TOWN OF WHITCHURCH - STOUFFVILLE COMMITTEE OF ADJUSTMENT AGENDA Wednesday December 11, 2019 2:00 PM
Council Chambers 111 SANDIFORD DRIVE
Please ensure cell phones are turned off or set to be silent.
Chair: Joanne Burnett Page
1. CALL TO ORDER
2. INTRODUCTION OF ADDENDUM ITEMS
3. CONFIRMATION OF AGENDA
4. DECLARATIONS
5. ADOPTION OF MINUTES
2 - 7 1. November 13, 2019 Minutes
6. CONSIDERATION OF ITEMS
8 - 28 1. Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy Rd., Whitchurch-Stouffville Application File CA-19-30
7. CORRESPONDENCE
8. OTHER BUSINESS
9. MOTION TO ADJOURN
TOWN OF WHITCHURCH-STOUFFVILLE COMMITTEE OF ADJUSTMENT MINUTES Wednesday, November 13, 2019 2:00 p.m.
Council Chambers 111 Sandiford Drive, Stouffville
Chair: Joanne Burnett
The meeting of the Committee of Adjustment was held on the above date and time.
Members Present: Carin Bacher, Joanne Burnett, Dean Horner, Lori Doner Jones, Ken Wilson.
Members Absent:
Staff Present: Casandra Bagin, Kitty Bavington, Kathryn Jones, Hena Kabir and Kristina Soolepp
1. CALL TO ORDER
2. APPOINTMENT
The Chair asked for nominations for a Secretary-Treasurer to the Committee for this meeting.
Moved by Ken Wilson Seconded by Lori Doner Jones
That Kitty Bavington be appointed Secretary-Treasurer to the Committee.
Carried
3. INTRODUCTION OF ADDENDUM ITEMS
1 Memorandum from Committee Coordinator, re: Minutes of September 11, 2019 Meeting
2 Item 1 - Memorandum from Committee Coordinator. re: Staff Report for CA-19-28
November 13, 2019 Minutes Page 2 of 28 Committee of Adjustment Minutes November 13, 2019
4. CONFIRMATION OF AGENDA
Moved by Carin Bacher Seconded by Dean Horner
That the Committee of Adjustment confirm the agenda, as amended; and
That a new category named “Other Business” be added following “Correspondence” on all future agendas.
Carried
5. DECLARATIONS
None
6. ADOPTION OF MINUTES
1. Minutes of September 11, 2019
Moved by Carin Bacher Seconded by Dean Horner
That the Committee of Adjustment adopt the minutes from the meeting on September 11, 2019, as amended to correct the comments on page 2 of 8, with the following:
The agent advised the house is not 7,500 square feet and the proposed garage is not in the flood zone.
Carried
2. Minutes of October 16, 2019
Moved by Carin Bacher Seconded by Ken Wilson
That the Committee of Adjustment adopt the minutes from the meeting on October 16, 2019.
Carried
Page 2 of 6
November 13, 2019 Minutes Page 3 of 28 Committee of Adjustment Minutes November 13, 2019
7. CONSIDERATION OF ITEMS
1. FILE NO. CA-19-28
The Owner proposes to convey the land comprising approximately 40,000 square metres with a frontage of 191.5 metres on Aurora Road as identified as Part 3 on Plan 65R-9265. The land to be conveyed is vacant.
The Owner proposes to retain the land comprising approximately 252,095 square metres with multiple frontages on private condominium roads, as identified as Block 2 on Plan 65M-3356. The land to be retained contains an existing golf course and associated facilities.
LOCATION: 5772 Aurora Rd., Whitchurch-Stouffville
INTENDED USE: Residential
APPEARANCE IN SUPPORT: Quinto Annibale of Loopstra Nixon, Agent
OTHER APPEARANCES: Resident at 63 Lees Boulevard
COMMUNICATIONS Report from Planning Services, Town of Whitchurch- RECEIVED: Stouffville recommending denial of the application.
