Committee of Adjustment AGENDA

Township of North Dumfries Committee of Adjustment Meeting

Monday, February 27, 2017-7:00 p.m.

Committee of Adjustment

AGENDA

AGENDA ITEM

1. CALLING TO ORDER - Chair Foxton

2. ACCEPTANCE OF AGENDA

NDCC - MacNeil Hall

3. DISCLOSURE OF PECUNIARY INTEREST(S) AND THE GENERAL NATURE THEREOF

4. MINUTES

a) Committee of Adjustment Meeting Minutes dated January 30, 2017

5. MINOR VARIANCE APPLICATION A-09/16

OWNERS/APPLICANT

Robbin and Alyson Lindsay, 144 Hilltop, Ayr

LOCATION OF THE SUBJECT LAND

The subject property is located on the west side of Hilltop Drive, south of Howard Marshall Street, in the geographic Township of North Dumfries. The property is municipally addressed as 144 Hilltop Drive, Ayr.

6. PRESENTATIONS

a) PD Report No. 03-2017 Proposed Minor Variance - Robbin and Alyson Lindsay, 144 Hilltop, Ayr- File No. A-09/16

7. REQUEST FOR NOTICE OF DECISION

Persons wishing to be notified of the decision must submit a written request to the Secretary-Treasurer Lori Heinbuch.

8. COMMENTS/QUESTIONS FROM THE COMMITTEE

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Committee of Adjustment Meeting Monday 1 February 271 2017

9. DECISION OF COMMITTEE

The Committee of Adjustment of the Corporation of the Township of North Dumfries has considered all written and oral submissions received on this application, the effect of which has assisted the Committee to make an informed decision on this planning matter.

10.MINOR VARIANCE APPLICATION A-11/16

OWNERS/APPLICANT

Ayr Meadows Development 180 Northumberland, Ayr


The subject property is located on the west side of Northumberland Street, south of St. Brigid School, and immediately north of the CP Rail Line in the geographic Township of North Dumfries. The property is municipally addressed 180 Northumberland Street, Ayr.

11. PRESENTATIONS

a) PD Report No. 09-2017 Proposed Minor Variance - Ayr Meadows Development, 180 Northumberland, Ayr - File No. A-11/16






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Committee of Adjustment Meeting Monday, February 27, 2017

15. CONSENT APPLICATION B-04/16 MINOR VARIANCE APPLICATION A-12/16

OWNERS/APPLICANT

GSP Group Inc. on behalf of Gord Willms 3429 Roseville Road, in the Settlement of Plumtree


The subject property is located in the Settlement of Plumtree with a civic address of 3429 Roseville Road.

PURPOSE AND EFFECT OF THE APPLICATION

The purpose of this Report is to solicit comments from interested members of the public and agencies, and to advance a Recommendation for the Committee's consideration on the merits of the application filed by GSP Group Inc. on behalf of Gord Willms for a consent application and an associated minor variance application to facilitate the creation of a new lot at 3429 Roseville Road, in the Settlement of Plumtree.

16. SECRETARY TREASURER

Notices were mailed to property owners within 120 m of the subject property as well as the applicable agencies and posted on the subject property on February 9,2017.

17. PRESENTATIONS

a) PO Report No. 06-2017 Consent Application B-04/16 and Minor Variance Application A-12/16- GSP Group Inc. on behalf of Gord Willms, 3429 Roseville Road.



19. CHAIR OPENS FLOOR FOR ANY COMMENTS/QUESTIONS

Are there any persons present who wish to make oral and/or written submission in support of the proposed minor variance?

Are there any persons present who wish to make oral and/or written submission against this application?

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22. CONSENT APPLICATION B-03/16

OWNERS/APPLICANT

Brad Klein-Geltink 244 Northumberland Street


The subject property is located in the Community of Ayr with a civic address of 244 Northumberland Street. The subject lands are on the west side of Northumberland Street, north of Nith River Way.


The purpose of this Report is to solicit comments from interested members of the public and agencies, and to advance a Recommendation for the Committee's consideration on the application filed by Brad Klein-Geltink for a consent application to create a new lot at 244 Northumberland Street, in the Community of A yr.


Notices were mailed to property owners within 120 m of the subject property as well as the applicable agencies and posted on the subject property on February 9, 2017.

24. PRESENTATIONS

a) PO Report No. 04-2017 Consent Application B-03/16- Brad Klein-Getlink, 244 Northumberland Street, Ayr



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29.CONSENT APPLICATIONS B-01/17 & B-02/17

OWNERS/APPLICANT

John and Denise Praskey Ken Irvine and Lori Mara 296 and 310 Northumberland Street File No. B-01/17 and B-02/17


The subject lands are located in the urban area of Ayr. The properties are municipally addressed 296 and 310 Northumberland Street.


The purpose of this Report is to solicit comments from interested members of the public and agencies, and to advance a Recommendation for the Committee's consideration on the merits of the application filed by John and Denise Praskey for consent applications intended to facilitate a lot line adjustment to "square off' property lines such that amenity areas are more reflective of the accessory uses and outdoor amenity areas for the properties situated at 296 and 310 Northumberland Street, in the geographic Township of North Dumfries.

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Notices were mailed to property owners within 120 m of the subject property as well as the applicable agencies and posted on the subject property on February 9, 2017.

31. PRESENTATIONS

a) PD Report No. 05-2017 Consent Applications- John and Denise Praskey, Ken Irvine and Lori Mara, 296 and 310 Northumberland Street, Ayr- File No. B-01/17 and B-02/17









36. ADJOURNMENT Lori Heinbuch,

Township Clerk, Secretary Treasurer,

Committee of Adjustment

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Town ship of North Dumfries Committee of Adjustment Meeting Minutes

NDCC - Dumfries Room Monday, January 30, 2017

Page 1 of 10

MINUTES

Convened at 7:00pm.

S. Foxton was in the Chair. Members: D. Ostner, R. Rolleman, Neil Ritchie and G. Taylor were also present.

Staff Present:

Regrets:

Shelley Stedall, Treasurer/Director of Corporate Services Lori Heinbuch, Clerk, Secretary-Treasurer C. of A. Michelle Schaefle, Township Planner

Andrew McNeely, Chief Administrative Officer

1. CALLING TO ORDER

Chair Foxton called the meeting to order

2. APPROVAL OF THE AGENDA

CoA-1-17 Moved by Member Taylor Seconded by Member Ostner

THAT Committee adopt the January 30, 2017 Committee of Adjustment agenda as presented.

Carried

Councillor Ritchie at this time during the meeting excused himself and left the meeting.

3. DISCLOSURE OF PECUNIARY INTEREST/GENERAL NATURE THEREOF

- None reported.

4. MINUTES

a) Committee of Adjustment Meeting Minutes dated December 5, 2016

CoA-2-17 Moved by Member Rolleman Seconded by Member Ostner

THAT the Committee of Adjustment Minutes dated December 5, 2016 be approved and signed by the Chair and Secretary-Treasurer.

Carried

Township of North Dumfries Committee of Adjustment Meeting Minutes


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5. APPLICATION A-06/16

OWNERS/APPLICANT

Ayr Community Pharmacy 47 Northumberland Street, Ayr


The subject application was presented at the September 26, 2016 Committee of Adjustment Hearing in which a motion was supported to defer the application.

The purpose of this Report is to advance a Recommendation for Committee's consideration on the merits of the application filed by Tamara Daharu - 9737928 Canada Inc. (Ayr Community Pharmacy) for a minor variance for the property situated at 47 Northumberland Street, within the Community of A yr.


The subject lands are located at the northeast corner of Northumberland and Gibson Streets in downtown Ayr. The property is identified with the civic address of 4 7 Northumberland Street.

6. SECRETARYTREASURER

Notices were previously mailed, and notice of this meeting was given on January 24, 2017 to those requesting.

5. PRESENTATIONS

a) PD Report No. 02-2017 Minor Variance Application - Ayr Community Pharmacy, 4 7 Northumberland Street. A yr. (File No. A-06/16)- application previously deferred September 26, 2016

Michelle Schaefle, Township Planner reviewed her report for Committee, presenting an overview of the application:

Application presented at the Sept. 26, 2016 meeting

- Motion supported to defer the application to allow staff to consider all correspondence received on the application and conduct parking analysis.



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• The purpose of this presentation is to advance a recommendation on the application at 47 Northumberland Street

• The purpose of the application is to add a "Pharmacy" as a permitted use in Zone 6 (Commercial) of the General Zoning By-law to facilitate the location of a 132 sq. m. (1 ,425 sq. ft.) pharmacy in Unit 4

• No building addition is required

Property Location Single storey commercial plaza comprised of 5 units including a florist, two restaurants, a physiotherapist and a professional office; front entry onto Gibson; Building: 500 sq. m (5,400 sq. ft.) and 13 car park stalls.

Pharmacy is defined as a retail store where the pre-eminent use and activity is the practice of preparing, compounding and dispensing medical drugs, the sale of nonprescription drugs, the sale of non-prescription medicines and related health products, assistive medical/mobility devices and aids, health and wellness counselling services and related uses and activities. Food services shall not exceed more than 9.3 sq. m. (100 sq. ft.)

Planning Act- Minor Variance

Section 45(1)- Criterion to evaluate the merits of a Minor Variance: i) Is the general intent and purpose, in the opinion of the Committee, of the

Official Plan maintained? ii) Is the general intent and purpose, in the opinion of the Committee, of the

Zoning By-law maintained? iii) Is the proposed variance desirable for the property and is it compatible with

adjacent uses and properties?; and iv) Is the variance, in the opinion of the Committee, minor in nature?

Section 45(2): - The Committee has the ability to consider additional or new uses of any land,

building or structure permitted in the By-law that are defined in general terms, if in the opinion of the Committee, conforms with the uses permitted in the By-law

The Township Planner recommends: 1) THAT Council receive PD Report No. 02-2017; 2) AND THAT Minor Variance A-06/16, being a request to add a "Pharmacy"

as an additional permitted use in Section 12.2 of Zone 6 (Commercial) of the General Zoning By-law 689-83, be APPROVED, subject to the inclusion of a definition for a Pharmacy as set out in the decision page. Pharmacy: "a retail store where the pre-eminent use and activity is the practice of preparing, compounding and dispensing medical drugs, the sale of non-prescription medicines and related health products, assistive medical I mobility devices and aids, health and wei/ness counselling services, and,



Page 4 of 10

related uses and activities. Food services in the form of convenience or grocery products shall not exceed more than 9.3 sq. m. (100 sq. ft.) of gross floor area."

7. CORRESPONDENCE FOR COMMITTEE'S REVIEW

Public Correspondence:

Prior to the September 26, 2016 Committee of Adjustment Meeting Agenda, the following correspondence was received from the Public:

• Mr. MacNeil has questioned the need for two pharmacy operations in Ayr given the limited service population of the community.

• Dr. Chris and Mary-Jean Page of DriverCheck Inc. object to the application on the basis that there is not enough parking. Current parking for the DriverCheck business is currently insufficient for the existing 1 00 employees and they are planning to add an additional 50 employees.

In addition Dr. Chris Page appeared as a delegation at the September 26, 2016 Public Meeting.

Agency Correspondence:

The following comments were received from circulated agencies:

• Region of Waterloo Planning, Development & Legislative Services: No comments

• Grand River Conservation Authority: No comments




Chair Foxton asked if there are any persons present who wish to make oral and/or written submission in support of the proposed minor variance?

No one in attendance to speak in support of the application.



Page 5 of 10

Chair Foxton asked if there are any persons present who wish to make oral and/or written submission against this application?

Dr. Chris Page of Drivercheck Inc. advised he will be adding employees, have had an acquisition will be adding another 1 00 employees to this block and this is not the end of growth, moving in by April1 5t.

Peggy Unger 219 Reid Place lived here for 21 years not a business person, live in town and have a pharmacy and pharmacist. Should not encourage additional businesses in town, do not want another business in town; do not require another pharmacy.

Linda MacNeil, 12 Nith River Court Ayr stated with our expansion of new building have added 25- parking is an issue.


Member Rolleman detailed parking and traffic, not included in report investigate parking situation and traffic, need to look at carefully prior to a decision being made. Curb side parking and traffic.

Member Ostner now that Foodland building will be up and running; parking study taken shortly after noon; businesses are busy at other times. Need to have a true study, not extensive or detailed enough. Has anyone spoke to current tenant on what he wants, removing restaurant?

Member Taylor challenge with zoning 6 & 7 should be together, anyone looking at doing development in area. Not our decision if another drug store is needed. Planning staff to work on combining 2 zones. A lot of areas in Ayr that may work for a pharmacy.

Chair Foxton stated parking is currently an issue with the present businesses in downtown Ayr.



CoA-3-17



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Moved by Member Taylor Seconded by Member Ostner

THAT the Committee of Adjustment receives PD Report No. 02-2017;

AND THAT Minor Variance A-06/16, being a request to add a "Pharmacy" as an additional permitted use in Section 12.2 of Zone 6 (Commercial) of the General Zoning By-law 689-83, be APPROVED; subject to the inclusion of a definition of a "Pharmacy" as set out in the decision page.

DEFERRED

12. APPLICATION A-09/16

OWNERS/APPLICANT

Robbin and Alyson Lindsay, 144 Hilltop Drive, Ayr


The subject application was presented at the October 24, 2016 Committee of Adjustment Hearing in which a motion was supported to defer the application.

The location of the subject property is described as the west side of Hilltop Drive south of Howard Marshall Street, in the geographic Township of North Dumfries. Plan 58M440 Lot 17. The property is municipally addressed as 144 Hilltop Drive, A yr.


The applicant is requesting relief from the side yard setback for accessory structures from 3 feet to 1 foot to bring their existing structures (deck and privacy fence) into compliance with the requirements of the Township's Zoning By-Law 689-83. The estimated height of the pool is 1.51 m with the privacy fence being an additional 1.83 m, for a total height of 3.44 m.

SECRETARY TREASURER


NDCC- Dumfries Room Monday, January 30, 2017

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Notices were previously mailed, and notice of this meeting was given on January 24, 2017 to those requesting.

13. PRESENTATIONS

a) PD Report No. 01-2017 Proposed Minor Variance Robbin and Alyson Lindsay, 144 Hilltop, Ayr (File No. A-09/16)- previously deferred October 24, 2016

Michelle Schaefle, Township Planner reviewed her report for Committee, presenting an overview of the application:

The owners obtained a building permit for the above ground pool

Subsequent to constructing the pool, associated accessory structures including a privacy fence, deck, railing and stairs/gate were built adjacent to the fence along the rear and southerly interior yard

- Accessory structures constructed without a building permit, contravening the Ontario Building Code

- A complaint was received after most of the structures were completed Staff conducted a site visit and determined structures in violation of Zoning By-law

- These items will be remedied upon outcome of the minor variance

The Owners are seeking relief from Section 6.4.2 of General Zoning By-law 689-83 to allow the structures to remain as is:

A relief for the rear yard setback to 18 em (7 inches) and a southerly interior side yard setback of 9 em (3.5 inches) are sought where the Zoning By-law establishes a provision of 1 m (3ft.)

Above relief based on measurements conducted by staff to the fence At the last Committee Meeting the importance of precise measurements was discussed: - Precision is important to demonstrate compliance with Zoning By-law and to

protect interests of property owner and abutting land owner

If the Committee were to advance forward with approval of the Application or on an appeal to the Ontario Municipal Board, the applicants would need to provide precise measurements through an Ontario Land Surveyor



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The Township Planner recommends:

1) THAT the Committee of Adjustment receives PO Report No. 01-2017;

2) AND THAT Minor Variance A-09/16, being a request to seek relief of Section 6.4.2 of General Zoning By-law 689-83 to allow for a rear yard setback of 18 em (7 inches) and a southerly interior side yard setback of 9 em (3.5 inches) where the By-law establishes a provision of 1 m (3ft.) for each referenced setback, be DENIED.

14. CORRESPONDENCE FOR COMMITTEE'S REVIEW

Public Correspondence:

At the October 241h Public Meeting, the following delegations appeared in support of the application:

• 162 Hilltop Drive • 148 Hilltop Drive • 146 Hilltop Drive

Following the October Public Meeting, the applicant submitted two letters of support from:

• Melinda Gulp (resident of Ayr) • Justine Lee of 140 Hilltop Drive.


Persons wishing to be notified of the decision must submit a written request to the Secretary-Treasurer Lori Heinbuch ..


Chair Foxton asked if there are any persons present who wish to make oral and/or written submission in support of the proposed minor variance?

Robyn Lindsay applicant stated that he wanted to acknowledge they were victim of hired professional contractor; assumed contractor would get all permits for this structure. Would not be standing here today. He also stated that the lone complaint submitted prior to any privacy screening and railing being installed, is now completed. 4 out of 6 neighbours think that deck and structure work in flow of neighbourhood, have walk out deck can see all of neighbourhood. We are the lone yard that had huge grade, rendered most of our yard useless.

Towns hip of North Dumfries Committee of Adjustment Meeting Minutes


Page 9 of 10

Alyson Lindsay doing best we could with the property. Have 3 children under the age of 10 yard is very well used,

Robyn Lyndsay privacy concern, deck will conflict will be no privacy concern, only accessible from one spot, maintains security and privacy is why constructed where it is, have approval of all neighbours.

Alyson Lyndsay in regards to precedent being set, exact same structure deck adjacent to property.

Robyn Lyndsay stated that other types of decks, do not offer same privacy and safety.

Chair Foxton asked if there are any persons present who wish to make oral and/or written submission against this application?

No one was present.


Member Rolleman stated he understands applicant's situation. The fence is too close to adjoining fence to get into the pool from other side. Have to move understood neighbours safety concern, have to abide by 1 m. requirement.

Member Ostner stated other property has fence in contravention. He questioned what is the main reason for the 3 ft. setback?

Planner advised that it provides privacy.

Member Rolleman stated the Building Code 3ft. setback provides for safety, do not have to have someone go against the Building Code.

Member Taylor questioned can minor variance be only for Lindsay ownership, will not be allowed for future owners.

Chair Foxton stated they do not have a survey, do not have precise measurements on where it is located.

Member Ostner stated wherever fence is, is the setback, cannot imagine survey would be off by three feet.



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CoA-4-17 Moved by Member Seconded by Member

THAT the Committee of Adjustment receives PO Report No. 01 -2017;

AND THAT Minor Variance A-09/16, being a request to seek relief of Section 6.4.2 of General Zoning By-law 689-83 to allow for a rear yard setback of 18 em (7 inches) and a southerly interior side yard setback of 9 em (3.5 inches) where the By-law establishes a provision of 1 m (3ft.) for each referenced setback, be DENIED.

MOTION LOST

ADJOURNMENT

CoA-5-17

Lorraine Heinbuch Secretary Treasurer

Moved by Member Taylor Seconded by Member Ostner

THAT the Committee of Adjustment Meeting of January 30, 2017 be adjourned at 8:05p.m.

Carried

Sue Foxton Chair

- The TOWNSHIPof.-NORJH DUMFRIES

Committee of Adjustment Meeting February 27th, 2017

PROPOSED MINOR VARIANCE Robbin and Alyson Lindsay, 144 Hilltop, Ayr File No. A-09/16

RECOMMENDATION:


PO Report No. 03-2017

1) THAT the Committee of Adjustment receives PD Report No. 03-2017;

2) AND THAT Minor Variance A-09/16, being a request to seek relief of Section 6.4.2 of General Zoning By-law 689-83 to allow for a rear yard setback of 18 em (7 inches) and a southerly interior side yard setback of 9 em (3.5 inches) where the By-law establishes a provision of 1 m (3 ft) for each referenced setback, be DENIED.

1. PURPOSE:

The subject application was presented at the January 30, 2017 Committee of Adjustment Hearing. A motion was made to deny the application, in which there was a tie vote by the Committee. The decision of the Committee was not achieved since Section 45 (8) of the Planning Act states that no decision of the committee on an application is valid unless it is concurred in by the majority of the members of the committee that heard the application.

Accordingly, the purpose of this Report is to re-introduce the Minor Variance Application A-09/16 and to advance a Recommendation for the Committee's consideration on the merits of the application filed by Robbin and Alyson Lindsay for a minor variance for the property situated at 144 Hilltop Drive, within the Community of Ayr.

The contents of this Report and the Recommendations are reflective of what was originally considered by the Committee of Adjustment at its Meeting of January 30, 2017.

This Report will:

• provide an overview of the proposed development; • confirm present provincial, official plan, and zoning policies for development of the

subject property; and • provide a recommendation to Committee on the merits of the application.

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PO Report No. 03-2017 February 27th, 2017

2. BACKGROUND

2.1 Application Summary

Application(s) Related File(s): Owner (s): Applicant(s): Agent(s): Legal Description: Civic Address: Assessment Roll No. :

2.2 Property Location

A-09/16 None Robbin and Alyson Lindsay Robbin and Alyson Lindsay n/a PLAN 58M440 LOT 17 144 Hilltop Drive 3001-010-00513117

The subject property is located on the west side of Hilltop Drive, south of Howard Marshall Street, in the geographic Township of North Dumfries. The property is municipally addressed as 144 Hilltop Drive, Ayr.

The conceptual location of the property is identified on the Key Map below.

The subject lands have a road frontage of approximately 12m (40ft) and a corresponding lot area of approximately 484 sq. m. (5,210 sq. ft.). The topography of the back yard of the subject lands is such that the property slopes down from the northern side yard to the southern side yard, with the northern side being higher than the southern side. The topography also has a gradual slope from the rear of the residence to the rear lot line.

The property is presently occupied by a single detached dwelling and an attached garage. In the rear yard there is an above ground pool and associated deck structure. There are no environmental features on the subject lands. The property is landscaped consistent with an urban residential neighbourhood.

The property is serviced by Municipal water and sanitary sewer services.

There is one access driveway onto Hilltop Drive.

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Key Map

SUBJECT PROPERTY

2.3 Surrounding Land Uses

The surrounding lands consist of single detached residential dwellings.

2.4 Development Overview

The Owners have an above ground pool in their back yard and constructed accessory structures including a privacy fence, deck, railing, and stairs/gate adjacent to the fence and within the southerly interior side and rear yards. Township staff received a complaint about the constructed accessory uses. Arising from the complaint, staff conducted a site visit and confirmed that the structures are in violation of the General Zoning By-law. The owners of the subject lands have applied for a minor variance to allow the accessory structures to remain as constructed.

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PD Report No. 03-2017 February 27th, 2017

A building permit was not applied for to obtain approval for the deck and associated structures, contravening the Ontario Building Code. This item will be remedied dependent upon the outcome of the consideration of the minor variance application.

The applicant is seeking relief from Section 6.4.2 of the General Zoning By-law that regulates the location of accessory buildings and structures within the interior side and rear yards. Section 6.4.2 states that in no case shall any accessory building or structure be located closer than 1 m (3 ft) from any interior side or rear lot line.

The following is a summary of dimensions of accessory structures constructed within the southerly interior side yard and rear yard:

• Deck: o Distance from southerly interior fence: 9 em (3.5 inches) o Distance from rear fence: 18 em (7 inches) o Height: 1.4 m (4.6 ft) above finished ground level

• Railing Above Deck (guard system): o Distance from southerly interior fence: 13 em (5 inches) o Distance from rear fence: 25 em (10 inches) o Height: The railing is 1.1 m (3.7 ft) tall; it is constructed above the deck

which is 1.4 m (4.6 ft) tall, for a total height of 2.5 m (8.3 ft) from the finished ground level

• Privacy Fence which forms part of the Railing Above Deck (guard system): o Distance from southerly interior fence: 13 em (5 inches) o Distance from rear fence: 25 em (10 inches) o Height: The privacy fence is 1.85 m (6.1 ft) tall; It is constructed above the

deck which is 1.4 m (4.6 ft) tall, for a total height of 3.25 m (1 0.7 ft) from the finished ground level

• Stairs and Gate: o Distance from southerly interior lot line: 0.32 m (1 ft) o Height: 2.4 m (8ft).

