrnicipalitv trl'Cire) llig[lrrds (t:rr¡rh¡asi:r lo'uynsh¡p) Se¡ttc'rnlrer' 10. 2()l ì Our l'ilc'No. PlOlJil{ Under this regulation, a permit is required from this office prior to the construction of buildings or structures, the temporary or permanent placement of fill within the designated area, interference with a wetland, and/or the straightening, changing, diverting or ¡n any way interfering with an exist¡ng channel of a river, lake, creek, stream or watercourse. Provincial Policy Statement 3.1 Natural Hazards Natural Hazards identified on the property are associated with the aforementioned wetland and watercourse features. These areas are generally shown on the attached mapping. 2.1 Natural Heritage There are no significant natural heritage features currently identified on the subject lands. How- ever, it should be noted that the Beaver River is a cold water feature and development should generally maintain a minímum 30 metre setback from the banks of this feature and ¡ts tributaries. Recommendations We generally have no objection to the proposed severance as it is for lot addition to a legitimate conservation organization. lf any questions should arise, please contact our office. Regards, -'- ' Tim Lanthier Watershed Planner enclosure cc via email: Mr. Dave clarke, Authority Director, Municipality of Grey Highlands Mr. Rick Watt, Senior Planner (Acting), Niagara Escarpment Commission Planning Department, Municipality of Grey Highlands Planning Depaftment, County of Grey Ms. Antoin Diamond, Bruce TrailConservancy It'll Page 91 of 118 Page 92 of 118 'l'ht: ¡t[a i t' f ,,t tt 1..[ stttslÍ1.ç September 23'd, 2OL3 390-003-02600 Grey Highlands Planning Department 816.2013 Katherine Taylor & Joel Sears E. Pt. Lot 25 Con 4 former Euphrasia Please be advised that Grey Highlands Building Department have no concerns with the severance 816.2013 to sever a parcel of land to add to an existing agricultural farm operation (Fairfield Farms). I trust this information is sufficient. If you require any additional information please do not hesitate to contact the undersigned. ,1.&,* John Acres, CBCO, CRBO Director, Building Facilities and By-law Services, Chief Building Official JAlkh The Municipality of Grey Highlands t.-,1 206 Toronto Street South, Unit One P.O.Box 409 Markdale, Ontario NOC I H0 ¡5'19-986-2811 Toll-Freetl-888-342-4059 Fax519-986-3643 Page 93 of 118 /ù www.qrevhighlands.ca M [email protected] Grev Hislíl ANCIS TRANSPORTATI ON AND ENVIORN M ENTAL SERVICES COMMENTS FOR PLANI N ! NG A.PP!-!CA.T! ONS Apprication titeNo. ß /6 -2ö/ 3 outu'---.þ"/. ¿Z/rS Applicant:__ Location:LolNo._-Concession:_MunrcipalAddress(Å96:''.-L_W. Road Alignment: _Urban--.-.Rural_ Road Widening Required: Retained Parcel: Yes_ _No_. Width Severed Parcel: Yes.-__ No._--W¡dth Entrance Clearly Marked: Yes_No.-Visibility/Sight Lines: Lot Drainage: comment s,-.- lUo ù-zc.c/4sJ/ks--Zøe- Approval: Yes Comments ¡;ro,rrded by; '&U--signarure. PTEASE PRIN'T Page 94 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report PL.13.59 October 16th, 2013 Application Details: Consent Application No. BL7.2OL3 Location: Lot 154, Concession 1 NETSR The Former Township of Artemesia Registered Owner: peter McCracken Grey County Official Plan: Urban Grey Highlands Official Plan: Neighbourhood Area PURPOSE: To sever approximately 200 square metres of lot area with a frontage of 3.5 metres onto Highway 10; and convey this parcel to the abutting residential parcel. The retained parcel would measure 7300 square metres with a frontage of approximately 33 metres. The amalgamated parcel would measure approximately 1.4 ha with a frontage of 34.66 m onto Highway 10 (Roll No. 4208 1800 10283200000). Recommendation: That Consent Application 8I7.20t3 be approved, subject to the following conditions: . Payment of any outstanding Municipal Taxes. . Payment of the $300.00 Approval Fee. . That the lot be deeded as a lot addition. 