Council Agenda
Wednesday, May 5, 2021 9:30 a.m. Municipal Council Chambers Pages
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1. CALL TO ORDER
2. OPENING CEREMONIES – MOMENT OF REFLECTION
3. OPEN FORUM (MAXIMUM FIFTEEN MINUTES) - NONE
4. APPROVE OR AMEND AGENDA
Resolution That Township of Chatsworth Council adopt the Agenda as circulated.
5. DECLARATION OF PECUNIARY INTEREST
6. CONFIRMATION OF MINUTES
6.1. Minutes of Public Meeting held on April 7, 2021
Resolution That the Public Meeting Minutes held under the Planning Act on April 7, 2021 be confirmed as recorded.
7. MATTERS ARISING FROM MINUTES 7.1. Z03/2021 Follow up 7
Lands legally described as Lot 78 and Part Lots 79 and 80, Concession 3 NETSR, Geographic Township of Holland, now in The Township of Chatsworth located at 795665 East Back Line (Owner Bauman/Applicant Sherk). (The Applicant will be in attendance to answer Council's questions as requested.)
Resolution:
THAT Zoning Application Z03/2021 follow up with Applicant Sherk for lands located at 795665 East Bank Line be hereby received for information;
AND FURTHER THAT the Planner prepare an amending by-law with the following considerations:
8. PUBLIC MEETINGS (Statutory and Non-Statutory)
8.1. Public Meeting Z06/21 (Cook) 9
Lands legally described as Part Lot 29, Concession 6 EGR, Geographic Township of Holland, now in the Township of Chatsworth located at 495376 Veterans Road
8.2. Public Meeting Z07/21 (Ganz) 25
Lands legally described as Part Lots 79 and 80, Concession 1 SWTSR, , Geographic Township of Holland, now in the Township of Chatsworth located at 540316 Sideroad 80
8.3. Public Meeting Z08/21 (Brassard) 41
Lands legally described as Part Lot 16, Concession 1 NETSR, Geographic Township of Holland, now The Township of Chatsworth located at 777305 Highway 10
9. MATTERS ARISING FROM PUBLIC MEETINGS 9.1. Z06/2021 (Cook)
Lands legally described as Part Lot 29, Concession 6 EGR, Geographic Township of Holland, now in the Township of Chatsworth located at 495376 Veterans Road
Resolution
THAT Planning Application Z06/2021 for lands legally described as Part Lot 29, Concession 6 EGR, Geographic Township of Holland, now in the 2 Township of Chatsworth located at 495376 Veterans Road (Cook) be received for information;
AND FURTHER THAT the Township Planner prepare an amending zoning by-law for the next meeting of Council.
9.2. Z07/2021 (Ganz)
Lands legally described as Part Lots 79 and 80, Concession 1 SWTSR, , Geographic Township of Holland, now in the Township of Chatsworth located at 540316 Sideroad 80
Resolution
THAT Planning Application Z07/2021 for lands legally described as Part Lots 79 and 80, Concession 1 SWTSR, , Geographic Township of Holland, now in the Township of Chatsworth located at 540316 Sideroad 80 (Ganz) be received for information;
AND FURTHER THAT the Township Planner prepare an amending zoning by-law for Council's consideration.
9.3. Z08/2021 (Brassard)
Lands legally described as Part Lot 16, Concession 1 NETSR, Geographic Township of Holland, now The Township of Chatsworth located at 777305 Highway 10
RESOLUTION
That Planning Application Z08/2021 for lands legally described as Part Lot 16, Concession 1 NETSR, Geographic Township of Holland, now The Township of Chatsworth located at 777305 Highway 10 (Brassard) be received for information; AND FURTHER THAT the Township Planner prepare an amending zoning by-law for the next meeting of Council.
10. INTRODUCTION OF BY-LAWS – FIRST AND SECOND READING
Resolution That the following by-laws be introduced and taken as read a first and second time, and that they be given consideration in Committee of the Whole:
10.1. By-law Number 2021-26 54
Being a By-law to appoint an alternate Deputy Clerk for the Township of Chatsworth (Barb Schellenberger)
3 10.2. By-law Number 2021-27 55
Being a By-law to establish a by-law to establish a site plan control area within the limits of the Corporation of the Township of Chatsworth
10.3. By-law Number 2021-28 57
Being a By-law to authorize the Mayor and CAO/Clerk to enter into a Site Plan Control Agreement between the Township of Chatsworth and Cedar Rail Family Campground Inc.
11. COMMITTEE OF THE WHOLE
Resolution That Council now go into Committee of the Whole.
11.1. Consent Agenda and Determination of Items to be Separated - NONE
11.2. Presentations/Delegations (Pre-Registered) - NONE
11.3. Matters Arising from Presentations/Delegation - NONE
11.4. Staff Reports and Verbal Updates from Staff – NONE
11.5. Consideration of By-laws
Resolution That the following By-law(s) be referred to Council for consideration:
• By-law Number 2021-26 being a By-law to appoint an alternate Deputy Clerk for the Township of Chatsworth (Barb Schellenberger);
• By-law Number 2021-27 being a By-law to establish a by-law to establish a site plan control area within the limits of the Corporation of the Township of Chatsworth; • By-law Number 2021-28 being a By-law to authorize the Mayor and CAO/Clerk to enter into a Site Plan Control Agreement between the Township of Chatsworth and Cedar Rail Family Campground Inc.
11.6. Items Requiring Direction - NONE
11.7. Items Requiring Discussion including Items Removed from Consent Agenda - NONE
11.8. Rise and Report from Committee of the Whole 4 Resolution That Committee of the Whole rise as Council to report and confirm the actions taken in Committee of the Whole.
12. ADOPT ACTION OF COUNCIL IN COMMITTEE OF THE WHOLE
(Items requiring discussion and direction will require a separate motion)
Resolution That the actions taken in Committee of the Whole today be confirmed by this Council and the Minutes of the Committees be adopted;
And Further that staff be authorized to take the actions necessary to give effect to the recommendations contained within the staff reports;
And Further that by-laws under consideration be presented to Council for third reading.
13. THIRD READING OF BY-LAWS
Resolution That the following by-laws be taken as read a third time, signed by the Mayor and Clerk and sealed with the Corporate Seal:
• By-law Number 2021-26 being a By-law to appoint an alternate Deputy Clerk for the Township of Chatsworth (Barb Schellenberger);
• By-law Number 2021-27 being a By-law to establish a by-law to establish a site plan control area within the limits of the Corporation of the Township of Chatsworth; • By-law Number 2021-28 being a By-law to authorize the Mayor and CAO/Clerk to enter into a Site Plan Control Agreement between the Township of Chatsworth and Cedar Rail Family Campground Inc.
14. NOTICES OF MOTION
15. NOTICE PROVISION
16. TRACKING SHEET
17. OTHER BUSINESS
18. CLOSED MEETING - none
19. CONFIRMATORY BY-LAW
Resolution 5 That By-law 2021-29 being a by-law to confirm all actions and proceedings of the May 5, 2021 Council meeting be hereby read a first, second, and third time, signed by the Mayor and Clerk and sealed with the Corporate Seal.
20. ADJOURNMENT
6 TOWNSHIP OF CHATSWORTH
PLANNERS REPORT 2021‐Z03
To: Mayor Mackey and Members of Council From: Ron Davidson, Township Planner Re: Zoning By-law Amendment application Z03/2021 (Owner: David and Annie Bauman / Applicant: Eli Sherk) Public Meting Date: April 7, 2021
Recommendation: That Planners Report 2021-Z03 be hereby received; and Further that Committee of the Whole direct staff to prepare a Planning Report addendum containing a formal recommendation pertaining to the Zoning Bylaw Amendment Application for Lot 78, Part Lots 79 and 80, Concession 3 NETSR, Geographic Township of Holland, Township of Chatsworth, Owner: David and Annie Sherk)
Purpose of Application: The purpose of the Zoning By-law Amendment is to amend the current ‘A1’ zoning of the subject lands to permit a woodworking and upholstery shop as an accessory use in accordance with the on-farm diversified use policies of the County of Grey Official Plan. The proposed building would have a maximum size of 750 square metres.
The Subject Lands: The subject property is located in the southeasterly corner of the Township, and has frontages along Euphrasia-Holland Townline and East Back Line. The site comprises 28.33 hectares of land of which the majority is in agricultural production. Situated at the south end of the property are the existing house and accessory buildings which are accessed by a driveway from East Back Line.
The owner proposes to erect a new building for the purposes of manufacturing wooden furniture and conducting upholstery work. The building will include a partial second floor. As well, a small building referred to as a power room will be erected adjacent to the main building. The total floor area of the two buildings will be 465.4 square metres. Over time, the total floor may increase to 750 square metres. According to the application, the business would operate Monday to Friday, 7 a.m. to 7 p.m. and Saturdays 8 a.m. to 5 p.m. It would be closed on Sundays and statutory holidays.
The owners will be replacing the existing dwelling and barn with a new house and barn. This isn’t relevant to the application.
Adjacent Lands: Most of the lands within the immediate vicinity appear to be used for agricultural purposes. A non-farm residential lot with a house exists to the immediate south.
Official Plan: The subject lands are designated ‘Rural’ on Schedule A to the County of Grey Official Plan. Whereas agriculture is generally the intended principal use of land within this designation, other uses include “on-farm diversified uses” which are uses secondary to the principal agricultural use of the property and include home industries such as woodworking shops, manufacturing and fabrication, welding, etc. The intended use could be considered under this policy.
The Official Plan limits the size of on-farm diversified uses in terms of total area of land to be devoted to such a use and total floor area of the building(s). For a property 20 hectares in size, the total area of land to be used for an on-farm diversified use shall be the lesser of:
• 2% of the total size of the property; or • 8000 square metres.
In this particular case, the owner wishes to utilize 4800 square metres of land, which is well
1 | P a g e 7 under the maximum permitted.
With regard to floor area, the Official Plan states that the floor area of the building(s) cannot exceed 20% of the land devoted to the on-farm diversified use. In this instance, 20% of 4800 square metres is 960 square metres, although the owner is only requesting permission for 750 square metres of floor area.
The Official Plan states that on-farm diversified uses shall be limited to those uses that can be sustained by local service and infrastructure levels. A Traffic Impact Study may be required to determine the impact on the proposed operation on the local road network. In response to this policy, the applicant advises that the business would generate two to three trucks per day.
The Official Plan also states that the proposed use must not interfere with or generate off-site impacts and be compatible with the surrounding use. Township Planning staff will address this policy in the Planning Report addendum prepared following the Public Meeting.
As well, the timing and duration of activities must not hinder agricultural operations on the site or in the area. It’s not likely that the intended use would disrupt agricultural operations.
Furthermore, on-site parking must be accommodated without impacting the agricultural operation. The applicant has demonstrated that parking can be provided without significantly impact the farming operation.
On a different note, Schedule B of the Official Plan identifies approximately 75% of the property as ‘Aggregate Resource Area’. The policies state that new non-agricultural uses that require an amendment to the Zoning By-law which would prevent or hinder new extraction operations are not allowed. In this particular case, however, the owner will have a house and barn on the subject lands regardless of whether the Zoning By-law Amendment is approved, and therefore it’s unlikely that the proposed woodworking and upholstery business would be the hinderance to any future aggregate operations from establishing on the site or adjacent lands.
Provincial Policy Statement: The Provincial Policy Statement (PPS) would give consideration to the intended on-farm diversified land use on these rural lands.
The PPS also protects areas of known sand and gravel deposits. These policies have been implemented through the County’s Official Plan. As noted above, the subject lands have been identified as having a potential aggregate deposit; however, the intended use would not be the inhibiting factor to potential aggregate extraction activity occurring on the site.
