Public Meeting - Section 17 - Official Plan & Section 34 ...

AGENDA

Public Meeting - Section 45 - Committee of Adjustment

Monday, December 14, 2020 @ 6:00 pm

Council Chambers, Municipal Office - Keene

Page

1 CALL TO ORDER

That Mayor called the meeting to order at 6:00 pm

2 PLANNING

2 - 30

a)

Kent Randall, EcoVue Consulting - Secondary Dwelling Units

Notice of Public Meeting

Secondary Dwelling Units OPA and ZBA - Report to Council

OPA No. 8 - Secondary Dwelling Units (2020-57)

2020-58 Planning - Zoning By-law Amendment - Secondary Unit 31 - 96

b)

Kent Randall, EcoVue Consulting - Fontyn - OPA

Notice of Public Meeting Fontyn OPA7

Report to Council (Fontyn)

OPA No. 7 - Fontyn

Fontyn OPA-SCHED A OPA

3 PUBLIC & AGENCY COMMENTS/SUBMISSIONS

4 ADJOURNMENT

of 96

Notice of Public Meeting Official Plan and Zoning By-law Amendments Secondary Dwelling Units- OPA No. 8 Township of Otonabee-South Monaghan December 2020

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TOWNSHIP OF OTONABEE-SOUTH MONAGHAN

NOTICE OF PUBLIC MEETING CONCERNING

OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TAKE NOTICE that the Council of The Corporation of the Township of Otonabee-South Monaghan will hold a public meeting on Monday, December 14th, 2020 at 6:00 p.m., in the Council Chambers, Township of Otonabee-South Monaghan Municipal Building, 20 Third Street, Keene, Ontario, to consider the proposed amendments to the Township’s Official Plan and Zoning Bylaw, pursuant to Sections 26 and 34 of the Planning Act, R.S.O. 1990, c.P.13. Location of the Subject Lands As the proposed Official Plan and Zoning By-law Amendments are applicable to the entire geographic area of the Township of Otonabee-South Monaghan, no key map is provided. Purpose and Effect of the Proposed Official Plan and Zoning By-law Amendments The purpose and effect of the amendments are to permit and regulate secondary dwelling units within the Township. Representation During the COVID-19 pandemic, in an effort to limit the number of people in the Council Chambers in accordance with Public Health requirements, staff are recommending that written comments, in support or opposition, be forwarded to the Clerk, Heather Scott, at the address below. These submissions will be read to Council at the Public Meeting and will be included in the agenda package.

If you must attend the Meeting, please consider delegating one member of a group or household to attend. Anyone entering the Council Chambers will be required to wear a mask in accordance with Peterborough Public Health and the Township’s Mandatory Mask Policy. If there are any questions or concerns about attending the public meeting, please contact the Clerk.

If a person or public body would otherwise have an ability to appeal the decision of the Council of the Township of Otonabee-South Monaghan to the Local Planning Appeal Tribunal (LPAT), but the person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Otonabee-South Monaghan before the by-law is passed, the person or public body is not entitled to appeal the decision and may not be added as a party to the hearing of an appeal before LPAT unless, in the opinion of the Tribunal, there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Otonabee-South Monaghan on the proposed Official Plan and Zoning By-law Amendments, you

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Kent Randall, EcoVue Consulting - Secondary Dwelling Units of 96

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must make a written request to the person at the address or email address provided below. Information For more information about this matter, including information about appeal rights, contact the Junior Planner, Jamie Hoefling at [email protected]. Additional information relating to the proposed Official Plan and Zoning By-law Amendments including this Public Notice and the draft amendments are available for inspection at the Township Office in Keene during regular office hours (see address below) or on the Township website at www.osmtownship.ca/planning under “Public Consultation” on the left. There will also be a drop-in Open House at the Fire Station Training Room, 21 Third Street in Keene, on November 25th, 2020 between 5:00 p.m. and 7:00 p.m. Dated at the Township of Otonabee-South Monaghan this 24th day of November, 2020.

Heather Scott Clerk/Deputy Chief Administrative Officer Township of Otonabee-South Monaghan 20 Third Street P.O. Box 70 Keene, Ontario K0L 2G0 Telephone 705-295-6852 Fax 705-295-6405 [email protected]

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http://www.osmtownship.ca/planning

mailto:[email protected]

1

Meeting: Council Meeting – December 14, 2020

Report To: Mayor Taylor & Council

From: Kent Randall, Township Planning Consultant

Date: December 8, 2020

Subject: Official Plan and Zoning By-law Amendments to Permit Secondary Dwelling Units

__________________________________________________________________ RECOMMENDATION: It is recommended that Council receive the report dated December 8, 2020 from EcoVue Consulting Services regarding an Official Plan Amendment and Zoning By-law Amendment to permit Secondary Dwelling Units within the Township. It is recommended that Council adopt and approve, respectively, the proposed Official Plan Amendment No. 8 (through By-law 2020-57) and By-law 2020-58. Background In 2011 (and through a further amendment in 2019), the Province of Ontario amended the Planning Act to include provisions that require municipalities to permit Secondary Dwelling Units through local Official Plans and Zoning By-laws “as of right” where certain residential dwelling units are permitted, as follows:

1. Section 16(3) as it relates to Official Plans, which states that “an Official Plan shall

contain policies that authorize the use of additional residential units by authorizing:

a. the use of two residential units in a detached house, semi-detached house or rowhouse; and

b. the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse.”

2. Section 35.1 as it relates to Zoning By-laws, which states that “the council of each

local municipality shall ensure that [Zoning By-laws] passed under section 34 give

effect to the policies described in subsection 16(3).”

The above provisions require that municipalities permit up to two (2) Secondary Dwelling Units per property, provided no more than one of those units is located within an accessory structure and/or in the same building as the primary dwelling unit. Secondary units are self-contained dwelling units with bathroom and kitchen facilities, and exclusive

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entrances. Although they function independently from the primary dwelling unit, Secondary Dwelling Units are considered accessory to the primary unit. In order to comply with the Planning Act, municipalities are required to update their Official Plans and Zoning By-laws to reflect the above provisions and permit Secondary Dwelling Units where single, semi-detached and rowhouse dwelling units are permitted. The purpose of these new requirements from the Province is generally twofold:

1. To increase the available housing stock in communities across the Province

without the need for new, major development that may require the expansion of

municipal infrastructure;

2. To provide a greater diversity of housing options for all residents, primarily those

seeking more affordable rental housing units.

By providing additional units in existing built-up areas, municipalities can increase the local housing stock without the need to assume responsibility of infrastructure associated with new development. The introduction of Secondary Dwelling Units also assists seniors and other vulnerable residents (persons with disabilities, health issues, etc.) by providing dwelling units on the same property for extended family members and caregivers. The presence of extended families or caregivers can also assist with the care of children for working parents. From an agricultural perspective, Secondary Dwelling Units provide a place for different generations to live on a farm in separate quarters, which will improve farm ownership succession rates. Overall, allowing Secondary Dwelling Units is an efficient use of land and represents good planning. The requirement for Secondary Dwelling Units “as of right” are reinforced in the Provincial Policy Statement (PPS), particularly Sections 1.1.3 (Settlement Areas) and 1.2 (Housing), which encourage a wide range of housing options in areas that are supported by existing infrastructure. Furthermore, A Place to Grow: Growth Plan for the Greater Golden Horseshoe also promotes housing diversification and growth within existing built-up areas, which is achieved through the permission of Secondary Dwelling Units. As such, Township staff and EcoVue have been tasked with creating Township-wide policies and provisions that permit Secondary Dwelling Units without the need for planning approvals, provided the unit(s) can meet certain requirements and standards. Details of the Amendments In order to permit secondary units throughout the Township, both the Township’s Official Plan and Zoning By-law must be amended. Although both documents include references to second dwellings and “converted dwellings” (second dwelling units within a single

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detached dwelling), the existing policies and provisions were quite narrow and only permit second dwelling units in very specific instances. Therefore, the proposed Official Plan and Zoning By-law amendments are intended to amend those existing policies and provisions (or remove them altogether) and introduce clear permissions and guidelines for establishing Secondary Dwelling Units.

➢ Official Plan Amendment The OPA deletes the general policy in Section 3 related to “Second Dwelling Units” and provides a new “Secondary Dwelling Unit” section. The policies within this section provide the basis for Secondary Dwelling Unit permissions throughout the Township. Details of the general development policies associated with a Secondary Dwelling Unit are described in this section, and are as follows:

1. The unit(s) must be located in single detached, semi-detached, or rowhouse dwelling units;

2. The unit(s) must be located in a designation where residential uses are permitted; 3. The unit(s) must be adequately serviced with water and wastewater systems; 4. The unit(s) must be located on a property with frontage on a publicly-maintained

road; 5. The unit(s) cannot be located within a regulated floodplain.

The OPA also introduces the Secondary Dwelling Unit as a permitted use within the Hamlet, Existing Residential, Shoreline Residential, Agricultural and Rural designations, and deletes references to “converted dwellings” and second dwellings.

➢ Zoning By-law Amendment The ZBA provides greater detail as to the lot regulations and requirements related to Secondary Dwelling Units. Firstly, the amendment introduces the new term “secondary dwelling unit” and replaces the general provision related to “Accessory Residential Uses”. Secondly, a new general provision outlines the specific requirements for establishing Secondary Dwelling Units. The specific requirements are as follows:

1. The unit(s) must be located within the Rural (RU), Agricultural (A), Rural Residential (RR), Hamlet Residential (HR), Shoreline Residential (SR), or Estate Residential (ER) Zones;

2. It must be demonstrated to the Township that adequate water and sewage servicing is available to accommodate the unit(s);

3. The secondary unit(s) must be located on a property with publicly-maintained road frontage;

4. The unit(s) cannot be located within a regulated floodplain.

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5. The secondary unit(s) must be accessed by the same driveway as the principal dwelling;

6. When located in an accessory structure, the secondary unit(s) may not be larger than 70% of the principal dwelling;

7. When located in an accessory structure, the secondary unit(s) may not be located farther than 50 metres from the principal dwelling unit;

8. When located in an accessory structure, the secondary unit(s) may not be greater than 9.0 metres in height;

9. A minimum of one (1) parking space shall be provided for each additional secondary unit;

10. When located in an accessory structure in the HR or RR Zones, the total lot coverage for all accessory buildings shall not exceed 10%;

11. The general provisions also require the Township to establish a registration system for Secondary Dwelling Units in order to track where these units are located.

The general purpose of these provisions is to ensure that secondary units are of an appropriate size and can be adequately accommodated in all areas of the Township. Specifically, in areas zoned the A Zone and RU Zone, the primary purpose of the size and location provisions is to limit the construction of Secondary Dwelling Units that overwhelm the primary unit, or are constructed in areas of a farm where there are productive soils. One of the goals of the provisions is to “cluster” residential structures within the farming community. Similarly, in the HR and RR Zone, the intent is to limit overall lot coverages (maximum 10%) in order to prevent overdevelopment of the lot. It is understood that these provisions may not be universally applicable on a Township-wide basis. As such, a landowner may apply for a minor variance in certain instances where it is deemed appropriate to seek relief from these provisions. It should be noted that the introduction of the term “secondary dwelling unit” does not interfere – and should not be confused – with the existing “accessory dwelling unit” term within both the Official Plan and Zoning By-law. This term specifically refers to units that are accessory to a commercial or other non-residential use, within designations and/or zones where commercial and/or non-residential uses are permitted as the primary land use. Consultation The Township held a public open house at the Fire Hall on Wednesday, November 25, 2020 to provide the public with an opportunity to view and discuss the proposed OPA and

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ZBA. The meeting was attended by three (3) members of the public and two (2) members of Council. Furthermore, the Township provided draft documents to the County of Peterborough, who, in turn, provided comments regarding the OPA and ZBA. These comments have been incorporated into the final documents. Next Steps It is recommended that Council adopt Official Plan Amendment No. 8 (through By-law 2020-57) and approve Zoning By-law Amendment 2020-58, which will permit Secondary Dwelling Units within single detached, semi-detached, and row housing units throughout the Township, subject to site requirements. If adopted, the OPA will be forwarded to the County of Peterborough for final approval. Both the OPA and ZBA will come into full force and effect upon the lapse of the 20-day appeal period after the final approval of the OPA from the County. Prepared by: Kent Randall, Township Planning Consultant

ECOVUE CONSULTING SERVICES INC.

J. Kent Randall B.E.S. MCIP RPP

Township Planning Consultant

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OFFICIAL PLAN AMENDMENT NO. 8

OFFICIAL PLAN OF THE


SECONDARY DWELLING UNITS

Prepared For:

The Corporation of the

Township of Otonabee-South Monaghan

Prepared By:

EcoVue Consulting Services Inc.

Peterborough, Ontario

December 8, 2020

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THE CORPORATION OF THE


BY-LAW NO. 2020-57

Being a By-law passed pursuant to the provisions of Sections 17 and 21 of the Planning

Act, R.S.O. 1990, as amended.

The Council of the Corporation of the Township of Otonabee-South Monaghan, in accordance

with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, as amended, hereby

enacts as follows:

1. Amendment No. 8 to the Official Plan of the Township of Otonabee-South Monaghan, consisting of the attached explanatory text, is hereby adopted.

2. The Clerk is hereby authorized and directed to make application to the County of Peterborough for approval of Amendment No. 8 to the Official Plan of the Township of Otonabee-South Monaghan.

3. The Clerk is hereby authorized and directed to proceed with the giving of notice under Section 17(23) of the Planning Act.