The Chair asked the agent to provide an overview of the application. The agent reviewed the proposal for a technical severance of Part 3, advising that the parcel had previously been severed and had been under separate ownership. The applicant no longer owns Part 2 and does not operate the golf course located on those lands, and he wishes to sever and dispose of Part 3.
The Chair asked if they had seen the Staff Report and if they had any concerns.
The agent advised they had seen the Staff Report and had concerns regarding the recommendation for restrictive covenants for buildings and structures, as it may restrict appropriate permitted accessory structures for permitted uses, and additional restrictions beyond the Oak Ridges Moraine (ORM) are not necessary. The agent confirmed that these concerns had been discussed with staff.
In response to questions, the agent advised that the client has no plans at this time to build on the property, and any future residential development would require rezoning. The intended use is for conservation purposes. New Growth Plan issues would not impact this proposal. The agent further explained the ownership of the subject parcel and surrounding lands, advising the subject parcel is being separated from Part 2 to the north, and is not connected to the lots to the east and west. It is apparent that there is a separate golf course use on the lands to be retained, and vacant land use on the parcel to be severed.
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November 13, 2019 Minutes Page 4 of 28 Committee of Adjustment Minutes November 13, 2019
In response to questions Staff advised that the subject parcel had been previously zoned for residential use, and the ORM would permit a single-family dwelling on this property. Clarification was provided regarding the need for restrictive covenants with respect to the Natural Feature Area and Heritage Feature.
The resident of 63 Lees Boulevard questioned if Part 3 could be part of a future development with three other adjacent lots fronting on Aurora Road.
The agent responded that this proposal is to wrap up his client’s affairs and is not a precursor to development.
Moved by Dean Horner Seconded by Ken Wilson
THAT PROVISIONAL CONSENT for File No. CA-19-28 BE REFUSED by reason(s) that:
1. The application is not in accordance with the Town of Whitchurch-Stouffville Official Plan; and 2. The application does not meet the criteria in Section 51(24) of the Planning Act.
Carried
2. FILE NO. CA-19-29
The applicant is requesting minor variances from the provisions of Zoning By-law 2010- 001-ZO, as amended, to permit: i. A minimum rear yard setback of 3 metres, whereas the By-law requires a minimum rear yard setback of 22.5 metres; and ii. A minimum northerly interior side yard setback of 5.9 metres, whereas the By- law permits a minimum interior side yard setback of 9 metres; and iii. Construction of a single detached dwelling within the Flood Hazard (FH) Zone, whereas section 4.1 of the By-law does not permit the development of a single detached dwelling within the Flood Hazard (FH) Zone.
LOCATION: 12960 Highway 48, Whitchurch-Stouffville
INTENDED USE: Residential
APPEARANCE IN SUPPORT: Michael Spinoza, Agent
OTHER APPEARANCES: None
COMMUNICATIONS Report from Planning Services, Town of Whitchurch - RECEIVED: Stouffville recommending approval of the application.
Page 4 of 6
November 13, 2019 Minutes Page 5 of 28 Committee of Adjustment Minutes November 13, 2019
The Chair asked if they had seen the staff report and if they had any concerns.
The agent responded that they had seen the Staff Report and advised that conditions regarding the TRCA were being addressed.
The Chair asked the agent to provide an overview of the application. The agent reviewed the proposal and stated that the variances would accommodate the most suitable location of structures for residential development. The agent discussed surrounding properties and uses, the distance between buildings, and the driveway location. The rear yard setback will actually be 4.5 metres, as a 1.5 metre buffer had been built into the variance request to address any site plan adjustments.
In response to questions, the agent confirmed that the Notice sign had been properly posted. Staff confirmed that the Statutory Notice had been properly given to surrounding properties.
In response to questions, Staff described development options for this parcel and building envelope limitations, in consultation with TRCA. There are no foreseeable negative impacts on neighbours, from the reduced setbacks.