Zoning By-law: The subject lands are zoned ‘A1’ (Rural). A small-scale “home industry” is permitted under the current zoning; however, it would be limited in size to 100 square metres of floor area. Given the size of the proposed business operation, an amendment to the Zoning By-law is necessary.
Discussion, Conclusion and Recommendation: An addendum to this Planning Report will be prepared for Council’s consideration following the public meeting, and will contain a formal recommendation.
I trust this information will be of assistance.
Respectfully submitted,
Ron Davidson, BES, RPP, MCIP
2 | P a g e 8
316837 Highway 6, RR 1 Chatsworth, Ontario N0H 1G0 Telephone 519-794-3232 - Fax 519-794-4499
REVISED NOTICE OF A COMPLETE APPLICATION AND NOTICE OF A VIRTUAL PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
TAKE NOTICE that the Corporation of the Township of Chatsworth is in receipt of a complete application for a Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 1990, as amended.
AND TAKE FURTHER NOTICE that Council of the Corporation of the Township of Chatsworth will hold a virtual Public Meeting on Wednesday, May 5, 2021 at 9:30 a.m. to consider the proposed Zoning By-law Amendment, as per the requirements of Section 34 of the Planning Act, R.S.O. 1990, as amended. Those wishing to attend or speak at the virtual meeting must register to obtain a password by 4:00 p.m. on May 4, 2021 with the Acting Deputy Clerk at [email protected] or 519-794-3232 ext.134. Those with a password can either listen or speak via telephone or internet.
How to join once you have the password: Join from a PC, Mac, iPad, iPhone, or Android device: Please click this URL to join: https://us02web.zoom.us/j/88443114623?pwd=MGI0Um5jWmxLbkFFQlNIb2dEak0vZz09 Or join by phone: One tap mobile +14388097799,,88443114623# +15873281099,,88443114623# Dial by location in Canada: +1 647 558 0588 Meeting ID: 884 4311 4623 If you are unable to participate in the virtual public meeting but still wish to make a written statement please send an e-mail to [email protected] no later than 4:00 p.m. on May 4, 2021. Comments received will be read at the public meeting.
The proposed By-law will affect the lands described as: Part Lot 29, Concession 6 EGR, Geographic Township of Holland, Township of Chatsworth (495376 Veterans Road) (please refer to the attached drawing, Township File #Z06/2021)
The purpose of the Zoning By-law Amendment is to fulfill a condition of a recently- approved severance by reducing the minimum lot area and frontage requirements of the ‘A1’ zone for the severed and retained parcels, and, to identify the development envelope on the severed parcel as per the recommendation of the Saugeen Valley Conservation Authority.
The lands subject to rezoning are designated ‘Rural’ on Schedule A to the County of Grey Official Plan. A map showing the location of the property is attached.
ANY individuals, corporations and public bodies may attend the Public Meeting and/or make written or verbal representation either in support of or in opposition to the proposed Zoning By-law Amendment. An individual, corporation or public body that does not make an oral submission at the public meeting or make a written submission to the Township of Chatsworth with regard to the Zoning By-law Amendment prior to the amendment being adopted is not entitled to appeal the Zoning By-law Amendment, nor is such person entitled to be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
ADDITIONAL information relating to the proposed Zoning By-law Amendment may be obtained by contacting the undersigned.
DATED at Chatsworth this Patty Sinnamon, Dipl.M.M. 23rd day of April, 2021. CAO / Clerk 9 TOWNSHIP OF CHATSWORTH
PLANNERS REPORT 2021‐Z06
To: Mayor Mackey and Members of Council From: Ron Davidson, Township Planner Re: Zoning By-law Amendment Application Z06/2021 (Randy Cook and Diane Gordon) Meeting Date: May 5, 2021
Recommendation: That Planners Report 2021- be hereby received; and Further that Committee of the Whole recommends to Council the approval of the Zoning Bylaw Amendment Application for Part Lot 29, Concession 6 EGR, Geographic Township of Holland, Township of Chatsworth, Owner: Randy Cook and Diane Gordon; and Further that staff be directed to prepare the necessary by-law to give effect to the application.
Purpose of Application:
The purpose of the Zoning By-law Amendment is to fulfill a condition of a recently-approved severance by reducing the minimum lot area and frontage requirements of the ‘A1’ zone for the severed and retained parcels, and, to identify the development envelope on the severed parcel as per the recommendation of the Saugeen Valley Conservation Authority.
The Committee of Adjustment recently approved a Consent application that resulted in the creation of a 2.63 hectare lot having a frontage of 107 metres, with a retained parcel comprising 3.42 hectares and 139 metres of frontage.
The Subject Lands:
The subject property is located along the west side of Veterans Road South.
The site comprises 6.05 hectares of land and contains a house, garage and shed. The remainder of the site is best described as scrub land, with trees scattered throughout.
Adjacent Lands:
This area of the Township is represented by a mix of agriculture, forested lands and smaller residential lots.
Official Plan:
The subject property is designated ‘Rural’ on Schedule A to the County of Grey Official Plan.
During the review of the Consent application recently, the lot creation proposal was deemed to conform to the ‘Rural’ consent policies of the Official Plan. In the same manner, the rezoning request to reduce the lot area and frontage requirements of the severed and retained parcels is also in conformity with the ‘Rural’ policies.
Appendix B of the Official Plan recognizes the forested areas of the property and abutting lands as ‘Significant Woodland’. The severed parcel also contains a small ‘Other Wetlands’ feature at the rear. Development or site alteration is not permitted within either of these two constraint areas or within the adjacent lands (120 metres for ‘Significant Woodlands’ and 30 metres for ‘Other Wetlands) unless it has been demonstrated that these features would not be
1 | P a g e 10 negatively impacted. On this note, the setbacks would appear to consume the entire severed parcel; however, the Saugeen Valley Conservation Authority may be willing to support development in the northeast corner of the severed parcel, in an area measuring 80 metres deep and 77 metres in width (frontage) without the need for an Environmental Impact Study as development and site alteration in that particular location would not likely negatively impact either of these two natural heritage features. In this regard, the proposed Zoning By-law Amendment will identify the building envelope. The remainder of the severed parcel will have a holding symbol attached to the zoning which would not allow development or site alteration unless an Environmental Impact Study is completed. The small wetland feature will be zoned ‘EP’ (Environmental Protection).
Based on the foregoing, the proposed rezoning appears to conform to the County of Grey Official Plan.
Provincial Policy Statement:
The Provincial Policy Statement (PPS) generally gives consideration to lot creation in the rural areas where the property is not considered to be prime agricultural land. The recent severance was deemed to be consistent with this policy.
Also, the PPS protects natural heritage features such as Significant Woodlands. As explained above, the SVCA is satisfied that the woodland feature on the site will be protected if the building envelope on the severed parcel is restricted to the identified area. The requested Zoning By-law Amendment will carry out this recommendation.
The proposed Zoning By-law Amendment, as drafted, will be consistent with the PPS.
Zoning By-law:
The subject lands are zoned ‘A1’ in the Township’s Zoning By-law. The ‘minimum lot area’ and ‘minimum lot frontage’ requirements of the ‘A1’ zone are 20 hectares and 180 metres respectively. Neither the severed nor retained parcels comply with these minimum standards and therefore this amendment is necessary.
As noted above, the building envelope will be identified on the Zoning By-law schedule. The remainder of the property will mostly remain zoned ‘A1’ but with a holding provision (i.e. h1) that would only permit development within this area if an Environmental Impact Study was completed to the satisfaction of the SVCA and the Township and demonstrated that the natural heritage features on the site and adjacent lands would not be negatively impact. The ‘h1’ symbol would then be removed by by-law. The small wetland feature on the property will be zoned ‘EP’.
Discussion, Conclusion and Recommendation:
The proposed Zoning By-law Amendment is intended to fulfil a condition of severance approval. It is apparent that the proposed By-law, as drafted, conforms to the County Official Plan and is consistent with the PPS. As such, Council is advised to adopt the By-law.
This opinion is provided without the benefit of having received comments from any other agency or any adjacent land owners. Should new information arise regarding this proposal, Council is advised to take such information into account when considering the applications.
I trust this information will be of assistance.
Respectfully submitted,
Ron Davidson, BES, RPP, MCIP
2 | P a g e 11 County comments for Z06.2021 Gordon & Cook
Hello Patty,
Please see comment(s) below for the County comments for Zoning application Z06.2021 Gordon & Cook - Diane Gordon & Randall Cook.
Please refer to comments received for related consent application B11.2020.
Please note, a paper copy will not be provided unless requested.
Let us know if you have any questions.
Best regards,
12 Grey W County Planning and Development 595 9th Avenue East, Owen Sound Ontario N4K 3E3 519-372-0219 / 1-800-567-GREY I Fax: 519-376-7970 December 22nd, 2020
Patty Sinnamon, CAO/Clerk Township of Chatsworth 316837 Highway 6 R.R. #1 Chatsworth, Ontario NOH 1G0 *Sent via E-mail
RE: Consent Application 811/2020 Part Lot 29, Concession 6 EGR (495376 Veterans Road) Township of Chatsworth Applicant/Owner: Randy Cooke and Diane Gordon
Dear Ms. Sinnamon,
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), Recolour Grey. We offer the following comments.
The purpose of the Consent application B11/2020 is to sever a 2.63-hectare vacant lot, and to retain a 3.42-hectare lot containing an existing detached dwelling.
Schedule A of Recolour Grey designates the subject property as 'Rural'. Section 5.4.3 of the OP states,
1) All consents for new lot development shall be no smaller than 0.8 hectares in area, and the maximum lot density shall not be exceeded as outlined in Table 9 below. The lot density is determined based on the original Township lot fabric (i.e. as determined by the original crown survey) and shall be pro-rated up or down based on the size or the original Township lot. Any proposed increase to this maximum lot density will require an amendment to this Plan, and will require justification as to the need for additional Rural lot creation.
The original township lot is approximately 82 hectares in size and would be permitted five (5) severances with a total six (6) lots. Currently, the original township lot has three (3) total lots. The proposed severance meets the above noted policy; therefore, County planning staff have no concern.
Grey County: Colour It Your Way 13 Page 2 December 22nd, 2020
Further, Section 5.2.2 states,
5) New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the Provincial MOS formulae. Municipal comprehensive zoning by-laws shall incorporate Provincial MOS formulae.
Municipal staff shall determine whether MOS I is required. County Planning staff have no further concerns
Appendix B indicates that the subject property contains 'Significant Woodlands'. Section 7.4 states,
1) No development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated through an environmental impact study, as per Section 7.11 of this Plan, that there will be no negative impacts on the natural features or their ecological functions. Adjacent lands are defined in Section 7 and 9.18 of this Plan.
Further, Appendix B indicates that the subject property contains 'Other Wetlands'. Section 7.3.2 states,
1) No development or site alterations are permitted within Other Wetlands or their adjacent lands, shown on Appendix B, or as identified by conservation authorities, unless it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions.
County planning staff recommend receiving comments from the Conservation Authority regarding the above noted natural heritage features. The EIS checklist completed by the applicant should be reviewed by the Conservation Authority. Should the applicant seek to injure or destruct trees on lands that extend more than 15 metres from the outer edge of which a Building Permit has been issued, staff recommend consulting the County's Forestry Management By-law - https://www.grey.ca/forests-trails. An exemption to the by-law includes the injuring or destruction of trees required in order to install and provide utilities to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued.
Provided that positive comments are received from the Conservation Authority, County planning staff have no further concerns regarding with the subject applications.
The County requests notice of any decision rendered with respect to these applications.
If you wish to discuss this matter further, please do not hesitate to contact me.