During the site visit on October 17, 2016 measurements were taken by Township staff from the fence and it was concluded that the measurements on the plan submitted with the minor variance application do not reflect those observed by staff to the fence line.

The precision of the setbacks from the accessory structures to the property lines are important and should be precise. A Zoning By-law, and any relief to its regulations, need to be accurate to demonstrate compliance with the By-law and to protect the interests of the property owner and abutting landowners.

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The issue surrounding the accuracy of the measurements of the accessory structures to the property line was discussed extensively at the October 24, 2016 Public Meeting.

Subsequent to the October 24th meeting, the Owner attempted to determine the location of the privacy fence in relation to the property boundary, however, they were not successful in obtaining any information to provide for the accuracy and the precision that was being sought. The applicant has provided an email to staff advising that they wish to proceed forward with the measurements as prepared by staff and discussed at the October 24, 2016 meeting.

If the Committee were to advance forward with the approval of the Minor Variance, or, on an appeal of a decision of the Committee of Adjustment to the Ontario Municipal Board (OMB), then it would be incumbent upon the applicant to provide the precise measurements. The applicants may be more prepared to incur the expense of retaining an Ontario Land Surveyor to confirm property boundaries and the setbacks of the accessory structures if the aforementioned milestones were to unfold.

2.5 Planning Act

Section 45 ( 1) of the Planning Act sets out the criteria to be considered by the Committee when reviewing minor variance applications. The Committee of Adjustment may authorize such minor variance from the provisions of the Zoning By-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure.

The criterion to be used by the Committee in the evaluation of a minor variance application is as follows:

i) Is the general intent and purpose, in the opinion of the Committee, of the Official Plan maintained?;

ii) Is the general intent and purpose, in the opinion of the Committee, of the Zoning By-law maintained?;

iii) Is the proposed variance desirable for the property and is it compatible with adjacent uses and properties?; and,

iv) Is the variance, in the opinion of the Committee, minor in nature?

3. ANALYSIS & OPTIONS:

3.2 Regional Official Plan

The subject lands are located in the Township Urban Area within the Township Designated Greenfield Areas on Map 3e of the Regional Official Plan. Policy 2.G.9 on

&I Page


Land Use Compatibility refers to Area Municipal Official Plans to establish policies on compatibility. The residential use and ancillary structures associated with a residence are contemplated within the Official Plan designation.

3.3 Township Official Plan

The Township's Official Plan on Map 2.1 'Ayr Urban Area' designates the subject lands as "Urban Residential and Ancillary." This designation was established through the adoption of Official Plan Amendment No. 26 (OPA 26) in 2013 by Township Council and approved by the Region I OMB in June 2015.

Section 3, General Land Use Policies, provides direction on Land Use Compatibility, in which compatibility must address the impacts of the proposed development on surrounding land uses. Among other things the following criteria from Policy 3.1.1.1 are to be used to assess the compatibility of a proposed development. The relevant extracts for Policy 3.1.1.1 applicable to the minor variance application are as follows:

a) the density, scale, height, massing, visual impact, building materials and architectural character of surround buildings and the proposed development;

b) the continued visibility and viability of adjacent land uses; and

e) landscaping, setbacks, sun and shadow effects, wind effects, signage, lighting and buffering of proposed and existing developments.

The deck has been built to be used in conjunction with the above ground pool. Due to the nature of the use of swimming pools, the deck would likely be used for extensive periods of time during the late spring and summer months. As this is an urban residential setting, the nature of the use and its relationship to abutting properties is relevant in the consideration of this application.

3.4 Zoning By-law 689-83

The subject lands are zoned Z.4d (Residential) in the Township's General Zoning By-law 689-3. Permitted uses within this zone classification include a single detached dwelling and uses accessory and incidental to a permitted use. A pool and deck features would be considered accessory and incidental to the residence on the property.

Section 6 of the General Zoning By-law sets out the provisions for accessory buildings and structures. As per Section 6.4.2, the Township's General Zoning By-law provides for no buildings or accessory structures to be located within 1 m (3 ft) of the interior and rear lot lines. When applied to both the subject property and an adjacent property, there is to be no accessory building or structures within 2 m (6 ft) of each other. This setback is intended to provide a buffer between adjacent land owners.

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PO Report No . 03-2017 February 27 1 h, 2017

For comparative purposes, the Table below summarizes the zoning standards applicable to accessory structures and the relief being south by the applicant:

The subject accessory structures have been built directly adjacent to the fence, providing for no buffer and at a height of 3.25 m (10.7 ft). The maximum height of a fence permitted as per the Fence By-law (By-law No. 2644-14) is 1.93 m (6.4 ft). Council when establishing a feature on or immediately abutting a property line deemed that a height of 1.93 m (6.3 ft) in an urban residential context is an appropriate scale. As a result, in addition to the minimum setbacks not being maintained, the structures have been constructed 1.32 m (4.3 ft) above that of what would be permitted for a fence at a zero lot line or equivalent.

3.5 Consultation Process

3.5.1 Public Correspondence

At the October 24th Public Meeting, the following delegations appeared in support of the application:

• 162 Hilltop Drive • 148 Hilltop Drive • 146 Hilltop Drive

Following the October Public Meeting, the applicant submitted two letters of support from:

• Melinda Culp (resident of Ayr) • Justine Lee of 140 Hilltop Drive

The map below outlines where the above-noted properties are in relation to 144 Hilltop Drive.

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3.5.2 Agency Correspondence

The following comments from Township staff and agencies were received:

• Township Fire Department: No comments • Township Community Services: No comments • Energy+ Inc.: No comments

3.6 Planning Opinion

Staff as part of the consideration of this Report are recommending DENIAL of the application.

There is a compelling argument that there is the opportunity for the deck structure to service the pool to be constructed in compliance with the applicable provisions of the Zoning By-law. The deck could be re-oriented to the north-east portion of the pool and be built into the side slope. The existing deck structure could largely be revised to accommodate the alternative location, subject to the modifications to the deck supports being adjusted in height to account for the slope of the land. All appropriate life safety measures could be accommodated into the design at the alternate location.

91Page


In recommending denial of the application, it is the opinion of staff that:

i) The general intent and purpose, in the opinion of staff, of the Official Plan and Zoning By-law have not been maintained. The primary intention of setbacks in the interior and rear yards are to provide for privacy and to lessen the impacts between adjacent property owners. Given the height of the accessory structures and the proximity to the fence, the accessory structures are not deemed compatible in terms of setbacks, scale, height, massing and visual impact.

ii) Strong consideration has been given to the precedent that approval of the subject minor variance would set and the cumulative impact on built form of amenity areas in the context of an urban neighbourhood should subsequent similar structures be approved. This precedent is heightened when the Committee considers that a viable alternative exists in the siting of the pool deck that would be in conformance with the By-law;

iii) The proposed variance, in the opinion of staff, is not desirable or compatible with adjacent uses and properties. Swimming pools are typically enjoyed for long time periods of time during the late spring and summer months. The use of the pool deck directly adjacent to fence and at a height similar to that of the top of the existing fence, is considered incompatible with adjacent properties;

iv) There is an opportunity to construct the deck and associated structures in an alternative location, such as to the north-east area of the pool and be in compliance with the provisions of the Zoning By-law;

v) In the opinion of staff, the variance is not considered minor in nature given the proximity to the adjacent properties and that the total height of the structures (3.25 m/1 0.7 ft) are well above that permitted by the Fence By-law (1.93 m/6.4 ft), which speaks to structures and their height/massing at the zero lot line or equivalent;

vi) If the applicant had consulted with Township staff prior to building the structures, staff would have recommended adhering to the setback requirements in the Zoning By-law.

4. ATTACHMENTS

1. Application Package submitted by Robbin and Alyson Lindsay 2. Photographic Log - Examples of Above Ground Pools with Setbacks

For further information on the contents of this Report, please contact Michelle Schaefle, Township Planner, at 519-632-8800 ext. 132 or via email at [email protected]

10 I Page


Report Prepared By,

Michelle Schaefle, BES Planner

Respectfully Submitted,

i t \

Andrew McNeely, RPP Chief Administrative Officer

Variance Application

Robbin & Alyson Lindsay

144 Hilltop Dr., Ayr, ON NOB 1 EO

Distance from lot line

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ground level

Lot 17 Lot Line

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Safety

Any privacy and safety concerns have been addressed with a placement of Sft privacy fence that

is tastefully built.~Jj~~~tlj~fl~~ ~ ...............................

A safety gate was installed to prevent young children from gaining access to the pool.

Grade of our Yard

The steep grade on the right side of our yard forced us to place the deck on the left side of our yard in order to ensure that children could not access the pool.

Precedent

The exact same type of structure is located diagonally from our yard and placed right against the fence. Similarly, many other sheds in adjacent yards are placed within the three feet from the property line.

PD Report No . 01 - 2017 ATTACHEMENT NO. 2 Jan u a r y ·3 0 111 , 2 0 1 7

ATTACHMENT 2 - PHOTOGRAPHIC LOG EXAMPLES OF ABOVE GROUND POOLS WITH SIDE AND REAR YARD SETBACKS

21Page

PD Report No. 01-2017 January 3Qth, 2017

To Whom It May Concern,

I am writing in support of the Lindsay family. It has been brought tu my attention that there are issues surrounding a deck on their property. As a resident of Ayr and a member of the community, I can assure you the deck is not, or at least should not be an issue to other residents. The Lindsay family is quick to assist and support the entire community. Both Ali and Robin conduct themselves in a way that shows respect, integrity and care to surrounding neighbours. It is incredibly unfortunate that an issue has reached this point as I am confident an attempt at resolution was sought given the cordial and respectful nature the Lindsay's have towards our entire community.

Sincerely,

Melinda Culp

From: To: Cc: Subject:

Robbin Lindsay Michelle Schaetle A!yson lindsay Fwd: Letter

Date: Attachments:

October-24-16 9:20:35 PM imagel JPG

Hello Michelle,

One more letter of support from a neighbour two doors down on the right. Justine Lee is her name. Thanks for your assistance this evening.

Regards,

Robbin

Sent from my iPhone

Robbin Lindsay

Regional Builder Account Manager, Eastern Canada

Mitten Building Products

Ply Gem Industries, Inc.

SA 225 Henry St, Brantford, ON N35 7R4

Mobile: 519-771-0656

Email : Robbin [email protected]

Website: www.mjttenbp.com

Begin forwarded message:

From: Justine Lee <[email protected]> Date: October 24, 2016 at 7:04:28 PM EDT To: "Robbjn.l indsay@plygem .com" <[email protected]> Subject: Letter

Sent from my iPhone IMPORTANT NOTICE: Without the use of secure encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception, misuse and forging. Equitable cannot ensure the privacy and authenticity of any information sent by way of the public Internet. Equitable will not be responsible for any damages you may incur ifyou communicate confidential and personal information to us over the Internet or if we communicate such information to you at your request. This e-mail and any attachments are confidential, may be covered by legal professional privilege or

exempt from disclosure under applicable law, and are intended for the addressee only. If you are not the intended recipient, you are not authorized to and must not disclose, copy, distribute or retain any or part of this e-mail and any attachments without written permission ofThe Equitable Life Insurance Company of Canada.

!~l

-The TOWNSHIPof:- N 0 R1H D UMFRIES

Committee of Adjustment Meeting February 271h, 2017

PROPOSED MINOR VARIANCE Ayr Meadows Development 180 Northumberland, Ayr File No. A-11/16

RECOMMENDATION:


PD Report No. 09-2017


2) AND THAT Minor Variance A-11/16, be APPROVED as follows:

i) Relief from the maximum apartment units approved through Site Specific Zoning By-law Number 2715-15 with Exception 20.1.315 to the General Zoning By-law 689-83, from a total of 48 units (24 units in each of two apartment buildings) to a total of 62 units (31 units in each of two apartment buildings);

ii) Relief from Section 2.160 of General Zoning By-law 689-83, to permit a parking space size of 2.75 by 5.5 m (9 by 18ft), whereas the General Zoning By-law specifies a requirement of 3 by 6 m (10 by 20ft); and

iii) Relief from Section 6.13.3 of General Zoning By-law 689-83, to permit off-street parking at the zero lot line for the rear lot line and the side lot line, whereas the General Zoning By-law · requires 1.5 m (5 ft).

1. PURPOSE:

The subject application was presented at the December 5, 2016 Committee of Adjustment Meeting. At that time a Motion was supported to defer the application to demonstrate that sufficient parking could be provided to accommodate the proposed increase in the number of residential units.

\\. ~

21Page


The purpose of this Report is to update the Committee of Adjustment on information that has arisen since December 5, 2016, and to advance a Recommendation for the Committee's consideration on the merits of the application filed by Ayr Meadows Development for a minor variance for the property situated at 180 Northumberland Street, within Ayr.

2. BACKGROUND


Application(s) A-11/16 Related File(s) SP 08/16 Owner: Ayr Meadows Development Inc. Applicant(s): Ayr Meadows Development Inc. Agent(s): Facet Design Studio Legal Description: DUMFRIES CON 8 PT LOT 36 RCP 679 PT LOT 1 RCP

681 PT LOT 11 RP 58R 18964 PTS 1 TO 4 RP 58R 18869 PTS 1 TO 3

Civic Address: 180 Northumberland St, Ayr Assessment Roll No.: 3001-010-001-01100

Public Meeting (date/time): Monday December Sth, 2016 -7:00pm

Location: Dumfries Room, North Dumfries Community Complex 2958 Greenfield Road, Avr, ON NOB 1EO


The subject property is located on the west side of Northumberland Street, south of St. Brigid School, and immediately north of the CP Rail Line in the geographic Township of North Dumfries. The property is municipally addressed 180 Northumberland Street, Ayr.

The conceptual location of the property is identified on the key map below.

The subject lands have a road frontage on Northumberland Street of approximately 162 m (531 ft) and a corresponding lot area of approximately 4.43 hectares (10.95 acres).

The subject property was formally used by Schneider Foods (subsequently Maple Leaf Foods) as a food manufacturing and processing plant. The plant was closed in 2013 and the original buildings were demolished in fall 2013. The property is currently vacant.

There are no environmental features on the subject lands.

31Page



There is presently one access from Northumberland Street.

Key Map


The surrounding lands consist of single detached residential dwellings to the west, the CP Rail line to the south, and St. Brigid School to the north.


The subject lands are the site of the proposed Ayr Meadows Development of approximately 86 townhouses, two apartment buildings, and a small-scale commercial retail plaza.

41Page

PD Report No. 09-2017 February 27 1 h, 2017

A Zoning By-law Amendment with Special Exception 20.1.315 (File No. ZC-15/14, Bylaw Number 2715-15) was approved to permit a mix of housing types and commercial uses. Exception 20.1.315 provides specific criteria for the development including a total maximum unit count for two apartments of 48 units (24 units in each apartment). The applicant is now proposing to increase the total number of units to 62 units (31 units each of the two apartments). The footprint and height of the apartment buildings will not change, only the number of units internal to each apartment building.

Site Specific Zoning By-law Number 2715-15 has been enclosed, as well as the site plan recently circulated and under review as part of the Site Plan Application.

Section 6.13.5 of the General Zoning By-law requires 1.5 parking spaces per dwelling unit for an apartment. As the Owner proposes to pursue in time severances to separate each of the two apartment blocks from the balance of the property, the equivalent of 47 off-street parking spaces per apartment building will be required.

Subsequent to the December 5, 2016 meeting the site plan has been revised and is provided in Attachment 1. A total of 94 parking spaces have been provided (47 stalls per apartment block). In order to address the requirements for additional parking the following revisions were made:

• A parking space size of 2.75 by 5.5 m (9 by 18ft) has been provided, whereas the General Zoning By-law specifies a requirement of 3 by 6 m (10 by 20ft). Larger parking spaces have been provided for barrier-free parking. An additional minor variance provision has been added to reflect the size of a reduced car park stall; and

• Parking has been added along the boulevard and adjacent to the fire route between the two apartment buildings. The two apartment buildings could ultimately be severed from each other resulting in these parking spaces being located at the zero lot line. A minor variance been added to permit parking at the zero lot line, as Section 6.13.3 of the General Zoning By-law states that where there are more than four off-street parking spaces they must be at least 1.5 m (5 ft) from any lot line.

2.5 Planning Act

Section 45 (1) of the Planning Act sets out criteria to be considered when reviewing minor variance applications. The Committee of Adjustment may authorize such minor variance from the provisions of the Zoning By-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure.

The criterion to be used by the Committee in the evaluation of a minor variance

51 Page

PO Report No. 09-2017 February 27 1 h, 2017

application is as follows:

i) Is the general intent and purpose, in the opinion of the Committee, of the Official Plan maintained;

ii) Is the general intent and purpose, in the opinion of the Committee, of the Zoning By-law maintained;

iii) Is the proposed variance desirable for the property and is it compatible with adjacent uses and properties; and,


3. PLANNING POLICY:


The subject lands are within the Built-Up Area of the Ayr Township Urban Area as per Map 3e of the Regional Official Plan. The primary role of Township Urban Area is to serve as the focus for social, cultural and economic development activities within the Township. Section 2.0.1 of the Regional Official Plan sets out General Development Policies to be applied in reviewing development applications.

The subject proposal supplements and meets the general intent of these policies, such as supporting the Planned Community Structure and contributing to the creation of complete communities.


The subject lands are identified as being located within the Built-Up Area of the Ayr Urban Area on Map 2 of the Official Plan.

Official Plan Amendment 29 (File OPA-04/14) was approved in September 2015 to designate the subject lands as Urban Residential and Ancillary to permit townhouses, apartments, and small-scale commercial uses.

The subject proposal conforms to the Official Plan Amendment.


The General Zoning By-law 689-83 was amended in September 2015 from Z.9 (Industrial) to Z.4d (Residential) and Z.6 (Commercial) to provide for a range of

61Page


apartment units, townhouses, and commercial uses. Site specific provisions outlined as part of Exemption 20.1.315 restrict the number of apartment units to a total of 48 units for the site (24 units in each of the two apartment buildings). A minor variance is required to increase the total number of units to 62 (31 units in each of the two apartment buildings). As noted in the Development Overview section above, additional variances are required for a reduction in the parking stall size and to allow for parking at the zero lot line.

4. CONSULTATION

4.1 Public Correspondence

As of the date of preparing this Report for inclusion in the February 27, 2017 Committee of Adjustment Meeting Agenda, no correspondence has been received from members of the Public.

4.2 Agency Correspondence

As of the date of preparing this Report for inclusion in the February 27, 2017 Committee of Adjustment Meeting Agenda, the following comments have been received from circulated Township staff and other government agencies:

i) Township of North Dumfries: Fire Department: No concerns

ii) Waterloo Region District School Board: No concerns

iii) Region of Waterloo: No Comments Requested Notice of Decision

5. PLANNING ANALYSIS AND RECOMMENDATION

Staff have attended the site and conducted an assessment of both the property and adjoining landholdings. Staff have also reviewed the applicable provisions of the Official Plan and General Zoning By-law in the context of the request to increase the unit count in each apartment building.

In the context of the preceding paragraph, staff recommend to the Committee of Adjustment that the variance as requested be APPROVED.

71Page


Staff's planning opinion is based upon the following:

i) The general intent of both the Official Plan and Zoning By-law are maintained;

ii) The subject development has undergone an extensive consultation process for the Official Plan Amendment and Zoning By-law Amendment, and continues to be reviewed through the Site Plan process;

iii) The proposed variance is desirable for the property and is compatible with adjacent uses and properties; and ·

iv) A change in the number of units within each apartment building that does not impact the overall footprint of the development is considered minor in nature.

Staff do not believe that Conditions to the granting of the minor variance are necessary or required.

4. ATTACHMENTS

1. Revised Site Plan dated February 13, 2017

For further information on the contents of this Report, please contact Michelle Schaefle, Township Planner, at 519-632-8800 ext. 132 or via email at msc haefle@northd umfries.ca

Report Prepared By,

Michelle Schaefle, BES

Planner


Andrew McNeely, RPP

Chief Administrative Officer

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PLOT DATE: 2016/12/21 TIUE: 4:41 Pl.l


CONSENT APPLICATION B-04/16 MINOR VARIANCE APPLICATION A-12/16 GSP Group Inc. on behalf of Gord Willms 3429 Roseville Road

RECOMMENDATION:




2) THAT Consent Application B-04/16 being a request to sever the property at 3429 Roseville Road resulting in two parcels 0.33 hectares (0.8 acres) in size, be APPROVED subject to the following conditions:

i. That a Reference Plan as prepared by an Ontario Land Surveyor illustrating the newly proposed lot lines be prepared to the satisfaction of the Township of North Dumfries;

ii. That the Owner pays the Township any outstanding taxes in full on the property;

iii. That the Region of Waterloo receives a copy of a completed Archaeological Assessment and a letter of acknowledgement from the Ministry of Tourism, Culture and Sport indicating that an Archaeological Assessment of the lands proposed to be severed has been completed to the Ministry's satisfaction;

iv. That the applicant/owner submit a scoped hydrogeological study prepared by a qualified expert to the satisfaction of the Region of Waterloo and the Township of North Dumfries that demonstrates that each of the proposed lots can adequately accommodate a septic system and potable well;

v. That the applicant/owner apply for and enter into a Development Agreement with the Township of North Dumfries that will satisfactorily address amongst other matters: building footprint including finished floor elevation; lot grading and drainage;

21P age

PD Report No. 06-2017 February 27 111 , 2017

driveway access; tree preservation; well and septic locations; any impacts on inter-connections with the Roseville Road right-ofway;

vi. That an architectural design brief be prepared by a qualified expert and submitted to the Township of North Dumfries for approval. The design brief shall address the massing elevations of the dwelling; exterior building materials; roof pitch and design; plans and design of the garage and accessory structures; window and door treatments. The objective is to create a new building(s) that are complementary to the adjacent heritage building. The architectural brief shall inform the future building permit process and be registered against the title of the subject lands;

vii. That the applicant/owner provide a legal survey to the satisfaction of Energy+ Inc. showing the existing property, existing easements, existing dwelling, existing hydro poles, anchors, secondary hydro wire-feed to the existing dwelling, proposed severance, proposed dwellings, proposed driveway, proposed electric plant. The survey must include dimensions. The Applicant is cautioned that a minimum clearance between the proposed driveway entrance and existing poles, guy wires and anchors is 1.5 metres;

viii. That the applicant/owner will be responsible for 100% of the cost to service the new lot. The applicant/owner will be responsible for all costs to re-locate or upgrade if required by Energy + Inc. The applicant/owner must demonstrate that servicing can be required and may be required to enter into an agreement with Energy + Inc. to establish the conditions and costs to provide electrical service to each of the proposed retained and severed lot, to the satisfaction of Energy + Inc. As per the latest Current Conditions of Service, only one service per property is permitted;

ix. All easements must be approved and registered at the owner's expense, to the satisfaction of Energy+ Inc.;

x. The owner/applicant pays the Township the sum of $4,750 as cash-in-lieu payment for the provision of parkland as permitted under Sections 42 and 53 of the Planning Act;

xi. The payment of $295 as the Township Administration Fee;

31Page

PO Report No. 06-2017 February 27t 1', 2017

xii. That Minor Variance Application A-12/16 is approved; and

xiii. That the above conditions must be fulfilled and the Document for Conveyance ("Certificate of Consent") be completed by the Secretary-Treasurer of the Council within one (1) year of the date of written decision pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approvals shall lapse.

3) AND THAT Minor Variance Application A-12/16, be APPROVED as follows:

i. For the severed lot, to permit a lot area of 0.33 hectares whereas the General Zoning By-law 689-83 requires a minimum lot area of 0.4 hectares; and

ii. For the retained lot, to permit a lot area of 0.33 hectares whereas the General Zoning By-law 689-83 requires a minimum lot area of 0.4 hectares.