Moved by Carin Bacher Seconded by Lori Doner Jones
THAT minor variances from the provisions of By-law No. 2010-001-ZO, as amended, BE AND ARE HEREBY GRANTED to the above-noted property, said variances to permit: i) a minimum rear yard setback of 3 metres, whereas the By-law requires a minimum rear yard setback of 22.5 metres; and ii) a minimum northerly interior side yard setback of 5.9 metres, whereas the By-law permits a minimum interior side yard setback of 9 metres; and iii) construction of a single detached dwelling within the Flood Hazard (FH) Zone, whereas section 4.1 of the By-law does not permit the development of a single detached dwelling within the Flood Hazard (FH) Zone, in conformity with the plan(s) attached to the Staff Report, subject to the following condition(s):
1. That the Applicant provides to the Toronto and Region Conservation Authority a review fee, in the amount of $580.00, for Minor Variance Application CA-19- 29; and
2. That the Applicant obtain permits from the Toronto and Region Conservation Authority for the proposed single detached dwelling and associated accessory buildings prior to building permit issuance; and
3. That the Applicant enter into an Oak Ridges Moraine Site Plan Agreement with the Town of Whitchurch-Stouffville.
Carried
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November 13, 2019 Minutes Page 6 of 28 Committee of Adjustment Minutes November 13, 2019
3. 2020 Committee of Adjustment Meeting Schedule
Moved by Carin Bacher Seconded by Lori Doner Jones
That the 2020 Committee of Adjustment Meeting Schedule be adopted, as amended, by changing the November 11th meeting to November 10th, 2020.
Carried
8. CORRESPONDENCE
9. OTHER BUSINESS
10. MOTION TO ADJOURN
Moved by Dean Horner Seconded by Lori Doner Jones
That there being no further business, the Committee of Adjustment adjourn the meeting at 2:52 pm.
Carried
APPROVED at the Town of Whitchurch-Stouffville this 11th day of December, 2019.
______Chair Secretary-Treasurer
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November 13, 2019 Minutes Page 7 of 28
Town of Whitchurch-Stouffville Committee of Adjustment Report Item 1
Application Type: Minor Variance
Property Address: 14499 Kennedy Road, Whitchurch-Stouffville
File No. CA-19-30
Department: Development Services
Date: December 11th, 2019
Recommendation:
1) THAT the Request for Minor Variance be DEFERRED in order to allow for additional time for the Lake Simcoe Region Conservation Authority (LSRCA) to review all submitted ecological reports and in order to allow staff additional time to recommend appropriate measures in order to achieve conformity with the Oak Ridges Moraine Conservation Plan (ORMCP) Landform Conservation Area and clarify the applicant’s proposed uses.
1. Property Description:
The subject property is located at 14499 Kennedy Road (also municipally known as 3777 Vandorf Sideroad), at the intersection of Kennedy Road and Vandorf Sideroad. Attachment 1 of this report shows the location of the subject property. The property is approximately 54,561m2 (13.5 acres) in lot area. The lot contains an existing single- detached dwelling (599m2), an existing shed (19m2), new recreational courts (1092m2), a new accessory building (103m2), new paved areas (1096m2), a hobby farm, woodlots, a wetland, and a driveway fronting onto Kennedy Road. A provincially significant archaeological site (Old Fort Site, Huron-Wendat) is believed to be located on the southern portion of the property, primarily along the eastern property line.
2. Proposed Development:
The applicant has applied to seek approval for newly constructed outdoor recreational courts, fencing, lighting, an accessory building, a paved area, and a parking lot. The owner has begun works without receiving the required Planning Act applications (Oak
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 8 of 28 Committee of Adjustment Report December 11, 2019
Ridges Moraine Site Plan & Minor Variance) or a Building Permit. As a result of a resident complaint, staff from Planning and Municipal By-law investigated the ongoing works on September 12, 2019 and conveyed a verbal stop work order. Staff further issued a written email to the owner and their contractor to cease construction activities (see Attachment 4). Staff conducted a second site visit on November 18, 2019 and it was confirmed that the owner had ignored municipal law enforcement direction and continued construction activities without necessary permits (see Attachment 3).