1.O Overview: The subject lands are located at Lot 154, Concession lNETSR in the former Township of Artemesia (Flesherton). The Applicant has requested the Committee consider the conveyance of land from the subject lands to the adjacent lands. Both parcels are residential and have frontage onto Highway 10. The proposal is to sever approximately 200 square metres of lot area with a frontage of 3.5 metres onto Highway 10; and convey this part to the abutting residential parcel. The severed parcel is irregular. The retained parcel would measure 7300 square metres with a frontage of approximately 33 metres. The amalgamated parcel would measure approximately 1.4 ha with a frontage of 34.66 m onto Highway 10. 8L7.2013 (McCracken) Lot 154, Concession 1SWTSR (Aftemesia) Page 95 of 118 Municipality of Grey Highlands Committee of Adjustment Planning Report Pt.13.59 October 16th,2013 2.O Plannino Analvsis: The follow¡ng issues were reviewed as part of this appl¡cat¡on: . General Development Policies o Consent Policies o Proposed Lot Configuration . Permitted uses for the subject lands. 3.O Provincial Policy Statement (2OO5ì: Planning Staff are generally satisfied that the proposed lot addition to the adjacent lands is appropriate and is consistent with the Provincial Policy Statement. Bt7.2OL3 (McCracken) Lot 154, Concession 1SWTSR (Artemesia) Page 96 of 118 MunicipaliÇ of Grey Highlands Committee of Adjustment Prannins ff::i.ü;tiï3 4.O The Municipality of Grev Hiohlands Official plan: The subject lands are located within the Neighbourhood Area designation within Flesherton. The proposal would provide access to the rear of the property, by providing for a lot line adjustment. Staff have considered the application and are of the opinion that the proposal conforms to the Official Plan, and does not cause any land use compatibility issues. Staff are of the opinion that the consent as proposed does conform to the Official Plan. 5.O The MunicipaliW of Grev Highlands Comprehensive Zoning Bv- law No. 2OO4-5O: The subject lands are zoned Highway & Service Commercial (C2). As such, the proposed consent would convey a parcel of C2 zoned lands to an abutting C2 property. Staff would confirm that no zoning by-law amendment is required and that the severed and amalgamated parcel would meet the provisions of the zoning by-law. 6.0 Comments Received fSummarvì: Comments were provided from the following authorities having jurisdíction over the subject lands: . The County of Grey: commenfs received September 25, 2013, comments should be received from the Ministry of Transportation. Provided that positive comments are received from MTO and that the severed parcel is added to the abutting parcel as outlined in the application, County planning staff have no further concerns with the subject application. . The Grev Sauble Conservation Authority: Comments received September 27, 2013 - No objection. r The Municipality of Grey Highlands Building Department: Comments received September 30, 2013 Septic system must maintain a minimum 3 metre setback to any newly created lot line, no further concerns noted. . The Municipality of Grey Highlands Transportation and Environmental Services: Comments received September 27, 2013 property is outside conneding link, no concerns at this time. 7.O Conclusion: Planning Staff are satisfied that the proposed lot addition for the purposes of conveying commercial lands to an adjacent commercial. As such, the proposal would maintain the general intent of the County and local Official Plans and could conform to the zoning by-law. 8t7.20L3 (McCracken) Lot 154, Concession 1SWTSR (Artemesia) Page 97 of 118 Municipality of Grey Highlands Committee of Adjustment Pra n ni ns Re3:iJlri t i i3 8.O Recommendation: That Consent Application B17.2013 be approved subject to the above noted conditions and deeded as a lot addition. HMrhù g . tÐfr Kristine Loft, MCIP RPP Consulting Planner 20L3t L0 /L6 Date Attached: 1. Applicant sketches including further consent sketch 2. Agency comments 8L7.20L3 (McCracken) Lot 154, C¡ncession 1SWTSR (Atemesia) Page 98 of 118 Page 99 of 118 l-,.n = I o, Jt -.'t',<-__*-. lç : .._ ._.,. I tll . .:.j ó-c r o qe lr I .