Subject to the following condition:

a) That the Document for Conveyance ("Certificate of Consent") for Consent Application B-04/16 is issued by the Secretary-Treasurer for the Committee of Adjustment and the severed and retained lots are registered.

1. PURPOSE:

The purpose of this Report is to solicit comments from interested members of the public and agencies, and to advance a Recommendation for the Committee's consideration on the merits of the application filed by GSP Group Inc. on behalf of Gord Willms for a consent application and an associated minor variance application to facilitate the creation of a new lot at 3429 Roseville Road, in the Settlement of Plumtree.

This Report will:

• provide an overview of the proposed development;

• confirm present provincial, official plan and zoning policies for development of the subject property;

• solicit comments from interested members of the public and government agencies on the proposed severance application; and

• provide a recommendation to the Committee on the merits of the application.

41Page


For the purposes of simplifying matters, both the Minor Variance and Consent Applications are being held as a consolidated Public Hearing .

2. BACKGROUND


Application(s) Consent Application B-04/16 Minor Variance Application A-12/16

Related Application(s) None Owner(s) : Gord Wilms Applicant( s )/Agent( s) : GSP Group Inc. Legal Description : CON 11 PT LOT 37 Civic Address: 3429 Roseville Road, Township of North Dumfries Assessment Roll No.: 300102000606000

Public Meeting: Public Meeting - Monda)£ Februa!:)l 27th1 7:00 ~m

Location : MacNeil Hall, North Dumfries Community Complex 2958 Greenfield Road, Ayr, ON NOB 1EO


The subject property is located in the Settlement of Plumtree with a civic address of 3429 Roseville Road.

The property is currently occupied by a single detached dwelling, which was built in 1870 and is listed on the Township Heritage Registry. The subject lands currently have a road frontage of 94 m (308 feet), a depth of 75 m (246ft), and a lot area of 0.67 hectares (1 .65 acres).

Natural features on the subject lands consist of a hedgerow of trees, primarily located at the front of the proposed severed lot.

Roseville Road is owned by the Township of North Dumfries between Trussler Road and Northumberland Street.

The property is serviced by Private water and septic services.

51 Page

PD Report No. 06-2017 February 27 111 ,2017

Location Map and Aerial Photograph

61Pa g e

PD Report No. 06-2017 February 27 111

, 2017

Site Photographs

Photograph 1: Existing dwelling on the proposed retained lot

Photograph 2: Hedgerows primarily located at front of proposed severed parcel

71P a ge

PD Report No. 06-2017 February 27t 11 , 2017

Photograph 3: Tress and opening located at front of proposed severed lot

Photograph 4: Designated heritage dwelling adjacent to proposed retained lot

81Page



The subject lands are located in a rural settlement area, surrounded by non-farm single detached residential lots and agricultural lands. West of the subject lands is the Detweiler Mennonite Meetinghouse built in 1855 and the Roseville Cemetery, established in 1830, which have been designated by the Township of North Dumfries. The Meetinghouse is approximately 15m (48ft) from the lot line.

In order to ensure that any new development is compatible with the rural and historical character of the area and in particular the adjacent heritage home, as a condition of approval, the Committee may request an architectural design brief to inform the future building permit process and to be registered on title.

The following information on lot sizes in Plumtree Settlement Area was provided by GSP Group Inc.:

Municipal Address Parcel Size Subject Lands 6700 sq m (0.67 ha)

3445 Roseville Road 4901 sq m (0.49 ha)









A letter dated November 15, 2016 was submitted by GSP Group Inc. outlining the Planning Justification for the proposed consent and minor variance applications; it is attached as part of the applications.

The applicant is proposing to create one new lot, in which the retained lot and severed lot would each have an area of about 0.33 hectares (0.8 acres) in size. Each lot would have a frontage of approximately 47 m (154ft).

91Pa g e


Illustration of Proposed Consent Application:

ROSEVILLE ROAD (ROAO ALLOWANCE BETWEEN CONCESSIONS 11 & 12)

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' LOT .37 CONC£SSIO/'I

46.6S7 I -- ------ 43.869 90.$56

11179'39'00"( l -A (;RICUL TURA L

A Minor Variance has been requested for the severed parcel as follows:

• To permit a minimum lot area of 0.3 hectares whereas the Zoning By-law requires a minimum lot area of 0.4 hectares

A Minor Variance has also been requested for the retained parcel as follows:

• To permit a minimum lot area of 0.3 hectares whereas the Zoning By-law requires a minimum lot area of 0.4 hectares

~ ~ ~ ..?

--

• To permit an accessory building with a lot coverage of 8% whereas the Zoning By-law requires a maximum floor area of 3% (based on total lot coverage)

101Page


An increase in lot coverage for an accessory structure has been requested in order to provide for flexibility for the owner to build a new garage of approximately 205 sq m (2,206 sq ft) on the retained parcel, in which personal recreational vehicles could be stored. A lot coverage of 8% translates to 264 sq m (2,840 sq ft). A 3% lot coverage would equate to 100 sq m (1 0.8 sq ft). Accurate information has not been provided by the applicant on exactly what is proposed or how the increase in lot coverage would be compatible in the context of the proposed severed lot and in the context of the neighbourhood.

The following provides an illustration of what an 8% increase in lot coverage would equate to with respect to the proposed retained parcel:

111 Page

PO Report No. 06-2017 February 27 111 , 2017

3. PLANNING POLCIES

3.1 Planning Act

Section 51 (24) of the Planning Act sets out criterion to be considered when assessing the merits of a Consent application. Specific to this proposal, relevant criterion include:

(a) the effect of development on matters of provincial interest

(b) whether the development is premature or in the public interest

(c) whether the development conforms to the official plan

(d) the suitability of the land for the purposes for which the lands are to be

severed

(f) the dimensions and shapes of the proposed lots

(i) the adequacy of utilities and municipal services

Section 45 (1) of the Planning Act sets out criteria to be considered when reviewing minor variance applications. The Committee of Adjustment may authorize such minor variance from the provisions of the Zoning By-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure. The criterion to be used by the Committee in the evaluation of a minor variance application is as follows:





3.2 Growth Plan for the Greater Golden Horseshoe 2006

The Growth Plan for the Greater Golden Horseshoe was prepared under the Places to Grow Act. A decision made under the authority of the Planning Act must conform with the Growth Plan. Applicable policies include, but are not limited to:

• 2.2.2 Managing Growth: Population and employment growth will be accommodated by:

o Directing a significant portion of new growth to the built-up areas of the community through intensification

121 Page

PO Report No. 06-2017 February 27 111 , 2017

o Directing development to settlement areas, except where necessary for development related to the management or use of resources, resourcebased recreational activities, and rural land uses that cannot be located in settlement areas

o Directing major growth to settlement areas that offer municipal water and wastewater systems and limiting growth in settlement areas that are serviced by other forms of water and wastewater services

*Settlement areas are defined as including both urban areas and rural settlement areas

3.3 Provincial Policy Statement

A decision of the council of a municipality, a local board, commission or agency of the government shall be consistent with policy statements including the Provincial Policy Statement (PPS).

Applicable policies from the 2014 PPS include, but are not limited to:

1.1.3 Settlement Areas

• 1.1.3.1: Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted

• 1.1.3.2: Land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which: efficiently use land and resources are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available

• 1.1.3.4: Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety

1. 1.4 Rural Areas in Municipalities

• 1.1.4.2: In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted

• 1.1.4.3: When directing development in rural settlement areas in accordance with policy 1.1.3, planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels

13jPage

PD Report No. 06-2017 February 27 11

', 2017

2. 6 Cultural Heritage

• 2.6.2: Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved

• 2.6.3: Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved


On Map 7 of the Regional Official Plan the lands are designated as Countryside, Prime Agricultural. The policies in Section 6.G (Countryside Settlements) are applicable, which states that Settlement Areas are not identified in the Regional Official Plan, but are to be designated in Area Municipal official plans.

Policy 6.G.6 states that development applications may be approved provided that any new lots can be appropriately serviced by private wells and individual wastewater treatment systems. In this regard, the Region has requested as a condition of approval, a scoped hydrogeological study.

Similar to the PPS, there are several policies on cultural heritage and archaeology. Given the proximity to the Roseville Cemetery and the designated Heritage Dwelling adjacent to the west of the subject lands, the Region has request an Archeological Assessment to be cleared by the Ministry of Tourism, Culture and Sport.


The subject lands have the following designations:

• Map 2- Planned Township Structure: Rural Settlement

• Map 2.18 - Plumtree Settlement Area: Settlement Residential and Ancillary

• Map 7 -The Countryside: Prime Agricultural

The Settlement Residential and Ancillary designation is intended to provide for primarily low density residential development within Rural Settlement Areas.

141 Page

PD Report No. 06-2017 February 27 11', 2017

Most applicable is Policy 2.9.1.4 under Rural Settlement Areas:

• The Township may approve development proposals within Rural Settlement Areas and Rural Employment Areas provided that:

o any new lots can be appropriately serviced by private wells and individual wastewater systems;

o any new development is compatible with the surrounding land uses in form and function; and

o the development proposal conforms to all other applicable policies of this Plan.


The subject lands are located within Zone 2a (Residential), which permits single detached residential dwellings. The minor variances outlined above are being requested to seek relief from provisions in the Zoning By-law.

4 CONSULTATION


As of the date of preparing this Report for inclusion in the February 271h, 2017 Committee of Adjustment Meeting Agenda, no correspondence has been received from members of the Public.


As of the date of preparing this Report for inclusion in the February 271h, 2017 Committee of Adjustment Meeting Agenda, the following comments have been received from circulated Township staff and other government agencies:

i) Township of North Dumfries:

• Fire Department: No concerns

• Building Department: No concerns

• Community Services: No concerns

• Township Engineering:

o The proponent must demonstrate how overland drainage will be provided for the created lot. Overland drainage from the new lot cannot be drained onto adjacent properties or toward the retained lot

151Page

PD Report No. 06-2017 February 27 111 ,2017

and in a similar manner the retained lot cannot drain toward the created lot.

o The proponent shall provide a plan showing the location of well(s) and septic system(s) of the retained lot and show that the newly created lot can be serviced.

ii) Region of Waterloo:

• No concerns with Minor Variance Application A-12/16

• No objection to the creation of a new lot subject to the following conditions:

o That prior to final approval, the Region receives a copy of a completed Archaeological Assessment and a letter of acknowledgement from the Ministry of Tourism, Culture and Sport indicating that an Archaeological Assessment of the lands proposed to be severed has been completed to the Ministry's satisfaction; and

o That prior to final approval, the owner submits a scoped hydrogeological study to the satisfaction of the Region of Waterloo that the proposed lot can adequately accommodate a septic system and potable water well.

iii) Energy+ Inc:

• No concerns with Minor Variance Application A-12/16

• Conditions requested for Consent Application:

o That the applicanUowner provide a legal survey to the satisfaction of Energy+ Inc. showing the existing property, existing easements, existing dwelling, existing hydro pole, anchors, secondary hydro wirefeed to the existing dwelling, proposed severance, proposed dwellings, proposed driveway, proposed electric plant. The survey must include dimensions. The Applicant is cautioned that a minimum clearance between the proposed driveway entrance and existing poles, guy wires and anchors is 1.5 metres.

o That the applicanUowner is responsible for 1 00% cost to service the new lot. The applicanUowner will be responsible for all costs to relocate or upgrade if required as a result of the Consent Application. Energy + Inc. The applicanUowner must demonstrate to the satisfaction of Energy+ Inc. that servicing can be provided. As per Current Conditions of Service, latest edition, only one service per property is permitted. Allow minimum 1 month for Energy+ Inc. to process an estimate.

161 Page

PO Report No. 06-2017 February 27t 11 , 2017

o All easements must be approved and registered at owner's expense, to the satisfaction of Energy+ Inc.

iv) Grand River Conservation Authority:

• No concerns

5. PLANNING ANALYSIS AND OPINION

Staff have attended the site and conducted an assessment of both the property and adjacent landholdings. Staff have also reviewed the applicable provisions of the Planning Act, Provincial Growth Plan, Provincial Policy Statement, Regional Official Plan, Township of North Dumfries Official Plan and General Zoning By-law in the context of the request for the proposed consent and minor variance proposals.

In the context of the preceding paragraphs, staff recommend to the Committee of Adjustment that the Consent Application and the Minor Variance to permit a reduced lot area of 0.33 hectares be APPROVED subject to the conditions noted in the Recommendations Section at the beginning of this Report. Staff's planning opinion is based upon the following:

i) The proposed consent and minor variance application for a reduced lot area conform to the Growth Plan, Provincial Policy Statement, Region of Waterloo Official Plan, Township of North Dumfries Official Plan and General Zoning By-law 689-83;

ii) The subject lands are suitable for the proposed purpose provided that the requested conditions with respect to servicing, cultural heritage, and archaeology can be fulfilled;

iii) The dimensions and shapes of the proposed lots are in character with surrounding land uses in the Plumtree Settlement Area; and

iv) The minor variance for a reduced lot area is considered minor in nature.

With respect to the Minor Variance to allow an increase in lot coverage for accessory buildings from 3% to 8% be DENIED, as it is the opinion of staff that:

i) The applicant has not provided sufficient and accurate details on what is proposed to demonstrate that an 8% increase in lot coverage is compatible with the neighbourhood; and

ii) A garage at a size of approximately 205 sq m (2,206 sq ft) and possibly up to 265 sq m (2,840 sq ft) is not considered desirable for the property and is not considered minor in nature.

17jPage


6. FINANCIAL IMPLICATIONS

The consideration of this Report does not affect the 2017 Budget at this time. The owner is responsible for all registrations and survey costs associated with the severance of the lands.

7. ATTACHMENTS

1. Application for Consent B-04/16 and A-0 12/16

2. Agency and Department Comments


Report Prepared By,



An cNee~,RPP Chief Administrative Officer

-The TOWNSHTP of--NORTH DUMFRIES

COMMITTEE OF ADJUSTMENT

[ APPLICATION FOR CONSENT • No.:

Planning Department 2958 Greenfield Road

A~. ON NOB 1EO I

Pursuant to Section 53 of the Planning Act, RSO. 1990, as amended, an application for Consent is hereby submitted, and enclosed is the Prescribed Information (in metric), as per Ontario Regulations 197/96 & 505/98, and the current application fee. Please consult the

current fee schedule.

Consultation with Township staff Is encouraged prior to submission of this application.

Submission reaulrements: • 12 paper copies of application form (including original) • 12 copies of a detailed conceptual plan and/or site plan • 1 electronic pdf copy (flash drive) of all forms, legal documents and technical reports

submitted with this application.

1. a) Name of Applicant....;;G;.;:.o;,:rd...:..W.:..;.;II;.;.;.Im;.;;.s _________ Phone No. 519-893-9111

Fax No. ________ Email Address---------------

Address 95 Roehampton Court, Kitchener Pos~ICode _N_2A_3K_7 ___ __

b) Name of Authorized Agent_GS_P_G_ro.....:.up_ln_c_. ____ Phone No. 519-569-8883

Fax No. --------Email Address [email protected]/[email protected]

Address 72 VIctoria Street South Suite 201, Kltchener Posta1Code _N_2G_4v_e ___ _

c) Name of Owner _G_ord_ w_n_rms ___________ Phone No. 51 9-893-9111

Fax No. ________ Email Address -------- -------

Address 95 Roehampton Court, Kltchener Postal Code _N2_A_3_K7 ____ _

2. Legal description of sublect lands: Civic Address (No., Unit & Street Name) _34_2_9_R_ose_v_ll_le_R_oa_d __________ _

Township Lot _P_art_o_f_Lo_t_37 ________ Subdivision Lot----------

Concession/Rangerrract _1_1 ________ Former Municipality ___ __ _

Registered Plan No. ______ Lot No. _____ Block No. _____ _

Reference Plan No. ___ ___ Part No.

Assessment Roll No(s): 3001 o2oooo5osooo , ..._3.::.;00.._1:..------------

3. Type and purpose of the proposed Consent transaction:

0 Creation of a new lot

0 Lot Addition (with this, provide the Roll No.s of the receiving parcel(s) being enlarged)

~30~0~1~---------------------·~30=0~1_-__________________________ _

D easement D right of way D mortgage/charge D lease D correction of title.

With this, provide a description the cause and effect of the easement, right of way, mortgage/charge, lease or correction of title being sought by the Consent.

4. Name of the recipient to whom land or interest is to be transferred, leased or charged to:

(if known) _N_IA _________________________ _

5. Description of existing easement(s) or restrictive covenants on the subject lands:

None.

2

6. Please describe the subject lands by providing the following information:

Parcel Data Severed Lands or Lot Retained Lands or Lot Frontage (m) 47.095 m 47.095 m

Depth (m) 72.583 m 74.676 m

Area (sq.m or ha) 3346 sq.m ~346 sq. m

Primary: Vacant Primary: Residential

Existing land uses Secondary: Secondary:

' -Principal: vacant Principal:

Existing build lng/structu res Accessory: vacant Accessory: Barn

-Primary: N/A Primary: Residential

Proposed land uses Secondary Secondary:

-Principal: N/A Principal:

Proposed building/structures Accessory: Accessory: Bam

-D provincial Highway D provincial highway

Type of vehicle access

[i] municipal road [i] municipal road

and Roseville Road Roseville Road

Name of thoroughfare 0 right-of-way D right-of-way

D water access D water access

!J municipal watermain bJ municipal watermain Water service D communal source D communal source

Dwell E) well D cistern D cistern D other 0 other

!J municipal sewer b) municipal sewer Sanitary service D communal system D communal system

D septic system ~ septic system

3

!J holding tank D other

LJ holding tank 0 other

7. a) Official Plan designation(s) and policies affecting these lands: --------

Rural Area/Agricultural

b) Current Zone(s) and regulations affecting of these lands: _z2_A _ _ ______ _

8. Are the subject lands or have the subject lands ever been the subject of an application for a Plan of Subdivision or Consent under the Planning Act? 0 yes or [i] no

If known, list File No.(s) ----------------------

and decisions--------------------------

9. Please note any previous Consents (i.e. severance history) of the subject lands acquired

bytheowner: _u_n_kn_aw_n _________________________ __

10. If these lands have been the subject of a previous severance by the owner, please note

the File No.(s) and date of the Consent .;;;.u,;,;,:nk...;.;n.:..;ow.;..;.n;.__ _____________ _

the name of recipient(s) of the severed lands---------------

11. List all other planning applications relevant to the subject lands _u_nk_n_ow_n _____ _

4

12. If yes to Entry No. 11, list their File No.s ----------------

and the application's status (i.e. in review, approved) -------------

13. Please also include a detailed plan accurately illustrating the following for both the severed lands and retained lands:

a) the legal description of the subject property; b) location of the subject property in relation to the nearest township lot or other landmark: c) boundaries and dimensions of the subject lands in relation to the subject property; d) boundaries and dimensions of the subject lands showing the severed/retained parts; e) location, size, type of all existing building, structures, uses and their setbacks from

existing lot lines, driveways, parking/loading spaces, infrastructure and utilities; f) location, size, type of all proposed buildings, structures, uses and their setbacks from

proposed lot lines, driveways, parking/loading spaces, infrastructure and utilities; g) location of natural & artificial features on this lot and abutting lands (e.g. ponds, trees,

shrubs, watercourses, valleys, wetlands, woodlands, fences, topography, grades, etc.); h) existing uses on adjacent lands (e.g. residential, agricultural, aggregate, industrial,

commercial, institutional, recreational, parks, etc.); i) location, width and name of roads whether private, open, unopened; j) water access (i.e. dock and parking area); and, k) location and description of easements, rights-of-way and encroachments.

14. Identify whether the application is consistent with the policy statements issued under subsection 3 (1) of the Act (see Schedule 1-15 of OReg 197/96).

~ yes or D no and explain why or why not----------------

0 Date/Author of the Report November 15, 2016, Planning Justification Letter prepared by GSP Group

15. Identify whether the subject land is within an area of land designated under any provincial plan or plans (see Schedule 1-16 of OReg 197/06). Please note that only a portion of the Growth Plan for the Greater Golden Horseshoe (i.e. Beverly Swamp) applies to the Township of North Dumfries.

D yes or 0 no

16. If the answer to Entry No. 15 is yes, explain whether the application conforms to or does not conflict with the provincial plan or plans (see Schedule 1-17 of OReg 197/96).

5

D Date/Author of the Report-------------------

17. Written authorization from the owner has been provided if the applicant is not the owner.

0 yes or D no

18. An affidavit or sworn declaration, that the above described Prescribed Information has

been provided and is complete and true.

....> ~nature of Owner (s) _-

/ JnL/1.1 ifL -~ Signature of Owner (s)

Signature of Owner (s)

Dated this ---'/'-'-5 _______ day of 0ou e=u.-t.-nda. ' 201 b -=-----

NOTE: All correspondence related to this application is provided to the Applicant, Owner and Agent.

6

Sworn Declaration as per Entry No. 18 of the Application

of the /A:""o/ 1, f,r'?,1.vooJ Fuwt,J~

of K~IC!-leve.IZ.. in the Province of Ontario, solemnly declare that all

the statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the CANADA EVIDENCE ACT.

Sworn before me at the

in the Province of Ontario

l L_ -'rh . this _ ____,.-=:7:....__ __ day of N o ~v-e m b 't" r 20 fu.

Signature of Owner or Authorized Agent

~Jd.fa Commissioner, elc. Stamp

Kristen Alexia Bar1sdale, a Commissioner, etc., Regional Mmlclpallty of Waterloo, for GSP Group Inc.

Expires February 22, 2019.

7

SUBMISSION CHECKLIST

Have you pre-consulting with Township Planning staff? If so, who did you speak with?

Iii Current fee.- cash or Cheque payable to the Township of North Dumfries (see fee schedule)

rn 1 original and 11 copies of completed and signed application form are required

~ Written authorization by the Owner is required if the application is signed by an applicant, agent or solicitor on their behalf.

[E) 12 copies of a detailed conceptual plan and/or site plan

8

fOR STAFF USEJ

Technical Information and Studies Required by the Township

In determining the merits of the Planning Act Applications associated with your development proposal, the Township may request the following documents to be prepared to address the matters of Provincial and Municipal Interest. The Township will require 12 paper copies and 1 electronic pdf copy (flash drive) of all forms and documents indicated below.

Required Documentation

a. Prescribed Application and Fee as per the Planning Act Dyes

b. Planning Impact Analysis Report D ves c. Functional Engineering , Servicing & SWM Report Dyes d. Traffic Impact Analysis Dves

e. Hydrogeological Report Dves f. Geotechnical/Soils Report Dyes

g. Environmental Impact Study Dyes h. Tree Protection & Landscaping Plan D vas i. Floodplain Analysis Dyes

j. Land Use Compatibility Assessment Dves k. Noise and Vibration Report D ves I. Record of Site Condition D ves

m. Agricultural Impact Assessment Report Dyes n. M DS calculations D ves

o. Archaeological Assessment Dves p, Heritage Impact Assessment Dves

q. Market Feasibility Study Dyes r. Financial Impact Analysis D ves

s. Draft Policies Exemptions and/or Schedules D ves

t. Other information: Dves

Applicant I Owner I Agent Informed: D yes. Date: --------------

Informed by: D phone. D letter/email. TND Staff: --------------

9

-TheTOWNSHIPoJ---NORTH DUMFRIES

COMMITTEE OF ADJUSTMENT Planning Department

2958 Greenfield Road Ayr, ON NOB 1 EO

I MINOR VARIANCE APPLICATION NO.

Pursuant to Section 45 of the Planning Act, RS0.1990, as amended, an application for relief from the Township Zoning By-Law No. 689-83 is hereby submitted, and enclosed is the Prescribed Information (in metric), as per Ontario Regulations 200/96 & 508/98, and the

current application fee. Please consult the current fee schedule.