3. Proposed Minor Variance Application:
The proposed Minor Variance applicant seeks relief from the provisions of the Zoning By- law to permit:
i. The construction of recreational courts, a parking area, a paved laneway, and an accessory structure within an Environmental (ENV) Zone, whereas it is prohibited under section 3.18.4 (i) and (iii) of the By-law; and,
ii. The location of accessory structure closer to a street (Kennedy Road) than the main building on the lot, whereas it is prohibited under section 3.6.3 of the By- law.
4. Policy Analysis:
4.1 Town of Whitchurch-Stouffville Official Plan
The subject property is designated Oak Ridges Moraine Natural Core Area (Schedule B) and Landform Conservation Area, Category 1 (Schedule J) in the Town’s Official Plan.
The subject property is also designated a Secondary Aggregate Resource Area (Schedule B-1), an Area of Natural and Scientific Interest (ANSI) (Schedule H), and an Area of High Aquifer Vulnerability (Schedule I). The property is within the 120m area of influence of wetlands and woodlands and within the 30m Minimum Vegetation Protection Zone (MVPZ) of a woodland.
New accessory uses, buildings, and structures may only be permitted in accordance with the regulations of the Zoning By-law if the development does not intrude into any identified ANSI, Kettle Lakes, Woodlands, Streams, or MVPZ (3.2.4 ii).
As such, the proposed development does not conform to the Official Plan or the Oak Ridges Moraine Conservation Plan Landform Conservation Area (Category 1) policies. The total area of disturbance is believed to be above the upper limit of 25% established within the ORMCP.
4.2 Comprehensive Zoning By-law No. 2010-001-ZO
The subject property is zoned Environmental (ENV), Oak Ridges Moraine Natural Core (ORM-NC), and Flood Hazard (FH) in Comprehensive Zoning By-law 2010-001-ZO.
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Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 9 of 28 Committee of Adjustment Report December 11, 2019
No development or site alteration is permitted within 90m of the boundaries of the ENV Zone, unless such development is supported by a Natural Heritage Evaluation and/or Hydrological Evaluation showing no adverse effects on the Key Natural Heritage Features or the ecological functions of the lands as required by the ORMCP. The ENV Zone is used to delineate Key Natural Heritage Features and the associated 30m MVPZ as per the Oak Ridges Moraine Conservation Plan. Sections 3.18.4i and 3.18.4.iii prohibit expansion into Key Natural Heritage Features and the associated MVPZ as represented by the ENV zone.
Six Key Natural Heritage Features are found within 120 meters of the proposed development: a significant woodland, valleyland/steep slope, the East Holland River & associated flood hazard area, a candidate area of Natural & Scientific Interest (Vandorf Kettle Lakes), Vandorf Wetland Complex, MNRF unevaluated wetland, and a single butternut tree.
The area of disturbance is located in both ENV and ORM-NC zones. The applicant has submitted a Natural Heritage Evaluation (Silv-Econ Ltd, Oct. 3, 2019), a Managed Forest Plan, and an arborist report, all subject to review by the LSRCA.
5. Planning Comments:
The proposed development is considered “major development”, given that overall coverage on the property is greater than 1000m2. As per Section 3.2.9 (vii) of the Official Plan, the applicant will be required to identify how the development conforms to the relevant Watershed Plan of the LSRCA and submit a Water Budget and Water Conservation Plan as per Section 3.2.9 (vii)(c).
The proposed development is located within an ANSI and, as such, an Earth Science Evaluation is required as per Table 3.1 in Section 3.2.9.
As submitted, the proposed development does not conform to the policies of the Oak Ridges Moraine Conservation Plan or the Official Plan with regard to Landform Conservation Areas (Category 1). The proponent will be required to work with Planning staff and submit a revised Site Plan, detailing the extent of existing impervious surfaces and removing portions to meet the Landform Conservation Area (Category 1) criteria: • Limit the portion of net developable area of the site that is disturbed to not more than 25% of the total site area; and, • Limit the portion of the net developable area of the site that has impervious surfaces to not more than 15% of the total site area.