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

Enacted and passed this 14th day of December, 2020.

Signed: _____________________________

Mayor, Joe Taylor

CORPORATE SEAL OF

MUNICIPALITY

Signed: _____________________________

Clerk, Heather Scott

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CERTIFICATE

AMENDMENT NO. 8



The attached explanatory text, constituting Amendment No. 8 to the Official Plan of the

Township of Otonabee-South Monaghan, was prepared by the Council of the Township of

Otonabee-South Monaghan and was adopted by the Council of the Township of Otonabee-

South Monaghan by By-law No. 2020-57 in accordance with the provisions of Sections 17 and

21 of the Planning Act, R.S.O. 1990, on the 14th day of December, 2020.

Signed: ____________________________

Mayor, Joe Taylor

CORPORATE SEAL OF

MUNICIPALITY

Signed: ____________________________


This Amendment to the Official Plan of the Township of Otonabee-South Monaghan, which has

been adopted by the Council of the Township of Otonabee-South Monaghan, is hereby

approved in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O.

1990, as Amendment No. 8 to the Official Plan of the Township of Otonabee-South Monaghan.

_________________________ ____________________________

Date Bryan Weir

Director of Planning

County of Peterborough

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AMENDMENT NO. 8

TO THE



TABLE OF CONTENTS

PAGE

ADOPTION BY-LAW

CERTIFICATE

TABLE OF CONTENTS 1

INTRODUCTION 2

PART “A” -- THE PREAMBLE 3

1. Purpose of the Amendment 3 2. Basis of the Amendment 3

PART “B” -- THE AMENDMENT 5

1. Introductory Statement 5 2. Details of the Amendment 5 3. Implementation and Interpretation 8

PART “C” -- APPENDICES 9

Appendix No. 1 – Report to Council

Appendix No. 2 – Open House Notice

Appendix No. 3 – Statutory Public Meeting Notice

Appendix No. 4 – Summary of Open House Comments

Appendix No. 5 – Minute of Statutory Public Meeting

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OFFICIAL PLAN AMENDMENT NO. 8 – INTRODUCTION

PART “A” – THE PREAMBLE does not constitute part of this Amendment.

PART “B” – THE AMENDMENT consisting of the following text constitutes Amendment

No. 8 to the Official Plan for the Township of Otonabee-South Monaghan.

Also attached is PART “C” – APPENDICES which do not form part of this amendment.

The appendices contain notices related to an Open House and Statutory Public Meeting

regarding the amendment, minutes and summaries from these meetings, and the report

from EcoVue Consulting Services regarding the amendment.

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PART A – THE PREAMBLE

PURPOSE

The purpose of the Official Plan Amendment (OPA) No. 8 is to introduce policies that

allow for, and govern the establishment of Secondary Dwelling Units within the Township

of Otonabee-South Monaghan. This OPA should be read in tandem with the concurrent

Zoning By-law Amendment related to Secondary Dwelling Units, which is intended to

implement the policies of the OPA. These amendments will fulfill requirements of the

Planning Act, Sections 16(3) and 35.1.

BASIS

In 2011 (and through a further amendment in 2019), the Province of Ontario amended

the Planning Act to include provisions that require municipalities to permit Secondary

Dwelling Units through local Official Plans and Zoning By-laws “as of right” where certain

residential dwelling units are permitted, as follows:

1. Section 16(3) as it relates to Official Plans, which states that “an Official Plan shall

contain policies that authorize the use of additional residential units by authorizing:

a. the use of two residential units in a detached house, semi-detached house or rowhouse; and

b. the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse.”

2. Section 35.1 as it relates to Zoning By-laws, which states that “the council of each

local municipality shall ensure that [Zoning By-laws] passed under section 34 give

effect to the policies described in subsection 16(3).”

The above provisions require that municipalities permit up to two (2) Secondary Dwelling

Units per property, provided no more than one of those units is located within an

accessory structure and/or in the same building as the primary dwelling unit. Secondary

units are self-contained dwelling units with bathroom and kitchen facilities, and exclusive

entrances. Although they function independently from the primary dwelling unit,

Secondary Dwelling Units are considered accessory to the primary unit.

In order to comply with the Planning Act, municipalities are required to update their Official

Plans and Zoning By-laws to reflect the above provisions and permit Secondary Dwelling

Units where single, semi-detached and rowhouse dwelling units are permitted.

The purpose of these new requirements from the Province is generally twofold:

1. To increase the available housing stock in communities across the Province

without the need for new, major development that may require the expansion of

municipal infrastructure;

2. To provide a greater diversity of housing options for all residents, primarily those

seeking more affordable rental housing units.

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By providing additional units in existing built-up areas, municipalities can increase the

local housing stock without the need to assume responsibility of infrastructure associated

with new development. The introduction of Secondary Dwelling Units also assists seniors

and other vulnerable residents (persons with disabilities, health issues, etc.) by providing

dwelling units on the same property for extended family members and caregivers. The

presence of extended families or caregivers can also assist with the care of children for

working parents. From an agricultural perspective, Secondary Dwelling Units provide a

place for different generations to live on a farm in separate quarters, which will improve

farm ownership succession rates. Overall, allowing Secondary Dwelling Units is an

efficient use of land and represents good planning.

The requirement for Secondary Dwelling Units “as of right” are reinforced in the Provincial

Policy Statement (PPS), particularly Sections 1.1.3 (Settlement Areas) and 1.2 (Housing),

which encourage a wide range of housing options in areas that are supported by existing

infrastructure. Furthermore, A Place to Grow: Growth Plan for the Greater Golden

Horseshoe also promotes housing diversification and growth within existing built-up

areas, which is achieved through the permission of Secondary Dwelling Units.

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PART B – THE AMENDMENT

1. INTRODUCTORY STATEMENT

All of this Part of the document entitled Part B – The Amendment consisting of the

following text constitutes Amendment No. “8” to the Official Plan of the Township of

Otonabee-South Monaghan.

2. DETAILS OF THE AMENDMENT

The Official Plan of the Township of Otonabee-South Monaghan is hereby amended as

follows:

1. Section 3.13.3 Second Dwelling Units is hereby deleted and replaced with the

following:

“3.13.3 Secondary Dwelling Units

Secondary dwelling units are self-contained residential units with kitchen and

bathroom facilities within dwellings or within structures accessory to dwellings (e.g.

laneway garages). In order to provide additional housing options, secondary

dwelling units shall be permitted within the Hamlet, Existing Residential, Rural,

Agricultural and Shoreline designations, subject to the policies of this Plan, the

applicable zoning provisions, the Ontario Building Code and Fire Code, and

property standard by-laws.

Where a secondary dwelling unit is proposed, the owner shall demonstrate to the

Township that adequate water and sewage servicing can be provided. Such

information must accompany the building permit application (or Planning Act

application, if required), to the satisfaction of the Township and the applicable

permitting authority.

Secondary dwelling units shall only be permitted in single detached, semi-

detached, and row dwelling units, or within structures accessory thereto.

Secondary dwelling units shall only be located on lots that front on a publicly-

maintained road and can provide adequate off-street parking. Secondary dwelling

units shall not be permitted within the regulated floodplain area.

2. Section 3.8.10 Minimum Distance Separation (MDS I and MDS II) are hereby

deleted and replaced with the following:

“New land uses, including the creation of lots, and new or expanding livestock

operations, shall comply within the Minimum Distance Separation I (MDS I) and

the Minimum Distance Separation II (MDS II) Formulae contained in the publication

Minimum Distance Separation (MDS) Formulae, Implementation Guidelines,

Publication 853, Ministry of Agriculture, Food and Rural Affairs, Queen’s Printer,

Toronto, 2016, as amended from time to time.

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For clarity, MDS I shall not apply to lands designated as Hamlet or Shoreline on

Schedule “A” of this Plan.”

The implementing Zoning By-law may establish regulations for the application of

the Minimum Distance Separation I (MDS I) Formulae to existing lots.

MDS I shall apply to the establishment of a secondary dwelling unit located within

an accessory building or structure. Reciprocally, MDS II shall apply where a new

agricultural use is proposed on a lot adjacent to an existing secondary dwelling

unit.

3. Section 5.2.3 “Hamlet – Residential Uses and Development” is hereby amended

by deleting “converted dwellings,” from the first sentence of Subsection 5.2.3 (a)

“Residential Uses”.

4. Section 5.2.3 “Hamlet – Residential Uses and Development” is hereby amended

with the addition of a new subsection, 5.2.3 (c) “Secondary Dwelling Units”,

which shall read as follows:

“(c) Secondary Dwelling Units

Two (2) secondary dwelling units per lot may be permitted as ancillary to single

detached, semi-detached, or row housing dwelling units in the Hamlet designation,

subject to Section 3.13.3 of this Plan, appropriate zoning provisions and sewage

treatment facilities. Of those two (2) secondary dwelling units per lot, no more than

one (1) secondary dwelling unit may be located in a detached accessory structure,

and no more than one (1) secondary dwelling unit may be located within the same

structure as the principal dwelling unit.”

5. Section 5.3.1 “Existing Residential – Permitted Uses” is hereby deleted and

replaced with the following:

“Permitted uses shall include single-detached dwellings, duplex dwellings, and

semi-detached dwellings. Home occupations, home industries, bed and breakfast

establishments within a single detached dwelling, open space and recreational

uses, and compatible accessory uses shall also be permitted.

Two (2) secondary dwelling units per lot may be permitted as ancillary to single

detached or semi-detached dwelling units in the Existing Residential designation,

subject to Section 3.13.3 of this Plan, appropriate zoning provisions and sewage

treatment facilities. Of those two (2) secondary dwelling units per lot, no more than

one (1) secondary dwelling unit may be located in a detached accessory structure,

and no more than one (1) secondary dwelling unit may be located within the same

structure as the principal dwelling unit.”

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6. Section 5.4.1 b) (xii) is hereby deleted.

7. Section 5.4.1 “Shoreline – Residential Uses and Development” is hereby

amended with the addition of a new subsection, 5.4.1 (d) “Secondary Dwelling

Units”, which shall read as follows:

“(c) Secondary Dwelling Units

Two (2) secondary dwelling units per lot may be permitted as ancillary to a single

detached dwelling unit in the Shoreline Residential designation, subject to Section

3.13.3 of this Plan and the applicable zoning provisions. Of those two (2)

secondary dwelling units per lot, a maximum of one (1) secondary dwelling unit

may be located in a detached accessory structure, and maximum of one (1)

secondary dwelling unit may be located within the same structure as the principal

dwelling unit.

The secondary dwelling unit may not be located within a building or structure that

is located within 30 metres of the high water mark of an adjacent waterbody.

Notwithstanding, a secondary unit may be located in an existing single detached

dwelling unit located within 30 metres of the high water mark.”

8. Subsections (i) and (ii) of Section 5.8.2 (c) “Farm Related Residential Uses”

(Agricultural) are hereby deleted and replaced with the following, with subsequent

subsections renumbered:

“(i) A maximum of one dwelling shall be a permitted use. Notwithstanding,

secondary dwelling units may be permitted in accordance with Section 5.8.2

(f) of this Plan.”

9. Section 5.8.2 “Agricultural – Permitted Uses” is hereby amended with the

addition of a new subsection, 5.8.2 (f) “Secondary Dwelling Units”, which shall

read as follows:

“(f) Secondary Dwelling Units


detached dwelling unit in the Agricultural designation, subject to Section 3.13.3 of

this Plan and the applicable zoning provisions. Of those two (2) secondary dwelling

units per lot, a maximum of one (1) secondary dwelling unit may be located in a

detached accessory structure, and maximum of one (1) secondary dwelling unit

may be located within the same structure as the principal dwelling unit.”

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10. Subsections (i) and (ii) of Section 5.9.2 (c) “Farm Related Residential Uses”

(Rural) are hereby deleted and replaced with the following, with subsequent

subsections renumbered:

“(i) A maximum of one dwelling shall be a permitted use. Notwithstanding,

secondary dwelling units may be permitted in accordance with Section 5.9.2

(g) of this Plan.”

11. Section 5.9.2 “Rural – Permitted Uses” is hereby amended with the addition of a

new subsection, 5.9.2 (g) “Secondary Dwelling Units”, which shall read as

follows:

“(g) Secondary Dwelling Units


detached dwelling unit in the Rural designation, subject to Section 3.13.3 of this

Plan and the applicable zoning provisions. Of those two (2) secondary dwelling

units per lot, a maximum of one (1) secondary dwelling unit may be located in a

detached accessory structure, and maximum of one (1) secondary dwelling unit

may be located within the same structure as the principal dwelling unit.”

3. IMPLEMENTATION AND INTERPRETATION

The implementation and interpretation of Official Plan Amendment No. 8 shall be in

accordance with the respective policies of the Official Plan of the Township of Otonabee-

South Monaghan.

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PART C – THE APPENDICES

The following appendices do not constitute part of Official Plan Amendment No. 8, but

are included as information supporting the Amendment.

• Appendix No. 1 – Report to Council

• Appendix No. 2 – Open House Notice

• Appendix No. 3 – Statutory Public Meeting Notice

• Appendix No. 4 – Summary of Open House

• Appendix No. 5 – Minutes of Statutory Public Meeting

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Appendix A

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Appendix B

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Appendix C

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Appendix D

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Appendix E

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Zoning By-law Amendment Secondary Dwelling Units


THE CORPORATION OF THE TOWNSHIP OF OTONABEE-SOUTH MONAGHAN

BY-LAW NO. 2020-58

Being a By-law under the provisions of Sections 34 of the Planning Act,

R.S.O. 1990, c. P.13, as amended, to amend By-law No. 2010-65, as

amended, being the Township of Otonabee-South Monaghan

Comprehensive Zoning By-law, with respect to Secondary Dwellings.