Grey County: Colour It Your Way 14 Page 3 December 22nd, 2020
Yours truly,
Hiba Hussain Planner (519) 372-0219 ext. 1233 [email protected] www.grey.ca
Grey County: Colour It Your Way 15
1078 Bruce Road 12, P.O. Box 150, Formosa ON Canada N0G 1W0 Tel 519-367-3040, Fax 519-367-3041, [email protected], www.svca.on.ca
SENT ELECTRONICALLY ([email protected]) only
April 26, 2021
Township of Chatsworth R.R.#1, Chatsworth, ON N0H 1G0
ATTENTION: Patty Sinnamon, CAO/Clerk
Dear Mrs. Sinnamon:
RE: Proposed Zoning By-Law Amendment Z06-2021 Part Lot 29, Concession 6 Roll Number: 420432600302925 Geographic Township of Holland Township of Chatsworth (Randall Cook)
The Saugeen Valley Conservation Authority (SVCA) has reviewed this proposed Zoning By-law amendment in accordance with the SVCA's mandate and policies, and the Memorandum of Agreement between the Authority and the Township of Chatsworth relating to Plan Review. Authority staff provided comments dated January 14, 2021, and November 17, 2014 regarding the related application for consent B11/2020 and B3/2014 on the subject property. Please refer to those letters for more details on the subject property. The SVCA has no objection to the granting of this proposed Zoning By-law amendment, as the amendment is in part to address Significant Natural Heritage.
Recommendation
SVCA staff find acceptable the proposed Zoning By-Law amendment provided: the EP zone is retained; and, wording and extent of the proposed A1-255-h1 zone requires the completion of an Environmental Impact Study outside of the indicated building envelope on the southern property. That shall indicates no negative impacts of proposed development on significant natural heritage features, such as adjacent lands to significant woodlands or wetlands to the satisfaction of the SVCA and Township. We elaborate in the following paragraphs
Site Characteristics
Watershed Member Municipalities Municipality of Arran-Elderslie, Municipality of Brockton, Township of Chatsworth, Municipality of Grey Highlands, Town of Hanover, Township of Howick, Municipality of Morris-Turnberry, Municipality of South Bruce, Township of Huron-Kinloss, Municipality of Kincardine, Town of Minto, Township of Wellington North, Town of Saugeen Shores, Township of Southgate, Municipality of West Grey 16 Township of Chatsworth Randall Cook Z06-2021 April 26, 2021 Page 2 of 5
The site consists of wetlands, is nearby woodlands, and has some flood-prone areas. There is an existing dwelling on the northern portion of the northern property.
Delegated Responsibility and Advisory Comments
SVCA staff has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020). We have also reviewed the application through our responsibilities as a service provider to the Township Chatsworth in that we provide expert advice and technical clearance on Planning Act applications with regards to natural hazards, natural heritage, and water resources as set out in the PPS 2020, County Official Plan and/or local official plans. Comments below only include features/technical requirements affecting the property.
Natural Hazards:
SVCA hazard mapping indicates that a wetlands, and a floodplain is present in areas of the property. It is SVCA staff’s opinion that portions of the property, are zoned Environmental Protection (EP) in the Township of Chatsworth Zoning By-Law, and designated as Hazard in the Grey County Official Plan. It appears all existing buildings and structures, and the proposed building envelope on the southern property, are outside the Hazard designation, and EP zone. SVCA staff is of the understanding amendments to the EP zone are not proposed.
Provincial Policy Statement – Section 3.1
Section 3.1 of the Provincial Policy Statement dictates that development shall be directed away from hazardous lands. The application generally appears to be consistent with Section 3.1 of the PPS with the recommended revision.
Grey County Official Plan Policies
Organic or unstable soils and poorly drained areas are considered Hazard Lands and detailed in Section 7.2 of the Grey County Official Plan. Section 7.2 dictates that new development should be directed away from Hazard Lands. The application generally appears to be consistent with Section 7.2 of the Grey County OP if the SVCA’s recommendation is included.
Advisory Comments
SVCA staff has reviewed the application through our responsibilities as a service provider to the County of Grey in that we provide expert advice and technical clearance with regards to natural heritage, as set out in the PPS, 2020, County Official Plan (OP) and/or local official plans (OP). Comments below only include features/technical requirements affecting the property.
17 Township of Chatsworth Randall Cook Z06-2021 April 26, 2021 Page 3 of 5
Natural Heritage:
In the opinion of SVCA staff, the subject property features Wetlands, and adjacent lands to Significant Woodlands. The recommended EP zone recognizes and encompasses the wetland feature on this property.
Wetlands
An unevaluated wetland is located on the southern property in part.
Provincial Policy Statement – Section 2.1
Section 2.2.1 of the PPS states that development and site alteration shall be restricted in surface water features, such as wetlands. The proposed building envelop are not within the feature, and are offset from the wetland by a proposed holding provision that would require the feature be addressed prior to its removal. The application is generally consistent with Section 2.1 of the PPS, and SVCA staff do not recommend an EIS to address this policy at this time (the holding will require such as needed into the future).
Grey County Official Plan Policy
7.3.2 Other Wetlands 1) No development or site alterations are permitted within Other Wetlands or their adjacent lands, shown on Appendix B, or as identified by conservation authorities, unless it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. The proposed zoning by-law amendment is partially within the wetland, and adjacent lands, but a holding provision is proposed within the adjacent lands to the wetland, and EP zone within the wetland so no impact is anticipated. The application is generally consistent with the Grey County OP, and SVCA staff do not recommend an EIS to address this policy (holding requires an EIS as needed in future).
Significant Woodlands
Significant Woodlands are identified as those which are greater than or equal to 40 hectares in size outside of settlement areas and can also be significant if there is overlap with Significant Valleylands, as per section 7.4 of the Grey County OP.
Provincial Policy Statement – Section 2.1
Section 2.1.5 (b) of the Provincial Policy Statement dictates that development and site alteration shall not be permitted within significant woodlands nor shall it be permitted on adjacent lands (Section 2.1.8) to significant woodlands unless it has been evaluated and demonstrated that there will be no negative impacts. The area proposed to be developed is not part of the significant woodlands. The
18 Township of Chatsworth Randall Cook Z06-2021 April 26, 2021 Page 4 of 5 application is generally consistent with Section 2.1 of the PPS.
Grey County Official Plan Policies
Section 7.4(1) of the Grey County OP states that no development or site alteration may be permitted on or within lands adjacent to significant woodlands unless it has been demonstrated through an environmental impact study that there will be no negative impact on the feature. The area proposed to be cleared is not part of the significant woodlands. The application is generally consistent with the Grey County OP.
Statutory Comments
SVCA staff has reviewed the proposal as per our responsibilities as a regulatory authority under Ontario Regulation 169/06 (SVCA’s Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation). This regulation, made under Section 28 of the Conservation Authorities Act, enables SVCA to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Subject to the CA Act, development taking place on or adjacent to these lands may require permission from SVCA to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. SVCA also regulates the alteration to or interference in any way with a watercourse or wetland.
A portion of the property is within the SVCA’s ‘Approximate Screening Area’ associated with Ontario Regulation 169/06. As such, development and/or site alteration within this area requires the permission from SVCA, prior to carrying out work.
“Development” as defined under the Conservation Authorities Act means: a) the construction, reconstruction, erection or placing of a building or structure of any kind; b) any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure; c) site grading; or, d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere.
And;
“Alteration” as per Section 5 of Ontario Regulation 169/06 generally includes the straightening, diverting or interference in any way with a rive, creek, stream or watercourse, or the changing or interfering in any way with a wetland.
19 Township of Chatsworth Randall Cook Z06-2021 April 26, 2021 Page 5 of 5
To determine the SVCA Approximate Regulated Area on the property, please refer to the SVCA’s online mapping program, available via the SVCA’s website at http://eprweb.svca.on.ca. Should you require assistance, please contact our office directly.
SVCA Permission for Development or Alteration
If development or alteration including construction, reconstruction, conversion, grading, filling or excavation, is proposed within the Approximate Screening Area on the parcel, the SVCA should be contacted, as permission may be required.
Summary
SVCA staff has reviewed this application in accordance with our responsibility as a service provider to the County of Grey and as per our mandated responsibilities for natural hazard management, including our regulatory role under the Conservation Authorities Act.
SVCA staff find this proposal acceptable provided the recommended EP zone is retained and holding provision included for the southern lot as proposed.
Given the above comments, it is the opinion of the SVCA staff that: 1) Consistency with Section 3.1, Natural Hazard policies of the PPS has been demonstrated. 2) Consistency with Section 2.1, Natural Heritage policies of the PPS has been demonstrated. 3) Consistency with local planning policies for natural hazards has been addressed, and consistency with natural heritage policies have been demonstrated.
Please inform this office of any decision with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed.
Sincerely,
Erik Downing Manager, Environmental Planning and Regulations Saugeen Conservation
ED/ cc: Carolyn Marx, Deputy Clerk, Township of Chatsworth (via email) Ron Davidson, Planner, Township of Chatsworth (via email) Randal Cook, R.R.#1, Veteran Rd. South, Holland Centre, ON, N0H 1H0
20 -----Original Message----- From: Building
Building has no objections to the proposed zoning amendment.
Karl Schipprack Chief Building Official Township of Chatsworth [email protected] (519)794-3232
> On Apr 8, 2021, at 6:10 PM, Heather Stirling
21 From: Chris Hachey
Your File: Z06-2021 Our File: Chatsworth Municipality
Ms. Vlielander-Marx,
The Historic Saugeen Métis (HSM) Lands, Resources and Consultation Department has reviewed the relevant documents and have no objection or opposition to the proposed Zoning By-law Amendment as presented.
Thank you for the opportunity to review this matter.
Regards,
Chris Hachey
Coordinator, Lands, Resources & Consultation Historic Saugeen Métis email: [email protected] phone: 519-483-4000 site: saugeenmetis.com address: 204 High Street Southampton, ON
This message is intended for the addressees only. It may contain confidential or privileged information. No rights to privilege have been waived. Any copying, retransmittal, taking of action in reliance on, or other use of the information in this communication by persons other than the intended recipients(s) is prohibited. If you have received this message in error, please reply to the sender by e-mail and delete or destroy all copies of this message.
22 From: Mike Givens
No concerns
Mike Givens, Fire Chief/CFPO/CEMC Township of Chatsworth Fire Department 519-794-3188 [email protected]
CONFIDENTIALITY NOTE: The information in this email is confidential and may be privileged. If you are not the intended recipient, please notify the sender you received it in error and delete it from your computer. Please consider the environment before printing this message.
From: Heather Stirling
Good afternoon, Please find attached Notice of a Public Meeting regarding a Proposed Zoning By- Law Amendment, along with supporting documents for comment for the above noted Zoning Applications. We would ask that comments be received no later than Wednesday, April 28, 2021 at 4:00 p.m. Take care,
Heather Stirling Administrative Assistant Building Township of Chatsworth 316837 Highway 6, RR 1, Chatsworth ON N0H 1G0 Phone 519-794-3232 Ext 128 l Fax 519-794-4499 l www.chatsworth.ca
23 From: ONTUGLLandsINQ
Thank you for your correspondence with regard to the proposed Severance. Enbridge Gas Inc, operating as Union Gas, does have service lines running within the area which may or may not be affected by the proposed severance.
Should the proposed severance impact these services, it may be necessary to terminate the gas service and relocate the line according to the new property boundaries. Any Service relocation required due to a severance would be at the cost of the property owner. Also, should future gas service be required to either the severed or retained parcel, a request for gas service needs to be submitted to the Attachment Centre at 1-866-772-1045.
Should you require any further information, please contact the undersigned.