Further, the subject property has been determined to be an area of archaeological potential. As such, staff require that the proponent carry out an archaeological assessment (Stage 1- 2) of the entire property and mitigate adverse impacts to any significant archaeological resources found. Further stages may be required dependent upon the results of the initial stages. No further demolition, grading, construction activities,
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Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 10 of 28 Committee of Adjustment Report December 11, 2019
landscaping, staging, stockpiling or other soil disturbances shall take place on the subject property prior to the approval of the Heritage Planner and the Ministry of Heritage, Sport, Tourism, Culture Industries (MHSTC) confirming that all archaeological resource concerns have met provincial requirements. Should any archaeological materials be found on the property the MHSTC (416-326-9326) and the Town of Whitchurch-Stouffville (905-642-4042) must be notified immediately. In the event that human remains are encountered during construction, the proponent should immediately contact both MTCS and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Small Business and Consumer Services (416-212-2665).
It is Planning staff’s opinion, at this time, that the proposal with does not meet the intent of all four (4) tests outlined in Section 45(1) of the Planning Act for Minor Variance applications.
1. The proposal does not meet the intent of the Official Plan
The requirements of Sections 3.2.4 ii) or 3.2.9 vi) have not been satisfied.
2. The proposal may not meet the intent of the Zoning By-law
The applicant’s intended uses for the newly constructed courts, associated parking area, and new accessory building remain unclear. Further clarification is required to determine if uses are appropriate for the site and meet the intent of the Zoning By-law.
3. The proposal is not desirable and appropriate
The application, as submitted, is not considerate to the surrounding environment. The amount of impermeable surfaces placed within an Area of Natural and Scientific Interest (ANSI), within the 120m area of influence of wetlands and woodlands, and within the 30m MVPZ of a woodland renders the proposal inappropriate. The construction of all surfaces and structures prior to necessary approvals also complicates on-site testing required for archaeological assessments.
4. The proposal is minor in nature
6. Conditions and Comments from Staff and Agencies:
6.1 Engineering Services
• A Development/Site Plan Agreement is required. • All applicable Engineering fees in the Town’s Fees & Charges By-law will apply. • The applicant has been working with Engineering Services to refine an amended Grading Plan and Site Servicing Brief.
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Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 11 of 28 Committee of Adjustment Report December 11, 2019
6.2 Public Works
No comments received.
6.3 Building Services
No comments received.
6.4 Fire Services
• All structures must be designed and constructed in conformity with the Ontario Building Code. • Access/laneways/fire routes shall be designed in conformity with the Ontario Building Code.
6.5 Lake Simcoe Region Conservation Authority (LSRCA)
• A permit from the LSRCA under Ontario Regulation 179/06 is required. • The property located within Natural Core Area and Category 1 Landform Conservation Area under the Oak Ridges Moraine Conservation Plan. • The property contains key natural heritage features and key hydrological features. • The location of unauthorized development was constructed within the steep slope hazard of the adjacent valleyland system. • A letter of opinion from a qualified geotechnical engineer is required to confirm that the development was constructed outside of the steep slope hazard. • The minimum setback from stable top of bank with the support of a geotechnical engineer is 6 metres from the erosion access allowance. • Development was constructed directly abutting to the significant woodland feature and within the Minimum Vegetation Protection Zone (MVPZ). • The LSRCA has recommended deferral of the application in order to grant the Authority sufficient time to review all submitted ecological reports.
6.6 Region of York
No comments received.
6.7 Other Agencies (Ministry of Transportation, Hydro One, if applicable)
No comments received.
7. Public Correspondence:
No comments from the public have been received on this application at the time of this report writing.
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Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 12 of 28 Committee of Adjustment Report December 11, 2019
8. Conclusion:
Having taken all the aforementioned into consideration, staff are recommending that the application for Minor Variance be deferred for the following reasons: 1) The LSRCA has requested additional time to review all submitted ecological reports; 2) The Town requires additional time to confirm the percentage of disturbed lands within Category 1 Landform Conservation Area and recommend appropriate measures in order to better achieve conformity with the ORMCP Landform Conservation Area; and, 3) The proposed uses for the recreational courts, associated parking area, and new accessory building remain unclear and need to be clarified in order to determine if the uses are appropriate and if further variances are required.