WHEREAS By-law No. 2010-65 was passed under the authority of Section 34 of the

Planning Act, R.S.O. 1990, c. P.13, as amended, and regulates the use of land and the

use and erection of buildings and structures within the Township of Otonabee-South

Monaghan;

AND WHEREAS the Council of the Township of Otonabee-South Monaghan conducted

a public meeting as required by Section 34(12) of the Planning Act, R.S.O. 1990, as

amended;

AND WHEREAS Section 34 of the Planning Act, R.S.O. 1990, as amended, permits

Council to pass an amending Zoning By-law, and the Council of the Township of

Otonabee-South Monaghan deems it advisable to amend By-law No. 2010-65 with

respect to Secondary Dwellings.

AND WHEREAS the matters herein are in conformity with the provisions of the Official

Plan of the Township of Otonabee-South Monaghan;

NOW THEREFORE the Council of the Township of Otonabee-South Monaghan hereby

enacts as follows:

1. THAT By-law No. 2010-65, as amended, is hereby amended as follows:

a) Section 3 of By-law No. 2010-65, as amended, entitled “Definitions” is hereby

amended by adding the following term within the “DWELLING” section:

“‘DWELLING UNIT, SECONDARY’ shall mean a private, self-contained residential

unit with kitchen and bathroom facilities and sleeping areas within detached, semi-

detached or townhouses or within ancillary structures such as garages, that is

subordinate to the principal residential dwelling and is located on the same property

therewith. A Secondary Dwelling Unit does not include a Cabin, as defined herein.”

b) Section 4.3 of the General Provisions of By-law No. 2010-65, as amended,

entitled “ACCESSORY RESIDENTIAL USES” is hereby deleted and replaced

with the following:

AGENDA ITEM #a)




“4.3 ACCESSORY AND SECONDARY DWELLING UNITS

4.3.1 Secondary dwelling units are permitted within the Rural (RU), Agricultural (A), Rural Residential (RR), Hamlet Residential (HR), Shoreline Residential (SR), and Estate Residential (ER) Zones, subject to the following provisions:

a) Secondary dwelling units may only be located within a single detached dwelling, semi-detached dwelling, or row dwelling, or within a building or structure ancillary to a single detached dwelling, semi-detached dwelling, or row dwelling, where such dwelling types are listed as a permitted use within the Zone;

b) For clarity, where a “Secondary Dwelling Unit” is permitted, the “Secondary Dwelling Unit” may exist within the Principal or Main Building or within an accessory structure: and

c) Up to two (2) secondary dwelling units may be permitted on one property or conveyable parcel, provided there is no more than one secondary dwelling unit located within the Principal or Main Building and no more than one secondary unit located within an accessory structure.

4.3.2 The following provisions shall apply to regulate the use of secondary dwelling units:

a) A secondary dwelling unit shall only be permitted where the Township is satisfied that adequate water and sewage services can be provided and/or is available;

b) A secondary dwelling unit shall only be permitted on a lot benefitting from frontage upon an “Improved Public Street or Road”;

c) A secondary dwelling unit shall only be accessed via an existing residential vehicular entrance;

d) A secondary dwelling unit shall not be permitted within the regulated floodplain area;

e) Where a secondary dwelling unit is situated in an accessory structure, said structure shall comply with the

AGENDA ITEM #a)




regulations of a Principal or Main Building in the applicable Zone;

f) Where a secondary dwelling unit is situated in an accessory structure, the dwelling unit may not be larger than 70% of the ground floor area of the principal dwelling unit.

g) Notwithstanding subsection e) above and Section 4.2.4 of this By-law to the contrary, where a secondary dwelling unit is situated in an accessory structure, the maximum height of that accessory structure shall be 9.0 metres.

h) Notwithstanding subsection e) above and Section 4.2.4 of this By-law to the contrary, where a secondary dwelling unit is situated in an accessory structure in the RR and HR Zones, the “Maximum Lot Coverage” of all “Accessory Building(s)” upon the lot shall be ten percent (10%);

i) Where two (2) or more single detached dwellings exist upon a lot, a secondary dwelling unit is not permitted within an accessory structure;

j) A secondary dwelling unit situated in an accessory structure may not be located more than 50 metres from the Principal or Main Building;

k) A minimum of one (1) parking space shall be provided for the exclusive use of the occupier(s) of the secondary dwelling unit;

l) MDS I shall apply to any new accessory dwelling unit to be located within an accessory building or structure.

m) The secondary dwelling unit shall comply with the provisions of the Ontario Building Code.

n) All new secondary dwelling units shall be registered with the Township Building and Planning Department.

o) All other provisions of this By-law shall apply.”

4.3.3 An accessory dwelling unit shall be permitted in a non-residential building other than in a motor vehicle facility or

AGENDA ITEM #a)




any other non-residential building where the sale, handling or storage of gasoline or other fuels or similar flammable substances is undertaken.”

c) The table within Section 4.25 of By-law 2010-65, as amended, entitled “Parking

Space Requirements Table” is hereby by amended by adding a new row as

follows:

Secondary Dwelling Unit One (1) space per secondary unit, in addition to the spaces required for the principal dwelling unit

d) Section 5.1 of By-law 2010-65 as amended, entitled “Permitted Uses” (Rural

(RU) Zone) is hereby amended by deleting subsection 5.1.2 and renumbering

subsequent subsections.

e) Section 6.1 of By-law 2010-65 as amended, entitled “Permitted Uses”

(Agricultural (A) Zone) is hereby amended by deleting subsection 6.1.2 and

renumbering subsequent subsections.

f) Section 7.1 of By-law 2010-65 as amended, entitled “Permitted Uses” (Rural

Residential (RR) Zone) is hereby amended by deleting subsection 7.1.2 and


g) Section 8.1 of By-law 2010-65 as amended, entitled “Permitted Uses” (Hamlet

Residential (HR) Zone) is hereby amended by deleting subsection 8.1.2 and


h) Section 8.2.1 of By-law 2010-65 as amended, entitled “Minimum Lot Area” is

hereby amended by deleting the words “or Converted Dwelling” from the second

row of the table.

i) Section 8.2.2 of By-law 2010-65 as amended, entitled “Minimum Lot Frontage” is

hereby amended by deleting the words “or Converted Dwelling” from the second

row of the table.

2. All other provisions of By-law No. 2010-65, as amended, shall apply.

3. This By-law shall become effective on the date that it is passed by the Council of the

Township of Otonabee-South Monaghan, subject to the provisions of Section 34 of

the Planning Act, R.S.O. 1990, as amended.

AGENDA ITEM #a)




4. The Clerk is hereby authorized and directed to proceed with the giving of notice

under Section 34(18) of the Planning Act, R.S.O. 1990, as amended.

READ a first and second time this 14th day of December, 2020.

READ a third time and finally passed this 14th day of December, 2020.

_______________________________ ________________________________

MAYOR JOE TAYLOR CLERK HEATHER SCOTT

AGENDA ITEM #a)


Notice of Public Meeting Official Plan Amendment #7 Fontyn-2638 Burnham Line Concession 11, Part Lot 32 Otonabee 15-06-010-005-16505

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NOTICE OF PUBLIC MEETING CONCERNING AN AMENDMENT TO THE TOWNSHIP OFFICIAL PLAN (#7)

TAKE NOTICE that the Council of The Corporation of the Township of Otonabee-South Monaghan will hold a public meeting on Monday, December 14th , 2020 at 6:00 p.m., in the Council Chambers, Township of Otonabee-South Monaghan Municipal Office, 20 Third Street, Keene, Ontario, to consider the proposed amendment to the Township’s Official Plan, pursuant to Sections 26 of the Planning Act, R.S.O. 1990, c.P.13. Location of the Subject Lands The proposed Official Plan Amendment applies to a property that is located in Part Lot 32, Concession 11, within the Otonabee Ward of Township of Otonabee-South Monaghan. The civic address for the subject lands is 2638 Burnham Line. There is a key map attached for reference. Purpose and Effect of the Proposed Official Plan and Zoning By-law Amendments The proposed Official Plan Amendment is required to allow for a severance on a land parcel that does not qualify as a land holding as per Section 4.1.3 of the Official Plan policies. The subject lands are designated Rural and Environmental Protection in the Township of Otonabee-South Monaghan Official Plan. The purpose and effect of the Official Plan Amendment is to re-designate the subject lands to a Special Policy Area to allow for a rural residential severance on the property. Representation During the COVID-19 pandemic, in an effort to limit the number of people in the Council Chambers in accordance with Public Health requirements, staff are recommending that written comments, in support or opposition, be forwarded to the Clerk, Heather Scott, at the address below. These submissions will be read to Council at the Public Meeting and will be included in the agenda package.

If you must attend the Meeting, please consider delegating one member of a group or household to attend. Anyone entering the Council Chambers will be required to wear a mask in accordance with Peterborough Public Health and the Township’s Mandatory Mask Policy. If there are any questions or concerns about attending the public meeting, please contact the Clerk.

If a person or public body would otherwise have an ability to appeal the decision of the Council of the Township of Otonabee-South Monaghan to the Local Planning Appeal Tribunal (LPAT), but the person or public body does not make oral submissions at a

AGENDA ITEM #b)

Kent Randall, EcoVue Consulting - Fontyn - OPA of 96

2

public meeting or make written submissions to the Township of Otonabee-South Monaghan before the by-law is passed, the person or public body is not entitled to appeal the decision and may not be added as a party to the hearing of an appeal before LPAT unless, in the opinion of the Tribunal, there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Otonabee-South Monaghan on the proposed Official Plan Amendment, you must make a written request to the person at the address or email address provided below. Information For more information about this matter, including information about appeal rights, contact the Junior Planner, Jamie Hoefling at [email protected]. This Public Meeting will serve as part of the Applicant’s Public Consultation Strategy. Additional information relating to the proposed Official Plan Amendment, including this Public Notice, is available for inspection at the Township Office in Keene during regular office hours (see address below) or on the Township website at www.osmtownship.ca/planning under “Public Consultation” on the left. Dated at the Township of Otonabee-South Monaghan this 24th day of November, 2020.

Heather Scott Clerk/Deputy Chief Administrative Officer Township of Otonabee-South Monaghan 20 Third Street P.O. Box 70 Keene, Ontario K0L 2G0 Telephone 705-295-6852 Fax 705-295-6405 [email protected]

AGENDA ITEM #b)


http://www.osmtownship.ca/planning

mailto:[email protected]

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Key Map

Subject Property

2638 Burnham Line, Part Lot 32, Concession 11, Township of Otonabee-South Monaghan

AGENDA ITEM #b)


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Meeting: Council Meeting – December 14, 2020

Report To: Mayor Taylor & Council

From: Kent Randall, Township Planning Consultant

Date: December 8, 2020

Subject: Official Plan Amendment No. 7 (Fontyn)

Property Location: Part of Lot 32, Concession 11, Otonabee

Civic Address: 2638 Burnham Line

Property Roll No.: 1506-010-005-16505 _________________________________________________________________

RECOMMENDATION: It is recommended that Council receive the report dated December 8, 2020 from EcoVue Consulting Services regarding Official Plan Amendment No. 7 (Fontyn).

It is recommended that Council adopt and approve, respectively, the proposed Official Plan Amendment No. 7 (through By-law 2020-59). Purpose of Applications The purpose of the Official Plan Amendment (OPA No. 7) is to amend Schedule “A” to the Official Plan of the Township of Otonabee South-Monaghan by redesignating the subject lands from the Rural designation to the Rural – Special Policy Area in order to revise the established date of a land holding from January 1, 1998 to December, 2009 to permit a second severance on the subject property, as per Section 4.1.3 of the Township of Otonabee South-Monaghan Official Plan. The proposed textual amendment is discussed below. Subject Lands OPA No. 7 applies to lands located in part of Lot 32, Concession 11, Otonabee Ward of the Township of Otonabee-South Monaghan. The municipal address of the property is 2638 Burnham Line. The subject property is located at the southwest corner of Division Road and Burnham Line, approximately 1 kilometre east of the City of Peterborough. The total area of the property is approximately 6.87 hectares (16.98 acres) with 176 metres of frontage on the Burnham Line and 311 metres of frontage on Division Road. A key map of the subject property can be found in this report. The subject property includes one (1) single detached

AGENDA ITEM #b)


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dwelling, a workshop and two (2) storage buildings used for a commercial business owned and operated by the applicant. Background The subject property is designated Rural, according to Schedule “A” to the Township of Otonabee-South Monaghan Official Plan (OSMOP). The Rural designation identifies those lands within the Township that are intended for low-impact rural uses, while striving to protect Agricultural lands from incompatible uses and development. As per Section 5.9.2 of the Official Plan, permitted uses within the Rural designation are limited to agricultural uses, agriculture-related uses, farm related residential uses, non-farm related residential uses, on-farm diversified uses, and small-scale commercial and industrial uses. Prior to the purchase of the property by the applicant, the property had been the subject of one (1) consent application in 2008. The previous owner had applied to sever a rural residential lot – now known municipally as 2624 Burnham Line – from the subject property. The Township of Otonabee-South Monaghan and the County of Peterborough approved the consent application in 2009 (County File No. B11/06). The 2009 application decision had incorrectly identified the newly created residential lot as the retained lot, and the subject lands as the severed lot. As noted below, this misidentification had implications for a future consent application. The subject property was purchased by the applicant, Kim Fontyn, in 2009. The applicant constructed one (1) single-detached dwelling with private services (well and subsurface septic) and one (1) workshop, and reconstructed the two (2) storage buildings that existed on the property. As per Township of Otonabee South-Monaghan Official Plan Section 4.1.3 d), the maximum number of new lots created by consent within the Rural designation are “two (2) new lots and one (1) retained parcel”. Therefore, an additional severance could be obtained on the property, subject to any other applicable planning policies. As such, the applicant submitted a Severance Proposal Form to the County of Peterborough to sever the single-detached dwelling off of the property in March 2014. The County’s Preliminary Severance Review (PSR) was issued in 2014, and concluded that the subject lands were not eligible for severance, citing Section 4.2.3 b) of the Township of Otonabee-South Monaghan Official Plan, which states:

“b) Timing of Severances

A minimum period of five (5) years shall elapse between the granting of severances for residential lots from a holding in the Rural designation (as defined in Section 4.1.3). This minimum time period begins on the date of the first severance being recorded as a separate parcel in the Land Registry Office”.