-\ . r)r. RTTRI N ED Ru*r .l*,* ío I ¡- ¿ r.\ ¡^rì - r. ,u \ :¡H.4" I /¡ , l.\,, L, \ì5' '\_ ;o {/ I l.i l- c , <., nl c li-f È- il..ç i .sv H.., r.i-l :-(rJ cüÑ I I\ETS rì f:T- ior it E !t\ìO3.ì ÈAñT 1, 'i,r tú.r s.pti. I 1 l*..Èc -. t4'\. : " ! ì,-i,aL-- | s,-- rl 54.sc XorsI^.' QesrJ"nl,o I i.i l' i'c -,,1e nl ,o I i. sí..i.-i'{ i.l dag,nç ptannins and Deveropmenr S9S g,n Avenue East, Owen Sound Ontario N4K 3E3 519-376-2205 / 1-800-S67-cREy / Fax. 519_376_2970 September 25,2013 Nicole Martin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P.O. Box 40g MARKDALE, Ontario NOC 1H0 Re: ConsentA,pplicationB'17/2O13 Part Lot 154, Goncesssion 1 NETSR 111 Toronto Street Municipality of Markdale (Geographic Township of Artemesia) Owner: Peter McGracken Applicant: John McOracken Dear Ms. Maftin: This correspondence is in response to the above noted application. We have had an opportunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offerthe following comments. The purpose and effect of the application is to sever approximately 2000 square metres of lot area with a frontage of 3.5 metres onto Highway 10; and convey this parcelto the abutting residential parcel. The retained parcel would measure 7300 square metres with a frontage of approximately 33 metres. The amalgamated parcel would measure approximately 1.4 hectares with frontage of 34.66 metres onto Highway 10. Schedule A of the OP designates the subject lands as 'Secondary Settlement Area'. Section 2.6.4(1) of the OP states, Secondary Settlement Areas are intended to provide a limited opportunity for growth and provide a range of living styles and employment locations. Appendix B of the OP indicates that the subject lands contain a small amount of 'S i g n if icant Wood lands'. Secti o n 2.8.4(1) states, No development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated Grey County: Colour lt Your Way Page 100 of 118 Page 2 September 25,2013 through an Environmental lmpact Study, as per section 2.8.7 of this plan, that there will be no negative impacts on the natural features or their ecological functions. No development is proposed within the Significant Woodlands or their adjacent lands. The subject lands front onto a Provincial highway. Section S.2.2(6X0 of the Op states, Any applications for consent for severance, change of zoning, plan of subdivision, minor variance and/or development agreement for land abutting a Provincial Highway or County road shall be referred to the appropriate approval authority prior to approval in order to determine if the use, siting, and/or right-of-way width are adequate and meet the provisions of this Plan. comments should be received from the Ministry of rranspoftation (MTo). Provided that posítive comments are received from MTO, and that the severed parcel is added to the abutting parcelas outlined in the application, County planning staff have no fudher concems with the subject application. The County requests notice of any decision rendered with respect to this file. lf you wish to discuss this matter further, please do not hesitate to contact me. Yours truly^ QW,i"uø,- lu.Ø Alisha Buitenhuis, B.E.S. Planner (s19) 372-0219 ext. 1233 alisha. buitenhu [email protected] wu¿ugfey--ça Grey County: Colour lt Your Way Page 101 of 118 'e|- Grey Sauble Conservation 237897lnglis Falls Road, R.R.