Consultation with Township staff Is encouraged prior to submission of this application.

Submission requirements:

1.

• 12 paper copies of application form (including original) • 12 copies of a detailed conceptual plan and/or site plan ~t 1 electronic pdf copy (flash drive) of all forms, legal documents and technical reports


a) Name of Applicant _G_o_rd_Wi_lll_m_s ---------Phone No. 519-893-9111

Fax No. _______ Email Address-- -------------

Address 95 Roehampton Court, Kitchener Postal Code ..;_;;N2A::..:....;;3;.;..;.K7;__ __ _

b) Name of Authorized Agent _G_sP_Gro_u_P_1n_c_. ____ Phone No. _5_19_-569-8 __ 88_3 ___ _

Fax No. Email Address [email protected]/SCO<[email protected] -----------Address 72 Victoria Street South Suite 201, Kitchener Postal Code N2G 4Y9 ------c) Name of OWner _Go_rd_W_I_IIms __________ Phone No. 519-893-9111

Fax No.--------Email Address------- - ------

Address 95 Roehampton Court, Kltchener Postal Code N2K 3K7 ------2. Legal description of sublect lands:

Civic Address (No., Unit & Street Name) _34_ 2_9_R_ose_ vi_lle_R_oa_d __________ _

Township Lot _P_a_rt o_f_Lo~t..;..37 ________ Subdivision Lot----------

Concession/Range/Tract _1_1 _________ Former Municipality _ ____ _

Registered Plan No. _____ Lot No. _____ Block No. ______ _

Reference Plan No. ______ Part No. _____ _

Assessment Roll No(s): 3001 o2ooooeo6oooo , ~3~00~1.!.-------------

3. Official Plan designation(s) of the subject lands: _R_u_ra_I_A_re_ai_A.:..gr_ic_ul_tu_ra_l --------

4. Current Zoning of the subject lands: _z_2A ________________ _

5. Nature and extent of relief requested from Zoning By-Law::

1. To permit a Minimum Lot Area of 0.3 hectares whereas Section 8.3.1 of the Township of North Dumfries Zoning By-law

689-83 requires a Minimum Lot Area of 0.4 hectares.

2. To permit an accessory building with a lot coverage of 8% whereas Section 8.3. 7 a) of the Township of North Dumfries

Zoning By-law 68Q-83 requires a maximum floor area of 3%.

6. Reasons why the proposed use cannot comply with the Zoning By-law regulations:

Please see attached cover letter.

7. Dimensions of subject lands:

Frontage (m)._94_.1_9_m _________ Depth (m)._ 74_.6_7_6_m ________ _

Area (ha)_0_.6_7_h_a __________ Street Width (m)_a;.:.;P..:.;..Pr...:...ox...:...· ...:...7...:..:m _____ _

2

8. Type of Vehicle Access and Name of Thoroughfare to subject lands: D provincial highway [B municipal road ---------

D right-of-Way---------D private lane----------

D water access __________ _

9. If access is via a water access, describe the nature and location of:

on-shore parking _________ , docking facilities ___ _____ _

and distance to the public roadway-------- -----------

10. Existing uses of the subject lands: ...;S::..:;In:.:sgc:.::le--=d.::..:et.::..:ac:.:..:.hed::..:::....:..re.::..:s;;.:::idc:..;en.;.:;ti.::;.al ___ _______ _

11.Are there existing buildings or structures on the subject lands: Q yes or D no

12. Describe the number and type of buildings or structures on the subject lands:

a) Principal Building/Structures: _s_in=-gl_e _de_ta_ch_e_d_dw_e_lli--=ng~------------

ground floor area (sq.m)._7_4·_7 __ , gross floor area (sq.m)._1_24_·9 __ , no. of storeys_2 __

width (m)._7 _ ___ , length (m)._1_2 ____ , height (m)._s ___ _

b) Accessory Building/Structures: _s_he_d ________________ _

3

13. Describe the proposed land uses: _N_o_ch_a_ng;:_e_to_e_x_lst_ln_g ____________ _

14.Are there new additions, buildings or structures proposed for the site : 0 yes or D no

15. Describe the number and type of new additions, buildings and/or structures:

a) New Addition to a Building/Structure:

Proposed ground floor area (sq.m) ____ , proposed gross floor area (sq .m) _ _ _ _

proposed no. of storeys __ , width (m) ___ , length (m) ___ , height (m) __ _

b) New Building/Structures: _o_a_ra_ge __________________ _

Proposed ground floor area (sq.m) , proposed gross floor area (sq.m) Approximat~ly 205 The following details have not been confirmed at this time.

Proposed no. of storeys , width (m) , length (m) , height (m) __ _

16. Date of acquisition of subject lands: _s....:.ep_te_m_be_r_2_, 2_0_16 ____________ _

17. Date of construction of all the buildings and structures on the subject lands (if known):

a) Principal Building/Structure: _1_8_66 __________________ _

b) Accessory Building/Structure: _1_aee _________________ _

18. Date of establishment/length of time the existing uses have continued on the subject

lands (if known): _1_50_Y_e_ars ______________________ _

19. Ty~ of Water Supply: D municipal watermain D communal well source W private well D cistern D other -------------------

4

20. Type of Sewage Disposal System: 0 municipal sewer 0 communal septic system

[i] private septic system 0 holding tank 0 other ------------

21. Type of Storm Water Drainage System:

0 municipal sewer 0 municipal ditch D overland swale 0 infiltration gallery

0 dry well or by D other (please describe) - ------------ -

22. Are these lands the subject of a current application under the Planning Act? (e.g. Consent, Plan of Subdivision, Official Plan Amendment, etc.) 0 yes or 0 no

23. If yes and known, list File No.s _N_o_,t y'-'-et,;_;a_ss_,ig"-n-=-ed-'-. - - - ------- - --- -

and Status (e.g. in process, approved) Submitted concurrently with this application

24. Have the subject lands ever been the subject of a previous Minor Variance application?

D yes -list File No. if known or ~ no

25. Please also include a detailed plan accurately illustrating the following:

a) the legal description of the subject property; b) location of the subject property in relation to the nearest township lot or other landmark; c) boundaries and dimensions of the subject lands in relation to the subject property; d) location, size, type of all existing building, structures, uses and their setbacks from

existing lot lines, driveways, parking/loading spaces, infrastructure and utilities: e) location, size, type of all proposed buildings, structures, uses and their setbacks from

proposed lot lines, driveways, parking/loading spaces, infrastructure and utilities: f) location of natural & artificial features on this lot and abutting lands (e.g. ponds, trees,

shrubs, watercourses, valleys, wetlands, woodlands, fences, topography, grades, etc.); g) existing uses on adjacent lands (e.g. residential, agricultural, aggregate, industrial,

commercial, institutional, recreational, parks, etc.); h) location, width and name of roads whether private, open, unopened; i) water access (i.e. dock and parking area); and, j) location and description of easements, rights-of-way and encroachments.

5


been provided and is complete and true. ~ [9' ' yes or .0 no

L~~~ ,tfJd s Signa e of Owner (s)

I 1/i/tt /


Dated this -'-"15=-------- day of f-..joue.u $er2.. ' 201_....h..___ __

NOTE: All correspondence related to this application Is provided to the Applicant, Owner and Agent.

6


ofthe &ry I, De/}A)oaJ J=L~wt!U:?,J( of l<:e-re.tten~e? in the Province of Ontario, solemnly declare that all



' C..:\~ of- ~·d n h-e rv-e ( of f2. e ~ \ or of \IV 0'~ r i o o


this \ S th day of N;.::," "eh"'l be r- 20 ( \p

c:f{n;:kj) G¥)l~/dot~commissioner, etc. Stamp

l<llsten Alolda Bmsdale, a Commissioner, etc., Reglonal Municipality of Waterloo, far GSP Group Inc.

Expires f1lbruary 22, 2019.

7



[XI $1,200 per lot or block to be created/adjusted, etc.- cash or Cheque payable to the Township of North Dumfries

Please note: any 2nd and subsequent lots that are subject to a Consent application are in conjunction with the initial application are $500.00 per application.

rn 1 original and 11 copies of completed and signed application form are required

~ Written authorization by the Owner is required if the application is signed by an applicant, agent or solicitor on 'their behalf.

rn 12 copies of a detailed conceptual plan and/or site plan

8

IF OR sr AFF usE!




a. Prescribed Application and Fee as per the Planning_ Act Dyes

b. Planning Impact Analysis Report D yes c. Functional Engineering, Servicing & SWM Report Dyes d. Traffic lmp_act Analysis Dyes

e. Hydrogeological Report Dyes f. Geotechnical/Soils Report Dyes

g. Environmental Impact Study Dyes h. T ree Protection & Landscaping Plan Dyes i. Floodplain Analysis Dyes

j . Land Use Compatibility Assessment 0 yes k. Noise and Vibration Report Dyes I. Record of Site Condition Dyes

m. Agricultural Impact Assessment Report 0 yes n. MDS calculations Dyes

0. Archaeological Assessment Dyes p. Heritag~ Impact Assessment D'j_es

q. Market Feasibility Study 0 yes r. Financial Impact Analysis Dyes

s. Draft Policies, Exemptions and/or Schedules 0 yes

t. Other information: 0 yes

Applicant I Owner I Agent Informed: Dyes. Date: --------------

Informed by: 0 phone. D letter/email. TND Staff: ----- -------- -

9

~ 1~~11 GSP j;JIA Jl ) I~

November 15, 2016

Township of North Dumfries 2958 Greenfield Road Ayr, ON NOB 1 EO

Attn : Mr. Andrew McNeely CAO

Dear Mr. McNeely:

Re: 3429 Roseville Road Proposed Consent and Minor Variance Applications

1.0 Introduction

SHAPII'-JG GREAT COMMUNITIES

File No: 16159.70

GSP Group is the planning consultant to the Owner of the property municipally known as 3429 Roseville Road and legally known as Part of Lot 31 Concession 11 Township of North Dumfries (herein referred to as the "Site"). We are pleased to file a Consent and associated Minor Variance Applications (herein referred to as the "Proposed Development") on behalf of our client.

The Site fronts onto Roseville Road with approximately 94 metres of frontage and a depth of 75 metres. The Site is approximately 0.67 hectares (1 .65 acres) and is occupied with a residential house and a portion of an old shed . The Site is located east of Trussler Road and west of Northumberland Street. The Site is located approximately 1 kilometer west of the Roseville Settlement Area. The Site is located adjacent single detached residential uses to the east and west and agricultural land to the north and south.

The Site is identified within the Plumtree Settlement Area and is designated Settlement Residential & Ancillary on Map 2.18 of the Official Plan. Rural Settlement Areas are intended to accommodate residential uses and are meant to provide for limited growth. The Site is zoned Z.2a which permits residential dwellings and accessory uses up to a maximum 3% floor area (which is based on total lot coverage) .

PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE

72 Victoria Street South , Suite 201, Kitchener, ON N2G 4Y9 519 569 8883 162 Locke Street South, Suite 200, Hamilton, ON L8P 4A9 905 572 7477 gspgroup.ca

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DETMJLER MEETING HOUSE

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ROSEVILLE ROAD (ROAD ALLOWANCE BETHIEEN CONCESSIONS 11 & 12)

47.095

PROPOSED SEVERANCE

3346 Sq.m.

P.I.N.

37

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RETAINED LANDS

3346 Sq.m.

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CONCESSION

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R£SIOE:NT7AL

11

SKETCH OF PROPOSED SEVERANCE

PART OF LOT 37 CONCESSION 11

Township of North Dumfries Regional Municipality of Waterloo Scale 1: SOO

10 $ 0 10 2<> JO~

AUER CAMPBELL & IMS SURVEY CONSULTANTS INC .

Ontario Land Surveyors

Metric - Distances shown on this plan ore in metres and can be converted to feet by dividing by 0.3048.

NOTE SEE SURIIEY BY G. RU£8. 0/.S. 75-18(2)

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A GR/CUL TURAL

SKETCH FOR - GORO llfLLMS

ACI SURVEY CONSULTANTS ONTARIO LAND SURVEYORS

582 FT<EDfRICK ST. Klrr:HENER, ON T: 519-578-2220 F: 519-576-6044

DATE: 2016-10-12 I I 17261SEV I u.AH I SEVERANCE I FlLE NUMBER NDF-Cll-37-17261

2.0 Proposed Applications

The Consent Application proposes to sever the property in half which would result in two parcels 0.33 hectares in size. The purpose of the consent application is to allow for future flexibility with respect to the unused portion of the Site. Please see below drawing titled Sketch of Proposed Severance which depicts the proposed consent.

The proposed Minor Variance Applications are required to facilitate the Proposed Consent Application:

The details of the requested variance for the retained parcel is as follows:

1. To permit a Minimum Lot Area of 0.3 hectares whereas Section 8.3. 1 of the Township of North Dumfries Zoning By-law 689-83 requires a Minimum Lot Area of 0.4 hectares.

2. To permit an accessory building with a lot coverage of 8% whereas Section 8.3. 7 a) of the Township of North Dumfries Zoning By-law 689-83 requires a maximum floor area of 3% (based on total lot coverage).

The details of the requested variance for the severed parcel is as follows:

1. To permit a Minimum Lot Area of 0.3 hectares whereas Section 8.3. 1 of the Township of North Dumfries Zoning By-law 689-83 requires a Minimum Lot Area of 0.4 hectares.

An increase in lot coverage for an accessory structure for the retained parcel is being requested as the Owner would appreciate flexibility when building a new garage. Timing of the construction of this garage is unknown at this time.

GSP Group I 2

3.0 Policy Planning Framework

The following section provides a summary of the relevant planning policy and regulatory framework to provide an opinion and planning justification for the Consent Application.


The Provincial Policy Statement ("PPS") provides policy direction on matters of provincial interest, and guides growth and development in Ontario. The PPS supports land use planning that contributes to effective and efficient growth and development while protecting resources, public health and the environment.

The PPS is issued under Section 3 of the Planning Act and came into effect on April 30, 2014. It applies to all land use planning matters considered after this date. The following provides a summary of the key policy considerations of the PPS as it relates to the Proposed Development:

• 1. 1.3. 1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted.

• 1. 1.3. 2 Land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which:

1. efficiently use land and resources;

2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion;

• 1. 1. 4. 2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted.

• 1. 1. 4. 3 When directing development in rural settlement areas in accordance with policy 1. 1. 3. planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels.

The Proposed Development meets the intent of the PPS policies as development is being directed to the rural settlement area which are intended to be the focus of growth within rural areas. The PPS states that land use patterns within settlement areas shall efficiently use land and resources. It is our opinion that creating a new lot within a rural settlement area is ideal and effectively uses land and existing infrastructure. The scale of the Proposed Development will be in keeping with similar lot sizes in the existing settlement area and is compatible with the surrounding rural characteristics.

GSP Group I 3

3.2 Region of Waterloo Official Plan

The new Regional Official Plan ("ROP") was adopted by the Region of Waterloo in June 2009 and received final approval from the Ontario Municipal Board on June 18, 2016. The ROP provides policy direction on planning matters for the Region and includes all policy changes and amendments since the adoption of the Regional Official Policies Plan ("ROPP") in 1995.

The following provides a summary of the relevant ROP policy directives as they relate to the Proposed Development.

The Site is located within a Prime Agricultural Area on Map 7 of the ROP and is located within the Countryside Line boundary. However, Section 6.G- Countryside Settlement policies apply to the Proposed Development as Rural Settlement Areas are not specifically identified within the ROP and are designated and zoned in Area Municipal official plans and zoning by-laws. The Site is located within a Rural Settlement Area within the Township of North Dumfries Official Plan . Policy 6.G.1 of the ROP states, "rural settlement areas refer to existing smaller settlements, such as villages and hamlets, that generally comprise a limited mix of residential, commercial and institutional uses primarily servicing the local community. These rural communities provide opportunities for living and working in the countryside, and also play a key role in the economic health and vitality of the townships .. . " Policy 6.G.6 states that within Rural Settlement Areas, development applications may be approved provided that any new lots can be appropriately serviced by private wells and individual wastewater treatment systems.

It is our opinion that as the Site is located within a Rural Settlement Area and the new lot can be appropriately serviced by private well and individual wastewater systems, the Proposed Development meets the policies of the ROP.

3.3 Township of North Dumfries Official Plan

The Township of North Dumfries Official Plan was consolidated in January 2008 and is in place to guide decisions related to development, provision of infrastructure and community services.

The Site is identified within the Plumtree Settlement Area and is designated Settlement Residential & Ancillary on Map 2.18 of the Official Plan . Rural Settlement Areas are intended to accommodate residential uses and are meant to provide for limited growth. Policy 2.6.1 .3 states that Development proposals within a Rural Settlement Area will :

a) Conform to the policies of Section 2. 6 of this Plan;

b) Be compatible with the surrounding land uses in form and function, and,

c) Be accompanied by detailed environmental and servicing studies as required by the policies of this Plan.

GSP Group I 4

The policies for Plumtree Settlement Area state that no expansions will be permitted. It is our opinion that the Proposed Development conforms to the policies of Section 2.6 of the Official Plan as no expansion to the Rural Settlement Area is proposed and no new industrial or commercial uses are being proposed. The Proposed Development is compatible with the surrounding land uses as it will realize similar lot sizes to those within the Plumtree Settlement Area . Table 1.0 provides the existing lot sizes within the Settlement Area. Further, it would be our opinion that no environmental or servicing studies would be required for the proposed Consent Application.

Table 1.0

r- -- -, Municipal Address I Parcel Size

3445 Roseville Road I 4901 m2 (0.49 ha)

3445 Roseville Road 1 1943 m2 (0.19 ha)

3419 Roseville Road i 4100 m2 (0.41 ha)

· 3403 Roseville Road 4119 m2 (0.41 ha)

3399 Roseville Road • 3825 m2 (0.38 ha)

3389 Roseville Road , 3464 m2 (0 .34 ha)

3379 Roseville Road 1 3418 m2 (0.34 ha)

3367 Roseville Road

-, ----3602 m2 (0.36 ha)

The Proposed Development will realize two lots 0.33 hectares in size . As can be seen from the above table , this is in keeping with similar lot sizes in the Plumtree Settlement Area. Further, Policy 2.6. 7.17 .2 of the Official Plan is met as no expansions to the Plumtree Settlement Area are proposed. It is our opinion that the Proposed Development conforms to the Township of

GSP Group I 5

North Dumfries Official Plan as some residential growth is contemplated within this area and it is compatible with the existing Settlement Area.

3.4 Township of North Dumfries Zoning By-law 689-83

The Site is zoned Z.2a in the Township of North Dumfries Zoning By-law 689-83. Permitted uses include a residential building, a group home type 'a' and accessory uses. The required minimum lot area within the Z.2a Zone is 0.4 hectares and the proposed consent application will realize two (2) lots 0.3 hectares in size. The required lot width, front yard, rear yard and side yard setbacks are being met.

The Owner would like to build a garage of approximately 205 m2 on the retained parcel. This would realize an accessory building coverage of approximately 8% whereas the Zoning By-law requires a lot coverage area of 3% for accessory buildings.

Relief from the minimum lot area standard is required in combination with the proposed consent application in order to permit the reduced lot area for the severed and retained lots. Additionally, a variance is being requested to permit a lot coverage for an accessory structure that is greater than the permitted lot coverage. Justification for the requested Minor Variances is provided in Section 4 of this report.

4.0 Planning Justification for Minor Variances

Under Section 45 (1) of the Planning Act, there are four tests that a Minor Variance must meet. The four tests along with planning justification are provided below:

1. Do the Minor Variances maintain the general intent of the Official Plan?

The requested minor variances maintain the general intent of the Official Plan as the applications maintain the purpose of the Rural Settlement Area designation which looks to accommodate residential uses and provide for limited growth. The proposed minor variance applications uphold the policies of the Rural Settlement Area and will realize lots that are compatible with the surrounding land uses.

2. Does the Minor Variance maintain the general intent of the Zoning By-law?

The requested minor variances maintain the general intent of the Zoning By-law as a residential building and accessory structure are permitted uses, the minimum side yard, rear yard and building heights are being met. The reduction in lot size is in keeping with the similar lot sizes adjacent to the Site. The increase in lot coverage for an accessory structure is in keeping with the permissions of Section 6.4 - Accessory Buildings or Structures of the By-law, specifically that it will not be within any required side yard or within 3 metres of a main building.

GSP Group I 6

3. Are the Minor Variances desirable for the lands?

The minor variances are desirable for the Site. The variances are required to recognize the proposed consent application . The use of the Site will be in keeping with the surrounding land uses in the area and will not result in any negative impacts on adjacent properties. The reduction in lot area is desirable as it is in keeping with surrounding lot sizes. The increase in lot coverage for an accessory structure, specifically for the retained parcel will not create any negative impacts on surrounding properties. There is existing tree cover along the easterly property line which provides screening to the adjacent property. Sufficient frontage is available to provide appropriate access on both the severed and retained parcels. The reduction in lot areas allows for efficient use of land and existing infrastructure and provides for an ideal infill location . As such , it would be our opin ion that this request is minor and is reasonable.

4. Is the application minor?

The requested variances are minor in nature. The reduced lot areas are not uncharacteristic of the surrounding area. The request to increase lot coverage for an accessory structure by approximately 5% is minor. The variances will allow for implementation of the Official Plan policies and will allow for the land to be used effectively and efficiently. The variances will allow for an appropriate land area for a potential new residential lot.

5.0 Conclusion

The Owner is seeking approval to sever 3429 Roseville Road into two separate parcels each totaling 0.33 hectares. A minor variance is required for reduction of the minimum lot area for both the severed and retained parcels. In addition, a minor variance is required to permit an increase in lot coverage for an accessory structure specifically on the retained parceL

The Consent Application is justified for the following reasons:

• The Application is consistent with and conforms to Provincial and Regional policy intent for Rural Settlement Areas;

• The Consent meets the intent of the Township of North Dumfries Official Plan for the Plumtree Settlement Area and is appropriate and compatible with surrounding land uses;

• Both the proposed retained and severed parcels can be adequately serviced with onsite services, driveways and parking;

GSP Group I 7

• The proposed Minor Variances meet the four tests under Section 45 (1) of the Planning Act.

In summary, the Application and associated Minor Variances are appropriate and represent good land use planning.

Yours truly, GSP Group

Brandon Flewwelling, MCIP, RPP Associate - Senior Planner

GSP Group I 8

January 17, 2017

Township of North Dumfries Planning Services Department 2958 Greenfield Road, P.O. Box 1060 Ayr, ON NOB 1 EO

ENERGY+ INC. File: L 11 - North Dumfries C/A U06 - Roseville Road - General

Attention: Michelle Schaefle, Planner I Sec-Treasurer Via: e-mail

Dear Michelle,

Re: CIA Application No. B-04/17- 3429 Roseville Road, Con 11, Pt Lot 37, Twnshp of North Dumfries, Proposal to create one new lot with a frontage of approximately 33 hectares

Energy+ Inc. WILL NOT CLEAR conditions on any severance until all of the requirements noted below have been satisfied;

1. We require a legal survey showing the existing property, existing easements, existing dwelling, existing hydro pole, anchors, secondary hydro wire-feed to the existing dwelling, proposed severance, proposed dwellings, proposed driveway, proposed electric plant. The survey must include dimensions. The Applicant is cautioned that a minimum clearance between the proposed driveway entrance and existing poles, guy wires and anchors is 1. 5 metres.

2. The Applicant will be responsible for 100% cost to service the new lot. The Applicant will be responsible for all costs to re-locate or upgrade if required as a result of this Application. Energy+ Inc. WILL NOT approve a severance on a lot with no service. As per Current Conditions of Service, latest edition, only one service per property is permitted. Allow minimum 1 month for Energy+ Inc. to process an estimate.

3. All EASEMENTS (will be determined once satisfactory legal plan has been submitted) must be APPROVED and REGISTERED at customer's cost.