AGENDA ITEM #b)


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The County’s 2014 PSR had identified the subject property as the “retained” parcel, rather than the “severed” parcel, as it had been identified when the original severance was granted in 2009. Therefore, the 2014 PSR concluded that the property would be eligible for a severance by late 2014.

The applicant then submitted a second Severance Proposal to the County of Peterborough in 2016. The intent of the proposal was to sever the commercial buildings from the residential dwelling. However, the County’s 2016 PSR concluded that the land was not eligible for severance as per Section 4.1.3 of the Official Plan, which states:

“For all designations other than the Hamlet, Commercial and Employment Areas designations, a holding is a parcel of land recorded as a separate parcel in the Land Registry Office as of January 1, 1998”.

This conclusion was provided because the subject lands had been identified as the “severed” lands when the original consent was granted in 2009. Therefore, the subject property was considered a new land holding and would not be eligible for a second severance, even though it should have been recognized as the “retained” lands in 2009 and considered a land holding that existed as of January 1, 1998.

In order to correct this error, an Official Plan Amendment, that will have the effect of redesignating the property to permit a second severance, is required. The site-specific policy that will apply to the subject lands will allow for a maximum of one (1) severance on a parcel that is considered to have been “created” in 2009, rather than the January 1, 1998 date provided in Section 4.1.3 of the OSMOP.

An analysis of the proposed amendment in the context of the applicable local and provincial policy was provided in the Planning Justification Report (PJR) submitted by D.M. Wills. The PJR states that the proposed amendment conforms to the applicable severance policies within the Township of Otonabee South-Monaghan, and all other applicable provincial and local policy. Additionally, in accordance with Official Plan policy 4.1.3 d), the granting of the proposed amendment would re-establish the opportunity to perform a second severance on the subject property.

It is our opinion that the proposed amendment is consistent with all applicable Provincial and local planning policy. As noted, this amendment focuses only on the eligibility date provided in Section 4.1.3 of the OSMOP. A second severance is permitted within the Rural designation and no additional development is proposed. It should also be noted that a severance application and Zoning By-law amendment application will still be required after the approval of OPA No. 5 in order to create the new lot.

AGENDA ITEM #b)


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Analysis The agent/applicant submitted the following supplemental studies/reports in support of the application:

• Planning Justification Report, prepared by D.M. Wills;

• Servicing Options Brief prepared by D.M. Wills;

• Environmental Impact Study prepared by Cambium Inc.; and

• Lot Grading and Drainage Plan, prepared by D.M. Wills

Each of these reports have been reviewed by Township and County staff, as well as the municipal peer-review consultants (an addendum to the Environmental Impact Study (EIS) was provided as a result of peer-review). All reports have been found to adequately address the technical requirements of the Official Plan Amendment application process. In particular, the Planning Justification Report (PJR) outlined the justification, from a planning policy perspective, for redesignating the subject lands to accommodate the second severance. After reviewing the materials, the undersigned is in agreement with the conclusions of the PJR, as outlined below. Provincial Policy Statement (2020) The subject property is not located within a settlement area and is therefore subject to Section 1.1.4 (Rural Areas in Municipalities) and Section 1.1.5 (Rural Lands in Municipalities) of the Provincial Policy Statement (PPS). Section 1.1.4.1 states “healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets”. Additionally, Section 1.1.5.2 states ‘on rural lands located in municipalities, permitted uses are: c) residential development, including lot creation, that is locally appropriate”. The proposed severed parcel is similar to other severed parcels located on Burnham Line. Additionally, the proposed lot will include existing development (dwelling) and is considered to be “locally appropriate” lot creation. Natural Heritage The subject property contains portions of unevaluated wetland in the north and west, which have the potential to contain fish habitat. As per Section 2.1.8 of the PPS, development and site alteration are not permitted “on lands adjacent to […] areas identified in policies 2.1.4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent

AGENDA ITEM #b)


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lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions”. The EIS prepared by Cambium Inc. was required to identify any significant natural heritage features on, and adjacent to the subject property and delineate the unevaluated wetland to the north and west of the proposed severed parcel. The EIS concluded that although there are wetland communities present on the subject property, they are not located on the lands proposed to be severed. The EIS identifies a wetland community (SWC3-2) that is located within 120 metres of the proposed lot. The EIS recommends that the lot line stay out of the wetland boundary, and that a 5-metre no-mow zone surrounding the wetland be protected. No impacts to fish habitat within the wetland are anticipated. In addition to the findings of the EIS, the proposed severed lot contains an existing dwelling. Therefore, no additional development beyond the creation of the lot is proposed. Additionally, the subject property was evaluated to determine the presence of any Species at Risk (SAR). The EIS states that although species had been identified on the property, such as the eastern wood-peewee and the little brown bat, no impacts are proposed as no further site alteration beyond the creation of a lot line is proposed. As such, it is our opinion that the proposed amendment to facilitate a second severance is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) The Township of Otonabee-South Monaghan is located within the Greater Golden Horseshoe and is subject to A Place to Grow: The Growth Plan for the Greater Golden Horseshoe (2019 Growth Plan). Until the County of Peterborough completes their new Official Plan, which shall conform to the Growth Plan (2019), 50 percent of all residential development shall be within the delineated built-up areas. However, the Township does not contain any delineated built-up areas (i.e. not fully serviced). This means that the remaining 50 percent of residential development may be located outside those delineated built-up areas, such in the rural area. The Township Official Plan provides for limited growth in the rural areas so that growth can be directed to settlement areas, thereby meeting the intent of the Growth Plan. As stated previously, the subject property contains unevaluated wetland within 120 metres to the north and west of the proposed severance. As per Section 4.2.4.1 c), development and site alteration that occurs within 120 metres of a key hydrologic feature must undergo a natural heritage evaluation or hydrologic evaluation that establishes a vegetation protection zone (VPZ) which “for key hydrologic features, fish habitat, and

AGENDA ITEM #b)


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significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature”. As noted, the EIS determined that a 30-metre vegetation protection zone (VPZ) from the wetland would be sufficient, in addition to a 5-metre no-mow zone surrounding the wetland. The existing septic system associated with the single-detached dwelling is located within the 30-metre VPZ of the wetland. Through consultation with ORCA, the proposed lot lines of the severed property (which will be concurrent with the boundary of the Special Policy designation) ensure minimal encroachment into the wetland. Additionally, no further development or site alteration is proposed. Therefore, it is our opinion that the landscaping use conforms with the 2019 Growth Plan for the Greater Golden Horseshoe. County of Peterborough Official Plan The subject property is identified within the Rural and Cultural Landscape as described in the County of Peterborough Official Plan and is subject to the policies therein (Section 4.3). This Section aims to preserve the rural character of the County and ensure the viability of the agricultural industry. It is our opinion that the proposed amendment conforms with the intent of Section 2.6.3.1 of the County of Peterborough Official Plan, which speaks to general policies for division of land. More specifically, the application conforms with Section 2.6.3.5, which speaks to severances in the Rural area. As such, it is our opinion that the proposed OPA conforms with the policies of the County OP. Township of Otonabee-South Monaghan Official Plan (2017) As noted above, the subject property is designated Rural, according to Schedule ‘A’ to the Township of Otonabee-South Monaghan Official Plan. Within the Rural designation, the creation of two (2) new lots and one (1) retained lot are permitted, as per Section 4.1.3 of the Official Plan. However, this Section states that “a holding is a parcel of land recorded as a separate parcel in the Land Registry Office as of January 1, 1998”. Due to the 2008 application decision identifying the newly created residential lot as the retained lot, the commercial property that had been severed and sold to the applicant, Kim Fontyn, is not be eligible for a second severance as the lot was “created” in 2008. Therefore, an amendment to the Official Plan is required to redesignate the lands to a Rural – Special Policy Area to revise the established date of a land holding

AGENDA ITEM #b)


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from January 1, 1998 to December, 2009 to permit a second severance on the subject property. As discussed, it is our opinion that this amendment is appropriate, given the previous issues related to the misidentification of the severed and retained lands. As per Section 8.16 of the Official Plan, Council shall consider the following criteria when evaluating the merits of Official Plan amendments:

(a) Whether the proposed Amendment will be consistent with the overall purpose and intent of this Plan, and the objectives and policies set out in this Plan;

It is our opinion that the proposed amendment is consistent with the overall purpose and intent of the Official Plan, as well as the objectives and policies of the Plan. As noted, the amendment will simply permit a second severance on the subject lands, which is normally permitted within the Rural designation.

(b) The need for the proposed change, use or development, having regard to lands elsewhere in the Municipality already designated for the proposed use;

As discussed in the PJR, the applicants could not be granted a second severance on the subject property due to an incorrect decision related to the 2008 severance application. The lands are currently designated Rural, which would permit the additional severance in any other circumstance. The new Special Policy designation will exist within the Rural designation, but will be linked to a specific policy text. In our opinion, there is no change in land use or standard “redesignation” of the lands.

(c) The suitability of the site for the proposed use, having regard to the relevant objectives and policies of this Plan;

(d) The compatibility of the proposed use with existing or planned uses on

adjacent lands and surrounding land uses; As noted herein, we are in agreement with the conclusions of the PJR that the proposed severance can be adequately accommodated on the site. In particular, the severance being proposed by this amendment will not negatively impact adjacent sensitive land uses and will be compatible with the surrounding agricultural area. Overall, the proposed use is consistent with the relevant objectives and policies of the OP.

(e) The location of the subject lands with respect to: (ii) The adequacy of the existing and proposed road system in relation

to the development of the proposed use; (iii) The integration of the proposed land use with existing or planned

land uses on adjoining lands;

AGENDA ITEM #b)


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(iv) The convenience and accessibility of the site for vehicular and pedestrian traffic, and traffic safety; and

(v) The physical suitability of the site, considering existing or potential environmental or physical hazards, the impacts of these hazards, and the feasibility of overcoming these hazards;

The severance being proposed through this amendment is on a lot that has already been developed. The dwelling on the subject lands has been owned and used by the applicant since the time of construction. The amendment to allow a second severance would create a lot that contains the residential structure, and associated well and subsurface septic. Access to the site has already been established by an existing driveway entrance on Burnham Line. No additional traffic is proposed. Furthermore, there are no environmental or physical hazards on the site that would constraint potential development.

(f) The adequacy of the potable water supply, sewage disposal facilities,

stormwater management and other municipal services; As noted in the Site Servicing Options Brief provided by the applicant, the site can support the proposed residential use from a servicing perspective. The existing well (Well 2) providing groundwater to the residential dwelling is adequate for the use. The Servicing Brief further states that the proposed development would cause minimal impact to groundwater resources on, and adjacent to the subject property. The subsurface septic system associated with the residential dwelling is adequate for the proposed use, and does not require any adjustment or improvements. The retained parcel, encompassing the commercial workshop and storage buildings, does not contain an existing septic system. The Site Servicing Brief provided by the applicant details the construction of a subsurface septic system for the retained parcel. The proposed septic system does not infringe on the proposed VPZs. Additionally, no impact is expected from the construction of the septic system. Therefore, we concur with the conclusions of the Site Servicing Options Brief prepared by D.M Wills.

(g) The impact of the Amendment on significant environmental features and

natural resources such as prime agricultural lands, mineral aggregate resources, wetlands, Areas of Natural and Scientific Interest, fish and wildlife habitat and significant forest resources;

As discussed in the EIS prepared by Cambium, specific recommendations have been given in order to prevent any impacts on adjacent features. This includes the 30-metre VPZ and 5-metre no-mow zone surrounding the wetland. Additionally, there is no development proposed on the subject property beyond the creation of the lot lines. All

AGENDA ITEM #b)


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structures related to the residential use have been constructed, and no further site alteration is proposed.

(h) The Minimum Distance Separation (MDS) formula requirements;

The proposed development does not conflict with MDS formula requirements.

(i) The potential effect of the proposed use on the financial position of the

Municipality; and The proposed amendment will not impact the Municipality from a financial perspective.

(j) Such other matters as may be required by the Municipality.

