AMENDMENT NO. 7

(HOUSEKEEPING AMENDMENT)

TO THE

MUNICIPALITY OF HURON EAST

OFFICIAL PLAN

BY-LAW NO. 26 – 2014 A BY-LAW OF THE CORPORATION OF THE MUNICIPALITY OF HURON EAST TO AMEND AN OFFICIAL PLAN. The Council of the Municipality of Huron East, in accordance with the provisions of the Planning Act, R.S.O. 1990, hereby enacts as follows: 1. Amendment No. 7 to the Official Plan of the Municipality of Huron East including the text

and mapping changes, is hereby adopted. 2. The Clerk is hereby authorized and directed to give Notice of Adoption of Amendment

No. 7 and to make application to the Council of the Corporation of the County of Huron for the approval of Amendment No. 7 to the Official Plan of the Municipality of Huron East.

3. This By-law shall come into force and take effect on the day of final passing thereof.

Read a first time on the 6th day of May 2014 Read a second time on the 6th day of May 2014 Read a third time on the 6th day of May 2014 Mayor, Bernie MacLellan CAO/Clerk, Brad Knight

CONSTITUTIONAL STATEMENT

PART ‘A’ Part ‘A’ is the preamble to Amendment No. 7 to the Official Plan for the Municipality of Huron East, and does not constitute part of this amendment. It provides general introductory information on the purpose, location and basis of the amendment. PART ‘B’ Part ‘B’ consisting of the following maps (Schedule 'B') and text constitutes Amendment No. 7 to the Official Plan for the Municipality of Huron East. Part ‘B’ contains the housekeeping text amendments and land use designation changes. PART ‘C’ Part ‘C’ is the appendix and does not constitute part of this amendment. The appendices contain the background data, planning considerations and public participation associated with this amendment. Although the attached appendices do not constitute part of the formal amendment, they do provide explanatory material. In cases where a more detailed interpretation of the amendment is required, such an interpretation will be obtained from the appendices.

PART ‘A’

PREAMBLE

AMENDMENT NO. 7 TO THE OFFICIAL PLAN FOR THE MUNICIPALITY OF HURON EAST

1. PURPOSE

The purpose of the Official Plan Amendment is to

Update the surplus farm residence consent policies to be in line with the policies approved in the Huron County Official Plan update. This would make the policies consistent with those being used across Huron County. The amended policies do not require MDS calculations to be done for neighbouring barns with less than 100 nutrient units, and requires that the residence be a minimum of 15 years old.

Add policy to permit the surplus farm residence consent policies to apply to surplus farm dwellings in an Extractive Resource designation provided it is a Secondary deposit, a minimal amount of the deposit is taken out of production, and an Aggregate Impact Assessment is completed.

Add policy and mapping to permit a two zone flood plain approach in Henfryn to allow for limited filling, development and redevelopment in the flood fringe subject to flood damage reduction measures approach by the Conservation Authority and the Municipality.

Change the designation on Part of Lot 17, Concession 11, McKillop Ward from Extractive Resources/Mineral Aggregates to Agriculture. This applies to an area of approximately 1.8 hectares (4.5 acres) which was part of an active pit and this portion has been rehabilitated. The remainder of the active pit will continue to be designated Extractive Resources/Mineral Aggregates.

Change the designation on Part of Lot 24, Concession 1, RP 22R 4730, Part 1 being approximately 0.48 hectares (1.19 acres) from Community Facility to Residential.

2. LOCATION The amendment applies to all lands within the Municipality of Huron East.

3. BASIS

This is a municipally initiated housekeeping amendment to correct or update certain policies and designations in the Plan. The amendment will update the surplus residence consent policies to be in conformity with the policies recently approved in the Huron County Official Plan 5 Year Review, will include policies to allow the surplus policies to apply in Secondary Aggregate Deposits subject to criteria, will include a two zone floodplain approach for Henfryn to allow for limited development, will change the designation on a portion of an Extractive Resource operation on Part of Lot 17, Concession 11, McKillop Ward, that has been rehabilitated and removed from the licenced area, and will change the designation on Part of Lot 24, Concession 1, RP 22R 4730, Part 1 being approximately 0.48 hectares (1.19 acres) from Community Facility to Residential . There is a corresponding housekeeping Zoning By-law Amendment to implement these changes.