Please note, a legal plan, which does not satisfy the requirements, stated in condition # 1 will be returned for revision and the process will be delayed.

Should additional information be required, kindly contact me at your convenience .

Yours truly, Energy+ Inc.

Hele11 Robinson

Helen Robinson Engineering Legal Co ordinator /hr

Region of Waterloo

December 22, 2016

Michelle Schaefle Township of North Dumfries 2958 Greenfield Rd, P.O. Box 1060 Ayr, ON NOB 1 EO

Dear Ms. Schaefle:

File No.: T15-40/ VAR ND GEN

PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4J3 Canada Telephone: 519-575-4400 TIY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca

Re: Committee of Adjustment Meeting for December 2016, Township of North Dumfries

Regional staff have reviewed the following Committee of Adjustment application and have no comments:

• A-12/16- 3429 Roseville Road, Gord Willms

Please be advised that any development on the subject land is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for this development prior to the issuance of a building permit.

The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply.

Please forward any decisions on the above mentioned Application number to the undersigned.

Yours Truly,

~~ Cheryl Marcy, C.E.T. Transportation Planner (519) 575-4400 ext. 3243

/em

DOCS: 2303148

TO:

FROM:

RE:

CC:

DATE:

Gerald Moore CBO

REQUEST FOR COMMENTS Agencies and Departments

Michelle Schaefle, Planner

Consent Application (B-04/16) Minor Variance Application (A-12116) 3429 Roseville Road, Township of North Dumfries Township of North Dumfries

Legal Description: CON 11 PT LOT 37 (Roll Number 3001 02000606000)

Brandon Flewwelling, GSP Group Ward 3 Councillor: Gord Taylor CAO: Andrew McNeely

December 13, 2016

GSP Group has submitted a Consent Application and an associated Minor Variance Application on behalf of the owner of 3429 Roseville Road to facilitate the creation of a new lot. The subject lands are located in the settlement of Plumtree in the Township of North Dumfries.

Please review and provide comments, as well as conditions of approval if applicable, by January 12th, 2016.

If you have any questions regarding this inquiry, please contact Michelle Schaefle, Planner, at (519) 632-8800 ext. 132 or by email: [email protected]

Nam IAQfi cy or ... De~a ment

( -

Robert Shantz Fire Department

REQUEST FOR COMMENTS TO:

FROM:

RE:

CC:

DATE:

Agencies and Departments


Consent Application (B-04/16) Minor Variance Application (A-12/16) 3429 Roseville Road, Township of North Dumfries Township of North Dumfries

Legal Description: CON 11 PT LOT 37 (Roll Number 3001 02000606000)

Brandon Flewwelling, GSP Group Ward 3 Councillor: Gord Taylor CAO: Andrew McNeely

December 13, 2016

GSP Group has submitted a Consent Application and an associated Minor Variance Application on behalf of the owner of 3429 Roseville Road to facilitate the creation of a new lot. The subject lands are located in the settlement of Plumtree in the Township of North Dumfries.

Please review and provide comments, as well as conditions of approval if applicable, by January 12th, 2016.


0 If you have no comments/concerns, please place a checkmark in the box and fax to 519-632-8700 or send an email to mschaefle northdumfries.ca

( P!Jf-lf! > /fl;pift. .t:-Mf c.;!1&J2

Name/Agency or Department

$4~· Signature

K. SMART ASSOCIATES LIMITED CONSULTING ENGINEERS & PLANNERS 85 Mcintyre Drive Kitchener, ON N2R 1 H6

Tel: 519-748-1199 Fax: 519-748-6100

January 3, 2017 Ref Num 16-001


Township of North Dumfries

2958 Greenfield Road, P.O. Box 1060

Ayr, Ontario

NOB lEO

Regarding: Consent Application (B-04/16)

Minor Variance Application (A-12/16)

Dear Sir:

We have reviewed the information sent to us for the above noted application.

We understand the applicant would like to sever the property to create a new lot.

We provide the following comments.

1. The proponent must demonstrate how overland drainage will be provided for the

created lot and the retained lot. Overland drainage from the new lot cannot be drained

onto adjacent properties or toward the retained lot and in a similar manner the retained

lot cannot drain toward the created lot.

2. The proponent shall provide a plan showing the location of well(s) and septic system(s)

of the retained lot and show that the newly created lot can be serviced.

David Harsch, P. n .

[email protected]

e Consvlting Engineers ofOnlorio

www.ksmart.ca

Region of Waterloo

Michelle Schaefle, Planner Planning Department Township of North Dumfries

2958 Greenfield Road P.O. Box 1060 Ayr ON NOB lEO

Ms. Schaefle:

Re : Comments for Consent Application B-04/16 Gord Willms 3429 Roseville Road, Plumtree Rural Settlement Area

PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca

Jane Gurney 519-575-4500 Ext. 3454

File : 020-20/16 NDU

February 6, 2017

Please accept the following comments for consent application B-04/16.

The purpose of this application is to create a new residential lot on the property municipally addressed as 3429 Roseville Road. The property is within the Plumtree Rural Settlement Area, as designated in the Township Official Plan. The severance will divide the lands in half, resulting in two residential lots each approximately 0.33 ha in size.

Archaeological Potential The subject property includes a municipally-registered heritage structure and is within an area of moderate to high archaeological potential. The adjacent lands to the west include a structure which is designated as a heritage resource under the Ontario Heritage Act (Deweiler House) and a cemetery (Detweiler/Roseville Mennonite Cemetery). The Region will require

an archaeological assessment for the proposed lot to be completed prior to the final approval ofthe consent application. The archaeological assessment must be completed to the satisfaction of the Ministry of Tourism, Culture and Sport and a copy of the assessment and the acknowledgement letter from the Ministry provided to the Region.

Servicing The proposed lot sizes are relatively small, and as such a scoped hydrogeology study will be required to demonstrate that the proposed lots and the retained lands can be adequately serviced with private, on-site septic and potable water systems in a manner that does not impact adjacent properties and wells through an assessment (including nitrate impact

assessment) of the conditions of the subject site . The applicant should contact Regional staff

DOCS: 233672 NDU B-04-16 Post-Circulation Comments

to obtain the Region's guidelines prior to the preparation ofthe required scoped Hydrogeological Study.

Summary The Region has no objection to this application, subject to the following conditions:

1. That prior to final approval, the Region receives a copy of the completed Archaeological Assessment and a letter of acknowledgement from the Ministry of Tourism, Culture and Sport indicating that an Archaeological Assessment ofthe lands proposed to be severed has been completed to the Ministry's satisfaction; and

2. That prior to final approval, the owner submits a scoped hydrogeological study to the satisfaction of the Region of Waterloo that the proposed lot can adequately accommodate a septic system and potable water well.

General Comments Any issuance of a building permit for future development on the lands subject to the abovenoted consent application will be subject to the provisions of Regional Development Charge By-law 14-046, as amended, or any successor thereof. Please accept this letter as our request for a copy of any decisions or minutes pertaining to the consent application noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned.

Sincerely,

ct~9::,~ MCIP, RPP Principal Planner

DOCS: 233672 NDU B-04-16 Post-Circulation Comments

Michelle Schaefle

From: Sent: To: Subject:

Mark Smuck January-13-17 8:16AM Michelle Schaefle R.F.C. 3429 Roseville

Good morning Michelle. As for the R.F.C. on this address I have no issues on a severance .

Mark Smuck Director of Community Services Deputy Fire Chief

Phone 519-632-8800 ext. 135 The Corporation of the Township of North Dumfries North Dumfries Community Complex 2958 Greenfield Road P.O. Box 1060 Ayr, Ontario NOB 1 EO

http://northdumfries.ca

Michelle Schaefle

From: Sent: To: Cc: Subject:

Hi Michelle:

John Brum <[email protected]> January-11-17 10:50 AM Michelle Schaefle Jane Gurney ([email protected]) RE: Request for Comments - Consent and Minor Variance Applications North Dumfries

Please be advised that the GRCA has no comments/concerns regarding the approval of these applications by the Township.

I trust this helps.

Regards,

John Brum I Resource Planner Grand River Conservation Authority 400 Clyde Road, PO Box 729, Cambridge, Ontario NlR SW6 Tel: 519-621-2763 x2233 I Fax: 519-621 -4945 I To ll free: 1-866-900-4 722 jbru m @gra ndriver.ca

From: Michelle Schaefle [mailto: [email protected]] Sent: Tuesday, December 13, 2016 3:08 PM To: Region (Jane Gurney); John Brum; KSmart (David Harsch); Union - John; Union - Edward Collins; Union - Ken Sleeper; Helen Robinson (Energy Plus); Waterloo Region District School Board; WCDSB (Virina Elgawly); [email protected]; [email protected]; CPR (Josie Tomei) Subject: Request for Comments - Consent and Minor Variance Applications North Dumfries

Attached is a Consent Application and Minor Variance Request for comments for 3429 Roseville Road, located in the Township of North Dumfries.

Best regards,

Planner

The Corporation of the Township of North Dumfries North Dumfries Community Complex 2958 Greenfield Road P 0 Box 1060 Ayr, Ontario NOB 1 EO

'if 519-632-8800 ext. 132 ~ 519-632-8700

Iii 519-632-9935 ?; mschaefle@northdumfries ca

Website: www.northdumfries.ca

- ·nw: 7'0WNSHIPIJ/:-N0RTif DUMFRIES


CONSENT APPLICATION B-03/16 Brad Klein-Geltink 244 Northumberland Street

RECOMMENDATION:




2) AND THAT all comments and correspondence received through the Public Meeting consultation process be returned to Staff for further consideration in a future Report to the Committee of Adjustment on the disposition of this matter.

1. PURPOSE:

The purpose of this Report is to solicit comments from interested members of the public and agencies on the application filed by Brad Klein-Geltink for a consent application to create a new lot at 244 Northumberland Street, in the Community of Ayr.

This Report will:

• provide an overview of the proposed development;

• confirm present provincial, official plan and zoning policies for development of the subject property; and

• solicit comments from interested members of the public and government agencies on the proposed severance application.

21Page


2. BACKGROUND


Application(s) Consent Application B-03/16 Related Application(s) None Owner(~): Brad Klein-Geltink Applicant(s)/Agent(s): Brad Klein-Geltink Legal Description: PLAN 680 PT LOT 3 Civic Address: 244 Northumberland, To•Nnship of North Dumfries Assessment Roll No.: 300101000100400

Public Meeting: Public Meeting- Monda~ Februa~ 27th 1 7:00 (!m

Location: MacNeil Hall, North Dumfries Community Complex 2958 Greenfield Road, Ayr, ON NOB 1EO


The subject property is located in the Community of Ayr with a civic address of 244 Northumberland Street. The subject lands are on the west side of Northumberland ~tr~~t nnrth nf 1\1 ith Ri•1~r \1\l!:l\1 V ·-- .. , 11_1,.,11 -· ...... 11i'-'1 Wli'-AJ•

The property is currently occupied by a single-storey detached dwelling. The subject lands have a road frontage of 35m (114ft), a depth of 54 m (176ft), and a lot area of 1 ,886 sq m (20, 100 sq ft). The subject lands have a detached garage that is proposed for removal.

There are two large trees in the front yard between the existing dwelling and Northumberland Street.

Northumberland Road is owned by the Region of Waterloo. There is one access driveway onto Northumberland Street.


A location map and site photographs are provided below.

31Page


Location Map and Aerial Photograph

41Page

PD Report No . 04-2017 February 27th , 2017

Site Photographs

SjPage



The subject lands are located in the urban area of Ayr adjacent to other single detached residential dwellings. The Canadian Pacific rail corridor is located approximately 136 m east of the property.

Representative examples of residential properties (frontage and lot area) in the vicinity of the subject lands are catalogued below. Photographs have also been provided below illustrating the street scape in the area.

Municipal Address Parcel Size Lot Frontage ''

I ·\ i

'

Properties in the Nearby Vicinity 250 Northumberland

1868 sq m (20, 107 sq ft) 35m (114ft) _(property to north)

238 Northumberland 1409 sq m (15,166 sq ft) 24m (80ft)

(property to the south) 2 Nith River

791 sq m (8,514 sq ft) 20 n (64ft) (property to west)

4 Nith River 850 sq m (9, 149 sq ft) 19m (62ft)

(property to west)_ 243 Northumberland

2,229 sq m (23,993 sq ft) 24m (80ft) (across road)

218 Northumberland 1,407 sq m (15, 144 sq ft) 19m (62ft)

(south of Nith River) 214 Northumberland

1,246 sq m (13, 411 sq ft) 19m (62ft) _ (south of Nith River)_

Properties south of CPR crossing 286 Northumberland

(south of CPR 370 sq m (3,983 sq ft) 12m (39ft) crossing)

111 Northumberland (south of CPR 507 sq m (5,457 sq ft) 12m (40ft)

crossing) 108 Northumberland

(south of CPR 365 sq m (3,928 sq ft) 10 m (34.07 ft) crossing)

98 Northumberland (south of CPR 441 sq m (4,747 sq ft) 12 m (38.94 ft)

crossing)

61Page


Adjacent house to the north

Adjacent house to the south

71 P ag e

PO Report No. 04-2017 February 2 '7th, 2017

Residential dwellings south of CPR crossing

81Page



The subject application and initial concept are enclosed as Attachment 1. The applicant is proposing to create a new lot.

The original concept proposed as part of the application proposed a lot frontage of approximately 19.5 m (64ft) for the retained lot and a lot frontage of 15 m (50ft) for the severed parcel. The proposed frontage of 15 m (50 ft) would require a minor variance from the required frontage of 18 m (59 ft). The initial concept submitted with the application is illustrated below.

N'Pf!OXJ7Mrf PROPfffiY 80UIEJAAY (186.~ x 1U) _ ______ _

----------------- ~,--------------- ~ i :--·~~----------~--- -- ---- -- ~---- - ---- ---- -------- i 1-

i l r~ 0 ! • 1 "'

i I I ...... ~ ~ A'L ·-.... " ! l ''j.,._, I '""'"'"'

' ~ ~I mk Ef/Nlf L.. '" J \ l §I ~ I ,_

t !J \Ctt JIIM " v ! L _______ ~ · 'oofj~ ·-- - --- -~-------1 11 -r------- r-~:::_~~:~~==~~-~~~~~~~~-~ ------ - - ----- --- ---~ i ~: D/MWAY 1 [

i ~ ~~ i ~ ~ I m i ! ""-i = ! ! j 'L L --.:;;::. ....... -- - ---- ------------ --~ -----------------"-----j ,_

-1 -- ---t•--------- ------:::~- ---------------- •-- I. I

Township Planning staff expressed concerns with the original concept proposed as there would be insufficient room on the proposed retained lot for a Janeway, carport, and/or single car garage and that this would not be in character with the neighbourhood.

A revised concept plan (Attachment 2), as well as a Planning Justification Report prepared by Mark Dorfman dated February 21 , 2017 (Attachment 3) were submitted in support of the application.

91Page


The following is an illustration of the revised concept sketch:

APPROXIMA PROP£RTY BOUNDARY (186.9 x I i-f) ,-------~~------- -------- ----------------~

I ,------ - - - ------ - ---- ----- - ~------~--------------~

I : ~ I I I I

I l I I

,.J. ,.,..,""',.""' NEW a I ADDmON ~"'"""

~II EXISTING 1- tt>"l

C HOUSE

i t--- i -~ 0 •

~----- r ~-~::_ ~ ~ ~~ ~_: ~~~ ~ ~ ~ ~ ~ ~ ~~~~ ~~~~~~ ~~ ~~~ ~~~==~ ~~~~ ~~ I I DRIVEWAY

I

~: ~ I

~g ~: I REJg~ If I I

NEI:ESSAR'I' I I I L--------------------------------------------------~ r-----i-,.--=--=------------~-:-_:--------------------j \

The above concept would result in the following dimensions for the proposed and retained lot:

By-law Requirements Retained Lot Severed Lot

Lot Area 800 sq m (8,611 sq ft) 1,149 sq m (12,368 sq ft) 720 sq m (7,750 sq ft)

Lot Width 18m (59ft) 21.4 m (70ft) 13.4 m (44 ft)

Minimum 1.5 m (4.9 ft) for one 1.5 m 1.5 m 1 storey Side Yard storey

2.4 m 1+ storey

10 I Page


Minor variances would be required for the severed lot in terms of lot area and lot width. No minor variances would be required for the retained lot. A minor variance application has not been submitted at this time and if the consent were to be granted provisional approval, the variance would be a required condition.

3. PLANNING POLCIES

3.1 Planning Act

Section 51 (24) of the Planning Act sets out criterion to be considered when assessing the merits of a Consent application.

Specific to this proposal, relevant criterion include:




(d) the suitability of the land for the purposes for which the lands are to be

severed


(i) the adequacy of utilities and municipal services

As a minor variance is required to facilitate the creation of a new lot at this location, consideration should also be given to Section 45 (1) of the Planning Act, which sets out the criterion to be considered by the Committee when reviewing minor variance applications.

The criterion to be used by the Committee in the evaluation of a minor variance application is as follows:





111Page

PD Report No . 04-2017 February 27th, 2017

3.2 Growth Plan for the Greater Golden Horseshoe 2006

The Growth Plan for the Greater Golden Horseshoe was prepared under the Places to Grow Act. A decision made under the authority of the Planning Act must conform to the Growth Plan.

Applicable policies include, but are not limited to:

• 2.2.2 Managing Growth: Population and employment growth will be accommodated by:

o Directing a significant portion of new growth to the built-up areas of the community through intensification

o Directing development to settlement areas

o Directing major growth to settlement areas that offer municipal water and wastewater systems and limiting growth in settlement areas that are serviced by other forms of water and wastewater services

*Settlement areas is defined as including both urban areas and rural settlement areas


A decision of the council of a municipality, a local board, commission or agency of the government shall be consistent with policy statements including the Provincial Policy Statement (PPS).

Applicable policies from the 2014 PPS include, but are not limited to:

1.1.3 Settlement Areas

• 1.1.3.1: Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted

• 1.1.3.2: land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which:

- efficiently use land and resources

- are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available

b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated.

121 Page


• 1.1.3.3: Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas

• 1.1.3.4: Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety


The lands are located within the Built-Up Area of the Township Urban Boundary for A yr. These lands are intended to serve as the primary focus of growth in order to make better use of land, existing physical infrastructure, community infrastructure and human services.

Comments submitted by the Region of Waterloo are provided in Attachment 4 and described below under Agency Consultation.


The subject lands are designated as Urban Residential and Ancillary within the Ayr Urban Boundary on Map 2.1 of the Official Plan. Development in this designation is intended to accommodate an appropriate range and mix of housing in terms of density and affordability. The type and density is to be regulated through the Zoning By-law.

Applicable policies include, but are not limited to:

Ayr Urban Area

• 2.7.2: In reviewing development applications, the Township will ensure that development occurring within the Ayr Urban Area is planned and developed to:

a) support the Planned Township Structure described in the Plan;

b) contribute to the creation of complete communities that take into account the availability and location of existing and planned community infrastructure and human services with efficient and effective development patterns, densities and an appropriate mix of land uses that optimize the use of land, resources and public investment in infrastructure and public service facilities while supporting walkability, cycling and the use of transit

e) respect the scale, physical character and context of established neighbourhoods

131 Page


Land Use Compatibility

• 3.1.1.1: The Township will encourage development that is compatible with the location, density and other characteristics of surrounding land uses. Compatibility will address both the impacts of surrounding land uses on the proposed development, as well as the impacts of the proposed development on surround land uses. Factors that will be used to assess the compatibility of a proposed development include:

a) the density, scale, height, massing, visual impact, building materials and architectural character of the surround buildings and the proposed development

b) the continued visibility and viability of adjacent land uses

e) landscaping, setbacks, sun and shadow effects, wind effects, signage, lighting and buffering of proposed and existing developments

In addition to the above, the Housing policies in Section 3.2 are applicable, which state that the Township will provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the township.


The subject lands are located within Zone 4a (Residential), which permits single detached residential dwellings. The table below outlines the requirements of the Zoning By-law and the dimensions of the existing lot:

By-law Requirements Subject Lands

Lot Area 800 sq m (8,611 sq ft) 1 ,886 sq m (20, 100 sq ft)

Lot Width 18m (59ft) 35m (114ft)

Minimum Side 1.5 m (4.9 ft) for one Setback can be achieved Yard storey

Minimum Rear 7.5 m (24.6 ft) Setback can be achieved Yard

The applicant has not provided staff with the January 27, 2017 drawing by MacDonald Tamblyn Land Surveying as referenced in the Planning Justification Report. As a result additional information is required to assess the revised concept that is being proposed by the applicant.

141 Page


4 CONSULTATION

Public and Agency correspondence is provided in Attachment 4.


As of the date of preparing this Report for inclusion in the February 27th, 2017 Committee of Adjustment Meeting Agenda, the following correspondence has been received from members of the public:

• lan and Charlene Vv'alkington of 238 Northumberland, located south and adjacent to subject lands, provided written comments on February 16, 2017. Concerns expressed include impacts on traffic and privacy; as well as the incorporation of a shared drive way.

• Martha Orloci expressed concerns in person on February 13, 2017 about the reduced frontage required and compatibility with the neighbourhood.


As of the date of preparing this Report for inclusion in the February 27th, 2017 Committee of Adjustment Meeting Agenda, the following comments have been received from circulated Township staff and other government agencies:



• Building Department: No concerns based on the spatial separation calculations provided

• Community Services: No concerns

• Township Engineering:

o The proponent must demonstrate how overland drainage will be provided for the created lot. Overland drainage from the new lot cannot be drained onto adjacent properties or toward the retained lot and in a similar manner the retained lot cannot drain toward the created lot.

o The proponent shall provide a plan showing the location of existing services to the existing dwelling and servicing for the new created lot. Servicing to be approved by the Region of Waterloo

151 Page


ii) Region of Waterloo (letter dated January 27, 2017):

• A second access is not permitted onto Northumberland Street. If the lot is severed, a single shared access will be permitted to serve both properties. A mutual right of way agreement will be required.

• No objection to the creation of a new lot subject to conditions on servicing; grading, and drainage; and completion of a Noise and Vibration Study including implementation of any required conditions

iii) Energy+ Inc.:

• No concerns subject to conditions (e.g. survey, servicing agreement)


Staff as part of the consideration of this Report are recommending no decision on the merits of the application at this time. Staff are recommending to the Committee of Adjustment that all comments and correspondence received through the public consultation process be returned to Staff for further consideration as part of a future Report.

Staff in the consideration of this future Report will be assessing the following items:

i) Comments arising from the public and agency consultation process;

ii) The effect of the development on matters of provincial interest;

iii) Whether the development conforms to the Official Plan;

iv) Whether the general intent of the General Zoning By-law is maintained;

v) The suitability of the land for the purposes for which the lands are to be severed including the dimensions and shapes of the proposed lots;

vi) If the subject proposal, in the opinion of staff, is desirable for the property and compatible with adjacent uses and properties.

vii) The ability to pursue a shared mutual driveway to access both the proposed severed and retained lots; and

viii) Appropriate mechanisms to ensure responsive site development, including noise mitigation, drainage, grading, site servicing etc.

161 Page




7. ATTACHMENTS

1. Application for Consent B-03/16

2. Revised Concept Sketches

3. Planning Justification Report, Mark Dorfman

4. Public and Agency Consultation


Report Prepared By,




ATTACHMENT 1- APPLICATION

_ ~flle TOH'J :·r-l!P of-· ---NORTH DUMFRIES

COMMITTEE OF ADJUSTMENT

AP.RLJCATION !;OR OONSENif. - No.:

Planning Department 2958 Greenfield Road

A yr. ON NOB 1 EO

Pursuant to Section 53 of the Planning Act, RSO. 1990, as amended, an application for Consent is hereby submitted, and enclosed is the Prescribed Information (in metric), as per Ontario Regulations 197/96 & 505/98, and the current application fee. Please consult the


Consultation with Township staff is encouraged prior to submission of this application.