There are no other areas of concern that have been identified by Township staff. Township of Otonabee-South Monaghan Zoning By-law 2010-65 According to Schedule ‘A’ Map 1 to the Township of Otonabee-South Monaghan Zoning By-law, the subject property is zoned the Rural Exception-13 (RU-13) Zone and Environmental Protection (EP) Zone. The proposed severed lot does not contain any lands zoned EP. The created lot will not meet the minimum lot area requirements of the Rural Exception-13 (RU) Zone as established in Section 5.4.13 (6.8 hectares). Therefore, upon approval of this Official Plan Amendment, and upon approval of the future Consent to sever application, the severed parcel will be required to be rezoned. Additionally, upon completion of the severance, the retained lands will not meet the minimum lot area requirements of the Rural Exception-13 (RU) Zone as established in Section 5.4.13 (6.8 hectares). Therefore, the retained lands will also be required to be rezoned. As no Consent application has been filed yet (the OPA must be first approved), the rezoning of the severed and retained parcels will be addressed through conditions of consent. A Zoning By-law amendment is not required at this point because the OPA deals only with the eligibility date, and not the future lot areas. Proposed Amendment The Official Plan amendment (OPA No. 7) will have the effect of adding a new section to the Rural designation, titled “Rural – Special Policy Area”. This special policy will

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specifically revise the established date of a land holding from January 1, 1998 to December, 2009 to permit a severance on the subject property, as defined on Schedule “A” to OPA No. 7. All other policies of the Rural designation will continue to apply A Schedule for the proposed amendments has been prepared showing the boundary of the new designation. Budget Implications The Official Plan Amendment application was submitted with the application fee of $3,000.00 and the required $7,000.00 deposit which is the fee structure for a major amendment under the Tariff of Fees By-law. The applicant also entered in a Development Agreement with the Township, which requires a deposit of $10,000.00 for peer review fees. Next Steps Once a decision has been made by Council, the adopted OPA No. 7 will be submitted to the County of Peterborough for final approval. Notice & Communications Public Notice for the Official Plan Amendment application was issued by the Township at least 20 days prior to the Statutory Public Meeting. Both a Notice of Complete Application and a Notice of Public Meeting were circulated to neighbouring properties within 120 metres of the subject lands, as well as the applicable agencies. A sign showing the Notice of Public Meeting was posted at the subject property 20 days prior to the Statutory Public Meeting. Summary Given the foregoing, and subject to comments received from Council and the public, we respectfully recommend that the proposed OPA No. 7 and the By-law 2020-59 be adopted and approved, respectively, as the applications are consistent and conform with Provincial and local planning policy, and represent good planning. Prepared by: Kent Randall, Township Planning Consultant

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ECOVUE CONSULTING SERVICES INC.

J. Kent Randall B.E.S. MCIP RPP Township Planning Consultant

AGENDA ITEM #b)


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Key Map

2638 Burnham Line, Part Lot 32, Concession 11, Otonabee Ward, Township of Otonabee-South Monaghan

Subject Property

AGENDA ITEM #b)





Fontyn Consent

Prepared For:

The Corporation of the


Prepared By:


Peterborough, Ontario

December 8, 2020

AGENDA ITEM #b)


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THE CORPORATION OF THE


BY-LAW NO. 2020-59

Being a By-law passed pursuant to the provisions of Sections 17 and 21 of the Planning

Act, R.S.O. 1990, as amended.

The Council of the Corporation of the Township of Otonabee-South Monaghan, in accordance

with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, as amended, hereby

enacts as follows:

1. Amendment No. 7 to the Official Plan of the Township of Otonabee-South Monaghan, consisting of the attached explanatory text, is hereby adopted.

2. The Clerk is hereby authorized and directed to make application to the County of Peterborough for approval of Amendment No. 7 to the Official Plan of the Township of Otonabee-South Monaghan.

3. The Clerk is hereby authorized and directed to proceed with the giving of notice under Section 17(23) of the Planning Act.

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

Enacted and passed this 14th day of December, 2020.

Signed: _____________________________

Mayor, Joe Taylor

CORPORATE SEAL OF

MUNICIPALITY

Signed: _____________________________


AGENDA ITEM #b)


CERTIFICATE

AMENDMENT NO. 7



The attached explanatory text, constituting Amendment No. 7 to the Official Plan of the

Township of Otonabee-South Monaghan, was prepared by the Council of the Township of

Otonabee-South Monaghan and was adopted by the Council of the Township of Otonabee-

South Monaghan by By-law No. 2020-59 in accordance with the provisions of Sections 17 and

21 of the Planning Act, R.S.O. 1990, on the 14th day of December, 2020.

Signed: ____________________________

Mayor, Joe Taylor

CORPORATE SEAL OF

MUNICIPALITY

Signed: ____________________________


This Amendment to the Official Plan of the Township of Otonabee-South Monaghan, which has

been adopted by the Council of the Township of Otonabee-South Monaghan, is hereby

approved in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O.

1990, as Amendment No. 7 to the Official Plan of the Township of Otonabee-South Monaghan.

_________________________ ____________________________

Date Bryan Weir

Director of Planning

County of Peterborough

AGENDA ITEM #b)


2

AMENDMENT NO. 7

TO THE



TABLE OF CONTENTS

PAGE

ADOPTION BY-LAW

CERTIFICATE

TABLE OF CONTENTS 2

INTRODUCTION 3

PART “A” -- THE PREAMBLE 4

1. Purpose of the Amendment 4 2. Location of Subject Lands 4 3. Basis of the Amendment 5

PART “B” -- THE AMENDMENT 8

1. Introductory Statement 8 2. Details of the Amendment 8 3. Implementation and Interpretation 8

SCHEDULE “A” TO THE AMENDMENT 9

PART “C” -- APPENDICES 10

Appendix No. 1 Notice of Public Meeting

Appendix No. 2 Planning Justification Report (D.M. Wills)

AGENDA ITEM #b)


3


PART “A” – THE PREAMBLE does not constitute part of this Amendment.

PART “B” – THE AMENDMENT consisting of the following text constitutes Amendment

No. 7 to the Official Plan for the Township of Otonabee-South Monaghan.

Also attached is PART “C” – APPENDICES which do not form part of this amendment.

The appendices contain copies of the following:

1. Notice of Public Meeting

2. Planning Justification Report (amended) prepared by D.M. Wills, which

provides the planning justification for the amendment and a summary of

technical reports.

AGENDA ITEM #b)


4

PART A – THE PREAMBLE

PURPOSE

The Township of Otonabee-South Monaghan is in receipt of an application to amend the

Official Plan of the Township of Otonabee-South Monaghan. The applicant and

landowner is Kim Fontyn, and the agent is D.M. Wills Associates.

The purpose of the Official Plan Amendment (OPA No. 7) is to amend Schedule “A” to

the Official Plan of the Township of Otonabee South-Monaghan by redesignating the

subject lands from the Rural designation to the Rural – Special Policy Area in order to

permit the creation of a new lot on a land holding that is not eligible for severance, in

accordance with Section 4.1.3 of the Official Plan. The OPA will also add a Special Policy

to Section 5.9 of the Official Plan text (proposed Section 5.9.15) that will describe site-

specific policies related to the Rural – Special Policy Area designation. The proposed

textual amendment is described within Part B – The Amendment.

The agent/applicant submitted the following supplemental studies/reports as part of the

application for Official Plan Amendment:

1. Planning Justification Report, prepared by D.M. Wills;

2. Servicing Options Brief, prepared by D.M. Wills;

3. Lot Grading and Drainage Plan, prepared by D.M. Wills; and

4. Environmental Impact Assessment, prepared by Cambium Inc.

Each of these reports have been reviewed by Township and County staff, as well as the

municipal peer-review consultants. All reports have been found to adequately address

the technical requirements of the Official Plan Amendment application process.

LOCATION OF SUBJECT LANDS

OPA No. 7 applies to lands located in part of Lot 32, Concession 11, Otonabee Ward of

the Township of Otonabee-South Monaghan. The municipal address of the property is

2638 Burnham Line.

The subject property is located at the southwest corner of Division Road and Burnham

Line, approximately 1-kilometre east of the City of Peterborough. The total area of the

property is approximately 6.87 hectares (16.98 acres) with 176 metres of frontage on the

Burnham Line and 311 metres of frontage on Division Road. A key map of the subject

property can be found in Schedule “A” to the Amendment. The subject property includes

one (1) single detached dwelling, a workshop and two (2) storage buildings used for a

commercial business owned and operated by the applicant.

BASIS

The applicant has owned the subject property for approximately 11 years. The subject

property supports two uses: a residential use in the form of one (1) single detached

AGENDA ITEM #b)


5

dwelling and a commercial use in the form of one (1) workshop and two (2) storage

buildings.

The subject property is designated Rural, according to Schedule “A” to the Township of

Otonabee-South Monaghan Official Plan (OSMOP). The Rural designation identifies

those lands within the Township that are intended for low-impact rural uses, while striving

to protect Agricultural lands from incompatible uses and development. As per Section

5.9.2 of the Official Plan, permitted uses within the Rural designation are limited to

agricultural uses, agriculture-related uses, farm related residential uses, non-farm related

residential uses, on-farm diversified uses, and small-scale commercial and industrial

uses.

Prior to the purchase of the property by the applicant, the property had been the subject

of one (1) consent application in 2008. The previous owner had applied to sever a rural

residential lot – now known municipally as 2624 Burnham Line – from the subject

property. The Township of Otonabee-South Monaghan and the County of Peterborough

approved the consent application in 2009 (County File No. B11/06). The 2009 application

decision had incorrectly identified the newly created residential lot as the retained lot, and

the subject lands as the severed lot. As noted below, this misidentification had

implications for a future consent application.

The subject property was purchased by the applicant, Kim Fontyn, in 2009. The applicant

constructed one (1) single-detached dwelling with private services (well and subsurface

septic) and one (1) workshop, and reconstructed the two (2) storage buildings that existed

on the property. As per Township of Otonabee South-Monaghan Official Plan Section

4.1.3 d), the maximum number of new lots created by consent within the Rural designation

are “two (2) new lots and one (1) retained parcel”. Therefore, an additional severance

could be obtained on the property, subject to any other applicable planning policies. As

such, the applicant submitted a Severance Proposal Form to the County of Peterborough

to sever the single-detached dwelling off of the property in March 2014. The County’s

Preliminary Severance Review (PSR) was issued in 2014, and concluded that the subject

lands were not eligible for severance, citing Section 4.2.3 b) of the Township of Otonabee-

South Monaghan Official Plan, which states:

“b) Timing of Severances

A minimum period of five (5) years shall elapse between the granting of

severances for residential lots from a holding in the Rural designation (as

defined in Section 4.1.3). This minimum time period begins on the date of

the first severance being recorded as a separate parcel in the Land Registry

Office”.

The County’s 2014 PSR had identified the subject property as the “retained” parcel, rather

than the “severed” parcel, as it had been identified when the original severance was

granted in 2009. Therefore, the 2014 PSR concluded that the property would be eligible

for a severance by late 2014.

AGENDA ITEM #b)


6

The applicant then submitted a second Severance Proposal to the County of Peterborough in 2016. The intent of the proposal was to sever the commercial buildings from the residential dwelling. However, the County’s 2016 PSR concluded that the land was not eligible for severance as per Section 4.1.3 of the Official Plan, which states:

“For all designations other than the Hamlet, Commercial and Employment Areas

designations, a holding is a parcel of land recorded as a separate parcel in the

Land Registry Office as of January 1, 1998”.

This conclusion was provided because the subject lands had been identified as the

“severed” lands when the original consent was granted in 2009. Therefore, the subject

property was considered a new land holding and would not be eligible for a second

severance, even though it should have been identified as the “retained” lands in 2009 and

considered a land holding that existed as of January 1, 1998.

In order to correct this error, an Official Plan Amendment, that will have the effect of

redesignating the property to permit a second severance, is required. The site-specific

policy that will apply to the subject lands will allow for a maximum of one (1) severance

on a parcel that is considered to have been “created” in 2009, rather than the January 1,

1998 date provided in Section 4.1.3 of the OSMOP.

An analysis of the proposed amendment in the context of the applicable local and

provincial policy was provided in the Planning Justification Report (PJR) submitted by

D.M. Wills. The PJR states that the proposed amendment conforms to the applicable

severance policies within the Township of Otonabee South-Monaghan, and all other

applicable provincial and local policy. Additionally, in accordance with Official Plan policy

4.1.3 d), the granting of the proposed amendment would re-establish the opportunity to

perform a second severance on the subject property.

It is our opinion that the proposed amendment is consistent with all applicable Provincial

and local planning policy. As noted, this amendment focuses only on the eligibility date

provided in Section 4.1.3 of the OSMOP. A second severance is permitted within the

Rural designation and no additional development is proposed.

It should also be noted that a severance application and Zoning By-law amendment

application will still be required after the approval of OPA No. 5 in order to create the new

lot.

AGENDA ITEM #b)


7

PART B – THE AMENDMENT

1. INTRODUCTORY STATEMENT

All of this Part of the document entitled Part B – The Amendment consisting of the

following text constitutes Amendment No. 7 to the Official Plan of the Township of

Otonabee-South Monaghan.

2. DETAILS OF THE AMENDMENT

The Official Plan of the Township of Otonabee-South Monaghan is hereby amended as

follows:

(a) Schedule “A” to the Official Plan of the Township of Otonabee-South Monaghan,

the Land Use and Transportation Plan, is amended as shown on Schedule “A”

attached hereto and forming part of this Amendment.

(b) Section 5.9 of the Official Plan of the Township of Otonabee-South Monaghan

Official Plan, as amended, is amended by adding the following subsection 5.9.15:

“5.9.15 Special Policy Area – Part of Lot 32, Concession 11, Otonabee Ward

(Fontyn)

Notwithstanding the policies of Section 4.1.3 to the contrary, lands located in Part

of Lot 32, Concession 11, Otonabee Ward, and identified on Schedule “A”, that

have been recorded as a separate parcel in the Land Registry Office as of

December 2009, shall be eligible for a maximum of one (1) new lot created by

consent plus one (1) retained parcel, in accordance with all other applicable

requirements of this Plan.”