PART ‘B’

AMENDMENT NO. 7 TO THE OFFICIAL PLAN

FOR THE MUNICIPALITY OF HURON EAST

1. INTRODUCTION All of this part of the document entitled Part ‘B’ consisting of the following text and attached

map, being Schedule 'B', constitute Amendment No. 7 to the Huron East Official Plan. 2. DETAILS OF THE AMENDMENT

2.1 Schedule B- Huron East, Land Use Plan, Municipality of Huron East Official Plan, is hereby amended by:

a) Changing the designation on a Part of Lot 17, Concession 11, McKillop Ward from Extractive

Resources/Mineral Aggregates to Agriculture. This applies to an area of approximately 1.8 hectares (4.5 acres) which was part of an active pit and this portion has been rehabilitated.

b) Adding the Floodway and Flood Fringe lines to the map for Henfryn.

c) Changing the designation on Part of Lot 24, Concession 1, RP 22R 4730, Part 1, being approximately 0.48 hectares (1.19 acres) from Community Facility to Residential.

2.2 The text of the Municipality of Huron East Official Plan is hereby amended by:

d) Adding the words “and Henfryn” to the end of the heading in Section 6.8.2.2 “Two-Zone Concept in Brussels” and the heading in Section 6.8.2.2.2 “Policies and Actions: Two-Zone Approach – Brussels”. The first sentence in Section 6.8.2.2.2 is also deleted and replaced with the following wording: “To achieve the flood plain planning and management goals, the following policies are adopted for Brussels and Henfryn:”

e) Deleting Section 12.3.1 viii) Surplus Residential Policies and replacing with the following: 12.3.1 viii) Surplus Farm Dwellings

Where a dwelling is acquired through farm consolidation and is surplus to the needs of the farm operation, it may be severed subject to the following:

a) The residence must be a minimum of 15 years old or has immediately replaced one of a series of habitable residences which were built a minimum of 15 years ago or replaces a house accidently destroyed by fire or natural disaster.

b) The residence is habitable, as determined by the Chief Building Official, and is intended to be used as a primary residence.

c) A new residence is prohibited (through zoning) on any remnant parcel of farmland created by a surplus residence severance.

d) The area of farmland attached to the surplus house is kept to a minimum size needed for residential purposes, taking into consideration water and sewage services and environmental and topographic features.

e) Minimum Distance Separation (MDS) formula requirements are met where barn(s) on a neighbouring farm have the ability to contain 100 or more nutrient units.

f) There has been no previous separation of land for residential purposes from the farm property as it existed on June 28, 1973, other than in a settlement area.

g) The retained lands are a minimum of 19 hectares unless merged with an abutting farm.

h) Where the residence is within 300 metres of an existing aggregate operation or aggregate deposit, an assessment of potential impacts may be required.

i) The existing owner of the farm unit may apply for the severance of a surplus farm dwelling provided the balance of the farmland is sold to a farm operation to which the subject residence is surplus.

j) The surplus farm dwelling policies apply in the Extractive Resources/Mineral Aggregate designation provided:

i. The dwelling is located within a Secondary Aggregate deposit;

ii. The severed parcel sterilizes a minimal amount of the aggregate deposit;

iii. An Aggregate Impact Assessment is completed to the satisfaction of the Municipality and County.

k) For the purposes of this section

-a corporation may be an eligible farming operation provided the same corporation owns at least two farms, each containing a residence, one of which may be severed in accordance with this section; and

-an unincorporated group of one or more person(s) may be an eligible farming operation provided a majority of the owners, together or individually each own another farm containing a residence, one of which may be severed in accordance with this section; where owners normally reside in the same household, they may be considered as one individual within the group of owners.

PART ‘C’

APPENDICES

The appendices do not form part of the amendment but are for information purposes only. Background

The purpose of the Official Plan Amendment is to:

Update the surplus farm residence consent policies to be in line with the policies approved in the Huron County Official Plan update. This would address some of the issues with Surplus severances and Minimum Distance Separation (MDS) requirements as the new policies do not require MDS calculations to be done for neighbouring barns with less than 100 nutrient units.

Add policy to permit the surplus farm residence consent policies to apply to surplus farm dwellings in an Extractive Resource designation provided it is a Secondary deposit, a minimal amount of the deposit is taken out of production, and an Aggregate Impact Assessment is completed.

Add policy and mapping to permit a two zone flood plain approach in Henfryn to allow for limited filling, development and redevelopment in the flood fringe subject to flood damage reduction measures approach by the Conservation Authority and the Municipality.

Change the designation on Part of Lot 17, Concession 11, McKillop Ward from Extractive Resources/Mineral Aggregates to Agriculture. This applies to an area of approximately 1.8 hectares (4.5 acres) which was part of an active pit and this portion has been rehabilitated. The remainder of the active pit will continue to be designated Extractive Resources/Mineral Aggregates.

Change the designation on Part of Lot 24, Concession 1, RP 22R 4730, Part 1 being approximately 0.48 hectares (1.19 acres) from Community Facility to Residential.