Barbara M.J. Baranow Analyst Land Support Enbridge Gas Inc. 50 Keil Drive North, Chatham, ON N7M 5M1 Integrity. Safety. Respect.
From: Heather Stirling
EXTERNAL: PLEASE PROCEED WITH CAUTION. This e-mail has originated from outside of the organization. Do not respond, click on links or open attachments unless you recognize the sender or know the content is safe. Good afternoon, Please find attached Notice of a Public Meeting regarding a Proposed Zoning By- Law Amendment, along with supporting documents for comment for the above noted Zoning Applications. We would ask that comments be received no later than Wednesday, April 28, 2021 at 4:00 p.m. Take care,
Heather Stirling Administrative Assistant Building Township of Chatsworth 316837 Highway 6, RR 1, Chatsworth ON N0H 1G0 Phone 519-794-3232 Ext 128 l Fax 519-794-4499
24
316837 Highway 6, RR 1 Chatsworth, Ontario N0H 1G0 Telephone 519-794-3232 - Fax 519-794-4499
REVISED NOTICE OF A COMPLETE APPLICATION AND NOTICE OF A VIRTUAL PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
TAKE NOTICE that the Corporation of the Township of Chatsworth is in receipt of a complete application for a Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 1990, as amended.
AND TAKE FURTHER NOTICE that Council of the Corporation of the Township of Chatsworth will hold a virtual Public Meeting on Wednesday, May 5, 2021 at 9:30 a.m. to consider the proposed Zoning By-law Amendment, as per the requirements of Section 34 of the Planning Act, R.S.O. 1990, as amended. Those wishing to attend or speak at the virtual meeting must register to obtain a password by 4:00 p.m. on May 4, 2021 with the Acting Deputy Clerk at [email protected] or 519-794-3232 ext.134. Those with a password can either listen or speak via telephone or internet.
How to join once you have the password: Join from a PC, Mac, iPad, iPhone, or Android device: Please click this URL to join: https://us02web.zoom.us/j/88443114623?pwd=MGI0Um5jWmxLbkFFQlNIb2dEak0vZz09 Or join by phone: One tap mobile +14388097799,,88443114623# +15873281099,,88443114623# Dial by location in Canada: +1 647 558 0588 Meeting ID: 884 4311 4623 If you are unable to participate in the virtual public meeting but still wish to make a written statement please send an e-mail to [email protected] no later than 4:00 p.m. on May 4, 2021. Comments received will be read at the public meeting.
The proposed By-law will affect the lands described as: Part Lots 79 and 80, Concession 1 SWTSR, Address: 540316 Sideroad 80 Geographic Township of Holland, now Township of Chatsworth (please refer to the attached drawing, re: Township File #Z07/2021)
The purpose of the Zoning By-law Amendment is to change the zoning of a portion of the subject property from ‘M1-126’ to ‘A1 - Exception’ in order to acknowledge the existing residence and to permit a second residence within a portable. The balance of the site will remain zoned ‘W’ (Wetlands) and ‘EP’ (Environmental Protection).
A map showing the location of the property is attached.
The subject lands are designated Rural, Hazard Lands and Provincially Significant Wetland on Schedule A to the County of Grey Official Plan.
ANY individuals, corporations and public bodies may attend the Public Meeting and/or make written or verbal representation either in support of or in opposition to the proposed Zoning By-law Amendment. An individual, corporation or public body that does not make an oral submission at the public meeting or make a written submission to the Township of Chatsworth with regard to the Zoning By-law Amendment prior to the amendment being adopted is not entitled to appeal the Zoning By-law Amendment, nor is such person entitled to be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
ADDITIONAL information relating to the proposed Zoning By-law Amendment may be obtained by contacting the undersigned.
DATED at Chatsworth this Patty Sinnamon, Dipl.M.M. 23rd day of April, 2021. CAO / Clerk 25
TOWNSHIP OF CHATSWORTH
PLANNERS REPORT 2021‐Z07
To: Mayor Mackey and Members of Council From: Ron Davidson, Township Planner Re: Zoning By-law Amendment application Z07/2021 (Christine Ganz) Meeting Date: May 5, 2021
Recommendation: That Planners Report 2021- be hereby received; and Further that Committee of the Whole recommends to Council the approval of the Zoning Bylaw Amendment Application for Part Lots 79 and 80, Concession 1 SWTSR, Geographic Township of Holland, Township of Chatsworth, Owner: Christine Ganz; and Further that staff be directed to prepare the necessary by-law to give effect to the application.
Purpose of Application:
The purpose of the Zoning By-law Amendment is to change the zoning of a portion of the subject property from ‘M1-126’ to ‘A1 - special’ in order to acknowledge the existing residence and to permit a second residence within a portable. The portable already exists on the site. The balance of the site will remain zoned ‘W’ (Wetlands) and ‘EP’ (Environmental Protection).
The Subject Lands:
The subject property is located at the southeast corner of the Sideroad 80 / Highway 10 intersection. The site comprises 9.2 hectares of land, the majority of which is forested and recognized as a provincially significant wetland. A clearing of approximately 1.0 hectares exists in the northwest corner in which the dwelling, portable and shed exist. The dwelling is located within a building that was formerly used as a welding shop.
Adjacent Lands:
The adjacent lands are represented by a mix of agriculture and residential land uses. A forested provincially significant wetland is also a prominent feature in this area.
Official Plan:
This 9.2 hectare site is designated almost entirely ‘Provincially Significant Wetland’ on Schedule A to the County of Grey Official Plan. Some of the property is designated ‘Hazard Lands’ and approximately 1700 square metres are within the ‘Rural’ land use designated.
The existing residence and the portable appear to be situated within the ‘Hazard Lands’ designation. The corresponding ‘EP’ (Environmental Protection) zoning shown in the Township’s Zoning By-law does not reflect the exact boundaries of the ‘Hazard Lands’ designation in the Official Plan. The two buildings in question are located outside of the ‘EP’ zone. Through the circulation of this rezoning application, the Saugeen Valley Conservation Authority (SVCA) will determine which mapping is correct. Buildings and structures are not permitted in the ‘Hazard Lands’ designation and the ‘EP’ zone but would be allowed in the ‘Rural’ designation and the ‘A1’ zone.
Development and site alteration is prohibited within the ‘Provincially Significant Wetland’. Development and site alteration is also not allowed within 120 metres of this feature unless it can be demonstrated that the wetland would not be negatively impacted. Through the
1 | P a g e 26 circulation of this rezoning application, the SVCA will asked to provide a comment on this matter.
The ‘Rural’ policies allow for second units in the main house or in a non-agricultural accessory structure, provided the appropriate services are available and it is not located within ‘Hazard Lands’. Second units in accessory structures are required to be in the farm cluster. Provided the SVCA determines that the ‘Hazard Land’ boundary on Schedule A to the County Official Plan is incorrect and that the portable has been placed within the ‘Rural’ designated area, then the proposed rezoning would appear to meet this particular policy.
Given that the portable is not a permanent building, like a detached dwelling, the request for a second dwelling on the site should be treated in the same manner as a mobile home. In this regard, staff are recommending that the rezoning, if approved, be allowed through a Temporary Use Zoning By-law Amendment. The portable housing structure, according to the Planning Act and the County Official Plan, could be permitted for a period of up to 20 years.
Provincial Policy Statement:
The Provincial Policy Statement (PPS) would not interfere within the request to rezone the subject lands to ‘A1’ (Rural), since the lands are situated within the rural area of the County.
If the lands upon which the principal residence and the portable are actually within a hazard areas, however, then the proposal would not be consistent with the PPS in which case the portable would have to be removed or relocated elsewhere on the site.
The PPS also protects provincially significant wetland. A comment from the SVCA regarding the potential effect of this new building on the wetland is being sought.
The PPS also contains policies that are designed to ensure that people are protected from man-made hazards, such as contaminated soils and groundwater. In this regard, a Phase II Environmental Site Assessment was conducted several years ago following the closing of the welding shop operation on the property. The Assessment required remediation work on the soils, following which the follow-up investigations determined that the soils and groundwater were from of contaminants.
Zoning By-law:
The northwest corner of the site is zoned ‘M1-126’ (General Industrial Exception).
The remainder of the property is zoned ‘W’ (Wetlands) and ‘EP’. As noted above, it would appear that the buildings on the site are situated within the ‘M1-126’ zone, and this will be clarified through the SVCA’s comments.
The ‘M1-126’ zone is specific to the subject property, and permits only a welding shop. As such, the existing dwelling within the former welding shop building is not permitted under the current zoning, neither is the second dwelling within the portable.
Section 5.3 Accessory Dwelling Unit Within Detached Accessory Structure states the following:
Where specifically permitted by this By-law, an accessory dwelling unit shall be allowed in a detached accessory structure in the following instance: a) The lot shall have an area of at least 2.0 hectares; b) The accessory dwelling unit shall not be permitted if any other dwelling, other than the principal detached dwelling, exists on the subject property; c) The accessory dwelling unit shall be designed to be permanent, and is not a mobile home or any other type of dwelling that is designed to be portable; d) The accessory dwelling unit is located within 50 metres of the principle detached
2 | P a g e 27 dwelling and utilizes the same driveway entrance as the principle detached dwelling. e) The minimum gross floor area of the accessory dwelling unit shall be 55.7 square metres; and, f) The accessory dwelling unit is located in accordance with the yard setbacks applicable to a main dwelling in the applicable zone; g) The accessory dwelling unit does not result in the maximum lot coverage for accessory buildings being exceeded; h) The accessory dwelling unit complies with the Minimum Distance Separation requirements. i) A minimum of one extra parking space shall be provided in accordance with Section 5.11 in addition to the parking requirements associated with the principal detached dwelling.
The proposed second dwelling would conform to these provisions except for the requirement for the dwelling to be permanent and not portable. This will be reflected in the Zoning By-law Amendment.
Discussion, Conclusion and Recommendation:
Confirmation from the SVCA is necessary to confirm that the portable has not been placed on lands zoned ‘EP’. If these lands are not zoned ‘EP’, then rezoning this small area from ‘M1- 126’ to ‘A1’ should not be an issue.
The SVCA also needs to provide guidance with regard to the owner’s recent placement of the portable on the site, which was done without a Building Permit or a permit from the SVCA. Given that this area is well within the 120 metres “adjacent lands” of the Provincially Significant Wetland, the issue of impact needs to be considered.
If the SVCA is satisfied that this specific site is not with the hazard area and that the placement of the portable in this location would not negatively impact the wetland feature, then the proposed rezoning could be given favourable consideration.
Staff are recommending that the portable only be permitted under the Temporary Use Zoning By-law policies of the Planning Act and County Official Plan. Council will need to determine the appropriate length of time that the secondary dwelling should be allowed. Ten years with the ability to extend it for another three years would seem reasonable. The owner would also need to enter into an agreement with the Township to ensure that the portable is removed once the temporary by-law lapses.
This opinion is provided without the benefit of having received comments from any other agency or any adjacent land owners. Should new information arise regarding this proposal, Council is advised to take such information into account when considering the applications.
I trust this information will be of assistance.
Respectfully submitted,
Ron Davidson, BES, RPP, MCIP
3 | P a g e 28
Planning and Development 595 9th Avenue East, Owen Sound Ontario N4K 3E3 519-372-0219 / 1-800-567-GREY / Fax: 519-376-7970
April 26th, 2021
Patty Sinnamon, CAO/Clerk Township of Chatsworth 316837 Highway 6, RR 1 Chatsworth, ON N0H 1G0
RE: Zoning By-law Amendment Application Z07.2021 Part of Lots 79 and 80, Concession 1 SWTSR 540316 Sideroad 80 Township of Chatsworth (geographic Township of Holland) Owner: Christine Ganz
Dear Ms. Sinnamon,
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 of the proposed zoning by-law amendment application is to change the zoning on a portion of the subject property from ‘M1-126’ to A1 – Exception’ in order to acknowledge the existing residence and to permit a second residence within a portable. The balance of the site will remained zoned ‘W’ (Wetlands) and ‘EP’ (Environmental Protection).