3. IMPLEMENTATION AND INTERPRETATION

The implementation and interpretation of Official Plan Amendment No. 7 shall be in

accordance with the respective policies of the Official Plan of the Township of Otonabee-

South Monaghan.

AGENDA ITEM #b)


DIVISION ROADBURNHAM

LINETOWNSHIP OF DOURO-DUMMER


Subject Property:2638 Burnham LinePt. Lot 32, Concession 11Township of Otonabee-South-MonaghanOtonabee WardCounty of Peterborough

Township of Otonabee-South MonaghanSCALE: 1:3,000

Schedule "A" to Official Plan Amendment No. 7Passed this 14th day of December, 2020

Mayor - Joe Taylor

Clerk - Heather Scott


Peterborough ON K9J 3H3Tel: 705-876-8340 Fax: 705-742-8343

311 George St. N., Suite 200

www.ecovueconsulting.com

= Lands to be redesignated from the "Rural" designation to the "Rural Special Policy Area - Section 5.9.15" designation.

= Lands to remain in the "Rural" designation.

AGENDA ITEM #b)


9

PART C – THE APPENDICES

The following appendices do not constitute part of Official Plan Amendment No. 7, but

are included as information supporting the Amendment.

• Appendix No. 1 Notice of Public Meeting

• Appendix No. 2 Planning Justification Report

AGENDA ITEM #b)


10

Appendix A Notice of Public Meeting

AGENDA ITEM #b)


11

Appendix B Planning Justification Report

D.M. Wills

AGENDA ITEM #b)


Planning Justification Report

2638 Burnham Line

Lot 32, Concession 11

Township of Otonabee-South

Monaghan

Official Plan Amendment Application

D.M. Wills Project Number 17-7294

D.M. Wills Associates Limited Peterborough

February 2020

Prepared for:

Kim Fontyn

AGENDA ITEM #b)



2638 Burnham Line, OSM

D.M. Wills Associates Limited Page i Project Number 17-7294

Contents

1.0 Introduction and Objectives ........................................................................................ 1

1.1 Amendment Objectives ............................................................................................... 1

1.2 Purpose of Planning Justification Brief ........................................................................ 1

2.0 Project Background ...................................................................................................... 1

2.1 Property Location .......................................................................................................... 1

2.2 Property Development and Uses ................................................................................. 1

2.3 Surrounding Land Uses .................................................................................................. 4

2.4 Severance History .......................................................................................................... 6

2.5 2014 Preliminary Severance Review:........................................................................... 6

2.6 2016 Preliminary Severance Review:........................................................................... 7

2.7 Present Issue: ................................................................................................................... 7

2.8 Mead Floodplain Study ............................................................................................... 10

3.0 Supporting Technical Studies ..................................................................................... 10

3.1 Environmental Impact Study ...................................................................................... 10

3.2 Servicing Options Report ............................................................................................ 10

3.3 Lot Grading and Drainage Plan ................................................................................ 11

4.0 Policy Framework ........................................................................................................ 11

4.1 Provincial ....................................................................................................................... 12

4.1.1 Growth Plan for the Greater Golden Horseshoe (2017).................................. 12

4.1.3 Provincial Policy Statement (2014) ..................................................................... 14

4.2 Municipal ...................................................................................................................... 16

4.2.1 County of Peterborough Official Plan (Consolidated to 2017) ..................... 16

4.2.2 Township of Otonabee-South Monaghan Official Plan (2015) ...................... 18

4.2.3 Township of Otonabee-South Monaghan Comprehensive Zoning By-law . 24

5.0 Planning Rationale ...................................................................................................... 26

6.0 Proposed Official Plan Amendment .......................................................................... 26

7.0 Closing ......................................................................................................................... 28

AGENDA ITEM #b)




D.M. Wills Associates Limited Page ii Project Number 17-7294

Figures

Figure 1 – Key Map ....................................................................................................................... 2

Figure 2 – Site Development ....................................................................................................... 3

Figure 3 – Surrounding Land Uses ............................................................................................... 5

Figure 4 – Proposed Severed and Retained Lands ................................................................. 9

Figure 5 – Official Plan Schedule A Land Use Plan Map No. 1 ............................................. 23

Figure 6 – Schedule A Zoning By-Law Map No. 1................................................................... 25

Figure 7 – Proposed Amendment ............................................................................................ 27

Appendices

Appendix A - Photographic Log

AGENDA ITEM #b)




D.M. Wills Associates Limited Page 1 Project Number 17-7294

1.0 Introduction and Objectives

D.M. Wills Associates Limited (Wills) has been retained by Kim Fontyn (Client) to prepare

this Planning Justification Report in support of an Official Plan Amendment (OPA) to the

Township of Otonabee-South Monaghan Official Plan filed with the Township of

Otonabee-South Monaghan (OSM). The proposed OPA is site-specific and intends to

permit a second severance on lands located at 2638 Burnham Line (Subject Property),

which was inadvertently removed as a result of a previous severance application.

1.1 Amendment Objectives

The OPA will amend Section 4.1.3 of the OSM Official Plan, which implements the date of

a land holding to exclude the Subject Property and re-establish the potential for a

second severance. The Subject Property will maintain the existing Rural designation and

propose a site specific amendment to permit an additional severance that was

inadvertently eliminated under a previous severance application with the County of

Peterborough (County) known as file B11/06A.

1.2 Purpose of Planning Justification Brief

The purpose of this report is to outline the nature of the proposed OPA and evaluate the

amendment in the context of provincial and municipal policy including: the Planning

Act, the 2014 Provincial Policy Statement, A Place to Grow: The Growth Plan for the

Greater Golden Horseshoe, the County of Peterborough Official Plan, the Otonabee-

South Monaghan Official Plan and the Otonabee-South Monaghan Comprehensive

Zoning By-law.

2.0 Project Background

2.1 Property Location

The Subject Property is located at 2638 Burnham Line on the south-west corner of Division

Road and Burnham Line and legally described as Lot 32, Concession 11 in the Otonabee

Ward, Township of Otonabee-South Monaghan, County of Peterborough. The Subject

Property has approximately 176 m of frontage along Burnham Line and 311 m of

frontage along Division Road and is approximately 6.87 hectares (16.98 acres) in area.

Refer to Figure 1.

2.2 Property Development and Uses

The Subject Property facilitates multiple uses on site. The land is developed with a

residential dwelling occupied by the property owner, a workshop and two (2) storage

buildings that support a commercial business also owned and operated by the property

owner. The site topography is uneven with the residential dwelling sitting on top of the

slope with a continual slope down towards Division Road where the balance of the site

development has occurred. Access to the Subject Property is via Burnham Line only with

two separate entrances serving the residential and commercial buildings. Refer to

Figure 2.

AGENDA ITEM #b)


Figure 1

Key MapNAD83 UTM Zone 17 North

D.M. Wills Associates Limited150 Jameson DrivePeterborough, OntarioK9J 0B9

P. 705.742.2297F. 705.748.9944E. [email protected]

Drawn by:

Checked by:

Project No.

Map File No.

Map Date

AK

Scale

Legend

Division R

oad

Burnham Line

County Road 4

Daleview Road

Subject Property

Property Boundary

Road

Permanent Watercourse 0 80 16040Meters

SubjectProperty

¥

DK

Feb 2020

7294

Parkhill R

oad East

'Douro Dummer'

'Otonabee-SouthMonaghan'

'Donwood'

AG

END

A ITEM #b)

Kent Randall, EcoVue C

onsulting - Fontyn - OPA

of 96

Figure 2

Site DevelopmentNAD83 UTM Zone 17 North



Drawn by:

Checked by:

Project No.

Map File No.

Map Date

Scale

LegendSubject Property

Road

AK

DK

Feb 2020

7294

Division R

oad

Burnham Line

Daleview Road

¥

0 20 40 60 8010

Meters

'Douro Dummer'


CommercialBuildings

Workshop

Residential

AG

END

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of 96




2.3 Surrounding Land Uses

The Subject Property is situated to the south of the settlement area of Donwood in the

Township of Douro-Dummer, agricultural uses and scattered residential development is

located to the east, agricultural uses to the south and a natural heritage feature

(wetland) to the west. Refer to Figure 3.

AGENDA ITEM #b)


Figure 3

Surrounding Land UsesNAD83 UTM Zone 17 North



Drawn by:

Checked by:

Project No.

Map File No.

Map Date

Scale

Legend

SubjectProperty

¥

Harold TownConservationArea

Residential

Commercial EducationalFacility

AgriculturalLands

Subject Property

Road

0 100 20050Meters

Division

Road

Burnham Line

County Road 4

Daleview Road

Parkhill R

oad East

Television Road

AgriculturalLands

AK

DK

Feb 2020

7294

'Douro Dummer'


'Donwood'

AG

END

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of 96




2.4 Severance History

The Subject Property is designated Rural and Environmental Protection under the

Otonabee-South Monaghan Official Plan (OSM OP). The Rural designation permits up to

two (2) severances subject to the provincial and municipal policies. For context, a brief

description of the severance history of the Subject Property is described below.

Subject Property as it existed in 2006 was owned by the Jacksons and consisted of

approximately 6.8 hectares;

The Jacksons developed the Subject Property with a single-family dwelling and two

(2) metal framed storage buildings that were commercial in use;

The County’s severance history for the Subject Property, as it then was, includes the

following:

o Consent to Sever application bearing file no. B11/06 submitted to the County

in 2006 (2006 Severance Application). The Jackson’s proposed to sever the

portion of the property with the existing two (2) metal framed buildings, while

the retained portion had only the single-family dwelling;

o During their review of the 2006 Severance Application, OSM staff expressed

concern regarding the proposed lot sizes. As submitted, the 2006 Severance

Application would have resulted in a substandard rural lot with mixed land

uses;

o This concern was mitigated by amending the 2006 Severance Application

with an amended 2008 Severance Application (2008 Amended Application)

bearing application no. B11/06A;

o The 2008 Amended Application adjusted the severed and retained lot sizes to

within acceptable standards;

The 2008 Amended Application was approved by OSM and the County in 2009

and the severance was granted;

o The rural parcel with the associated commercial use was severed and a

retained residential lot with the existing single detached dwelling were

created; and,

In 2009, the Client purchased the severed parcel, constructed a new residential

dwelling, reconstructed the two (2) existing storage buildings and built a new

workshop serviced by a private individual well and septic system.

2.5 2014 Preliminary Severance Review:

In March 2014, a Preliminary Severance Review (2014 PSR) was submitted to the

County proposing to sever the residential dwelling from the balance of the

Subject Property, which contains the workshop and the storage buildings;

County staff issued a report (2014 PSR Report) which concluded that the Subject

Property was not eligible for consent for the following reason:

o OSM Official Plan (OSM OP) policy 4.2.3(b) states,

AGENDA ITEM #b)





4.2.3…

(b) a maximum of two (2) severed and one (1) retained lot is permitted from a

property as it existed 25 years prior to the date of applications, provided

that the severances are separated by a period of at least five (5) years.

The property would be eligible as of August 2014 and therefore, the PSR

was not supported by County planning staff.

It is important to note that the 2014 PSR Report recommended that the Subject

Property was the retained portion under the 2008 Amended Application;

The result being the 2014 PSR recommendation contained an error; and,

In addition, the Subject Property would be eligible for severance later in 2014 and

thereafter.

2.6 2016 Preliminary Severance Review:

On July 14, 2016, another PSR was submitted to the County (2016 PSR);

The 2016 PSR proposed to sever the commercial portion of the Subject Property as

a home industry;

The retained parcel would contain the residential dwelling; and,

The report issued by County staff pursuant to the 2016 PSR (2016 PSR Report)

concluded the following:

o The property is not eligible for a severance as per Section 4.1.3 which states a

land holding is a parcel of land recorded as a separate parcel in the Land

Registry Office as of January 1, 1998. The Subject Parcel was created by

severance in August 2009 and, therefore, does not meet the definition of a

land holding.

2.7 Present Issue:

The Subject Property does not qualify for a severance as per Section 4.1.3 of the

OSM OP;

The 2008 Amended Application decision eliminated the potential for a second

permitted severance under the Rural designation policies;

The County’s 2014 PSR Report recommended, in error, that the Subject Property

would be eligible for consent five (5) years after the 2008 Amended Application

(approved in 2009).

o Section 4.1.3 of the OSM OP defines a “Land Holding” as:

4.1.3 A parcel of land recorded as a separate parcel in the Land Registry

Office as of January 1, 1998.1

1 This is true for all designations other than Hamlet, Commercial and Employment Area.

AGENDA ITEM #b)





As the Subject Property was created by severance in August 2009 and is designated,

“Rural”, the Subject Property does not meet the definition of a “Land Holding” and

thereby, does not qualify for a severance under this policy.

Based on the severance history, property background, and past planning application

approvals, it is evident that the 2008 Amended Application approval eliminated the

second permitted severance on the Subject Property without documenting the reason

or providing adequate justification for this decision. The decision has negatively

impacted the potential future use and development of the Subject Property. As a result,

in consultation with OSM and County staff, an amendment to the Official Plan is being

considered to permit a second severance on the property. Refer to Figure 4.

AGENDA ITEM #b)


Figure 4Proposed Severed and

Retained lands2638 Burnham Line

NAD83 UTM Zone 17 North



Drawn by:

Checked by:

Project No.