#4, Owen Sound, ON N4K 5N6 Telephone: 519.376.3076 Fax: 5j.9.371.0437 Email:[email protected] www.greysauble.on.ca September 27,2013 Mr. John Acres, CBO Municipality of Grey Highlands 206 Toronto St South, Unit 1 Box 409 Markdale ON Noc 1H0 Dear Mr. Acres: RE: Application for Gonsent (817.2013) Applicant: John McCracken 111 Toronto Street; Roll Number: 42-08-180-010-28300-0000 Municipality of Grey Highlands, formerly Artemesia Township Our File: P10883 Subject Proposal It is our understanding that the subject proposal would sever a 200 square metre parcel of land from the subject property and convey it to the adjacent parcel to the south. The Grey Sauble Conservation Authority (GSCA) has reviewed this application in accordance with our mandate and policies for natural hazards, for natural heritage issues as per our Memorandum of Agreement with your municipality and relative to our policies for the implementation of Ontario Regulation 151/06. We offer the following comments. Site Description The property is located on the east side of Highway 10, approximately 135 metres south of Highland Drive in the Village of Flesherton. The property is generally level and is maintained as a combination of commercial use, manicured lawn and cultural meadow. A commercial building occurs at the western extent of the property. GSCA Regulations The subject property is not currently regulated under Ontario Regulation 15'l106: Regulation of Development, lnterference with Wetlands and Alterations to Shorelines and Watercourses. The parcel that will receive the lot addition is partially regulated under O.Reg. 151/06. The regulated area is associated with a small cattail marsh occurring in the rear portion of the property. Under this regulation, a permit is required from this office prior to the construction of buildings or structures, the temporary or permanent placement of fill within the designated area, interference with a weiland, and/or the straightening, changing, diverting or in any way interfering with an existing channel of a river, lake, creek, stream or watercourse. Provincial Policy Statement 3.1 Natural Hazards There are no natural hazards currently identified on the subject property. Iol'2 Watershed Municipalities Arran-Elderslie, Chatsworth, Georgian Bl uffs, Grey Highlan ds Conscrv.rlion Meaford, Owen Sound, South Bruce Peninsula, Blue Mountains ONTARIO Page 102 of 118 ,\pplication lirr' (ìr¡l'c.nl (ll I 7.1()|I r l.t¡l l-i4. (ir¡lcc-ssi.¡r I Nlil'sll. (ìrer Fliehla¡rtls r,\¡ rcrrrcsia'lìrwnship) tvla¡ .ì. 30 I ,ì Out Filc No PlOl{li ì As noted above, the parcel that will receive the lot addition has a small wefland feature on ¡t. This weiland feature is mapped as hazard land on the attached mapping. Any updates to the comprehensive zoning by- law should include this area as hazard land. 2.1 Natural Heritage We note that the s_ubject property is partially within the adjacent lands to a s¡gnlficant woodland area as defined under the County of Grey Official Plan. Under the Provincial Policy Stãtement, development and site alteration shall not occur within the adjacent lands to a significant woodland unless it has been demonstrated that there will be no negative ¡mpacts to the feature oi its ecological function. It is the opinion of this office that the proposed consenl will not negatively impact the significant woodlands or their adjacent lands given that the proposed consenl is for lot aOO¡t¡on, and no new development potential is being created. Recommendations We have no obiection to the consent application as no development is proposed within any hazard and/or regulated areas. Further, as noled above, we do not believe that the proposed consent ápplication adds any additional developmenl pressure to the significant woodland feature. lf any questions should arise, please contact our office. Regards, Tim Lanthier Watershed Planner enclosure cc via email: Mr. Dave clarke, Authority Director, Municipality of Grey Highlands Planning Department, Municipality of Grey Highlands Planning Departmenl, County of Grey Iol l Page 103 of 118 Page 104 of 118 '-f"irt' y{ttt i:ttr rt{{ sÈtr.ri}/t,r September 20ü, 2013 4t)'r_0 t\ _1 Âr ? 