Schedule A of the County OP designates the subject lands as ‘rural’, with a section being ‘hazard lands’ and a large portion being ‘Provincially Significant Wetlands’. Section 5.4.1 (1) states that all uses permitted un Section 5.2.1 of this Plan are permitted. Section 5.2.1 states,
4) Residential dwellings are generally permitted on existing lots of record, unless otherwise restricted by a zoning by-law amendment in the case of a surplus farmhouse severance. Where a new dwelling is permitted, Provincial Minimum distance separation formulae is applied to the new house. If there is no building area available which meets MDS I setbacks, then the house will be as far from the neighbouring livestock facility or manure storage facility as possible. In the case of lots created after March 1, 2017, MDS I shall be met to the proposed house.
Grey County: Colour It Your Way 29 Page 2 April 26th, 2021
5) A permanent second house on a farm property for full-time farm labour purposes is also permitted, where adequate reasoning is provided (i.e. where the size and nature of the operation requires additional employment), and where it cannot be achieved through seasonal temporary means. Seasonal housing units in the form of trailers, or bunkhouses are permitted for seasonal farm labour. Additional seasonal or permanent housing for farm labour purposes shall generally be located in the farm cluster.
6) Second units are permitted in the main house, or in a non-agricultural accessory structure, provided the appropriate servicing is available and it is not located within hazard lands. Second units in accessory structures are required to be in the farm cluster.
Schedule A also indicates that there are ‘Hazard Lands’ on the subject property. Section 7.2 states,
2) Permitted uses in the Hazard Lands land use type are forestry and uses connected with the conservation of water, soil, wildlife and other natural resources. Other uses also permitted are agriculture, passive public parks, public utilities and resource based recreational uses. The aforementioned uses will only be permitted where site conditions are suitable and where the relevant hazard impacts have been reviewed.
County Planning staff recommend receiving comments from the Conservation Authority regarding the Hazard Lands.
Schedule A of Recolour Grey indicates the subject property also contains ‘Provincially Significant Wetlands’ designation. Section 7.3.1 of the OP states,
1) No development or site alteration is permitted within the Provincially Significant Wetlands and Significant Coastal Wetlands land use type (shown on Schedule A), except where such activity is associated with forestry and uses connected with the conservation of water, soil, wildlife, and other natural resources but does not include buildings and will not negatively impact the integrity of the Wetland.
2) No development or site alteration may occur within the adjacent lands of the Provincially Significant Wetlands and Significant Coastal Wetlands land use type unless it has been demonstrated through an environmental impact study, as per Section 7.11 of this Plan, that there will be no negative impacts on the natural features or their ecological functions.
Development or site alteration within the adjacent lands of the Provincially Significant Wetlands and Significant Coastal Wetlands land use type will require a permit from the appropriate conservation authority.
Grey County: Colour It Your Way 30 Page 3 April 26th, 2021
County planning staff recommend receiving detailed comments from the Conservation Authority regarding the Provincially Significant Wetlands.
Appendix B indicates that the subject property contains ‘Significant Woodlands’. Section 7.4 of Recolour Grey states,
1) No development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated through an environmental impact study, as per Section 7.11 of this Plan, that there will be no negative impacts on the natural features or their ecological functions.
Appendix B also indicates that the subject property contains a stream. Section 7.9 states,
2) No development will be permitted within 30 metres of the banks of a stream, river, or lake unless an environmental impact study prepared in accordance with Section 7.11 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. Landowners are encouraged to forest the areas within 30 metres of any stream to maintain and improve fish habitat, ecological function of the stream, and to increase natural connections.
County planning staff recommend receiving comments from the Conservation Authority regarding the natural heritage features on the subject property.
Section 5.2.2(2)(h) states,
For lots created before March 1, 2017, MDS I shall be applied to new houses or non-agricultural uses on existing lots of record, unless it would otherwise render the lot undevelopable. If there is no building area available which meets MDS I setbacks, then the house or non-agricultural use shall be as far from the neighbouring livestock barn or manure storage facility as possible.
It shall be ensured that MDS I can be obtained for this proposal.
Section 8.3.1 1) states,
All proposed development located adjacent to a Provincial Highway or located within the MTO’s permit control area under the Public Transportation and Highway Improvement Act will be subject to MTO approval. Early consultation with MTO is encouraged to ensure the integration of planning initiatives with provincial transportation planning. Direct access to a Provincial Highway will be discouraged and often prohibited. MTO policy is to allow only one entrance for each existing lot of record. Development is encouraged to utilize local roads and
Grey County: Colour It Your Way 31 Page 4 April 26th, 2021
shared access wherever possible. New, altered, or expanded land uses, parcels, signs, and entrances adjacent to Provincial Highways will be subject to approvals or prohibitions as may be required by MTO.
County planning staff recommend receiving comments from the Ministry of Transportation regarding this proposal.
Provided positive comments are received from the Conservation Authority and the Ministry of Transportation and MDS can be obtained, County planning staff have no concerns with the proposed development.
The County requests notice of any decision rendered with respect to these files.
If you wish to discuss this matter further, please contact me.
Yours truly,
Sarah Johnson, MCIP, RPP Intermediate Planner/ Forestry-Trails Coordinator (519) 372-0219 ext. 1241 [email protected] www.grey.ca
Grey County: Colour It Your Way 32 From: Mike Givens
Structures will have to comply with the Ontario Fire Code fire & life safety regulations
Mike Givens, Fire Chief/CFPO/CEMC Township of Chatsworth Fire Department 519-794-3188 [email protected]
CONFIDENTIALITY NOTE: The information in this email is confidential and may be privileged. If you are not the intended recipient, please notify the sender you received it in error and delete it from your computer. Please consider the environment before printing this message.
From: Heather Stirling
Good afternoon, Please find attached Notice of a Public Meeting regarding a Proposed Zoning By- Law Amendment, along with supporting documents for comment for the above noted Zoning Applications. We would ask that comments be received no later than Wednesday, April 28, 2021 at 4:00 p.m. Take care,
Heather Stirling Administrative Assistant Building Township of Chatsworth 316837 Highway 6, RR 1, Chatsworth ON N0H 1G0 Phone 519-794-3232 Ext 128 l Fax 519-794-4499 l www.chatsworth.ca
33
From: Building
Building has no objections to the proposed zoning amendment. A building permit is required for change of use of the building and a septic review is required to confirm the existing septic will handle the additional daily flow from the second dwelling.
Karl Schipprack Chief Building Official Township of Chatsworth [email protected] (519)794-3232
> On Apr 8, 2021, at 5:27 PM, Heather Stirling
34 From: Ian Eriksen - GM BluePlan
Heather,
Based on our records, the property located at 540316 Sideroad 80 in Markdale is not within the catchment area of a Municipal Drain. As such, as the Drainage Superintendent for the Township of Chatsworth we have no concerns.
Do not hesitate to contact me if you should need any further information.
Regards,
Ian Eriksen, P.Eng. Project Engineer
GM BluePlan Engineering Limited 1260-2nd Avenue East | Owen Sound ON N4K 2J3 t: 519.376.1805 ext. 2336 | c: 519.372.4790 [email protected] | www.gmblueplan.ca
From: Heather Stirling
Good afternoon, Please find attached Notice of a Public Meeting regarding a Proposed Zoning By- Law Amendment, along with supporting documents for comment for the above noted Zoning Applications. We would ask that comments be received no later than Wednesday, April 28, 2021 at 4:00 p.m. Take care,
Heather Stirling Administrative Assistant Building Township of Chatsworth 316837 Highway 6, RR 1, Chatsworth ON N0H 1G0 Phone 519-794-3232 Ext 128 l Fax 519-794-4499 l www.chatsworth.ca
35 From: Chris Hachey
Your File: Z07-2021 Our File: Chatsworth Municipality
Ms. Vlielander-Marx,
The Historic Saugeen Métis (HSM) Lands, Resources and Consultation Department has reviewed the relevant documents and have no objection or opposition to the proposed Zoning By-law Amendment as presented.
Thank you for the opportunity to review this matter.
Regards,
Chris Hachey
Coordinator, Lands, Resources & Consultation Historic Saugeen Métis email: [email protected] phone: 519-483-4000 site: saugeenmetis.com address: 204 High Street Southampton, ON
This message is intended for the addressees only. It may contain confidential or privileged information. No rights to privilege have been waived. Any copying, retransmittal, taking of action in reliance on, or other use of the information in this communication by persons other than the intended recipients(s) is prohibited. If you have received this message in error, please reply to the sender by e-mail and delete or destroy all copies of this message.
36 April 19th, 2021
To: The Township of Chatsworth Patty Sinnamon, Dipl. M. M. CAO I Clerk
We, Robert & Tammy van Velden who reside at 540307 Sideroad 80, Lot part 79 Conn 1, are objecting to the Zoning Amendments to the property located at of 540316 Sideroad 80, Lot part 79, Concession 1, Markdale Ontario.
We have no objection with the zoning amendment for a residence for the 1st building, if it is zoned as a single family dwelling. We strongly object to the zoning amendment on the 2nd premises, the portable becoming a residence. Both buildings are currently being used as permanent residences, and have been for several years. We have had recurring issues in the past year with the property residence / tenant/s, living in the portable. Two involving the OPP. Tammy has also been in contact with bylaw officers and zoning personal at the Township of Chatsworth office by phone and email.
What Transpired In 2020
Since April, several issues have occurred with this property, starting with the volume of the bass coming from the neighbour' s stereo. After a couple days of the music vibrating our windows, our daughter went over asked the tenants if they could turn down the volume on the bass as she was studying for exams.
The tenant/s rides a dirt bike on the property that has a loud/broken exhaust system. They ride this bike anywhere from ½ hour with the longest being 3 hours, any/all days of the week. This bike is riden in the field area of the property directly across from our house and up & down Sideroad 80.
On May 18, 2020 there were 2 explosions sounds from the property. They were so loud that the windows shook on our house. When Tammy went over to the property after the first explosion, the tenant/s were standing around a burn barrel. This was the 1st incident involving the police were called and attended the property.
After this incident things escalated with the dirt bike being driven for longer period of times in the field. The tenants would purposely and repetitively drive by the front of our house and excessively start revving the bike at the edge of our property and proceed to do this until they were past our house, then they would proceed normally on their ride up the road. Upon their return they would repeat the same process in front of our house.
37 Other times as they drove their truck past our house, they have been seen giving us the middle finger.
th Sunday September 20 , 2020 in the morning they drove the dirt bike in the field for 3 hours. Then stopped for a while and started again in the afternoon for about an hour. Around 6pm the same evening, we heard an extremely loud explosion that shook the windows of our house. Tammy went outside to investigate and it had come from the neighbour's property. They were firing a mini cannon, towards a burn barrel. About 10 minutes later there was another explosion that Tammy witnessed and recorded. At this point Tammy saw Graham who is the property owner at 540323 Sideroad 80, which is directly beside our property and across from the property in question, Tammy went and talked to him. He also expressed that he was not happy about what has been taking place all summer and said it was freaking his wife, Ashley out and giving her anxiety and she was afraid to come outside. As Tammy was heading home, Robert came outside and we were on the road talking, Christl the property owner saw us and started to approach us. Tammy told her they could not be letting off cannon's. Her reply was that it's not bothering anyone, which we replied, yes it is. Tammy pointed out that there are elderly neighbours and that it was vibrating the windows of our house and freaking our dogs out and also the neighbours and which point she replied that it was her property and she could do whatever she wanted on it. We pointed out she could not and that there were bylaws that property owner/shad to abide by. She did go speak with the neighbour Graham. Not sure what transpired in the conversation, but afterwards he told us he didn't want to get involved since they had just, recently moved there. Tammy contacted the OPP after this incidence.