Map File No.

Map Date

AK

DK

7294

Feb 2020

Scale

Legend

15.8 m

19.9 m

23.6 m

29.2 m

33.5 m

54.1 m

54.6 m

61.0 m

72.8 m

81.9 m

104.7 m

118.1 m

133.9 m

231.0 m

312.8 m

Severed Land

Retained Land

Building Footprint

Permanent Watercourse

Pond

0 30 6015

Meters

Burnham Line

Division R

oad

¥A

GEN

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#b)



of 96




2.8 Mead Floodplain Study

The majority of the Meade Creek sub watershed is located in the Township of Douro-

Dummer and the Township of Otonabee-South Monaghan. The Otonabee Region

Conservation Authority (ORCA) is currently finalizing the Meade Creek floodplain

mapping exercise to illustrate the areas where flooding will occur during a regulatory

storm event. The study area includes land between the Otonabee River and Little Lake

and Burnham Line. The creek flows into the study area as two (2) separate branches

before joining together north of Old Norwood Road and flowing into Little Lake.

Further discussion with ORCA have confirmed that the Subject Property is not within the

areas prone to flooding as identified in the updated Meade Creek floodplain mapping.

3.0 Supporting Technical Studies

In 2016, the owner retained Cambium Inc. to prepare an Environmental Impact Study

(EIS) in support of the proposed severance. The balance of the technical studies were

requested by OSM as part of this OPA submission.

3.1 Environmental Impact Study

The 2016 EIS was prepared to identify and delineate the abutting unevaluated wetland

and identify the presence of any significant natural heritage features, investigate the

presence of fish habitat, Species at Risk (SAR) and evaluate the potential impact as a

result of the proposed lot creation. Updates to the EIS were not required as part of this

application submission but will be discussed in the context of the 2019 Growth Plan.

The EIS confirms the presence of a wetland on the proposed severed lands are located

to the north and west of the proposed severed lands however, this wetland is not

considered provincially or locally significant. Additionally, there are no Provincially

Significant Wetlands (PSW) or locally significant wetlands within 120 m or 30 m of the

Subject Property, respectively. The presence of fish habitat or a defined watercourse

channel was not identified but the EIS notes that the wetland on the Subject Property is

part of a drainage feature and could potentially provide fish habitat when water levels

permit connectivity of the Subject Property to other surface water features. No impacts

to fish habitat are anticipated as a result of the proposed severance however,

development should be directed outside of the wetland feature.

3.2 Servicing Options Report

In August 2019, Wills completed a Servicing Options Report for the Subject Property in

support of the Official Plan Amendment to facilitate a residential severance. The report

notes that the Subject Property is located within the physio geographic region known as

the Peterborough Drumlin Fields, characterized by undulating till plains punctuated with

northeast trending drumlin features. The soils are comprised of stone poor, sandy silt to

silty sand textured till in the east, and organic deposits containing peat, muck, or marl on

the west side of the Subject Property. The Subject Property is solely serviced by a

privately owned well and septic system. The existing well is located on the south side of

AGENDA ITEM #b)





the existing dwelling and on the proposed severed parcel. The existing septic system is

located on the east side of the Subject Property and west of the existing dwelling. The

existing well and septic system will continue to service the residence on the proposed

severed lot while a new well and septic system will be required to service the proposed

retained parcel.

The existing well has serviced the property (both residential and commercial uses) with

no known capacity issues documented. Three (3) groundwater monitoring wells were

installed to determine depth to groundwater and six pump tests were conducted to

determine groundwater supply. The results of the pump tests indicate that adequate

groundwater supply is available to service the proposed severed and retained lots,

minimal impacts to groundwater resources on adjacent properties is expected and no

significant interference during peak pumping periods to existing off-site wells.

Test pit investigations were also conducted including the excavation of three (3) test pits

on the proposed retained parcel. Based on the shallow soil and groundwater

conditions, the results indicate that the proposed retained parcel can accommodate a

subsurface sewage disposal system while maintaining the required setback from the

proposed severed property boundaries.

Additionally, a nitrate impact assessment concluded that the predicted nitrate

concentration is within the Ministry of the Environment and Parks requirements.

3.3 Lot Grading and Drainage Plan

In November 2019, Wills completed a Lot Grading and Drainage Plan (Plan) for the

Subject Property to demonstrate pre and post stormwater flow and management. The

Plan illustrates existing conditions in which stormwater runoff from the proposed severed

parcel flows overland in a northerly direction. A portion of this flow discharges to the

existing pond, while the remainder is directed to the existing building, immediately west

of the pond. In order to prevent stormwater impacts from the proposed severed parcel

to the existing building, an interceptor swale will be constructed along the north

property line, directing runoff westerly, towards the wetland boundary.

4.0 Policy Framework

The Subject Property is designated Rural and Environmental Protection on Schedule A,

Map No. 1 of the OSM Official Plan (OSM OP) and contains an unevaluated wetland

according to Schedule B – Natural Features. The Subject Property is zoned Rural

Exception Thirteen (RU-13) and Environmental Protection (EP) on Schedule A, Map 1 in

the OSM Zoning By-law (ZBL).

The following provincial and municipal land use policy documents contain policies that

relate to the proposed amendment of the Subject Property. The OPA will be reviewed in

the context of these applicable policies. The policy documents include the Growth Plan

for the Greater Golden Horseshoe (2019), Provincial Policy Statement (2014), the County

of Peterborough Official Plan (2017), the Township of Otonabee-South Monaghan

Official Plan (2015) and the Township of Otonabee-South Monaghan Comprehensive

Zoning By-law.

AGENDA ITEM #b)





4.1 Provincial

4.1.1 Growth Plan for the Greater Golden Horseshoe (2017)

The Growth Plan for the Greater Golden Horseshoe (Growth Plan) provides additional

Provincial policy for lands within one (1) of the fastest growing regions in North America.

Its policies are intended to support growth and development while ensuring that it

occurs in an orderly and well-planned fashion, so as to protect the social, economic,

and environmental interests of Ontario and its residents.

Section 1.2.3 Relationship with the Provincial Policy Statement (PPS)

The PPS provides overall policy directions on matters of provincial interest related to

land use and development in Ontario, and applies to the GGH, except where this

Plan or another provincial plan provides otherwise.

Like other provincial plans, this Plan builds upon the policy foundation provided by

the PPS and provides additional and more specific land use planning policies to

address issues facing specific geographic areas in Ontario. This Plan is to be read in

conjunction with the PPS. The policies of this Plan take precedence over the policies

of the PPS to the extent of any conflict, except where the relevant legislation

provides otherwise. Where the policies of this Plan address the same, similar, related,

or overlapping matters as policies in the PPS, applying the more specific policies of

this Plan satisfies the requirements of the more general policies in the PPS. In contrast,

where matters addressed in the PPS do not overlap with policies in this Plan, those

PPS policies must be independently satisfied.

As provided for in the Places to Grow Act, 2005, this Plan prevails where there is a

conflict between this Plan and the PPS. The only exception is where the conflict is

between policies relating to the natural environment or human health. In that case,

the direction that provides more protection to the natural environment or human

health prevails.

Section 2.2.9 Rural Areas

3. Subject to the policies in Section 4, development outside of settlement areas may

be permitted on rural lands for:

a) the management or use of resources;

b) resource-based recreational uses; and

c) other rural land uses that are not appropriate in settlement areas provided

they:

i. are compatible with the rural landscape and surrounding local land uses;

ii. will be sustained by rural service levels; and,

iii. will not adversely affect the protection of agricultural uses and other

resource- based uses such as mineral aggregate operations.

AGENDA ITEM #b)





6. New multiple lots or units for residential development will be directed to

settlement areas, but may be allowed on rural lands in site-specific locations with

approved zoning or designation in an official plan that permitted this type of

development as of June 16, 2006.

4.2 Policies for Protecting What is Valuable

4.2.3 Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage

Features

1. Outside of settlement areas, development or site alteration is not permitted in

key natural heritage features that are part of the Natural Heritage System for

the Growth Plan or in key hydrologic features, except for:

…..

e) expansions to existing buildings and structures, accessory structures and

uses, and conversions of legally existing uses which bring the use more into

conformity with this Plan, subject to demonstration that the use does not

expand into the key hydrologic feature or key natural heritage feature or

vegetative protection zone unless there is no other alternative, in which

case any expansion will be limited in scope and kept within close

geographical proximity to the existing structure;

4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features

1. Outside settlement areas, a proposal for new development or site alteration

within 120 metres of a key natural heritage feature within the Natural Heritage

System for the Growth Plan or a key hydrologic feature will require a natural

heritage evaluation or hydrologic evaluation that identifies a vegetation

protection zone, which:

a) is of sufficient width to protect the key natural heritage feature or key

hydrologic feature and its functions from the impacts of the proposed

change;

b) is established to achieve and be maintained as natural self-sustaining

vegetation; and,

c) for key hydrologic features, fish habitat, and significant woodlands, is no

less than 30 metres measured from the outside boundary of the key natural

heritage feature or key hydrologic feature.

2. Evaluations undertaken in accordance with policy 4.2.4.1 will identify any

additional restrictions to be applied before, during, and after development to

protect the hydrologic functions and ecological functions of the feature.

3. Development or site alteration is not permitted in the vegetation protection

zone, with the exception of that described in policy 4.2.3.1 or shoreline

development as permitted in accordance with policy 4.2.4.5.

AGENDA ITEM #b)





4.1.3 Provincial Policy Statement (2014)

The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of

provincial interest related to land use planning and development. Section 3 of the

Planning Act requires that decisions affecting planning matters “shall be consistent with”

policy statements issued under the Act. In general, the PPS seeks to promote the

development of communities that are socially, economically, and environmentally

resilient.

1.1.4 Rural Areas in Municipalities

1.1.4.1 Healthy, integrated and viable rural areas should be supported by:

a) building upon rural character, and leveraging rural amenities and assets;

d) encouraging the conservation and redevelopment of existing rural housing

stock on rural lands;

e) using rural infrastructure and public service facilities efficiently;

f) promoting diversification of the economic base and employment

opportunities through goods and services, including value-added products

and the sustainable management or use of resources;

h) conserving biodiversity and considering the ecological benefits provided by

nature

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.

1.1.4.4 Growth and development may be directed to rural lands in accordance

with policy 1.1.5, including where a municipality does not have a

settlement area.

1.1.5 Rural Lands in Municipalities

1.1.5.1 When directing development on rural lands, a planning authority shall apply

the relevant policies of Section 1: Building Strong Healthy Communities, as well

as the policies of Section 2: Wise Use and Management of Resources and

Section 3: Protecting Public Health and Safety.

1.1.5.2 On rural lands located in municipalities, permitted uses are:

a) the management or use of resources;

b) resource-based recreational uses (including recreational dwellings);

c) limited residential development;

d) home occupations and home industries;

e) cemeteries; and,

f) other rural land uses.

AGENDA ITEM #b)





1.1.5.3 Recreational, tourism and other economic opportunities should be promoted.

1.1.5.4 Development that is compatible with the rural landscape and can be

sustained by rural service levels should be promoted.

1.1.5.5 Development shall be appropriate to the infrastructure which is planned or

available, and avoid the need for the unjustified and/or uneconomical

expansion of this infrastructure.

1.6.6 Sewage, Water and Stormwater

1.6.6.4 Where municipal sewage services and municipal water services or private

communal sewage services and private communal water services are not

provided, individual on-site sewage services and individual on-site water

services may be used provided that site conditions are suitable for the long-

term provision of such services with no negative impacts…

1.6.6.7 Planning for stormwater management shall:

a) minimize, or, where possible, prevent increases in contaminant loads;

b) minimize changes in water balance and erosion;

c) not increase risks to human health and safety and property damage;

d) maximize the extent and function of vegetative and pervious surfaces; and,

e) promote stormwater management best practices, including stormwater

attenuation and re-use, and low impact development.

1.7 Long-Term Economic Prosperity

1.7.1 Long-term economic prosperity should be supported by:

a) promoting opportunities for economic development and community

investment-readiness;

2.1 Natural Heritage

2.1.1 Natural features and areas shall be protected for the long term.

2.1.2 The diversity and connectivity of natural features in an area, and the long-term

ecological function and biodiversity of natural heritage systems, should be

maintained, restored or, where possible, improved, recognizing linkages

between and among natural heritage features and areas, surface water

features and ground water features.

2.1.3 Natural heritage systems shall be identified in Ecoregions 6E & 7E1, recognizing

that natural heritage systems will vary in size and form in settlement areas, rural

areas, and prime agricultural areas.

2.1.4 Development and site alteration shall not be permitted in:

a) significant wetlands in Ecoregions 5E, 6E and 7E1

2.1.5 Development and site alteration shall not be permitted in:

a) significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E1;

unless it has been demonstrated that there will be no negative impacts on the

AGENDA ITEM #b)





natural features or their ecological functions.

2.1.6 Development and site alteration shall not be permitted in fish habitat except in

accordance with provincial and federal requirements.

2.1.7 Development and site alteration shall not be permitted in habitat of

endangered species and threatened species, except in accordance with

provincial and federal requirements.

2.1.8 Development and site alteration shall not be permitted on adjacent lands to

the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and

2.1.6 unless the ecological function of the adjacent lands has been evaluated

and it has been demonstrated that there will be no negative impacts on the

natural features or on their ecological functions.

3.1 Natural Hazards

3.1.1 Development shall generally be directed to areas outside of:

b) hazardous lands adjacent to river, stream and small inland lake systems which

are impacted by flooding hazards and/or erosion hazards.