180-010-28300 Peter McCracken c/o John McCracken PO Box 471 Fleshefton, Ont. NOC 1E0 Dear Mr. & McCracken, Re: Severance BL7/2Ot3 McCracken lot line adjustment Pt. Lot 154 Con. 1 NETSR former Artemesia Twp. Staff from the Municipality of Grey Highlands has reviewed the above noted application for septic review for severance BL7.2013 to sever off a portion of land to add to adjacent lot and we offer the following comments. Please be advised that the Municipality of Grey Highlands Building Department completed a review of this application. No concerns were noted in the review. Please be advised that all existing septic systems must maintain a minimum 3 metre setback to any newly created lot line. Any Septic system must be contained fully on the lot that it services. All applicable laws must be adhered to by applicant and requirements satisfied before Grey Highlands Building Department wíll issue any permits. qb hn Acres, CBCO, CRBO Director Building, Facilities & By-law Services, Chief Building Official 519-986-t2t6 x228 c.c. Planning JAlkh The Municipality of Grey Hightands [,'.] 206 Toronto Street South, Unit One P.O.Box 409 lvlarkdale, Ontario NOC lHO A519-986-281 1 Toll-Free A1-888-342-4059 Fax 519-986-3643 € www.erevhiqhlands.ca Eð [email protected] Page 105 of 118 Gieü Higlílands TRANSPORTATION AND ENVIORNMENTAL SERVICES COMMENTS FOR PLAhINING APPL!CATIONS Apprication rìr" No. P, / a ^ &o ¡3_ o^t", \ Road Widening Required: Retained Parcel: Yes _ __ _No Widrh Severed Parcel: Yes W¡dth Entra nce Clearfy Marked : Yes No Visibility/Sight Lines: Lot Drainage: Comment s: Approval: Comments provided by ,c/. Signature: PTEASE PRINT Page 106 of 118 Municipality of Grey Highlands Committee of Adiustment Planning Report PL.13.61 October 16th, 2013 Application Details: Consent Application No. 818.2013 Location: Lot 13, Plan 830 The Former Township of Artemesia Registered Owner: Norman Smith Grey County Official Plan: Inland Lakes and Shoreline Grey Highlands Official Plan: Inland Lakes and Shoreline PURPOSE: To sever a parcel of land measuring 37L.6 square metres with a frontage of 6.0 metres on Penny Lane and to convey this parcel to abutting lot. The amalgamated parcel would measure 1858.0 square metres with a frontage of 30.48 metres. The retained parcel would measure 1858.0 square metres with a frontage of 30.48 metres on Penny Lane. Recommendation: That Consent Application 818.2013 be approved, subject to the following conditions: . Payment of any outstanding Municipal Taxes. . Payment of the $300.00 Approval Fee. . That the lot be deeded as a lot addition. 1.O Overview: The subject lands are located at Lot 13, Plan 830 in the former Township of Artemesia. The Applicant has requested the Committee consider the conveyance of land from the subject lands to the adjacent lands that are also owned by the applicant. The proposal would "even out" the lot fabric for future proposed residential. The lands are located on the north side of Penny Lane. The area is primarily rural, woodland and residential development associated with the lake. The proposal is to sever a parcel of land measuring 37L.6 square metres with a frontage of 6.0 metres on Penny Lane and to convey this parcel to abutting lot. The amalgamated parcel would measure 1858.0 square metres with a frontage of 30.48 metres. The retained parcel would measure 1858.0 square metres with a frontage of 30.48 metres on Penny Lane. 818.2013 (Smith) Lot 13, Plan 830 (Artemesia) Page 107 of 118 Municipality of Grey Hightands Committee of Adjustment Planning Report pt.13.61 October 16th, 2013 2.O Plannino Analvsis: The follow¡ng issues were reviewed as part of this appl¡cat¡on: . General Development Policies . Consent Policies r Proposed Lot Configuration o Permitted uses for the subject lands. 