Submission requirements: • 12 paper copies of application form (including original) • 12 copies of a detailed conceptual plan and/or site plan • 1 electronic pdf copy (flash drive) of all forms, legal documents and technical reports


1. a) Name of Applicant Brad Klein-Geltink Phone No: 519-212-6863

Fax No. _______ Email Address brad klein [email protected]

Address 244 Northumberland St. Ayr. Ontario Postal Code NOB 1 EO

b) Name of Authorized Agent _________ Phone No. _______ _

Fax No. ________ Email Address --------------

Address -----------------Postal Code _____ _

c) Name of Owner Brad Klein-Geltink. Erica Klein-Geltink Fax No. Email Address brad klein [email protected]

Address 244 Northumberland St. Ayr, Ontario Postal Code NOB 1 EO

2. Legal description of subiect lands: Civic Address (No., Unit & Street Name) 244 Northumberland St. Ayr

Township Lot -----------Subdivision Lot----------

Concession/Range/Tract--------- Former Municipality _____ _

Registered Plan No. _____ Lot No. _____ Block No. ______ _

Reference Plan No. Part No. ------ -------

Assessment Roll No(s): .:::..30=0:.....:1'------------· =30=0::....:.1 _____ _ ___ _


X Creation of a new lot

D Lot Addition (with this, provide the Roll No.s of the receiving parcel(s) being enlarged)

~30=0~1_- ______________ , =30=0~1_- _ ____ ___ _ _ ___ __

D easement D right of way D mortgage/charge D lease 0 correction of title.


The mortgage changes will not be an issue. I was originally approved for a higher mortgage with a 10% down payment. I put 20% down on the building and currently have an open permit for renovations of the entire livinQ_§pace. The renovations will increase the value of the house even after severing 910 sqm. My wife and I are the sole owners of the property and will also be the sole owners of the new lot which ensures there will be no title issue with the severing.


(if known) Brad Klein-Geltink and Erica Klein-Geltlnk


Currently there is a 2 car garage on the proposed property line which will be removed as a condition when the application is approved. The only potential issue is an existing shed in the back corner of the lot. If there is no issue with it, I will leave it standing. If there is a problem with location/size/set-back, I will tear it down to avoid the need for a minor variance.

2


Parcel Data Severed Lands or Lot Retained Lands or Lot Frontage (m) 15.24 M 19.53 M Depth (m) 56.85 M 56.85 M Area (sq.m or ha) 866.32 sq.m 939.73 sq.m

Primary: Two Car Garage Primary: House Existing land uses

Secondary: Shed Secondary:

Principai:Two Car Garage Principal: House Existing building/structures Accessory: Shed Accessory:

Primary: Single dwelling house Primary: Single dwelling house Proposed land uses

~~conQary Shed Seconct~rv:

Principal: Principal: Existing house Proposed building/structyr~s Acf~ssory: Access pry:

D provincial Highway D provincial highway Type of vehicle access X

and X municipal road X municipal road

Name of thoroughfare D right-of-way D right-of-way


X municipal watermain X municipal watermain Water service D communal source 0 communal source

D well Dwell D cistern D cistern D other 0 other

X municipal sewer X municipal sewer Sanitary service D communal system D communal system

3

0 septic system 0 septic system D holding tank D holding tank D other D other

7. a) Official Plan designation(s) and policies affecting these lands:

According to Transportation planning, The subject property currently has a single access point to Northumberland Street (Regional Road 58), and the aoolicant is advised that a second access to Northumberland Street .. .. will not be permitted. If the subject property is severed as proposed, a single shared access will be permitted to serve both properties.

8. ---------------------------------------------------------b) Current Zone(s) and regulations affecting of these lands:

9. Are the subject lands or have the subject lands ever been the subject of an application for a Plan of Subdivision or Consent under the Planning Act? D yes or X no

If known, list File No.(s) ---------------------~

and decisions-------------------------

10. Please note any previqus Consents (i.e. severance history) of the subject lands acquired , , I

by the owner:-------------------------


the File No.(s) and date of the Consent _______________ _

the name of recipient(s) of the severed lands--------------

12. list a!l other planning applications relevant to the subject lands--------

4

13. If yes to Entry No. 11, list their File No.s ----------------

and the application's status (i.e. in review, approved) -------------


a) the legal description of the subject property; b) location of the subject property in relation to the nearest township lot or other landmark: c) boundaries and dimensions of the subject lands in relation to the subject property; d) boundaries and dimensions of the subject lands showing the severed/retained parts; e) location, size, type of all existing building, structures, uses and their setbacks from





15. Identify whether the application is consistent with the policy statements issued under subsection 3 (1) of the Act (see Schedule 1-15 of OReg 197/96).

D yes or D no and explain why or why not-------- --------

D Date/Author of the Report--------------------


D yes or X no

5

:h: If the answer to Entry No. 15 is yes, explain whether the application conforms to or does not conflict with the provincial plan or plans (see Schedule 1-17 ofOReg 197/96).

0 Date/Author of the Report --------------------


D yes or 0 no


been provided and is complete and true. 0 yes or D no


Signature of Applicant Signature of Owner (s)

Signature of Agent Signature of Owner (s)

Dated this ---------day of __________ , 201 ___ _

NOTE: All correspondence related to this application is provided to the Applicant, Owner and ~~ant.

6



D $1,260 per lot or block to be created or$ 1,100 for a lot line adjustment- cash or Cheque payable to th~ Township of North Dumfries

Please note: any 2"d and subsequent lots that are subject to a Consent application are in conjunction with the initial application are $700.00 per application.

D 1 original and 11 copies of completed and signed application form are required

D Written authorization by the Owner is required if the application is signed by an applicant, agent or solicitor on their behalf.

D 12 copies of a detailed conceptual plan and/or site plan

8

!FOR STAFF USEj

Technical Information and Studies Reguired by the Township




b. Planning Impact Analysis Report Dyes c. Functional Engineering, Servicing & SWM Report Dyes d. Traffic Impact Analysis Dyes

e. Hydrogeological Report Dyes f. Geotechnical/Soils Report Dyes

g. Environmental Impact Study Dyes h. Tree Protection & Landscaping Plan Dyes i. Floodplain Analysis Dyes

j . Land Use Compatibility Assessment Dyes k. Noise and Vibration Report Dyes I. Record of Site Condition Dyes

m. Agricultural Impact Assessment Report Dyes n. MDS calculations Dyes

0. Archaeological Assessment Dyes p. Heritage Impact Assessment Dyes

q . Market Feasibility Study Dyes r. Financial Impact Analysis Dyes

s. Draft Policies. Exemptions and/or Schedules Dyes

t. Other information: Dyes

Applicant I Owner I Agent Informed: 0 yes. Date:----- ---- -----


9

======Mark L. Dorfman, Planner Inc. ====== 219- 50 Westmount Road North, Waterloo. ON, N2L 2R5

Telephone 519-888-6570- Facsimil1e: 519-888-6382- E-mail· dmarb:i' mldp1.ca

February 21, 2017

Mr. Brad Klein-Geltink, 244 Northumberland Street, AYR, ON NOB lEO

Dear Mr. Klein-Geltlnk:

Subject: Planning Opinion Proposed Consent to Sever Proposed Minor Variances 244 Northumberland Street (Ayr) Township of North Dumfries

In response to your request, I submit my planning opinion regarding your proposed severance of the subject property. As I understand, this opinion will be submitted to the Township of North Dumfries in support of your planning Z~pplication.

SubJect PropertY

The legal description of the subject property is Part of Lot 3, Plan 680. PIN 038530071. Roll Number 300101000 100400.

The subject property is located on the west side of Northumberland Street within the Ayr Settlement Area. The lot area is approximately 1,869.36 square metres (0.187 hectare) with a lot width of approximately 34.74 metres on Northumberland Street. The depth of the property Is approximately 53.80 metres.

The subject property consists of one detached, one-storey residential dwelling with a detached accessory garage. The existing dwelling Is setback approximately 14.01 metres from the Front Lot Line, after the road widening. In the past, a 3.0 metre wide road widening was taken from the original property (assumed after July 18, 1983). The survey identifies the previous 3 metre wide road widening taken from this lot as Part 3, Plan 67R-3367.

The existing dwelling is situated on the north part of the subject property. It is located approximately 5.60 metres from the north property line, 16.6 metres from the south property line, and 27.2 metres from the rear property line. The existing detached garage is located approximately 6.4 metres from the southerly property line.

In my opinion, this is a legal use of the property that complies with the provisions of Zoning Bylaw 689-83.

Proposed Severance

The intent is to sever and create a residential lot on the south side of the subject property. The existing dwelling is to be retained, expanded and enlarged. The existing garage is to be removed and relocated, and a new driveway is to be created on the proposed retained lot.

1

From the information provided, the dimensions of the proposed retained and severed lots are as follows. The subject property is In Zone 4a.

Retained Severed

Lot Area 1,149.28 m 2 720.08 m2

Lot Width 21.36 m 13.38 m

Building Setback 11.96 m 11.9 m (required)

Minimum Side Yard 1.5 m 1.5 m 1 storey 2.4 m + 1 storey

Minimum Rear Yard 7.5m 7.5 m

Pro9osed ComRiiance

The proposed Lot Width of the severed lot does not comply with the required Minimum 18 metre and the required Minimum 800 square metre Lot Area in Zone 4a. Two minor variances are required together with the consent application.

The primary reason that the proposed severed lot area is less than the minimum required, is that the proposed 3.05 metre new driveway is located on the south side of the existing house on the proposed retained lot. If this new driveway is not located as planned1 then the lot area of the proposed severed lot would be greater than the required 800 square metres.

According to the North Dumfries Zoning By-law, a driveway is permitted within a Required Side Yard.

The reduction in the Minimum Lot Area for the proposed severed lot is consistent with the required minimum of 700 square metres in Zone 4. All of the existing lots on the east side of Northumberland Street, opposite the subject property are within the Z4 Zone.

Because of the existing 34.74 metre Lot Width and the location of the existing dwelling, the variance for the proposed severed lot is understandable.

The proposed severed lot area is consistent with the Zone 4 requirement. In my opinion, although the lot areas on the east side of Northumberland exceed the minimum standard because of the greater depth, the proposed severed lot area would comply if it was located on the east side of the street.

The two lots adjacent to the north (250 and 258 Northumberland) have similar lot areas and lot widths as the subject lot. It is probable that intensification of these two lots could be considered in the future, subject to minor variances, and be comparable with the subject proposal.

The adjacent lot to the south (238 Northumber1and) has a smaller lot area (::!:1,410 square metres) and frontage (±25 metres). I do not consider this lot eligible for intensification.

z

Municipal Services

The subject property is serviced with municipal water and sewer. Northumberland Street is an urban public road with pedestrian sidewalks on both sides of the right-of-way.

Conformity with the Region of Waterloo Official Plan

On Map 3e, the subject property is located within the Built-Up Area of the Township Urban Area of A yr. There are no Regional interest constraints on the subject property.

Section 2.8.4 provides that Ayr Is the primary urban area in the Township of North Dumfries.

Section S.A sets out the Regional Road policies. Northumberland Street functions as Regional Road 58. The designated Road Allowance is 26.213 metres. The width of the existing right-ofway is estimated as 23.2 metres. No road widening is required from the west side of the rightof-way.

Northumberland is a Controlled Access Road. A permit is required for a new residential access.

In my opinion, since the proposed severance conforms with the North Dumfries Official Plan, It is consequently in conformity with the Region of Waterloo Official Plan. The Region of Waterloo Official Plan is in conformity with the Growth Plan for the Greater Golden Horseshoe.

Conformi

On Map 2.1 (Ayr Urban Area), the subject property is designated within "Urban Residential and Ancillary". This designation includes the residential dwellings abutting to the north and south, the dwellings on the east side of Northumberland, and the plan of subdivision located adjacent to the rear of the property.

Section 2.6.1 sets out the policies for this designation. The policy allows for a mix of housing with respect to density. The type and density Is regulated by the provisions of the Zoning Bylaw.

Section 2.7 sets out the policies for the Ayr Urban Area. Subsection 2.7.8 provides for lnfill residential development by consent. There are five tests to be considered:

a) the severance conforms with the policies of the North Dumfries Official Plan and the Region of Waterloo Official Plan.

In my opinion, the severance conforms.

b) the severance conforms with the zoning bylaw subject to minor variances to reduce the minimum lot area and width of the proposed severed lot.


c) the retained and severed lots have frontage on an open public road .


3

d) the severance conforms with the consent requirement of section 53(1) of the Planning Act.

In my opinion, the severance should conforms.

e) the severance will be compatible with the uses in the immediate neighbourhood.


In my opinion, the proposed severance conforms with the North Dumfries Official Plan.

Provincial Polley Statement 2014

In my opinion, the proposed severance is consistent with the provincial interest to allow for intensification through infill In built~up areas.

Section 51(24) of the Planning Act

In considering the consent, regard shall be had to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to the fourteen listed criteria.

In my opinion, the proposed severance is in keeping with the Intent of these criteria.

Grand River Conservation Authority Regulation

The subject property is not regulated by O.R. 150/06, as amended by O.R. 57/13.

Character of Neighbourhood

The subject property is located within an existing stable residential neighbourhood. Dwelling units exist adjacent to the north and south. Dwellings are located on the east side of Northumberland Street. Adjacent to the rear of the subject property are existing dwellings within a newer plan of subdivision.

Dwellings adjacent to the north and south and dwellings directly opposite all have direct access to Northumberland Street. Northumberland Street is a Regional Road within the AyrSettlement Area.

Compatibility

The proposed severance creates two smaller residential lots from the existing lot. The resulting lot areas will be consistent with the development that has taken place within the plan of subdivision located adjacent to the west. The resulting lots will be smaller in area from the lots adjacent on Northumberland Street, except that the lots on the east side of the street have a required minimum lot area of 700 square metres.

4

________ !:!

Intensification through infilling will typically create smaller lots within a community. In thfs proposal, the retained lot area satisfies the minimum required by the zoning bylaw. The lot width of the proposed severed lot is less than the required minimum by approximately 4.62 metres. Again, this is a consequence of infilling and the need to construct a new driveway on the proposed retained lot.

The reason for the reduced lot width of the retained lot is that with the demolition of the existing garage, a new driveway is required to be constructed on the south side of the existing dwelling. Consequently, the proposed severed lot will need to be narrowed. The driveway will be adjacent to the proposed new dwelling rather than the existing dwelling on an adjacent lot to the north.

The dwellings on the retained lot and the proposed severed lot will not be situated any closer to Northumberland Street than other existing dwellings.

The true test is whether the two proposed lots and dwellings are compatible with the character of the community. In determining compatibility, this does not mean the same. Rather, the following characteristics provide a measure of compatibility:

• The proposed lots and dwellings integrate harmoniously in the community.

• The proposal does no change the character of the community.

• The proposal does not disrupt the existing character.

• On balance, the proposal does not destabilize the character of the area by setting an unusual standard.

• There is no impact of the neighbours.

• The official plan policy supports the proposal.

Planning Opinion

In my opinion, the proposed severance of the existing lot to create an Infilling lot Is good planning.

The proposed minor variances to reduce the Minimum Lot Width from 18.0 metres to 13.3 metres and the Minimum Lot Area from 800 m2 to 720 m2 meet the four tests under section 45(1) of the Planning Act.

The variances are minor. The variances will not impact the use of land, building or structure adjacent to and in the vicinity of the property that Is the subject of the variance.

The minor variances are desirable. The purpose of the minor variances maintains or enhances the existing legal use of the subject land.

The general Intent and purpose of the Regional Official Plan and the North Dumfries Official Plan are maintained by the variances.

5

-------~

The general intent and purpose of the North Dumfries zoning By-law are maintained by the variances.

In my opinion, the proposed minor variances to reduce the Required Minimum Lot Width and the Required Minimum Lot Area of the proposed severed lot are good planning.

Mark L. Dorfman, F.C.I.P., R.P.P.

--------~

The Corporation of the Township of North Dumfries

North Dumfries Community Complex

2958 Greenfield Road

P .0. Box 1060

Ayr, Ontario NOB lEO

February 16, 2017

Reference : 244 Northumberland St

To the Township of North Dumfries council

ATTACHMENT 4 PD-04-2017

We have many concerns regarding the request for land severance at the location currently the property

of 244 Northumberland St.

1. When we moved here 23 years ago we moved for the privacy and the yard size. Within a few years the new build of Nith River Way constructed a monster home on the corner and to the

side of our yard. Views from this home look directly into our backyard and our driveway. With

the request for a new severance put another HUGE house on our other side next to our fence? This is obviously a money grab for the current property owner and not just a FLIP of the original house with expansion.

2. The traffic on Northumberland Street has increase significantly, why add to the existing problem. We can't even pull into our driveway now without somebody rite behind us or honking

because we are turning into our driveway .... Traffic is difficult enough for the properties on the

main street without adding the addition of a shared drive.

3. Shared driveways- we all know that a shared driveway NEVER works. How large are they planning on making the drive? Will it be wider? If so will it impact the root system of our cedars

on the property line. The cedars have been in place for 15 years or more and were planted with

the original property owner/builder Hugh Montgomery. 4. Privacy is a huge issue for us. We have 2 houses down one side of our yard, 1 house along the

back of our house and the property in question down the other side. Currently this house is far

enough away that we never had an issue with hearing conversations or such. With our other neighbours, unfortunately we can hear conversations, smell foods on the BBQ & fires.

Please accept this letter as our formal submission against the severance and let it go on record that we do not support the request.

Thank you

lan & Charlene Walkington

238 Northumberland St, Ayr, ON

519-632-8475

Region of Waterloo

Michelle Schaefle, Planner Planning Department Township of North Dumfries 2958 Greenfield Road P .0. Box 1060 Ayr ON NOB lEO

Ms. Schaefle:

Re: Comments for Consent Application B-03/16 Brad Klein-Geltink 244 Northumberland Street, Ayr

PLANNING, HOUSING AND COMMUNITY SERVICES 150 Frederick Street, 8th Floor Kitchener ON Canada N2G 4J3 Telephone: 519-575-4533 Fax: 519-575-4449 www.region.waterloo.on.ca

Jane Gurney 519-575-4500 Ext. 3454

File: D20-20/16 NDU

January 26, 2017

Please accept the following Regional planning comments for consent application B-03/16.

The purpose of this application is to sever the property municipally addressed as 244 Northumberland Street in order to create a new residential lot. The subject property is approximately 0.18 hectares, and the requested severance will divide the lands approximately in half, cre~ting a new lot on the southern portion of the property. The property is within the Ayr Township Urban Area as designated by the Regional Official Plan (ROP). The site is within the Built Up Area as designated on Map 3e of the ROP.

Transportation Planning Traffic Site Circulation & Access The subject property currently has a single access point to Northumberland Street (Regional Road 58), and a second access to Northumberland Street will not be permitted. If the subject property is severed as propQsed, a single shared access will be permitted to serve both properties (i.e. a shared drive). A mutual right of way agreement will be required between the two parcels to all_ow both parcels equal rights to access. The location of the existing driveway may be moved, but it will require a permit from the Region of Waterloo. Residential Access

Permits are currently $100.

Noise The subject property is located adjacent to Northumberland Street and it is within 200 metres

of a railway, both of which may create noise impacts. It is the responsibility of the applicant to

ensure the proposed residential development is not adversely affected by transportation

(road and rail) and/or stationary noise sources. In this regard the applicant must prepare an

2310588 NDU Post Circulation Comments, B-03/16

Environmental Noise Study to assess the impact of existing noise sources on the proposed development. The noise level criteria and guidelines for the preparation of the transportation aspects of the Environmental Noise Study are included in the Region of Waterloo Implementation Guideline for Noise Policies. Any requirement for the analysis of transportation and stationary noise impacts must comply with MOE NPC-300 Guidelines. The noise consultant must be pre-qualified by the Region of Waterloo, and a list of prequalified consultants can be provided upon request. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with four (4) copies ofthe Environmental Noise Study to the Region of Waterloo.

There is a $250 fee for the preparation of traffic forecasts and review of'Environmental Noise Studies by Region of Waterloo staff. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form. The requirement for the $250 fee and submission of the fee form still applies. The form can be found at http://www.regionofwaterloo.ca/ en/doingBusiness/ resources/ Noise Assessment Fee Applic at ion.pdf. The noise study will not be approved until this payment has been received.

Water and Wastewater Servicing New connections to the Regional water and wastewater systems will be required, possibly to serve the existing house as it is anticipated that the existing service connections will cross the proposed lot line. The applicant will be required to establish a new service connection to the satisfaction of the Region for water and wastewater service, ensuring that the service lines do not cross the proposed property line.

A summary of the process for making these connections is provided below for the information of the applicant and more detailed information can be provided once a detailed plan is available for the property. The applicant will be required to provide an existing drawing to demonstrate the locations of the current water and wastewater service lines to the property in order to ensure that the lines will not encroach onto the proposed new lot. It is possible that the configuration of the existing service to the property may mean that the existing house would best be serviced by new connections, while the existing connections could serve the proposed lot.

To initiate a new service connection and confirm capacity is available in the existing systems (water and sanitary systems), the Owner must submit a request to the Region. The Owner will then be required to submit a design drawing sealed by a Professional Engineer for the proposed work within the right-of-way for approval and approval by the Region. The Engineer must submit a cost estimate for works within the right-of-way for review and approval. Once approved, the Owner is required to post a security for the value of work. The security can be in the form of a letter of credit, certified cheque or cash. The Owner is also responsible for coordinating the construction with their own contractor; the Region does not undertake this work on behalf of the Owner. Regional staff must be mad~ aware at least

2 310588 ~mu Post C!rcul i'l ti o11 Comments. B 03/ J 6

three (3) business days in advance of any work taking place, and it is the responsibility of the Owner to ensure that all associated road work and building permits are attained from the Region and/or Township, as applicable.

Once construction is complete~ the design engineer must provide a letter or certification stating that the works were constructed in accordance with the approved drawings. The engineer shall determine the level of inspection required to issue such certification. Following completion of construction and the receipt of the certification letter, the security shall be reduced to 60% of the full value of the work. After one year, inspections of the work will take place and any deficiencies will be corrected (e.g. asphalt settlement, boulevard repair, etc.) after such time, the full value of the security will be released.

There is an application fee for a new water/sanitary service of $1,250 which must be submitted along with the detailed design drawing. Work will not be permitted to occur until the drawing is approved and the application fee has been submitted to and received by the Region.

The Owner should also be aware that this section of Northumberland Street has two watermains which run parallel to the road; a 250 mm PVC constructed in 1980, and a 300 mm PVC constructed in 2007. Because all other properties are connected to the 300 mm watermain, the proposed lot would also be required to connect to the same watermain. The Owner will be required to provide a servicing report for Water Services Staff to review and approve.

Summary

In summary, the Region has no objection to the subject application, subject to the following conditions:

1. Prior to final approval, the Owner shall retain a consulting engineer to prepare a design and specification in conformance with the Region of Waterloo Standards for the lateral service line(s) and associated road restoration to the severed lands, and to prepare a detailed cost estimate with itemized breakdown and quantities for all work required to complete the construction and installation of the lateral service line(s) to the satisfaction of the Region. The Owner may be required to enter into a Registered Development Agreement with the Regional Municipality of Waterloo to provide for the construction and installation of lateral connections for water and sanitary services on terms and conditions satisfactory to the Region.

2. Prior to final approval, a site grading and drainage plan, and a site servicing plan are completed to the satisfaction ofthe Region. A. Registered Development Agreement with the Regional Municipality of Waterloo may be required.