9. Attachments:
1. Location Map 2. Site Plan, Elevation Drawings, & Survey 3. Site Photographs 4. Written Order (email) 5. Letter & Comments from the TRCA
Author: Jeremy Parsons, Heritage Planner II, Development Services Department Head: Haiqing Xu, Director, Development Services For further information on this report, please contact: Jeremy Parsons, Heritage Planner II at 905-642-4042 or 905-640-1910 ext. 2272 or via email at [email protected]
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Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 13 of 28 Attachment 1, File No. CA-19-30
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 14 of 28 Attachment 2, File No. CA-19-30
Site Plan (large view)
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 15 of 28 Attachment 2, File No. CA-19-30
Site Plan (close view)
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 16 of 28 Attachment 2, File No. CA-19-30
Building Elevations & Specs
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 17 of 28 Attachment 2, File No. CA-19-30
Building Elevations & Specs
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 18 of 28 Attachment 3, File No. CA-19-30
Site Photographs (September 12, 2019)
Image 1: Southwest-facing view of parking lot (now paved), storage building, and courts under constructions (Parsons, 2019).
Image 2: Looking south from edge of courts towards graded area and further towards farm field. A newly installed well head is seen in the foreground (Parsons, 2019).
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 19 of 28 Attachment 3, File No. CA-19-30
Image 3: Looking west towards new storage building under construction (Parsons, 2019).
Image 4: A closer view of the new storage building under construction (Parsons, 2019).
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 20 of 28 Attachment 3, File No. CA-19-30
Site Photographs (November 18, 2019)
Image 5: Looking west toward the newly paved parking area, shed, and further completed courts and storage building (Parsons, 2019).
Image 6: Looking north along newly paved “farm lane” to the east of courts. The existing residence can be seen in the background (Parsons, 2019).
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 21 of 28 Attachment 3, File No. CA-19-30
Image 7: Looking south at the newly paved “farm lane” east of the courts (Parsons, 2019).
Image 8: The new storage building, labelled on the site plan as a “utility equipment garage” for “produce prep and storage” (Parsons, 2019).
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 22 of 28 Attachment 4, File No. CA-19-30
Correspondence
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 23 of 28 Attachment 5 PLANNING ACT APPLICATION - PRE-CONSULTATION Date: October 29, 2019 Planner: Laura McGinnis Contact #: 905-895-1281 ext. 299 Email: [email protected]
Address: 14499 Kennedy Road, Whitchurch-Stouffville APID: 198451
Type of Proposal (Please Highlight):
Official Plan Amendment Plan of Subdivision/Condominium Consent
Zoning By-law Amendment Site Plan Minor Variance
Description of Proposal: “The Applicant has applied to seek approval for outdoor multi-courts, shed, viewing structure, and paved and landscaped area currently under construction. The applicant has begun works without receiving required Planning Act applications or a Building Permit and was required to cease works until review and permitting could take place. A provincially-significant archaeological site (Old Fort Site) exists on the southeast corner of the subject property and buried material may extend into the applicant’s disturbance area. Further study will be required.”