3.O Provincial Policv Statement l2OO5): Planning Staff are generally satisfied that the proposed lot addition to the adjacent lands is appropriate and is consistent with the Provincial Policy Statement. 818.2013 (Smith) Lot 13, Plan 830 (AÊemesia) Page 108 of 118 MunicipaliÇ of Grey Highlands Committee of Adjustment Planning RepoÉ pL.13.61 October 16th,2013 4.O The Municioality of Grey Hiohlands Official plan: The subject lands are located within the Inland Lakés and Shoreline designation. The proposal would generally even out the two lots by severing a portion of one lot and conveying it to the adjacent parcel. The consent ultimately creates two appropriate residential parcels that conform to the zoning provisions as identified below. Staff are of the opinion that the consent as proposed does conform to the Official Plan. 5.O The Municipality of Grev Highlands Comorehensive Zonino BE law No. 2OO4-5O: The subject lands are zoned Resídential Shoreline (RS-13). As such, the proposed consent would create two equally sized parcels that would conform to the Residential Shoreline (RS) zone provisions. Staff would note that the subject lands already have the Exception 13 with respect to the development on a private road. Staff would confirm that no zoning by-law amendment is required. 6.O Comments Received fsummary): Comments were provided from the following authorities having jurisdiction over the subject lands: . The County of Grey: Please see attached. . The Grey Sauble Conservation Authoritv: Comments received September 27, 2OL3 - No objections. . The Municipality of Grey Highlands Building Department: Comments received September 20,2013 - No concerns. . The Municipality of Grey Highlands Transportation and Environmental services: comments received september 30, 2013 - No concerns. 7.O Conclusion: Planning Staff are satisfied that the proposed lot addition for the purposes of conveying residential shoreline lands to an adjacent residential lot. As such, the proposal would maintain the general intent of the County and local Official Plans and could conform to the zoning by-law. 818.2013 (Smith) Lot 13, Plan 830 (AÊemesia) Page 109 of 118 Municipality of Grey Highlands Committee of Adjustment Prannins H:i"ü;tiîl 8.O Recommendation: That Consent Application 818.2013 be approved subject to the above noted conditions and deeded as a lot addition. Kristine Loft, MCIP RPP Consulting Planner 20L3t r0 /L6 Date Attached: 1. Applicant Sketches including further consent sketch 2. Agency comments 818.2013 (Smith) Lot 13, Plan 830 (Artemesia) Page 110 of 118 Page 111 of 118 6.0e6 /- PLAN 830 N 81'05'50" E P1&MS !-- 60.96 P1 &MS -EMEStA) &MS .384 . È I ìJ !-o'i' î î \t I c\ (O t1 PART 1 u't o \ 4ùe' Ê \-l orro (o/ c; I = 0.037 ho. (o t{ ö (:) (D ÐB o o- (o f, N l'r r (o ò (o (') NE tr) : .R O) $ F--n I {{) (oo F_. a o l\ ì (o O3 I \ f- = , És tr) H JO_ '.v o ro q = \) a = o \ rô õò ¡¡ et'05'50" E I pART 60.s6 Pl & MS s.¡ 3 $ :;uíi,ii:ci''ïo iii:;'i-. ii:;8.