3. That prior to final approval, the Owner submits a Noise and Vibration Study assessing noise due to the traffic on Northumberland Street, Canadian Pacific Rail line, and

23 10538 l'lDU Po st Circuhtion CorTlllWilt S, B 01/1 5

stationary noise sources, if applicable, and indicating measures to attenuate noise and vibration, if required. A Registered Development Agreement with the Regional Municipality of Waterloo will be required if it is deemed necessary to implement any attenuation measures.

General Comments Any issuance of a building permit for future development on the lands subject to the abovenoted consent application will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of any decisions or minutes pertaining to the consent application noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned.

Sincerely,

~,ft11CIP, RPP Principal Planner

2310538

K. SMART ASSOCIATES LIMITED CONSULTING ENGINEERS & PLANNERS 85 Mcintyre Drive Kitchener, ON N2R 1H6

Tel: 519-748-1199 Fax: 519-748-6100

January 3, 2017 Ref Num 16-001

Michelle Schaefle, Planner Township of North Dumfries

2958 Greenfield Road, P.O. Box 1060 Ayr, Ontario

NOB lEO

Regarding:

Dear Sir:

Consent Application (B-03/16)

244 Northumberland Street, Ayr

We have reviewed the information sent to us for the above noted application.

We understand the applicant would like to sever the property to create a new lot.

We provide the following comments.

1. The proponent must demonstrate how overland drainage will be provided for the

created lot and the retained lot. Overland drainage from the new lot cannot be drained

onto adjacent properties or toward the retained lot and in a similar manner the retained

lot cannot drain toward the created lot.

2. The proponent shall provide a plan showing the location of existing services to the existing dwelling and servicing for the new created lot. Servicing to be approved by the

Region of Wateroo.

3. Driveway entrance to be approved by the Region of Waterloo.

David Har ch, P.Eng.

[email protected]

9 Consulling Engineers of Ontario

imited

www.ksmart.ca

December 12, 2016

The Township of North Dumfries Planning Department

2958 Greenfield Rd P .0. Box 1060

Ayr, ON NOB lEO

Attn: Michelle Schaefle

ENERGY+ INC.

File: Lll- Township -Pre consultation File :U06- Northumberland Rd -General

Via E-mail

Re: Pre consultation- 244 Northumberland Rd, Ayr, ON, legally known as Plan 680, Pt. Lot 3 Request to sever the property, demolish the existing garage and construct a residential dwelling on the proposed severed parcel

Energy+ Inc. WILL NOT CLEAR conditions on any severance until all of the requirements noted below have been satisfied.

1. We require a legal survey showing the existing property, existing easements, existing dwellings, existing hydro plant, proposed severance, proposed dwellings, proposed hydro plant, easements etc ... The survey must include dimensions of the existing lot, proposed lots, existing hydro plant and proposed hydro plant. Please consider the location of existing hydro poies when determining the location of the driveway.

2. The Applicant maybe be required to enter into a servicing agreement with Energy+ Inc. to service the proposed new lot if required at 100% cost. If relocation or upgrade is required as a result of this Application, the Applicant will be responsible for 100% cost. Energy+ Inc. will NOT approve a severance on a lot with no service. As per Current Conditions of Service, latest edition, only one service per property is permitted. Allow minimum 1 month for CND to process an estimate.

3. All EASEMENTS (will be determined once satisfactory legal plan has been submitted) must be APPROVED and REGISTERED at customer's cost.

Please note, a legal plan, which does not satisfy the requirements noted may cause delays in processing.

Should additional information be required, kindly contact me at your convenience.

Kindest Regards, ENERGY+ INC.

Helen Robinson

Engineering Legal Co ordinator

/hr

Robert Shantz Fire Department

REQUEST FOR COMMENTS TO:

FROM:

RE:

Agencies and Departments


Consent Application (B-03/16) 244 Northumberland Street, Ayr Township of North Dumfries

Legal Description: PLAN 680 PT LOT 3 (Roll Number 300101 0001 00400)

RELATED PC-16/19 FILE:

CC:

DATE:

Brad Klein-Geltink Ward 2 Councillor: Derrick Ostner CAO: Andrew McNeely

December 8, 2016

On November 3, 2016, a pre-consultation request was circulated regarding a consent proposal for 244 Northumberland Street, located in the Community of Ayr.

The applicant has now submitted the attached Consent Application for 244 Northumberland in the Community of A yr. The Applicant is proposing to severe the property to create one new lot.

Please review and provide comments, as well as conditions of approval if applicable, on or before January 12lh, 2016.


If you have no comments/concerns, please place a checkmark in the box and fax to 519-632-8700 or send an email to [email protected]

f.Of:/lf( $/ffPol-fl } rlf?£ cfflr-f'

Name/Agency or Department

~4; Signature

Michelle Schaefle

From: Sent: To:

Gerald Moore January-18-17 9:42AM Michelle Schaefle

Subject: RE: 244 Northumberland Revised elevations

Hi Michelle,

We are satisfied with the proposal based on this submittal.

Thanks

Gerald Moore, CET, CBCO, CRBO Chief Building Official

The Corporation of the Township of North Dumfries North Dumfries Community Complex 2958 Greenfield Road P.O. Box 1060 Ayr, Ontario NOB lEO

519-632-8800 ext. 125 rn 519-632-8700 519-632-9935 gmoore@ northdumfries.ca

-----Original Message----From: Michelle Schaefle Sent: January-18-17 9:30AM To: Gerald Moore Subject: 244 Northumberland Revised elevations

Gerald,

The applicant for the consent at 244 Northumberland provided the attached for spatial separation. Please review when you get a chance and let me know if it impacts the proposal/any conditions.

Best regards,

Michelle Schaefle

Planner

The Corporation of the Township of North Dumfries North Dumfries Community Complex 2958 Greenfield Road P.O. Box 1060 Ayr, Ontario NOB lEO

519-632-8800 ext. 132 7 519-632-8700 519-632-9935 mschaefle@ northdumfries.ca

1

Website: www.northdumfries.ca

Do you really need to print? Think green. Confidentiality Notice: This email correspondence (including any attachments) may contain information which is confidential and/or exempt from disclosure under applicable law, and is intended only for the use of the designated recipient(s) listed above. Any unauthorized use or disclosure is strictly prohibited. If you are not the intended recipient, or have otherwise received this message in error, please notify the sender by replying via email, and destroy all copies ofthis original correspondence (including any attachments). Thank you for your cooperation.

-----Original Message-----From: Brad Klein-Geltink [mailto:[email protected]] Sent: January-12-17 10:20 AM To: Michelle Schaefle <[email protected]> Subject: Revised elevations

Here are the drawing for window opening as requested. Please advise what you still need from me.

Sent from my iPhone

2

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IS

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1-

APPROXJMATE PROPERTY BOUNDARY (186.5' x 1141 1<-1 ---------------------"---------·"----------------]

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NEW 182B8 fSl'-41 1 ~ 61 DECK EXISTING ! I ~: HOUSE ..... ~ I ~ I _I__ 182!!6 [!59'-111 J.

! "L _______ ~ • ww4inNG:: I_ r ----_D~AY ____ "' _ _ _ :

1<- 'r---------~~=-----=-----------~~ ____ w~~---1 1.5m ~TEACK - __________ - ____ - __ - ____ - _- _--- -

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-w-e- ------ - ------------~ 1.5m S£lBACk

t-t ---~----- -----------:8=~-------------------- ]

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project drawing dote

244 NORTHUMBERLAND ROAD PROPOSED 05/09/2016 AYR, ONTARIO SITE PLAN

project number

16001

tE e: tl)

~ ::s fE ~ ::::1 i:S ex: §E

plot scale

1 : 1

sheet-number

ATTACHMENT 1 - ORIGINAL CONCEPT SKETCH

244 NOFmiUM8ERIAND 5l1IE£T

ZONING DESIGNAT1DN: ZDNE 4A

REDUIRED

LOTAFIEA BOOsq.m.

LOT WIDTH 18m

flls1fKEYARD 1.5m

MIN. RMf YARD SEJBA K 7.5m

drawing seale

1:200

reference number rev. no.

SP1 A

APPROXIMATE PROPERlY BOUNDARY (186.5' x 114') ~~ - --- -- - -- - 1.5m SE~-::-- --- --- --- ---'.--- -- - --- --- -- --- --- --- --- --- --- --- ---~

I ~ --- - -- - --------~-----------~---- - ----------------- ~

I I .. ID I I i ~

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~ .~ 1ss!o[52·-21 NEW ~ 1 ' NEW ADDITION

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~r- - - - - .., 18256[59'-11"]

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14956 [49'-11

19298 [63'-4"]

' -~-~- -- - -- -------------- - - - ----------~~~------~ 0

_, - ---------~~--- - -- -----~---------------------------------~~~ ~ : ,- -'·'• ~~---------------------------------------------- "'" ~ I I DRIVEWAY I I I I

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I REMOVED IF I I NECESSARY I I I ~ L--- -------------------- - -- - ----------- - ---- -- ----- ~ L

rJ, 1.5m SETBACK • _j .--[ ----~ ----------------- - - ---- ~68=~~ - -- - ----------- -------- - - ----- -l

project drawing date

244 NORTHUMBERLAND ROAD PROPOSED AYR, ONTARIO SITE PLAN 05/09/2016

project number

16001

0 en ;g

ATTACHMENT 2- REVISED CONCEPT

plot scale

1 : 1

sheet-number

244 NORTHUMBERLAND STREET

ZONING DESIGNATION: ZONE 4A

REQUIRED

LOT AREA BOOsq.m.

LOT WIDTH 18m

MIN. SIDE YARD SETBACK 1.5m

MIN. REAR YARD SETBACK 7.5m

drawing scale

1:200

reference number rev. no.

SP1 A


CONSENT APPLICATIONS John and Denise Praskey Ken Irvine and Lori Mara 296 and 310 Northumberland Street File No. B-01/17 and B-02/17

RECOMMENDATION:

The Township Planner recommends


1) THAT the Committee of Adjustment receives PD Report No. 05-2017;

2) THAT Consent Application B-01/17 being a request for a lot addition for 310 Northumberland Street, be APPROVED subject to the following conditions:

i. That a Reference Plan as prepared by an Ontario Land Surveyor illustrating the newly proposed lot lines and indicating that the requirements of the Townships Comprehensive Zoning By-law have been met;

ii. That the Owner pays the Township any outstanding taxes in full on the property;

iii. That the applicable single plan review fee to Grand River Conservation Authority for the minor consent application be paid in full;

iv. That the payment of the Township's Administrative Fee in the amount of $185 is received;

v. That Section 50(3) of the Planning Act, R.S.O., 1990, shall apply to any subsequent severance of or transaction involving the subject properties; and

vi. That the above conditions must be fulfilled and the Document for Conveyance ("Certificate of Consent") be completed by the Secretary-Treasurer of the Council within one (1) year of the date

...... 31 . 0..

21Page


of written decision pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approvals shall lapse.

3) AND THAT Consent Application B-02/17 being a request for a lot addition for 296 Northumberland Street, be APPROVED subject to the following conditions:

i. That a Reference Plan as prepared by an Ontario Land Surveyor illustrating the newly proposed lot lines and indicating that the requirements of the Townships Comprehensive Zoning By-law have been met.

ii. That the Owner pays the Township any outstanding taxes in full on the property.

iii. That the applicable single plan-review fee to Grand River Conservation Authority for the minor consent application be paid in full.

iv. That the payment of the Township's Administrative Fee in the amount of $185 is received;

v. That Section 50(3) of the Planning Act, R.S.O., 1990, shall apply to any subsequent severance of or transaction involving the subject properties; and

vi. That the above conditions must be fulfilled and the Document for Conveyance ("Certificate of Consent") be completed by the Secretary-Treasurer of the Council within one (1) year of the date of written decision pursuant to Section 53(17) of the Planning Act, R.S.O. 1990, otherwise the approvals shall lapse.

1. PURPOSE:

The purpose of this Report is to solicit comments from interested members of the public and agencies, and to advance a Recommendation for the Committee's consideration on the merits of the application filed by John and Denise Praskey for consent applications intended to facilitate a lot line adjustment to "square off' property lines such that amenity areas are more reflective of the accessory uses and outdoor amenity areas for the properties situated at 296 and 310 Northumberland Street, in the geographic Township of North Dumfries.

31Page


For the purposed of simplicity, Applications B-01/17 and B-02/17 are being considered in one consolidated Public Hearing.

This Report will:

• provide an overview of the proposed development; • confirm present provincial, official plan and zoning policies for development of the

subject properties; • solicit comments from interested members of the public and government

agencies on the proposed severance applications; and • provide a recommendation to the Committee on the merits of the application.

2. BACKGROUND:


Application(s) Consent Application B-01/17 and B-02/17 Related Application(s) None Owner(s): 310 Northumberland Street, Ayr

Ken Irvine and Lori Mara 296 Northumberland Street, Ayr John and Denise Praskey

Applicant(s) John and Denise Praskey Legal Description: CON 8 PT LOT 36 RP67R3025 PT 1 and PT 3 Civic Address: 310 Northumberland Street, Ayr and 296 Northumberland

Street, Ayr Assessment Roll No.: 310 Northumberland Street, Ayr

3001-01 0-005-1 0200 296 Northumberland Street, Ayr 3001-010-001-00100

Public Meeting: Public Meeting - Mondal£ Februa[X 27th1 7:00 l!m

Location: MacNeil Hall, North Dumfries Community Complex 2958 Greenfield Road, Ayr, ON NOB 1EO


The subject lands are located in the urban area of Ayr. The properties are municipally addressed 296 and 310 Northumberland Street.

A location map and site photographs are provided below.

41Page

PD Report No . 05-2017 February 27 1 h, 2017

Each property is currently occupied by a single detached dwelling. The road frontage for 296 Northumberland is 32.7m (1 07.2ft) with a lot area of 0.51 hectares (1.4 acres). The road frontage for 310 Northumberland is 104.8m (343.6ft) with a lot area of 0.57 hectares (1.3 acres). A portion of the properties are forested. The west part of the subject lands contain part of the Nith River. The lands are regulated by Grand River Conservation Authority (GRCA).

Location Map

5I Page


Site Photographs

Lot line adjustment proposed to square off amenity areas (gazebo used by 296 Northumberland but located at 310 Northumberland)

&I Page



Residential land uses are located to the south and east of the subject lands. Natural heritage features including the Nith River and woodlands are adjacent to the west and north of the subject lands.


The residential land owners of the subject properties are proposing a lot line adjustment between 296 and 310 Northumberland Street. The lots are irregularly shaped and the subject applications propose to "square off' property lines such that amenity areas are more reflective of the accessory uses and outdoor amenity areas. The lot line adjustment would result in the exchange of approximately equal amounts of land in which more standard shaped lots would be created. No new lots are proposed.

An illustration of the development proposal is outlined below.

"·

71Page

PO Report No . February 27 1 h,

05-2017 2017

Illustration of Proposed Consent Applications:

§ 8.

EXISTING PROPERTY LINE

NORTHUMBERLAND STREET

310 SELLS TO 296


... . -

!t u

"' ~ "' : -.: ,_

NEW PROPERTY LINE


296 SELLS TO 310

.y


:!

Sf Page


3. PLANNING POLICIES

3.1 Planning Act

Section 51 (24) of the Planning Act sets out the criterion to be considered when assessing the merits of a Consent application. Specific to this proposal, the relevant criterion include:




(d) the suitability of the land for the purposes for which the lands are to be severed


(k) the area of land, if any, within the proposed development that is to be conveyed for public purposes


In terms of Provincial Interest, a decision of the council of a municipality, a local board, commission or agency of the government shall be consistent with policy statements including the Provincial Policy Statement (PPS).

The only applicable policy with respect to lot line adjustments is Policy 2.3.4, which applies to the creation of new lots and lot line adjustments within prime agricultural areas. The subject lands are not designated as prime agricultural and therefore these policies are not applicable.


In the Regional Township Official Plan the lands are located within the Built-Up Area of the Township Urban Area Boundary (Map 3e). On Map 5A Greenlands Network, designations include Core Environmental Features and an Environmentally Sensitive Policy Area.

Section 6.E contains applicable policies on lot line adjustments. Applicable to the subject lands is Section 6.E.16 a):

• Notwithstanding the provisions of Policies 6.E.1 and 6.E.2, a new farm or new lot will not be deemed to have been created where consent to sever is given for the following purposes:

91Page


(a) minor adjustments to lots so as to permit conformity with existing patterns of exclusive use and occupancy, or to rectify problems created by the encroachment of buildings, structures, private wells or individual wastewater treatment systems on abutting lots, provided that such adjustments do not result in the creation of any additional lot held, or capable of being held, in distinct and separate ownership pursuant to the Planning Act;


In the Township Official Plan, the subject lands are within the Built-Up area of Ayr and are designated as Urban Residential and Ancillary on Map 2.1 (Ayr Urban Area). On Map 5A Greenlands Network, designations include Core Environmental Features and an Environmentally Sensitive Policy Area.

Similar to the Regional Official Plan, Section 2.12 contains applicable policies on lot line adjustments. Applicable to the subject lands is Section 2.12.2 b):

• Section 2.12.1 Notwithstanding Policies 2.10.1 and 2.11.1, a new farm or a new lot will not be deemed to have been created where consent to sever is given for the following purposes:

b) to make minor adjustment to the legal boundaries of lots so as to conform to existing patterns of exclusive use and occupancy, or to rectify problems created by the encroachment of buildings, structures, private water supply or private sewage disposal facilities on abutting lots, provided that such adjustments do not result in the creation of any additional lot held, or capable of being held, in distinct and separate ownership pursuant to the Planning Act:

c) to make minor adjustments to the boundaries of two adjoining nonfarm lots recognized by the Township's Zoning By-law, provided that such adjustments do not result in the creation of any additional lot held, or capable of being held, in distinct and separate ownership, pursuant to the Planning Act;

Section 3.1.1 also contains applicable policies in regards to land use compatibility. Applicable to the subject lands is Section 3.1.1.1 a, b, c, and e:

• The Township will encourage development that is compatible with the location, density and other characteristics of surrounding land uses. Compatibility will address both the impacts of surrounding land uses on the proposed development, as well as impacts of the proposed development on

10 I Page


surrounding land uses. Factors that will be used to assess the compatibility of a proposed development include:

a) the density, scale, height, massing, visual impact, building materials and architectural character of surrounding buildings and the proposed development;

b) the preservation of the natural environment and built heritage resources;

c) the continued visibility and viability of adjacent land uses;

e) pedestrian and vehicular movement and linkages, and parking requirements;

3.4 Zoning By-law 689.;83

The subject lands are currently zoned Zone 3 (Residential) in the Township's General Zoning By-law 689-3. The permitted uses within this zone include a residential dwelling, a Group Home Type 'A' and associated accessory uses. The proposed lot line adjustments conform to setback requirements in the Zoning By-law.

4. CONSULTATION


As of the date of preparing this Report for inclusion in the February 271h, 2017 Committee of Adjustment Meeting Agenda, no correspondence has been received from members of the Public.


As of the date of preparing this Report for inclusion in the February 27th, 2017 Committee of Adjustment Meeting Agenda, the following comments have been received from circulated Township staff and other government agencies:



• Building Department: No concerns

• Public Works Department: No concerns

111Page


ii) Region of Waterloo:

• No concerns

iii) Energy + Inc:

• No concerns

iv) Grand River Conservation Authority:

• No objection to the approval of this consent application.

• The above-noted applications are within a GRCA area of interest and is considered a minor consent application. In accordance with the 2017 Plan Review Fee Schedule, the applicable plan review fee is $390.00.


Staff have attended the site and conducted an assessment of both the property and adjacent landholdings. Staff have also reviewed the applicable provisions of the Planning Act, Regional Official Plan, Township of North Dumfries Official Plan and General Zoning By-law in the context of the request for the proposed lot line adjustments between 296 and 31 0 Northumberland Street.

In the context of the preceding paragraphs, staff recommend to the Committee of Adjustment that the lot line adjustment applications as requested be APPROVED subject to the conditions noted in the Recommendations Section at the beginning of this Report.

Staff's planning opinion is based upon the following:

i) The proposed lot line adjustments conform to the Provincial Policy Statement, Region of Waterloo Official Plan, Township of North Dumfries Official Plan and General Zoning By-law 689-83;

ii) The subject lands are suitable for the proposed purpose whereby the lot lines would be adjusted to be more reflective of existing amenity areas;

iii) The dimensions and shapes of the proposed lots would result in more traditionally shaped lots; and

iv) No new development is proposed.

121 Page




7. ATTACHMENTS

1. Application for Consent B-01/17 and B-02/17

2. Agency and Department Comments


Report Prepared By,



-Til~ TOHTNSE-llP u/-· -NORTH DUMFRIES

COMMITIEE OF ADJUSTMENT Planning Department

2958 Greenfield Road ON NOB 1EO

Pursuant to Section 53 of the Planning Act, RSO. 1990, as amended, an application for Consent is hereby submitted, and enclosed is the Prescribed Information (in metric), as per Ontario Regulations 197/96 & 505198. and the current application fee. Please consult the


Consultation with Township stllff Is encourwged prior to submission of this application.



1. a) Name of Applicant John st l>eo l's.e f'fa skey Phone No. S' I 9 cl.4:D ¢(pOI

Fax No. Email Address je.f- do...\? <2- rog-ers, C.01"1

Address o1Ato NnclbLLM \wr- \o.nd ~. Postal Code ~)("'I B. I tto b) Name of Authorized Agent Phone No.-------

Fax No. Email Address-------------

Address Postal Code _____ _

c) Name of Owner ]o"'n ~ Uent'?e ~a.& ke.\1 Phone No. 519- JLlO- ()(o()f I

FaxNo. E~aiiAddressj·e.p -daf <P~ l'oser~,Carv)

Address d. £l b )J or4-hu oo b er= \a Y"'\ cl ~. Postal Code 1\J C> ~ I IE' 0

2. Legal description of subJect lands: IJO 1

..

Civic Address (No., Unit & Street Name) on.IO \..) 0 r-+ ~ LLM be c I Cl.n d S-t -

Township Lot __________ Subdivision Lot----- ----

Concession/Range/Tract , _______ Former Municipality _____ _

Registered Plan No. _____ Lot No. _____ Block No. _____ _

Reference Plan No. _____ Part No. _______ _

Assessment Roll No(s): .:,;30:.:0~1 _______ , .::.:30:.:0~1:........ _______ __ _



18] Lot Addition (with this, provide the Roll No.s of the receiving parcel(s) being enlarged)

.::,:30:.,:0~1_-_____________ ,~30~0~1~--------------------

D easement 0 right of way 0 mortgage/charge D lease 0 correction of title.


(

fe $ f 12. p;/-{J-e p r<P pe.rffe S et-Y'e. Mof'e re~le.c..+fve. af ±he- a..cce s s ory o ses and ou .. A-door spaces.


(if known) Ken / f ll fne v- LC) r I 1:=\ a. ra '


2


Parcel Data Severed Lands or Lot Retained Lands or Lot Frontage (m} Depth (m) Area (sq.m or ha)

Primary: Primary: Existing rand uses

Secondary: Secondary:

Principal: Principal: Existing building/structures Accessory: Accessory:

Primary: Primary: Proposed land uses

Secondary Secondary:

Principal: Principal: Proposed building/structures Accessory: . Accessory:

D provincial Highway U provincial highway Type of vehicle access D municipal road 0 municipal road

and

Name of thoroughfare D right-of-way 0 right-of-way


. Water service

bJ municipal watermain D communal source

bJ municipal watermain 0 communal source

Dwell Dwell Ocistem Ocistem D other D other

Sanita_ry service bJ municipal sewer 0 communal system

8 municipal sewer communal system

3

D septic system b! septic system D holding tank D holding tank D other D other

7. a) Official Plan designation(s) and policies affecting these lands: ~-------

A~I. u ~ ... AI~ 1 [.w'~ v,~

b) Current Zone(s) and regulations affecting of these lands: ----------

il t~r

8. Are the subject lands or have the subject lands ever been the subject of an application for a Plan of Subdivision or Consent under the Planning Act? 0 yes or D no

If known, list File No.(s) ---------------------

and decisions ________________________ _


by the owner. ____________________________________________ ____


the File No.(s) and date of the Consent __________________ _

the name of recipient(s) of the severed lands-----------------

11. List all other planning applications relevant to the subject lands--------

4

12. If yes to Entry No. 11, list their File No.s ---------------

and the application's status (i.e. in review, approved)------------

13. Please also include a detailed plan accurately illustrating the following for both the severed lands and retained lands: .

a) the legal description of the subject property; · b) location of the subject property in relation to the nearest township lot or other landmark: c) boundaries and dimensions of the subject lands in relation to the subject property; d) boundaries and dimensions of the subject lands showing the severed/retained parts; e) location, size, type of all existing building, structures, uses and their setbacks from

existing lot lines, driveways, parkingnoading spaces, infrastructure and utilities; f) location, size, type of all proposed buildings, structures, uses and their setbacks from




14. Identify whether the application is consistent with the policy statements issued under subsection 3 (1) of the Act (see Schedule 1-15 ofOReg 197196).