Is the site within an area governed by Ontario Regulation 179/06? (Please Highlight) YES (Permit Required) NO
Regulated Components (Please list): The subject land is largely within an area that is regulated by the LSRCA under Ontario Regulation 179/06 for the following natural hazards and/or features: -120 metre adjacent lands to a Ministry of Natural Resources and Forestry (MNRF) Provincially Significant Wetland (Vandorf Wetland Complex); -a Ministry of Natural Resources and Forestry (MNRF) unevaluated wetlands and their associated 30 metre adjacent lands; -apparent valleylands associated with a tributary of the East Holland River; -meanderbelt erosion hazard limit associated with a tributary of the East Holland River; -flooding under the Regional Storm Event associated with a tributary of the East Holland River. General Notes (please refer to checklist for submission requirements): 1. Please contact the LSRCA to scope any required Environmental Impact Study or Natural Heritage Evaluation 2. The stormwater management submission is required to be prepared in accordance with “LSRCA Technical Guidelines for SWM Submissions” https://www.lsrca.on.ca/Shared%20Documents/permits/swm_guidelines.pdf
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 24 of 28 Page 2 of 3
3. The hydrogeological analysis is required to be prepared in accordance with “Hydrogeological Assessment Submissions: Conservation Authority Guidelines for Development Applications” https://www.lsrca.on.ca/Shared%20Documents/permits/hydrogeological%20_guidelines.pdf?pdf=Hydr ogeological-Guidelines 4. LSRCA Review Fees can be found here: https://www.lsrca.on.ca/permits/permit-fees
Required Report / Study Required Report / Study Design Design Design Detailed Detailed Detailed Functional Functional Functional Submission Submission
Proposed Amendment Documents Top of Bank Demarcation Mapping (OPA/ZBA) Planning Justification Report (inclusive of Floodplain Analysis Provincial Plan Conformity including LSPP) Environmental Impact Study Geotechnical / Soils Report X Ecological Offsetting Strategy Master Drainage Plan Rare, Threatened and Endangered Species Slope Stability / Erosion Assessment Analysis Tree Inventory & Preservation Plan / Topographic Survey prepared by an OLS Arborist Report Watercourse / Shoreline Protection, Hydrogeological Analysis including a X Enhancement and Restoration Plans Water Balance Coastal Engineering Study Phosphorus Budget X Natural Heritage Evaluation X Functional Servicing Report Tree Compensation Plan Stormwater Management Report X Vegetation Protection, Enhancement and X Erosion and Sediment Control Plan X Restoration Plans Edge Management Plan X Grading and Drainage Plan X Landscape Plan Site Plan / Draft Plan/R Plan X LSRCA Review Fee X
Comments: In the Town of Whitchurch-Stouffville’s Comprehensive Zoning By-law 2010-001-ZO, a building is defined as: Building: a structure consisting of a wall, roof and floor, or any one of them, or a structural system serving the function thereof, including all the works, fixtures and service systems appurtenant thereto, and includes, without limiting the generality of the foregoing, an awning or tent. Drawings indicate that the total ground floor area of all proposed residential buildings is 500m2 or greater. The proposal will meet the definition of ‘major development’ under the Lake Simcoe Protection Plan (LSPP) and the Oak Ridges Moraine Conservation Plan (ORMCP). At that time the following items will be required: (1) a Stormwater Management Report will be required to satisfy DP-4.8 of the LSPP and in accordance with the LSRCA Technical Guidelines for Stormwater Management (SWM) Submissions, inclusive of a phosphorus budget and water balance. The stormwater management submission is required to be prepared in accordance with “LSRCA Technical Guidelines for SWM Submissions” https://www.lsrca.on.ca/Shared%20Documents/permits/swm_guidelines.pdf.
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 25 of 28 Page 3 of 3
(2) The property is located within a Significant Groundwater Recharge Area and an Ecologically Significant Groundwater Recharge Area. Per Section 24 of the ORMCP, a scoped hydrogeological submission will be required for an application for major development. This would likely include a water balance, soils information (i.e. geotechnical information), and may include additional groundwater levels. The hydrogeological analysis is required to be prepared in accordance with “Hydrogeological Assessment Submissions: Conservation Authority Guidelines for Development Applications” https://www.lsrca.on.ca/Shared%20Documents/permits/hydrogeological%20_guidelines.pdf?pdf=Hydrogeological- Guidelines.
The application shall be accompanied by a natural heritage evaluation in accordance with DP-6.25 of the Lake Simcoe Protection Plan and in accordance with Section 23 of the Oak Ridges Moraine Conservation Plan (ORMCP). All proposed development needs to meet the “no negative impact” test and demonstrate that there will be no negative impacts to the natural features and their ecological functions per Section 2.1 of the Provincial Policy Statement. For clarity regarding the determination/assessment of features, the Technical Definitions and criteria for Identifying Key Natural Heritage Features and Key Hydrologic Features for the Lake Simcoe Protection Plan (MNRF, 2015) document should be referenced. Please contact the LSRCA to scope any required Environmental Impact Study or Natural Heritage Evaluation.