í7'ô.i tì\ AREA 81'05',50" E 62.066 pt vs =F' srB (H&M) a N 81'05',50" E 60.96 Pl & MS O/.i -N (H&M) (\ srB "'tt N (n @ (1) D z CONVI I FACTC (2) c S ADJU! dc$ilîË' prannins and Deveropment 595 gtn Avenue East, Owen Sound Ontario N4K 3E3 51 9-376-2205 / 1 -800-567-cREY / Fax 519-376-7970 October 2,2013 Nicole Marlin Building, Facilities and By-law Services Municipality of Grey Highlands 206 Toronto Street South, Unit 1, P.O. Box 409 MARKDALE, Ontario NOC 1H0 Re: Consent Application 818/2013 Lot 13, Plan 830 Municipality of Grey Highlands (Geographic Township of Artemesia) Owner: Norman Smith Agent: Michael McGarry Dear Ms. Martin: This correspondence is in response to the above noted application. We have had an opportunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP). We offer the following comments. The purpose and effect of the subject application is to sever a parcel of land measuring 371.6 square metres with a frontage of 6.0 metres on Penny Lane and to convey this parcel to the abutting lot. The amalgamated parcel would measure 1858.0 square metres with a frontage of 30.48 metres. The retained parcel would measure 1858.0 square metres with a frontage of 30.48 metres on Penny Lane. Schedule A of the OP designates the subject lands as 'Rural'. Section 2.3.4(3) of the OP states, Consents are permitted where the land being conveyed is to be added to an existing use provided the severed and retained lots are greater than 0.4 hectares each. As they currently exist, the proposed amalgamated parcel is 0.148 hectares in size, and the retained parcel is 0.224 hectares. After the lot addition, each parcel would be 0.186 hectares in size. The subject application does not conform to the above policy. Appendix B of the OP indicates that the majority of the subject lands contain 'Significant Woodlands'. Section 2.8.a(1) of the OP states, Grey County: Colour lt Your Way Page 112 of 118 Page 2 October 2,2013 No development or site alteration may occur within significant Woodlands or their adjacent lands unless it has been demonstrated through and Environmental lmpact study, as per section 2.g.7 of this Plan, that there will be no negative impacts on the natural features or their ecological functions. The County has not received anything to address the requirements for an ElS, but would note the GSCA comments wherein an Els is not being requested. County staff recommend refusal of the subject application as it is does not conform to the County Official Plan. Should Committee of Adjustment approve the application, an Environmental lmpact Study shall be required, as well as evidence that each lot can support a private septic system as well as an individual drilled well. lt should be noted that the County would support the merging of these two lots into one larger lot. The County requests notice of any decision rendered with respect to this file. lf you wish to discuss this matter further, please do not hesitate to contact me- Planner (519) 372-0219 ext. '1233 alisha.buitenhu [email protected] www.orev.ca Grey County: Colour lt Your Way Page 113 of 118 'af- Grey Sauble Consewation 237897 lnglis Falls Road, R.R.#4, Owen Sound, ON N4K 5N6 Telephone: -''T*-*-.f---:;4É*-. 5]-9.376.3076 Fax: 5t9.37r.0437 Email:[email protected] Í..*,ì+ www.greysauble.on.ca September 27,2013 Mr. John Acres, CBO Municipality of Grey Highlands 206 Toronto St South, Unit '1 Box 409 Markdale ON NOC 1 HO Dear Mr. Acres: RE: Application for Consent (818.2013) Applicant: Norman Smith Lot 13, Plan 830; Roll Number: 42-08-180-007-26925-0000 Municipality of Grey Highlands, formerly Artemesia Township Our File: P10897 Subject Proposal It is our understanding that the subject proposal would sever a 371.6 square metre parcel of land from the subject property and convey it to the adjacent parcel to the west. The Grey Sauble Conservation Authority (GSCA) has reviewed this application in accordance with our mandate and policies for natural hazards, for natural heritage issues as per our Memorandum of Agreement with your municipality and relative to our policies for the implementation of Ontario Regulation 151/06. We offer the following comments. Site Description The property is located on the north side of Penny Lane in the former Artemesia Township. the property is generally level and is vegetated primarily as a sugar maple woodlot. GSCA Regulations The property is not currently regulated under Ontario Regulation 151/06: Regulation of Development, lnterference with Wetlands and Alterations to Shorelines and Watercourses. Provincial Policy Statement 3.1 Natural Hazards There are no natural hazards currently identified on the subject property. 