D yes or D no and explain why or why not---------------



D yes or ba' no

16. If the answer to Entry No. 15 is yes, explain whether the application conforms to or does not conflict with the provincial plan or plans (see Schedule 1-17 of OReg 197196).

s

D Date/Author of the Report------------------


D yes or . Oil no { 0 "'.}.) t--.J ~ R J 18. An affidavit or sworn declaration, that the above described Prescribed Information has

been provided and is complete and true. Dyes orOno


Signature of Applicant Signature of Owner (s)

Signature of Agent Signature of Owner (s)

Dated this-------- day of __________ • 201 ___ _

NOTE: All correspondence related to this application is provided to the Applicant, Owner and Agent.

6


I, ---------- ----- of the _____ _____ __ _

of _____________ in the Province of Ontario, solemnly declare that all



---------------of ________ ___________ _


this ______ day of _______ 20_


----~------a Commissioner, etc. Stamp

7


Have you pre-consulting with Township Planning staff?·.Yf~ If so, who did you speak with? flndf'el(.) /fr.-, Md

Please note: any 2nd and subsequent I conjunction with the initial application a

0 1 original and 11 copies of completed and signed application form are required

0 Written authorization by the Owner is required if the application is signed by an applicant. agent or solicitor on their behalf.

0 12 copies of a detailed conceptual lan and/or site plan

8

IFoR STAFF usEI


In determining the merits of the Planning Act Applications associated with your development proposal, the Township may request the folfowing documents to be prepared to address the matters of Provincial and Municipal Interest. The Township will require 12 paper copies and 1 electronic pdf copy (flash drive) of all forms and documents indicated below.


a. Prescribed AQ~Iication and Fee as per the Plannina Act D_yes _

b. Planning Impact Analysis Report Dyes c. Functional Engineering, Servicing & SWM Report Dyes d. Traffic Impact Analysis Dyes

e. Hydroaeological Report Dyes f. Geotechnical/Soils Report Dyes

g. Environmental Impact Study Dyes h. Tree Protection & Landscaping Plan Dyes i. Floodplain Analysis Dyes

j. Land Use Compatibility Assessment Dyes k. Noise and Vibration Report Dyes I. Record of Site Condition Dyes

m. AgriculturallmQact Assessment Report Dyes n. MDS calculations Dyes

0. Archaeological Assessment Dyes p. Heritaae Impact Assessment Dyes

q. Market Feasibility Study Dyes r. Financial Impact Analysis Dyes

s. Draft Policies Exemptions and/or Schedules Dyes

t. Other information: Dyes

Applicant I Owner I Agent Informed: 0 yes. Date:--------------

Informed by: 0 phone. 0 letter/email. TND Staff: --------------

9

PLAN OF SURVEY OF PART OF LOT 36, CONCESSION 8 TOWNSHIP OF NORTH DUMFRIES; REGIONAL MUNtCIPALI TY OF WATERLOO

I f~rly o6 hilt Y•IIOJC of &~t I S(61.f ••• to

C .1. WtcDII_, Sur,.,,.. \.Ill Jill

' CAIITIO" '"'' l't•ttw•e&MfA ...... ~ ......... .... -.~'., ., ~ ......... .kl .z "'...a~ _ta~•

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-~ .. -.... ..... .. & .. - ..... .. ..... __ ....... . ... ..,... .. "~·~ ·-"" ..... "" ofM-Ut

41 ~& «< ,. --···~·

-The TOWNSHIP o NORTH DuJFRIES

COMMITTEE OF ADJUSTMENT Planning Department

2958 Greenfield Road NOB 1EO

Pursuant to Section 53 of the Planning Act, RSO. 1990, as amended, an application for Consent is hereby submitted, and enclosed is the Prescribed Information (in metric), as per Ontario Regulations 197/96 & 505198, and the current application fee. Please consult the


Consultlftlon with Township staff Is encouraged prior to submission of this application.



1. a) Name of Applicant Phone No. 51 q ;2.40 Q(oo 1

Fax No. Email Address ,.fer- d 4f e. co3ers . coM

Address J,CJ(p t\1oc+tt4Mioec)and Sf-. PostaiCode Alof> lgb

b) Name of Authorized Agent Phone No.-------

Fax No. Email Address-------------

Address Postal Code------

c) Name of Owner l<e n · lriLtlte.. + Lori H.e..ca

FaxNo. EmaiiAddress jrv t"YJe.eorrfn::tc.f., ·hJe f}wtarl-t.or'l

Address 3\0 "'-.\or+ hu. wt ber- la.n d S±. Postal Code AJ 0 ~ I € 0

2. Leaal description of subiect lands: Civic Address (No., Unit & Street Name) 51 0 Nor-kuvn b erJ la.n c:l S± ...

Township Lot Subdivision lot---------

Concession/Range/Tract Former Municipality------

Registered Plan No.----- Lot No. _____ Block No.------

Reference Plan No. _____ Part No. ____ _

Assessment Roll No(s): .:;30::.:0:::..:1"--------'' :.:30:.:0:....::1 __________ _



~ Lot Addition (with this, provide the Roll No.s of the receiving parcel(s) being enlarged)

=30=0~1-----------------•:.:30~0~1-------------------

0 easement D right of way D mortgage/charge D lease D correction of title.

With this, provide a description the cause and effect of the easement, right of way, mortgage/charge, lease or correction of title being sought by the Consent

L -\- \ I \ + . d I \\ ("'('11 o ine- a a...,J,U.S-rMef'\ 1f\+er--de -t-0 S~U.ttf'e (Jt't

f?~"'"ff<'-h.,t l~ne.s ~o i\,0 ..\- aW\eV\.r+)l a:..reas. of' r-esrecJive_

pro ee('-H'cs a.re..- IY1 of'"e.. te+l-et..+i v-e. Qt- +"'e._


(if known) J" o h n -... U eo { s.e PC" a.. s.. to~.... e.'/


2


Parcel Data Severed Lands or Lot Retained Lands or Lot Frontage (m)

Depth (m)

Area (sq.m or ha)

Primary: Primary: Existing land uses

Secondary: Secondary:

Principal: Principal: Existing building/structures Accessory: Accessory:

Primary: Primary: Proposed land uses

Secondary Secondary:

Principal: Principal: Proposed buildinglstructures Accessory: Accessory:

D provincial Highway D provincial highway Type of vehicle access

D municipal road D municipal road

and

Name of thoroughfare D right-of-way D right-of-way


Water service bJ municipal watermain D communal source

bJ municipal watermain 0 communal source

Dwell Dwell Dcistem 0 cistern D other 0 other

b! municipal sewer B municipal sewer Sanitary service D communal system communal s~tem

3

D septic system D holding tank 0 other

LJ septic system D holding tank 0 other

7. a) Official Plan designation(s) and policies affecting these lands: ~--------

A~/. ~A"' AJQI. j £,"'/~ ~~~

b) Current Zone(s) and regulations affecting of these lands: ----------

~1 t~r

8. Are the subject lands or have the subject lands ever been the subject of an application for a Plan of Subdivision or Consent under the Planning Act? D )res or g no

If known, list File No.(s) ---------------------

and decisions ________________________ _


by the owner: _____________ ------------------


the File No.(s) and date of the Consent------------------

the name of recipient(s) of the severed lands---------------

11. List all other planning applications relevant to the subject lands--------

4

12. If yes to Entry No. 11, Jist their Fire No.s ---------------

and the application's status (i.e. in review, approved)------------


a) the legal description of the subject property; · b) location of the subject property in relation to the nearest township lot or other landmark: c) boundaries and dimensions of the subject lands in relation to the subject property; d) boundaries and dimensions of the subject lands showing the severed/retained parts; e) location, size, type of all existing building, structures, uses and their setbacks from





14. Identify whether the application is consistent with the policy statements issued under · subsection 3 (1) of the Act (see Schedule 1-15 of OReg 197/96).

D yes or D no and explain why or why not ______________ _

D Date/Author of the Report __________________ _


0 yes or~ no

16. If the answer to Entry No. 15 is yes, explain whether the application conforms to or does not conflict with the provincial plan or plans (see Schedule 1-17 of OReg 197/96).

s



1&1 yes or D no

18. An affidavit. or sworn declaration, that the above described Prescribed Information has

been provided and is complete and true.

Signature of Agent Signature of OWner (s)

Dated this ;g ~ y.?, day of ] e c ij}'\ b e r , 201.-b __ _

NOTE: All correspondence related to this application is provided to the Applicant. OWner and Agent.

6

Sworn Declaration as per Entry No.18 of the Application

l, _______________ ofthe ____________ _

of------------- in the Province of Ontario, solemnly declare that all

the statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the CANADA EVIDENCE ACT. ·


---------------------of __________________________ __


this ______ day of _______ .20_


--------::~--------a Commissioner, etc. Stamp

7


Have you pre-consulting with Township Planning staff? Y fE 5 If so, who did you speak with? A nclret.D yt1c.. y an d..

0 $1,260 per lot or block to be created or 1,100 for a lot line adjustment cash or Cheque payable to the Township of North Du ·

Please note: any 2"d and subsequent I conjunction with the initial application a

D 1 original and 11 copies of completed and signed application form are required

0 Written authorization by the Owner is required if the application is signed by an applicant, agent or solicitor on their behalf. 1

0 12 copies of a detailed conceptual plan and/or site plan

8

IFOR STAFF usEI

Technical Information and Studies Required by the Townshjp

In determining the merits of the Planning Act Applications associated with your development proposal, the Township may request the folrowing documents to be prepared to address the matters of Provincial and Municipallnteresl The Township will require 12 paper copies and 1 electronic pdf copy (flash drive) of all fonns and documents indicated below.



b. Planning Impact Analvsis Report Dyes c. Functional Engineering, Servicina & SWM Report Dyes d. Traffic Impact Analysis Dyes

e. Hydrogeological Report Dves f. Geotechnical/Soils Report Dyes

_g. Environmental Impact Study Dves h. Tree Protection & Landscaping Plan Dyes i. Floodplain Analysis Dyes

j. Land Use Compatibility Assessment · Dves k. Noise and Vibration Report Dves I. Record of Site Condition Dyes

m. Agricultural Impact Assessment Report Dves n. MDS calculations Dyes

0. Archaeological Assessment Dyes p. Heritage Impact Assessment Dves

Q. Market Feasibility Study Dyes r. Financial Impact Analysis Dyes

s. Draft Policies, Exemptions and/or Schedules Dyes

t. other information: Dyes

Applicant I Owner I Agent Informed: D yes. Date: ------------


9

PL. AN OF SURVEY OF PARi OF LOT 36, CONCESSION 8 TOWNSHIP OF NORTH DUMFRIES; REGIONAL MUNlCIPAU TY OF WATERLOO

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Region of Waterloo

Michelle Schaefle, Planner Planning Department Township of North Dumfries 2958 Greenfield Road P.O. Box 1060 Ayr ON NOB lEO

Ms. Schaefle:

Re: Comments for Consent Application B-01/17 John and Denise Praskey 296,310 Northumberland Street, Ayr

PLANNING, HOUSING AND COMMUNITY SERVICES 150 Frederick Street, Bth Floor Kitchener ON Canada N2G 4J3 Telephone: 519-575-4533 Fax: 519-575-4449 www.region.waterloo.on.ca

Jane Gurney 519-575-4500 Ext. 3454

File: 020-20/17 NDU

January 26, 2017

Please accept the following Regional planning comments for consent application B-01/17.

The ·purpose of this application is to reconfigure the lot line between the properties municipally addressed as 296 and 310 Northumberland Street, Ayr. The lots are irregularly shaped and the subject application proposes to exchange approximately equal amounts of land to create more standard shaped lots.

The property is within the Ayr Township Urban Area as designated by the Regional Official Plan (ROP). The site is within the Built Up Area as designated on Map 3e of the ROP. The properties are bound by the Nith River to the rear, and there is a significant amount of each property along the River which are designated as Significant Forest, Significant Valley and Environmentally Sensitive Policy Area (ESPA). The Township is requested to consider zoning the areas within the environmentally designated lands as Open Space, or an equivalent

zoning, at the earliest opportunity. The road widt.h along these properties is not dedicated to the full width in accordance with the ROP. If development was to occur on these properties the applications would be required to provide environmental studies and to possibly dedicate road allowance to the Region of Waterloo. There is no development proposed associated with the subject application, and on this basis the Region has no objection to this application.

Summary

In summary, the Region has no objection to the subject application.

2327699 NDU Post Circulation Comments, B-01/17

General Comments Any issuance of a building permit for future development on the lands subject to the abovenoted consent application will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of any decisions or minutes pertaining to the consent application noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned.

2327699

Sincerely,

J1.:ut~. MCIP, RPP Principal Planner

I'JDU Post Cirwl;-1tion Cornn~t:.nh. B 01'.! 7

400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6

Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621.4844 Online: www.grandriver.ca

PLAN REVIEW REPORJ:

DATE: January 27, 2017 YOUR Please see below. FILE:

GRCA FILE:

N:\ROW\NORTH DUMFRIES\2017\Severance\Bl & B2-17-296 & 310 Northumberland St\GRCA Comments

RE: Consent Applications (B-01/17 & B-02/17) John & Denise Praskey 296 & 310 Northumberland Street, Ayr Township ofNorth Dumfries

GRCA COMMENT*: The Grand River Conservation Authority (GRCA) would have no objection to the approval of these consent applications by the Township of North Dumfries. The applicants are further advised that the subject lands are regulated by the GRCA and any future development/site alteration on these properties will require prior approval from the GRCA under Ontario Regulation 150/06.

BACKGROUND:

1. Resource Issues:

Information currently available at this office indicates that the subject lands are located immediately adjacent to the Nith River valley and contains portions of the Regional Storm floodplain, steep valley and erosion hazard slopes and their allowances. The subject lands are also located within 120 metres of the Provincially Significant Greenfield Swamp Wetland Complex. Consequently, the subject lands are regulated by the GRCA under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation).

Please be further advised that the subject lands are located immediately adjacent to the Reinhart Property, owned by the GRCA.

2. Legislative/Policy Requirements and Implications:

It is our understanding that the purpose of these consent applications is to permit a lot line adjacent between these two properties. It is our further understanding that no additional development is being proposed as a result of these applications. However, the applicants are advised that the subject lands are regulated by the GRCA and any future development/site alteration on these properties will require prior approval from the GRCA under Ontario Regulation 150/06. GRCA property staff has also indicated that they have no concerns with this lot line adjustment since it would not impact the Reinhart Property. As such, the GRCA would have no concerns with the intent of this application.

N :\ROW\NORTH DUMFRIES\20 17\Severance\8 l & 82-17-296 & 310 Northumberland St\GRCA Comments Page I of2

Member· of Conservation Ontario, representing Ontario's 36 Conservation Authorities • Th e Crancl- A Canacli;Jn He•· rtage River

Based on the foregoing, the GRCA would have no objection to the approval of these consent applications by the Township of North Dumfries. The applicants are further advised that the subject lands are regulated by the GRCA and any future development/site alteration on these properties will require prior approval from the GRCA under Ontario Regulation 150/06.

The GRCA's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 150/06), prohibits development in or on the following areas:

a) adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to inland lakes that may be affected by flooding, erosion or dynamic beaches, and within the 15 metre allowance,

b) within 15 metres of a river or stream valleys that have depressional features associated with a river or stream, whether or not they contain a watercourse,

c) hazardous lands; d) wetlands; or e) other areas where development could interfere with the hydrologic function of a wetland,

including areas within 120 metres of all provincially significant wetlands and wetlands greater than or equal to 2.0 hectares in size, and areas within 30 metres of wetlands less than 2.0 hectares in size, but not including those where development has been approved pursuant to an application made under the Planning Act or other public planning or regulatory process;

And prohibits alteration to: f) straighten, change, divert or interfere in any way with the existing channel of a river, creek,

stream or watercourse or change or interfere in any way with a wetland prior to receiving written consent of the GRCA.

Any future development within the regulated areas on the subject lands will require the prior issuance of a Permit pursuant to Ontario Regulation 150/06 from the GRCA. The Permit process involves the submission of a Permit Application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the Permit Application by the GRCA.

3. Plan Review Fees:

The above-noted applications are within a GRCA area of interest due to the presence of the watercourse, floodplain, steep slopes, wetlands, and GRCA property adjacent to the subject lands. The application type is considered to be a minor consent application. These applications will be combined under a single plan review fee. In accordance with the 2017 Plan Review Fee Schedule, the applicable plan review fee is $390.00 payable to the GRCA.

We trust the above is of assistance on this matter. If you require any further information, please contact the undersigned at ext. 2233.

JB/ Enci. cc: John & Denise Praskey, 296 Northumberland Street, Ayr, ON NOB I EO

Jane Gurney, Region of Waterloo (via email) Trina Seguin, GRCA (via email)

" These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conser\lation Authority.

N:\ROW\NORTH DUMFRIES\2017\Severance\Bl & 82·17-296 & 310 Northumberland St\GRCA Comments Page 2 of2

~ Grand River

Conservation Authority Date : Jan 26, 2017

Author: J . Brum

8-1/17 & B-2/17 (Praskey)

[ I legend

Regulation Limit (GRCA)

,.A .. / \Mltercourse (GRCA)

\Mlterbody (GRCA)

n Weuand (GRCA)

Wetland (MNRF)

~Provincially SignifiCant locally Significant Unevaluated

Floodplain (GRCA)

QEngineen~d 0Eatimatecl 0 Approximllte

f2J Special Polley Area

Slops VaUay (GRCA)

Steep Ovensteep

Slope Erosion (GRCA)

Steep

. =.] Overateep f~-iJ Toe

0Parcei-Assessment (MNRFIMPAC)

[::JPartc(GRCA)

Aqua tic Resoun:e - Line (M NR F)

""""Cold Water /\/Cool Water .A/ Warm Water

.;"V' Unkoow n

/ ./ Utility Line (ON)

/\/Roads (ON)

.1'vt RaHway (ON)

Copyright Or11nd River Conserv•tion Autharly, 2017. Disclaimer: Th;. map is for ~h.Jstralive purposu only, Information contlined "-erein is not 1 !!!lubstitute for professional review or 1 sile suNeV ;md is subject lo change without notic~ The Gl'l!llnd River ConlefValio11Authority'hlke~ no respon!Jtlllty for, nor guan~ntee, tie aooumcy of the infm-matiO'l contained on tti!l map. Any interpretetons or conclusionr. drawn rrom this map •• fl~ sole responsibility of the user. Ttle swree ror each data li!!yer is snown in parenthe5esln the rnap legend. For • compte~ lsti'lg orsrurcec •nd citations go to: https;//mepa,grl!ll'ldriver,ca/Sources-and-Citations: pdf

N •• -

12iii'- "i::==="'•--·75

Nclrm• A NAD 19!3 UTM Zon 2l 17N Se~e: 2,47D

ENERGY+ INC.

February 2, 2017

The Corporation of the Township of North Dumfries

2958 Greenfield Rd

P.O. Box 1060

Ayr, ON NOB lEO

Attention: Michelle Schaefle

File: llO- C/A No. B-01/17 File: C02- Northumberland Street- General

Via Mail & E-Mail

Re: Committee of Adjustment No. B-01/07 Request for a residential lot line adjustment in property lines between 310 and 296 Northumberland Street, Ayr, Township of North Dumfries, in order to "square off" the property only with no intent to build

Energy+ Inc. has no objection to the request by the Applicant to sever a portion of 310 Northumberland Street and convey it as a lot addition only with no intent to build to 296 Northumberland Street, Ayr.

If relocation or upgrade is required as a result of this Application the Applicant will be responsible for 100% cost. As per Energy+ Inc's Current Conditions of Service, only one service per property is permitted

The Unregistered Easement at 296 Northumberland Street for the pole, guy wires and anchors, will remain as is and not be affected by the land conveyance.

If easements are required as a result of this Application the Applicant will be responsible for 100% cost.

Should additional information be required, kindly contact me at your convenience.

Yours truly, Energy+ Inc.

Helen Robinson

Helen Robinson Engineering Legal Co ordinator /hr

Q _ 'Jhe 'J '(J\VNSI-JJP of" W NORl.,H DUMFIUES Planning Department 2958 Greenfield Road,

P.O. Box 1060, Ayr, ON NOB lEO

REQUEST FOR COMMENTS TO: Agencies and Departments

FROM: Michelle Schaefle, Planner

RE: Consent Applications (Lot line adjustment)

310 Northumberland Drive, Ayr Applicant: John and Denise Praskey Application No. B-01/17 Roll Number: 300101000510200

296 Northumberland Drive, Ayr Applicant: John and Denise Praskey Application No. B-02/17 Roll Number: 300101000100100

DATE January 11, 2017

PLEASE January 27, 2017 RESPOND BY

Please find attached two consent applications for a residential lot line adjustment between 296 Northumberland and 310 Northumberland, in the Community of Ayr, in the Township of North Dumfries.

Please review and provide comments including any conditions of approval by January 27th, 2017.

If you have any questions, please contact Michelle Schaefle, Planner at (519) 632-8800 ext. 132 or by email: [email protected]

If you have no comments/concerns, please e-mail Michelle Schaefle at [email protected] OR send back with check mark to Michelle Schaefle

~O&~f SIJ~(z... ftl{£ Gff!U

Name/Agency or Department Signature

Planning Department Township of North Dumfries 2958 Greenfield Road, P.O. Box 1060, Ayr, ON, NOB lEO Phone: (519) 632-8800 Fax: (519) 632-8800 Email: [email protected]

Matthew Colley

From: Sent: To: Subject:

Mark Smuck Wednesday, January 18, 2017 11:50 AM Michelle Schaefle comments on RFC 310 Northumberland

Good morning Michelle. As per our discussion this morning I have no issues with this Request for comments. Thank you

Mark Smuck Director of Community Services Deputy Fire Chief

Phone 519-632-8800 ext. 135 The Corporation of the Township of North Dumfries North Dumfries Community Complex 2956 Greenfield Road P.O. Box 1060 Ayr, Ontario NOB 1EO

http://northdumfries.ca

I] t. i

1

Matthew Colley

From: Gerald Moore Sent: To:

Wednesday, February 15, 2017 4:19 PM Matthew Colley

Subject: RE: 296 and 310 Northumberland

Hi Andrew,

The building department has no comments regarding this application.

Gerald Moore, CET, CBCO, CRBO Chief Building Official

The Corporation of the Township of North Dumfries North Dumfries Community Complex 2958 Greenfield Road P.O. Box 1060 Ayr, Ontario NOB 1EO

tr 519-632-8800 ext. 125 ~ 519-632-8700

Iii 519-632-9935 ~ [email protected]

IJ

From: Matthew Colley Sent: February-15-17 4:17 PM To: Gerald Moore Subject: 296 and 310 Northumberland

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Committee of Adjustment AGENDA

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