Up to this point we thought the excessive bike riding and explosions were happening when the property owners were not home. Until the September 20t\ 2020 incidents and we discovered that they were home and condoning the actions of their tenants.
OPP Interaction/ Correspondence
Tammy has applied for the OPP report regarding the police interactions under The Freedom of Information Act. At the time of this letter, we have not received the report. It can take 30 days or longer to receive. It may not arrive in time for the May 5, 2021 public meeting.
Township Interaction / Correspondence
May 19, 2020, Tammy called the township office and explained the situation to Heather Stirling, she put her through to the Bylaw Officer. Unfortunately Tammy did not get the ladies name. They spoke at great length about our rights and bylaws and what the process would be ifwe filed a written complaint. We also discussed the commercial zoning and that it was supposed to be a
38 business operating on the property. She expressed concerned and was surprised that people were actually living in the building. As for what the complete zoning was, she was unable to provide it to Tammy, as she was working from home due to government Covid-19 shut down and she did not have access to the records.
September 21st, 2020, Tammy called the township office and explained the situation to Heather Stirling, who put her through to bylaw. We spoke again at great length and Tammy explained what we had been dealing with all summer and what transpired on September 20t\ 2020. Tammy also had email communication with Carolyn Marx, Alicia Abel and Ron Davidson at the Township of Chatsworth office. We were able to find out part of the zoning from Ron Davidson but he was unable to tell me if it was zoned for residential living. My last email request to Carolyn Marx was unanswered.
Property Ownership
We have always been under the impression that Christl Ganz is the owner of the property. It has recently come to our attention that Christine Irmgard Ganz and Elfriede Emilie Ganz are the registered owners. We believe that Christ! Ganz and Christine Irmgard Ganz is the same person. We have referred to Christ! as property owner in this letter. If Christ! is not the property owner then any reference to property owner changes to Christine Irmgard Ganz and Elfriede Emilie Ganz as owners and Christ! Ganz as being a tenant of the property, residing in the 1st building.
Summary
In the past year we have lost the enjoyment and quietness of our home and property by the actions of the tenant/s and property owner. The property owner/s have allowed the tenant/s to do as they like and have condoned the actions and taken the stand that they can do whatever they want on their property, without considering their neighbours.
They have also shown that regulations do not apply to them, as they are just now applying for zoning changes to the property. The main building and the portable have been used as permanent residences for several years.
If you allow the portable to become permanent residence/s, issues and noise problems will likely escalate from tenant/s and we will further lose our rights to have the quiet and enjoyment of our property.
By having a 2nd residence on the property, there is no way to guarantee that property owner/swill have care and control of their tenant/s and insure that their neighbours will not lose any more enjoyment of their property.
39 During these trying times that we are in, it is crucial that we and the surrounding neighbours do not lose these rights.
Until we received the letter from The Township of Chatsworth dated April gt\ 2021 for a Zoning Amendment change, it was not confirmed that the property was being used as illegal residences. We suspected, but were unable to get the information provided to us. We also suspect that the portable may have been divided into 2 residences in the past. We are unsure if it is currently 1 or 2 residences.
If you do approve the zoning amendment, you are also saying to the property owner/s, that it is okay to do as they please legally or illegally on the property without the consideration or the rights of the surrounding property owner/s in the Township of Chatsworth.
We have owned our property since 1992 and have watched the property in question change ownership multiple times over the years. During this time some, of the previous owners have lived in the 1 bedroom apartment that is within the 1st building. We have never had any issues or problems with any previous owners of the property. The issues only arose when the current property owner/s put the portable on the property and had tenant/s move into it.
Enclosed please find any email correspondence with the Township, OPP, also The Freedom of Information form that has been sent to request the information in regards to the OPP interactions and photos showing the cannon that was being used.
Thank you for your time and consideration in this matter.
Robert & Tammy van Velden
40
316837 Highway 6, RR 1 Chatsworth, Ontario N0H 1G0 Telephone 519-794-3232 - Fax 519-794-4499
REVISED NOTICE OF A COMPLETE APPLICATION AND NOTICE OF A VIRTUAL PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
TAKE NOTICE that the Corporation of the Township of Chatsworth is in receipt of a complete application for a Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 1990, as amended.
AND TAKE FURTHER NOTICE that Council of the Corporation of the Township of Chatsworth will hold a virtual Public Meeting on Wednesday, May 5, 2021 at 9:30 a.m. to consider the proposed Zoning By-law Amendment, as per the requirements of Section 34 of the Planning Act, R.S.O. 1990, as amended. Those wishing to attend or speak at the virtual meeting must register to obtain a password by 4:00 p.m. on May 4, 2021 with the Acting Deputy Clerk at [email protected] or 519-794-3232 ext.134. Those with a password can either listen or speak via telephone or internet.
How to join once you have the password: Join from a PC, Mac, iPad, iPhone, or Android device: Please click this URL to join: https://us02web.zoom.us/j/88443114623?pwd=MGI0Um5jWmxLbkFFQlNIb2dEak0vZz09 Or join by phone: One tap mobile +14388097799,,88443114623# +15873281099,,88443114623# Dial by location in Canada: +1 647 558 0588 Meeting ID: 884 4311 4623 If you are unable to participate in the virtual public meeting but still wish to make a written statement please send an e-mail to [email protected] no later than 4:00 p.m. on May 4, 2021. Comments received will be read at the public meeting.
The proposed By-law will affect the lands described as:
Part Lot 16, Concession 1 NETSR, Address: 777305 Highway 10 Geographic Township of Holland , Township of Chatsworth (please refer to the attached drawing, Re: Township File Z08/2021)
To amend the ‘A1’ zoning of the subject lands to permit a second dwelling on a lot under 2.0 hectares in size.
The lands subject to rezoning are designated Rural and Hazard Lands on Schedule A to the County of Grey Official Plan.
A map showing the location of the property is attached.
ANY individuals, corporations and public bodies may attend the Public Meeting and/or make written or verbal representation either in support of or in opposition to the proposed Zoning By-law Amendment. An individual, corporation or public body that does not make an oral submission at the public meeting or make a written submission to the Township of Chatsworth with regard to the Zoning By-law Amendment prior to the amendment being adopted is not entitled to appeal the Zoning By-law Amendment, nor is such person entitled to be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
ADDITIONAL information relating to the proposed Zoning By-law Amendment may be obtained by contacting the undersigned.
DATED at Chatsworth this Patty Sinnamon, Dipl.M.M. 23rd day of April, 2021. CAO / Clerk 41
TOWNSHIP OF CHATSWORTH
PLANNERS REPORT 2021‐Z08
To: Mayor Mackey and Members of Council From: Ron Davidson, Township Planner Re: Zoning By-law Amendment Application Z08/2021 (Andrew and Paulette Brassard) Meeting Date: May 5, 2021
Recommendation: That Planners Report 2021- be hereby received; and Further that Committee of the Whole recommends to Council the approval of the Zoning Bylaw Amendment Application for Part Lot 16, Concession 1 NETSR, Geographic Township of Holland, Township of Chatsworth, Owner: Andrew and Paulette Brassard Further that staff be directed to prepare the necessary by-law to give effect to the application.
Purpose of Application:
The purpose of the Zoning By-law Amendment is to amend the ‘A1’ zoning of the subject lands to permit a second dwelling on the subject property despite not having a minimum lot area of 2.0 hectares. Second dwellings may be permitted within an accessory building subject to certain provisions including the requirement for the property to comprise at least 2.0 hectares of land.
The Subject Lands:
The subject property is located along Provincial Highway 10, approximately 2.5 kilometres northwest of Holland Centre and 600 kilometres north of Williams Lake.
The site comprises 1.6 hectares of land and is occupied by a detached dwelling and garage. The proposed second dwelling would be situated on the second floor of the garage. No expansion of the existing building is necessary. The front part of the property is forested.
Adjacent Lands:
This area of the Township is represented by a mix of residential dwellings, a large amount of forested land, limited agriculture and a public school.
Official Plan:
The subject property is designated predominantly ‘Rural’ on Schedule A to the County of Grey Official Plan, with some ‘Hazard Lands’ designation along its westerly boundary. The buildings are situated within the ‘Rural’ designation.
The ‘Rural’ policies allow for second units in the main house or in a non-agricultural accessory structure, provided the appropriate services are available and it is not located within ‘Hazard Lands’. Second units in accessory structures are required to be in the farm cluster. The garage and detached dwelling are situated in very close proximity to each other. The proposal would conform to the policies for second units.
The treed area along the front of the subject property, together with the forested lands to the west and north, form part of a ‘Significant Woodland’ on Appendix B to the County of Grey Official Plan. Development and site alteration is not permitted within a significant woodland or
1 | P a g e 42 within the 120 metre adjacent lands unless such development or site alteration would not negatively impact this feature. In this regard, no development or site alteration is proposed, as the second dwelling will be located on the 2nd floor of the existing garage. As such, the woodland feature should not be impacted.
Based on the foregoing, the proposed rezoning appears to conform to the County of Grey Official Plan.
Provincial Policy Statement:
Locating a second dwelling on the subject property would be consistent with the policies of the Provincial Policy Statement (PPS) pertaining to rural lands and housing.
The PPS protects natural heritage features such as Significant Woodlands; however, as explained above, the woodland feature on the site and adjacent lands would not be impacted since the proposed Zoning By-law Amendment will not result in any site disturbance.
The proposed Zoning By-law Amendment, as drafted, will be consistent with the PPS.
Zoning By-law:
The subject lands are zoned ‘A1’ and ‘EP’ in the Township’s Zoning By-law. A second dwelling is permitted in the ‘A1’ zone subject to the following provisions:
5.3 Accessory Dwelling Unit Within Detached Accessory Structure
Where specifically permitted by this By-law, an accessory dwelling unit shall be allowed in a detached accessory structure in the following instance: a) The lot shall have an area of at least 2.0 hectares; b) The accessory dwelling unit shall not be permitted if any other dwelling, other than the principal detached dwelling, exists on the subject property; c) The accessory dwelling unit shall be designed to be permanent, and is not a mobile home or any other type of dwelling that is designed to be portable; d) The accessory dwelling unit is located within 50 metres of the principle detached dwelling and utilizes the same driveway entrance as the principle detached dwelling. e) The minimum gross floor area of the accessory dwelling unit shall be 55.7 square metres; and, f) The accessory dwelling unit is located in accordance with the yard setbacks applicable to a main dwelling in the applicable zone; g) The accessory dwelling unit does not result in the maximum lot coverage for accessory buildings being exceeded; h) The accessory dwelling unit complies with the Minimum Distance Separation requirements. i) A minimum of one extra parking space shall be provided in accordance with Section 5.11 in addition to the parking requirements associated with the principal detached dwelling.
The proposed second dwelling would conform to these provisions except for the requirement for the property to comprise at least 2.0 hectares of land. For this reason, an application to amend the Zoning By-law has been filed.
2 | P a g e 43 Discussion, Conclusion and Recommendation:
The Province has been promoting second dwellings for the last several years and encourages municipalities to amend their Official Plans and Zoning By-laws to includes policies and provisions for this particular use. The Township of Chatsworth Zoning By-law was amended accordingly a few years ago and now includes provisions for allowing second dwellings.