2.1 Natural Heritage We note that the entire property is within the significant woodland area as defined under the County of Grey Official Plan. Under the Provincial Policy Statement, development and site alteration shall not occur within a significant woodland unless it has been demonstrated that there will be no negative impacts to the feature or its ecological function. It is the opinion of this office that the proposed consent will not negatively impact the significant woodlands given that the proposed consent is for lot addition, and no new development potential is being created. I ol'2 Watershed Municipa lities Arran-Elderslie, Chatsworth, Georgian Bluffs, Grey Highlands Ct¡lrsrrr,.r t ion Meaford, Owen Sound, South Bruce Peninsula, Blue Mountains O NT¡tR I O Page 114 of 118 iVlr. Johrr ¡\cres, CBO Application tbr Cor¡sc¡rr (B I 8.20 I 3) l,-ot 13. Plan !130, ùlurr icipalit¡ ol'( ire.v- I lighlands (Arrcnrcsin Township) Septenrbcr 27. 20 I 3 Our ljilo No. P10897 Recommendatlons We have no ob,jeclon to the consent application as no development is proposed within any l:6tzar and/or regulated areas. Further, as noted above, we do not believe that the þroposed c,onsent áppfication adds any additional developrnent press-ure to the significant woodland feature. lf an¡r questions should arise, please contact our office. Regards, Tim Lanthier Watelshed Planner cc via ernail: Mr. Dave clarke, Authority Director, Municipality of Grey Highlands Planning Department, Municipality of Grey Highlands Flanning Departrnent, County of Grey 3 ol'2 Page 115 of 118 September 20Ú,2Oi3 30-R-13 180-007-26925 Norm and Joe-Anne Smith RR4 Flesherton, Ont. NOc 1E0 Dear Mr. & Mrs. Smith, Re: Severance 818/2013 Lot 13 Plan 830 pafts 25 & 26 17R116 former Artemesia Twp. Staff from the Municipality of Grey Highlands have reviewed the above noted application for severance to sever a portion of lot to add to adjacent lot. Please be advised that the Building Department of the Municipality of Grey Highlands have no concerns with this application. All applicable laws must be adhered to by applicant and requirements satisfied before Grey Highlands Building Depaftment will issue any permits. ruly, \-Çþ'- John Acres, CBCO, CRBO Director Building, Facilities & By-law Services, Chief Building Official 519-986-L2L6 x228 c.c. Planning JAlkh The Municipatity of Grey Hightands I J 206 Toronto Street South, Unit One P.O.Box 409 Àlarkdale, Ontario NOC 1HO 8519-986-28'1 1 Toll-Free A1-888-342-4059 Fax 519-986-3ó43 4 www.crevhiqhlands.ca El [email protected] Page 116 of 118 Gieü Higlílancls TRANSPORTATION AND ENVIORNMENTAL SERVICES COMMENTS FOR PLAN N I NG A.PP!-ICATIONS Apptication r,teNo.B I Aet î - 3 -- oate' S Location: Lot No. Concession:__--M unicipal Address: Road Alignment: Urban grrat Penzq /o*,,e- êr-t*,)n- Road Widening Required: Retained Parcel: YC'e5 widrh Severed Parcel: Ye'e5 -_-No No widrh Entrance Clearly Marked: Yees NO _Visibility/Sight Lines: Lot Drainage: Comrnent s: Approval: Yes commentsprovided o, ('r, < LJr,rl- 'r@ PTEAsEPRTNT / Page 117 of 118 2014 Committee of Adjustment Meeting Dates All meetings commence at 1:00 pm January 15, 2014 February 19, 2014 March 19, 2014 April 16, 2014 May 21, 2014 June 18, 2014 July 16, 2014 August 27, 2014 September 17, 2014 October 15, 2014 November 19, 2014 December 17, 2014 Page 118 of 118