The subject land is within an area that is regulated by the LSRCA under Ontario Regulation 179/06. Accordingly, a permit from the LSRCA under Ontario Regulation 179/06 will be required prior to development or site alteration occurring in the regulated portion of the property.
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 26 of 28 Sent by E-mail: [email protected] Attachment 5 November 29, 2019 File No.: CA-19-30 IMS File No.: VA-198451-112919 Ms. Kitty Bavington Secretary-Treasurer Committee of Adjustment Town of Whitchurch-Stouffville 111 Sandiford Drive Stouffville ON L4A 0Z8
Dear Ms. Bavington:
Re: Proposed Application for Minor Variance Owner: Yingmin Xu Agent: Gregory Forfar 14499 Kennedy Road Town of Whitchurch-Stouffville, Regional Municipality of York
Thank you for circulating the above captioned application to the Lake Simcoe Region Conservation Authority (LSRCA) for review and comment. It is our understanding that the Owner of the above-noted property has constructed unauthorized development of a recreational court, laneway and accessory structure. This application for Minor Variance was submitted in advance of a Residential (ORM) Site Plan Application. The applicant is requesting a Minor Variance from the provisions of the Zoning By-law No. 2010-001-ZO, as amended, to permit: i. Construction of recreational courts, a parking area, a paved laneway, and an accessory structure within an Environmental (ENV) Zone, whereas it is prohibited under section 3.18.4 (i) and (iii) of the By-law; and, ii. Location of accessory structure closer to a street (Kennedy Road) than the main building on the lot, whereas it is prohibited under section 3.6.3 of the By-law.
We have reviewed this application in the context of the natural heritage and natural hazard policies of the Provincial Policy Statement (PPS), the Oak Ridges Moraine Conservation Plan (ORMCP), Growth Plan for the Greater Golden Horseshoe, the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act.
We note that part of the subject property is governed by the LSRCA under Ontario Regulation 179/06 of the Conservation Authorities Act. This is representative of flooding under the Regional Storm Event, a meanderbelt erosion hazard, and apparent valleylands characterized by steep slopes due to the presence of several tributaries of the East Holland River. This is also representative of a Ministry of Natural Resources and Forestry (MNRF) unevaluated wetland including its associated 30 metre adjacent lands, and the 120 metre adjacent lands to a MNRF Provincially Significant Wetland (Vandorf Wetland Complex). Accordingly, a permit from the LSRCA under Ontario Regulation 179/06 will be required prior to development or site alteration occurring in the regulated portion of the property.
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 27 of 28 Page 2 of 2
Based on our review of mapping, the property is identified within the Natural Core Area and a Category 1 Landform Conservation Area under the Oak Ridges Moraine Conservation Plan (ORMCP), and contains key natural heritage features (i.e. significant woodlands, valleylands, wetlands) and key hydrologic features (i.e. watercourses, wetlands) located on the property.
Based on our review of the application, the location of the unauthorized development was constructed within the steep slope hazard of the adjacent valleyland system. A letter of opinion from a qualified geotechnical engineer will be required to confirm that the unauthorized development associated with this application was constructed outside of the steep slope hazard. Please note that the minimum setback from stable top of bank/slope with the support of a geotechnical engineer is 6 metres for the erosion access allowance. The unauthorized development was constructed directly abutting to the significant woodland feature and within its associated Minimum Vegetation Protection Zone (MVPZ). Accordingly, we recommend deferral of this application until such time that the Owner provides the above- noted geotechnical letter and the LSRCA has completed their review of the submitted ecological reports.
Should you have any questions concerning these comments, please contact the undersigned and reference the above file numbers in correspondence. Please advise our office of any decision made with regard to this matter.
Sincerely,
Laura McGinnis Planner I
cc: Jennifer Dawson, Environmental Regulations Analyst, LSRCA
Application for Minor Variance Part Lot 15, Concession 6 14499 Kennedy R... Page 28 of 28