The provisions require, among other things, the need for the host property to comprise a minimum of 2.0 hectares of land. The intent of this particular provision was to ensure that the property is large enough to accommodate two dwellings, a septic system, well and accessory buildings. This provision is similar to the zoning requirements of other municipalities in Grey County. Having said that, it could be argued that a lot smaller than 2.0 hectares would be large enough to accommodate this form of development; and, in this regard, it is appears that the subject property, having 1.6 hectares of land, is of sufficient size to accommodate a second dwelling. The proposal therefore has merit, and it also conforms to the County Official Plan and is consistent with the PPS. Therefore, Council is advised to adopt the By- law.
This opinion is provided without the benefit of having received comments from any other agency or any adjacent land owners. Should new information arise regarding this proposal, Council is advised to take such information into account when considering the applications.
I trust this information will be of assistance.
Respectfully submitted,
Ron Davidson, BES, RPP, MCIP
3 | P a g e 44 Grey County comments for Z08.2021 Brassard
Hello Ms. Sinnamon,
County planning staff have reviewed the subject zoning by-law amendment application and have no comments or concerns. Generally, County OP section 4.2.5 is supportive of second units provided development meets zoning provisions outlined by the local municipalities. In the countryside, secondary suites shall be within the farm cluster.
The County requests notice of decision with respect to the subject file.
Sincerely,
45
519.376.3076
237897 Inglis Falls Road Protect. Owen Sound, ON N4K 5N6 Respect. www.greysauble.on.ca Connect.
April 28, 2021 GSCA File: P21-193
Township of Chatsworth 316837 Highway 6, RR 1 Chatsworth, ON N0H 1G0
Attn: Carolyn Vlielander-Marx Deputy Clerk [email protected]
Dear Carolyn Vlielander-Marx
Re: Zoning By-law Amendment Z08/2021 Applicant: Andrew and Paulette Brassard Part of Lot 16, Concession 1 NETSR 777305 Highway 10; Roll No. 42-04-360-005-106-10 Township of Chatsworth, former Holland Township
Grey Sauble Conservation Authority (GSCA) has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 151/06. GSCA has also provided comments as per our Memorandum of Agreement (MOA) with the Township of Chatsworth representing their interests regarding natural heritage and water identified in Sections 2.1 and 2.2, respectively, of the Provincial Policy Statement. Finally, GSCA has provided advisory comments related to policy applicability and to assist with implementation of the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Plan under the Clean Water Act.
GSCA staff have reviewed the proposed zoning by-law amendment to amend the ‘A1’ zoning of the subject lands to permit a second dwelling on a lot under 2.0 hectares in size. We note, the secondary dwelling will be located as a second storey on the existing detached garage.
Documents Reviewed
• Planning Report, prepared by the Township of Chatsworth, received by GSCA staff April 8, 2021
Member Municipalities Municipality of Arran-Elderslie, Town of the Blue Mountains, Township of Chatsworth, Township of Georgian Bluffs, Municipality of Grey Highlands, Municipality of Meaford, City of Owen Sound, Town of South Bruce Peninsula 46 Site Characteristics
Existing mapping indicates that the subject property is: • Partially regulated under Ontario Regulation 151/06. • Designated Rural and Hazard Lands in the County of Grey Official Plan; • Zoned A1 – Rural and EP – Environmental Protection in the Township of Chatsworth Comprehensive Zoning By-law; • Located within an area that is not subject to the policies contained in the Source Protection Plan; • The subject property features a single-family dwelling on private services with an accessory structure and manicured lawn. A low-lying woodland exists adjacent to the west of the property.
Delegated Responsibility and Statutory Comments
1. GSCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement.
Natural hazards identified include the flood and erosion potential of Martin’s Creek, which is adjacent to the property.
3.1.1 Development shall generally be directed in accordance with guidance developed by the Province (as amended from time to time), to areas outside of:
b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards.
GSCA Comment: The hazard areas are contained within the ‘EP – Environmental Protection’ zone. The proposed amendment is only within the area zoned ‘A1’. As such, the proposed development is directed away from the natural hazards and the proposal is considered consistent with the Section 3.1 PPS policies.
2. GSCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 151/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. GSCA also regulates the alteration to or interference in any way with a watercourse or wetland.
A portion of the subject property is regulated under Ontario Regulation 151/06: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses administered by the GSCA. The regulated areas are associated with Walter’s Creek and related flood prone areas with a 15 metre regulated allowance. A permit is required from GSCA for any development and/or site alteration within the regulated area. A regulation map is enclosed with this letter. We note, the detached garage is located outside of the regulated area. As such a permit is not required from our office for this proposal.
2 47 Advisory Comments
3. GSCA has reviewed the application through our responsibilities as a service provider to the Township of Chatsworth in that we provide comment on natural heritage features under Section 2.1 of the Provincial Policy Statement and on water under Section 2.2 of the Provincial Policy Statement through a MOA.
2.1 Natural Heritage
2.1.1 Natural features and areas shall be protected for the long term.
GSCA Comment: Natural heritage features identified include significant woodland as mapped in the County of Grey Official Plan and fish habitat associated with Martin’s Creek.
2.1.5 Development and site alteration shall not be permitted in:
b) significant woodlands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River)1;
unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions.
GSCA Comment: There appears to be ample space to locate development outside of the significant woodland feature and within the manicured area.
2.1.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements.
GSCA Comment: No development is proposed within fish habitat at this time.
2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and area identified in policies 2.1.4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions.
GSCA Comment: The property falls within the 120 metre adjacent lands to the natural heritage features. However, with the secondary dwelling proposed as a second storey to the detached garage no impacts are anticipated. As such, the application appears to be consistent with the Section 2.1 polices.
2.2 Water
GSCA Comment: No negative impacts are anticipated regarding the Section 2.2 polices.
4. GSCA has reviewed the application in terms of the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Plan, prepared under the Clean Water Act, 2006. The Source Protection Plan came into effect on July 1st, 2016 and contains policies to protect sources of municipal drinking water from existing and future land use activities.
3 48 The subject property is not located within an area that is subject to the local Source Protection Plan.
Summary
Given the above comments, it is the opinion of the GSCA that:
1. The proposal is consistent with the Section 3.1 PPS policies. 2. Ontario Regulation 151/06 does apply to the subject site. 3. The proposal is consistent with the Section 2.1 & 2.2 PPS policies 4. The subject site is not located within an area that is subject to the policies contained in the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Plan.
Recommendation GSCA has no objections to the proposed zoning by-law amendment as it applies to the area zoned ‘A1’ and maintains the existing ‘EP’ zone.
Please inform this office of any decision made by the Township of Chatsworth with regard to the subject application. We respectfully request to receive a copy of the decision and notice of any appeals filed.
Should you have any questions, please contact the undersigned.
Sincerely,
Manager of Environmental Planning
Encl. Ontario Regulation 151/06 Map c.c. Scot Mackey, GSCA Director, Township of Chatsworth Patty Sinnamon, CAO/Clerk, Township of Chatsworth Planning & Building Departments, Township of Chatsworth Planning Department, Grey County
4 49 GSCA: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 151/06)
N
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B)' >« ProJUC From: Mike Givens Structures will have to comply with the Ontario Fire Code fire & life safety regulations Mike Givens, Fire Chief/CFPO/CEMC Township of Chatsworth Fire Department 519-794-3188 [email protected] CONFIDENTIALITY NOTE: The information in this email is confidential and may be privileged. If you are not the intended recipient, please notify the sender you received it in error and delete it from your computer. Please consider the environment before printing this message. From: Heather Stirling Good afternoon, Please find attached Notice of a Public Meeting regarding a Proposed Zoning By- Law Amendment, along with supporting documents for comment for the above noted Zoning Applications. We would ask that comments be received no later than Wednesday, April 28, 2021 at 4:00 p.m. Take care, Heather Stirling Administrative Assistant Building Township of Chatsworth 316837 Highway 6, RR 1, Chatsworth ON N0H 1G0 Phone 519-794-3232 Ext 128 l Fax 519-794-4499 l www.chatsworth.ca 51 -----Original Message----- From: Building Building has no objections to the proposed zoning amendment. A building permit is required for change of use of the building and a septic review is required to confirm the existing septic will handle the additional daily flow from the second dwelling. Karl Schipprack Chief Building Official Township of Chatsworth [email protected] (519)794-3232 > On Apr 8, 2021, at 6:44 PM, Heather Stirling 52 From: Chris Hachey Your File: Z08-2021 Our File: Chatsworth Municipality Ms. Vlielander-Marx, The Historic Saugeen Métis (HSM) Lands, Resources and Consultation Department has reviewed the relevant documents and have no objection or opposition to the proposed Zoning By-law Amendment as presented. Thank you for the opportunity to review this matter. Regards, Chris Hachey Coordinator, Lands, Resources & Consultation Historic Saugeen Métis email: [email protected] phone: 519-483-4000 site: saugeenmetis.com address: 204 High Street Southampton, ON This message is intended for the addressees only. It may contain confidential or privileged information. No rights to privilege have been waived. Any copying, retransmittal, taking of action in reliance on, or other use of the information in this communication by persons other than the intended recipients(s) is prohibited. If you have received this message in error, please reply to the sender by e-mail and delete or destroy all copies of this message. 53 THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH BY-LAW NUMBER 2021- 26 Being a By-law to appoint an alternate Deputy Clerk for the Township of Chatsworth (Barb Schellenberger) WHEREAS Section 228 (2) of the Municipal Act, 2001, provides that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act; AND WHEREAS the Council of the Township of Chatsworth deems it advisable to do so; NOW THEREFORE be it resolved that the Council of the Corporation of the Township of Chatsworth enacts as follows: 1. That Barbara Schellenberger is hereby named and appointed as a Deputy Clerk for the Corporation of the Township of Chatsworth effective April 12, 2021 and shall have all the powers and duties of the Clerk set forth in the Municipal Act, 2001, and any other Act. This By-law shall come into force and effect on the 12th day of April, 2021. READ a first and second time this 5th day of May, 2021 READ a third time and finally passed this 5th day of May, 2021 Scott Mackey, Mayor Patty Sinnamon, CAO Clerk 54 THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH BY-LAW NUMBER 2021-27 BEING a By-law to establish a by-law to establish a site plan control area within the limits of the Corporation of the Township of Chatsworth WHEREAS, the Corporation of the Township of Chatsworth through the County of Grey Official Plan has in effect an Official Plan containing approved policies relating to the establishment of a Site Plan Control Area; AND WHEREAS, the Council of the Corporation of the Township of Chatsworth is empowered pursuant to Section 41 of The Planning Act R.S.O. 1990, Chapter P.13, as amended, to designate the whole or any part of an area defined in an Official Plan as a Site Plan Control Area; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH HEREBY ENACTS AS FOLLOWS: 1. Those lands described as Part Lots 26 and 27, Concession 13 Geographic Township of Sullivan, now the Township of Chatsworth, County of Grey, shown more particularly on Schedule "A-1" attached hereto are hereby designated as a Site Plan Control Area as defined in Section 41 of The Planning Act R.S.O. 1990, Chapter P.13, as amended. 2. Schedule "A-1" attached hereto and all notations thereon is hereby declared to form part of this By-law. 3. This By-law shall come into force and take effect subject to Section 41 of The Planning Act R.S.O. 1990, Chapter P.13, as amended. Read a first and second time this 5th day of May, 2021 Read a third time and finally passed this 5th day of May, 2021 _ Scott Mackey, Mayor _ Patty Sinnamon, CAO Clerk 55 SCHEDULE "A" BY-LAW No. 2021-27 Paisley Drive ± Subject Lands BRUCE COUNTY Scone KEY MAP 1:50,000 M2-15 A1 A1 ± A1 T-16 T-16 A1 R1 EP R2 R2 A1 A2 1:8,000 LEGEND Subject Lands T Tent and Trailer Campground A1 Rural R2 Urban Resiential A2 Restricted Rural EP Environmental Protection GREY COUNTY: 2019-08_CedarRail.MXD56 THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH BY-LAW NUMBER 2021-28 Being a By-law to authorize the Mayor and CAO/Clerk to enter into a Site Plan Control Agreement between the Township of Chatsworth and Cedar Rail Family Campground Inc. Whereas the Council of the Township of Chatsworth deems it necessary and in the public interest to enter into a Site Plan Control Agreement with Cedar Rail Family Campground Inc. being the owner of lands described as Part Lots 26 and 27, Concession 13, Geographic Township of Sullivan, Township of Chatsworth, County of Grey. And whereas the Council of the Township of Chatsworth passed By-law Number 2021- 27 being a by-law to establish a Site Plan Control Area pursuant to Section 41 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, on the aforementioned subject property; Now Therefore the Council of the Township of Chatsworth enacts as follows: 1. That the Mayor and CAO/Clerk of the Township of Chatsworth are hereby authorized to sign a Site Plan Agreement with Cedar Rail Family Campground Inc., a copy of which is attached hereto as Schedule “A”, and is hereby declared to form part of this by-law. 2. THAT this by-law shall come into force and take effect on the date of its final passing. Read a first and second time this 5th day of May, 2021. Read a third time and finally passed this 5th day of May, 2021. Scott Mackey, Mayor Patty Sinnamon, CAO Clerk 57 58 Schedule “A” to By-law Number 2021-28 Site Plan Control Agreement This Agreement made this day of May, 2021. Between Cedar Rail Family Campground Inc. (hereinafter called “the Owner) And The Corporation of the Township of Chatsworth (hereinafter called “the Township”) WHEREAS the Owner represents that it is the registered owner of the lands described in Schedule A attached hereto (hereinafter referred to as the lands); AND WHEREAS Section 41 of the Planning Act, R.S.O. 1990, as amended authorizes municipalities to designate areas of Site Plan Control and to subsequently enter into agreements with respect to the conditions of development or redevelopment of lands in areas of Site Plan Control; AND WHEREAS by virtue of By-law Number 2021-27 of the Township of Chatsworth, the lands (described in Schedule A attached hereto) are subject to Site Plan Control and authorizes the Township to enter into this Agreement as a condition of development or redevelopment; AND WHEREAS these plans can be reviewed at the Office of the Clerk of the Township of Chatsworth, 316837 Highway 6, Chatsworth. Now Therefore, this agreement witnesseth that in consideration of the sum of TWO DOLLARS ($2.00) of lawful money of Canada and other valuable consideration now paid by the Township to the Owner (the receipt of which is hereby acknowledged), the Owner hereby covenants and agrees with the Municipality as follows: 1. Definitions a) The term “works” where it appears in this Agreement refers to any manner or thing required to be provided, constructed or maintained by the owner pursuant to this Agreement. b) Reference to “Site Plans”, “Site Plan Agreement” or any derivative of these terms contemplates reference to Section 41 of the Planning Act, R.S.O. 1990, and amendments thereto and furthermore contemplates all those enumerated matters over which site development control relates. 2. The Owner agrees that the Plans shall be in such detail and shall provide for any or all of the following, as determined by the Township: a) all yards and off-street parking spaces in accordance with the Township’s by- laws; b) off-street vehicular parking facilities, either covered or uncovered, access driveways, and the surfacing of such area and driveways; c) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection or buffering of adjoining lands; 59 3. To construct all buildings, structures, facilities and works in accordance with the Plans and all applicable laws, including without limitation, the exterior building design, site elevation, landscape-buffering and layout plans as approved in writing, by the Township, subject only to such changes as are approved in writing by the Township, set out in Schedules attached hereto, or if not attached hereto but referred to in this Agreement, form part of this Agreement and are binding on the Owner. The Township reserves the right to waive or rescind any term or condition contained in this Agreement, provided that such condition is waived or rescinded by Resolution of Council. The Schedules include: a) Legal description of the subject property; b) Site Plan referred to as: Site Plan prepared by Loft Planning and dated February 12, 2021 4. Site Plan Works and Requirements a) The Owner agrees that no development or site alteration will occur other than that shown on the Site Plan referred to in 2 above and as illustrated on the Site Plan Drawing; b) The Owner agrees that no development will occur until the necessary permits have been issued by the Township; 5. Amendments The Owner agrees that no development, redevelopment or works shall be undertaken other than in conformity with this Agreement. Any change in operations or requirements, or any development, redevelopment or works not expressly provided for under this Agreement shall require amendment to this Agreement and/or a new Agreement between the Owner and the Township. The Township may, upon application by the Owner, summarily grant minor modifications to the requirements of this Agreement provided that they are made in writing by the Township. The determination of what constitutes a minor modification is in the exclusive discretion of the Township. 6. Expenses Upon application to the Municipality for the preparation of this Agreement, the Owner shall deposit with the Municipality the sum of Two Thousand Five Hundred Dollars ($2,500.00). The Owner agrees to pay the Township the cost of the Township’s Planner, Lawyer and Engineer for all costs involved in the processing of the Site Plan Control Agreement, for checking of Plans and specifications, and for supervision and inspection on behalf of the Township. As accounts are received from the Township’s Planner, Lawyer and Engineer, they will be paid by the Township and then submitted to the Owner for reimbursement, so that the initial deposit will again be built up to enable the Municipality to pay the next accounts as they are received. It is acknowledged that the $2,500.00 has been paid to the Township. 7. Agreement to be Complied With It is understood and agreed that the issuance of a building permit by the Township, and any other works undertaken by the Owner, shall be contingent upon compliance with this Agreement in addition to all other relevant Township by-laws, and Provincial or Federal statutes and regulations. It is further understood and agreed that all development or works shall be restricted to those uses permitted under the Township’s Zoning By-law. 8. Accuracy of Plans and Other Matters All plans and diagrams attached to this Agreement as a Schedule or referred to in this Agreement, the Owner warrants are accurate as to all dimensions and other 60 matters shown thereon. In the event that any material misrepresentation, whether accidental or otherwise is found to exist and which on reasonable grounds has prejudiced or compromised the Township’s position, then the Owner shall be required, at its expense, to resolve all matters. Failing this, the Township may rectify the situation at the Owner’s expense. For the above reasons, the Owner acknowledges the importance of having reliable and accurate plans and that the Township is relying upon them and is entering into this Agreement on that basis. 9. Registration on Title This Agreement shall be registered against the title to the Lands at the Owner’s expense. It is understood and agreed that, after this Agreement has been registered, it shall not be released by the Township. After all terms and conditions of this Agreement have been complied with to the satisfaction of the Township, the Township upon request and at the Owner’s expense, shall issue a Certificate of Compliance certifying compliance with this Agreement to the date of the Certificate. 10. Entry onto Lands The Owner hereby grants to the Township, its servants, agents and contractors, a license to enter onto the Lands and into structures for the purpose of inspecting the works and the Lands or for any other purpose pursuant to the rights of the Township under this Agreement. 11. Mortgagees, Charges or Liens The Owner shall obtain from all mortgagees, charges and other persons having an interest in the Lands, a postponement of their respective interests to this Agreement in a form satisfactory to the Township and said postponement(s) shall be registered against title to the Lands at the expense of the Owner so that this Agreement shall have priority over all other interests registered against the Lands. The Owner acknowledges and agrees that the site plan approval in respect of the Lands shall be conditional upon obtaining any postponement documents and registering them against title to the Lands. 12. Notice Any notice required or permitted to be given pursuant to the provisions of this Agreement may be given personally or shall be mailed to each party at the address hereinafter set out. If mailed, by ordinary prepaid first-class post, it shall be deemed to have been received on the fourth day after it is postmarked. To the Owner at: Cedar Rail Family Campground Inc. 15259 Grey-Bruce Line Chesley, ON N0G 1L0 To the Municipality at: CAO/Clerk Township of Chatsworth 316837 Highway No. 6 RR 1 Chatsworth, ON N0H 1G0 13. Enforceability of Agreement It is understood and agreed that the Owner shall not call into question, directly or indirectly, in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the Township to enter into this Agreement and to enforce each and every term, covenant and condition herein contained, and this Agreement may be pleaded as an estoppel against the Owner by the Township in any such proceeding. 14. Gender This Agreement shall be read with all changes in gender or number required by the context. 61 15. Enurement This Agreement shall enure to the benefit of the parties hereto and their successors and assigns. In witness whereof the corporate parties have executed this Agreement by affixing thereto their corporate seals, as attested by the hand of their proper signing officers duly authorized in that behalf. And in witness whereof the natural parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND ) THE CORPORATION OF THE TOWNSHIP OF ) CHATSWORTH ) ) ) Per: In the presence of: ) Scott Mackey, Mayor ) ) ) Per: ) Patty Sinnamon, CAO/Clerk ) ) ) CEDAR RAIL FAMILY CAMPGROUND INC. ) ) Per: 62 Schedule “A” to Site Plan Agreement – Cedar Rail Family Campground Inc. Legal Description of the Subject Property Part Lots 26 and 27, Concession 13, Geographic Township of Sullivan, Township of Chatsworth, County of Grey. P.I.N. 371960146 Civic Address 15259 Grey-Bruce Line, Chesley, ON., N0G 1L0 63 Schedule “B” to Site Plan Agreement – Cedar Rail Family Campground Inc. Site Plan Site Plans identified as: Site Plan prepared by Loft Planning dated February 12, 2021 This Site Plan is available for inspection at the Clerk’s office during regular office hours. 64 T Zone Provisions Required Provided S.21.3 Minimum Lot Area 12.5ha 55ha Maximum Lot Area 80ha 55ha Minimum Lot Frontage 180m 219m 10% 45% Minimum Landscaped Open Space 30m Side Yard Setback Minimum Trailer and Tent Site Area 223m² 223m² Minimum Trailer and Tent Site Area Frontage 15m 15m 8.6 units/ha (Based on Maximum Density 10/ha 35ha being zoned) Minimum Yard Setbacks for Hillside Windy Rocky Campground Area Minimum Front Yard 60m 365m 410 412 411 413 414 415 416 417 Hill Minimum Side Yard 30m 30m Road Drive Minimum Rear Yard 20m 20m S.21.3 Dwelling Minimum Floor Area Northern Lights Lane Country Road 2 or 2.5 storey 130m² 130m² 422 421 420 423 424 425 426 Maximum Building Height 2.5 stories 2 stories 427 20m S.21.4 Retail Store Maximum Gross Floor Area 186m² 186m² Rear Maximum Building Height 1 storey 1 storey Yard S.21.5 Accessory Uses Sunset Lane 430 432 431 Maximum of 20% 20% 20% 433 434 435 Setback Visitor 436 Parking S.21.6 Provincial Road Parking Setback County Road - 23mC/L MET S.21.7 Additional Setbacks Sunset Lane S5.13 MDS I MET Sunset Lane S5.14 MDS II MET S5.19 County Road - 23mC/L MET Watercourse Setback - 30m MET S5.22 Greenhouse Setback Not Applicable S5.24 Wetland Setback Not Applicable Meadow Lane Forest Avenue S.21.8 Parking 1 space per residential dwelling 1 space per residential dwelling 1 space provided 1.2 per other residential 1 space per site plus 1.2 per other residential (Trailer, Tent) (Trailer, Tent) visitor parking Split Rail Lane To Grey Bruce Line Playground Dog Park Site Plan Legend Cedar Rail Family Campground Proposed New Lanes/Roads 152589 Grey Bruce Line Proposed New Trailer Sites Chatsworth, Ontario Environmental Protection (EP) Zone 0 25 50 75 100 Metres