3.1.2 Development and site alteration shall not be permitted within:

c) areas that would be rendered inaccessible to people and vehicles during

times of flooding hazards, erosion hazards and/or dynamic beach hazards,

unless it has been demonstrated that the site has safe access appropriate for

the nature of the development and the natural hazard; and,

d) a floodway regardless of whether the area of inundation contains high points

of land not subject to flooding.

4.2 Municipal

4.2.1 County of Peterborough Official Plan (Consolidated to 2017)

The County of Peterborough Official Plan (COP) sets the land use and planning

framework for local Official Plans and decision making. The COP outlines a long term

vision for Peterborough’s physical form and community character. The COP describes

the Subject Site as a Rural and Cultural Landscape.

4.3 Rural and Cultural Landscape

The rural and cultural landscape represents all land areas outside of an identified

settlement area that are not:

shoreland areas as described in Section 4.4;

significant natural heritage features or other natural resources listed in Section

4.1;

utilized for transportation purposes, physical services and utilities; and,

used for recreation and open space purposes.

4.3.2 - Objectives

AGENDA ITEM #b)





to permit an amount and type of development in the rural area consistent

with maintaining its rural and cultural landscape;

to reinforce the historical relationship between settlement areas and the

surrounding farm community to which the settlement areas provide basic

services;

to preserve prime agricultural soils and protect farms, where possible, from

activities and land uses which would limit productivity or efficiency;

to encourage compatible economic diversification including greater flexibility

for on-farm activities, home-based businesses and agri-tourism;

4.6.3.2 - Industrial and Commercial Sector

The County recognizes the contributions of the commercial and industrial sectors to

the County economy and will encourage local municipalities to protect existing

commercial and industrial areas and encourage the provision of new, high quality

development through local official plans and their use of Business Park and

Employment Area designations and zoning;

4.1.3.4 - Natural Heritage Features

The diversity of natural features in an area, and the natural connections

between them, and the long-term ecological function and biodiversity of

natural heritage systems should be maintained, restored or, where possible,

improved, recognizing the linkages between and among natural heritage

features and areas, surface water features, and ground water features.

Local plans will designate on map schedules either in separate categories or

as part of an environmental constraint, or similar, designation, significant

natural heritage features when information becomes available through the

County and/or the Ministry of Natural Resources;

Local plans will prohibit development and site alterations within the following

types of significant natural heritage features:

significant wetlands; and,

significant portions of the habitat of endangered and threatened species.

Local plans may permit development and site alteration in:

o significant woodlands south and east of the Canadian Shield;

o significant valleylands south and east of the Canadian Shield;

o significant wildlife habitat; and;

o significant areas of natural and scientific interest.

Development and site alteration will not be permitted in fish habitat except in

accordance with provincial and federal requirements.

Development and site alteration shall not be permitted on adjacent lands to

the natural heritage features and areas listed above unless the ecological

function of the adjacent lands has been evaluated in accordance with an

environmental impact assessment as described in Section 4.1.3.1 and it has

been determined that there will be no new negative impacts on the natural

features or on their ecological functions.

AGENDA ITEM #b)





4.2.2 Township of Otonabee-South Monaghan Official Plan (2015)

The Subject Property is designated as “Rural” in the Township of Otonabee-South

Monaghan Official Plan (OSM OP), refer to Figure 5. Relevant policies from the OSM OP

are as follows.

2.3.2 Township Objectives for Land Use Planning

(a) Environment

To encourage the preservation and conservation of the natural environment

of the Township by establishing land use policies which promote the

preservation or enhancement of the quality of the natural environment

including land, air and water. Council shall have regard to this objective in the

implementation and interpretation of all other objectives and policies of the

Township.

(b) Natural Resources

To encourage and provide for the optimum use and management of the

natural resources of the Township based on sound economic, social and

environmental policies and guidelines.

(d) Economic Development

To create a planning and community development environment that

promotes the retention, expansion and diversification of the economic base

of the Township in a manner consistent with the fiscal resources of the

Township, and which encourages investment and a broad range of

employment opportunities.

To promote the designation and development of central nodes of

Employment Lands as a focus for new and expanding industrial and

commercial land uses.

To promote the local food industry.

3.2.7 Individual Private Systems

Almost all existing development in the Municipality is serviced by individual private

water supply and sewage disposal systems, and it is anticipated that most new

development will be so serviced except in those situations and subject to those

conditions noted herein where other types of systems are to be permitted.

When development of any type will use an individual private water supply or sewage

disposal system, this Plan requires compliance with the following policies and Section

3.2.2 before such development shall be permitted:

(a) Lot Sizes

Each lot shall have sufficient area to comply with the requirements of the

Peterborough County-City Health Unit for the soil, drainage and other

pertinent conditions of the site, for the type of services proposed, and for the

type of development to be serviced;

AGENDA ITEM #b)





(b) Water Supply Systems

Each proposed water source and supply system shall meet the quality and

quantity requirements of the Ministry of the Environment. If an authority having

jurisdiction determines that operation of a proposed water supply system will

impair the water supply to existing development in the vicinity, an assessment

of local ground water conditions by a qualified hydrogeologist or other

qualified professional shall be required before approval will be given to the

proposed system.

(c) Sewage Disposal Systems

If an authority having jurisdiction determines that a site appears to have

unsuitable soil, drainage or other conditions which could adversely affect the

operation of a proposed sewage disposal system, soil and similar tests by a

professional engineer or other qualified professional shall be required before

approval will be given to the proposed system.

4.1.2 Consent to a Land Severance

Where a plan of subdivision is not necessary for the proper and orderly development

of the subject and surrounding lands, land division through the consent process may

be considered.

4.1.3 Number of New Lots and Determination of Land Holding

For all designations other than the Hamlet, Commercial and Employment Areas

designations, a holding is a parcel of land recorded as a separate parcel in the Land

Registry Office as of January 1, 1998.

The maximum number of new lots created by consent per land holding in all

designations shall be as follows:

(c) In the Rural designation: two (2) new lots and one (1) retained parcel;

4.2 Guidelines for Land Severance Approvals

It shall be a policy of this Plan that the Municipality shall only recommend for

approval applications for a consent to a severance that conform to this Plan and

particularly the policies set out below. When considering an application for a

consent to a severance, the Consent Granting Authority shall be guided by the

following policies.

4.2.1 General Criteria

(a) Severances which create new lots may only be considered when both the

newly created lot and the retained lot front on an assumed public road which

is currently maintained on a year-round basis.

(c) The parcel of land to be created by severance and the proposed use shall

conform to all applicable provisions of the Zoning By-law save that the

consent to sever may be granted on the condition that a zoning by-law

amendment be approved or that the condition may be varied by the

Township’s Committee of Adjustment, where such action is warranted.

AGENDA ITEM #b)





(f) An application for a severance shall have the effect of creating only one (1)

new lot in addition to the retained lot. If more than one (1) new lot is created,

an additional application shall be required. The maximum number of new lots

created shall be in accordance with Section 4.1.3.

(i) An application for a severance shall not be granted where the proposed

consent would contravene the Minimum Distance Separation formula

requirements, subject to the policies of this Plan.

(j) An application for a severance in environmental sensitive areas such as lands

subject to flooding, erosion, steep slope, wetlands, other significant wildlife or

biological settings or other hazardous or sensitive conditions shall not be

granted unless sufficient lands are available outside the sensitive area to

accommodate the development and associated services. In considering

severance applications in these areas, the Otonabee Region Conservation

Authority should be consulted. An application for a severance in

environmental sensitive areas shall be subject to the policies contained in

Sections 3.7 and 5.11.

(m) An application for a severance shall comply with the relevant provisions of

Section 3.0, General Development Policies, of this Plan.

(o) Direct access from Provincial Highways and County Roads will be

discouraged. Access to new lots shall be reviewed by the Municipality and

the Consent Granting Authority as appropriate to ensure compliance with

applicable entrance by-laws or regulations.

(p) An application for a severance should not be approved where access might

create a traffic hazard because of limited sight lines on curves or grades.

Attention should be given to the function of the road in the Transportation

policies of Section 7.0 of this Plan.

(q) The size and shape of any parcel of land created by severance (including the

retained parcel) should be appropriate for the proposed use and the services

available.

(s) An application for a severance to create a new lot should only be considered

when it has been determined by the local Health Unit or appropriate agency

that soil and drainage conditions are suitable to permit the proper siting of

buildings to obtain sufficient potable water and to permit the installation of an

adequate means of sewage disposal for both the severed and retained

parcels.

(u) Residential lot severances may be permitted in the Rural designation, subject

to the policies of Section 4.2.3.

4.2.3 Special Severance Policies for the Rural Designation

The following special policies shall apply to applications for severance in the Rural

designation:

(a) General

The fragmentation of land holdings within the Rural designation shall be

generally discouraged. A consent to a land severance may be granted by

the Consent Granting Authority for lands in the Rural designation in

AGENDA ITEM #b)





accordance with the following criteria, subject to compliance with all relevant

provisions of Section 4.2.1.

(b) Timing of Severances

A minimum period of five (5) years shall elapse between the granting of

severances for residential lots from a holding in the Rural designation (as

defined in Section 4.1.3). This minimum time period begins on the date of the

first severance being recorded as a separate parcel in the Land Registry

Office.

(c) More Than One Land Use Designation on a Property

In circumstances where there is more than one land use designation on a

property, for example Rural and Shoreline, or Rural and Hamlet, Section 4.2.3

shall only apply to the portion of the lot that is designated Rural. The

severance policies for the other designations will be applied independently of

the Rural severance policies, subject to the limitation on total severances per

holding as set out in Section 4.1.3 of this Plan, as it applies to each designation

on the subject lands.

(d) Preferred Locations for Residential Lots Created by Consent

An application for consent for a residential lot will be encouraged to locate:

(i) as infilling;

(ii) adjacent to an existing developed lot(s), or vacant lot created for a

residential purpose;

(iii) adjacent to an existing lot line/boundary;

(iv) on lands which are not low-lying nor exhibit poor drainage conditions;

and,

(v) on lands which are unsuitable for agricultural production.

(e) Residential Lot Sizes

A lot created by severance for residential purposes should generally not

exceed 4,000 square metres in area except where site conditions require a

larger lot size:

(i) to satisfy requirements of the Health Unit or the Ministry of the

Environment; or

(ii) to accommodate physical features of the site; or

(iii) to avoid the creation of an irregularly-shaped lot.

5.1.2 Urban Fringe Area

Two areas of the Township that are adjacent to the City of Peterborough are

included within the “Urban Fringe Area” on Schedule “A” of this Plan, and are

subject to the provisions of Section 5.1.2. Both of these areas are located in the

Otonabee Ward and generally include:

(b) The lands north of Highway No. 7 and west of Burnham Line (excluding

Mark S. Burnham Provincial Park), in the vicinity of the Hamlet of Donwood,

comprising Lots 28 to 32 in Concession 11, and adjacent road allowances

within the Township.

AGENDA ITEM #b)





For lands within the Urban Fringe Area as described above and shown on

Schedule “A” of this Plan, all of the land use designations on Schedule “A”

and the corresponding policies of the land use designations, and all other

applicable policies of the Official Plan, shall apply to land use and

development. Any application for land use development within the Urban

Fringe Area will be circulated to the City of Peterborough for review and

comments. The Township Council and any planning approval authority will

have regard to comments from the City of Peterborough.

AGENDA ITEM #b)


Figure 5

Official PlanDesignation NAD83 UTM Zone 17 North



Drawn by:

Checked by:

Project No.

Map File No.

Map Date

Scale

Legend

0 50 10025

Meters

¥

Land Use

Hamlet

Rural

Environmental Protection

Urban Fringe

Land Use

Hamlet

Rural

Subject Property

Parcel Fabric

Division

Road

Burnham Line

Daleview Road

County Road

4

SubjectProperty

DK

Feb 2020

7294

Otonabee- South MonaghanOfficial Plan

Douro-DummerOfficial Plan

AK

'Douro Dummer'


'Donwood'

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4.2.3 Township of Otonabee-South Monaghan Comprehensive Zoning By-law

The Subject Property is currently zoned Rural Exception Thirteen (RU-13) and

Environmental Protection (EP) in Zoning By-law No. 2010-65. Refer to Figure 6. The

location of the proposed severed lands subject to this amendment are located outside

of the EP zone. The site specific RU-13 zone implemented a reduction in the required lot

area from the minimum requirements in the Rural (RU) zone. As a further reduction in the

lot area is proposed as a result of the severance, a rezoning of the retained (rural lands)

will be required.

AGENDA ITEM #b)


Figure 6

ZoningNAD83 UTM Zone 17 North



Drawn by:

Checked by:

Project No.

Map File No.

Map Date

Scale

Legend

RU-38

RU-13

RR

RU

EP

I

OS

S.D. 74

R

0 60 12030

Meters

Subject Property

Parcel Fabric

Road

Zoning

Permanent Watercourse

Otonabee-South MonaghanZoningRR- Rural ResidentialRU- RuralEP- Environmental Protection

AK

DK

Feb 2020

7294

RU-13

RR

RU

R

R

RR

RU

¥Divis

ion Roa

d

Burnham Line

Daleview Road

EP

RU-13

RU-13

Douro-DummerZoningR- ResidentialRU- RuralI- InstitutionalOS- Open SpaceS.D- Special Development

'Douro Dummer'


'Donwood'

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5.0 Planning Rationale

The proposed amendment is consistent with the aforementioned applicable provincial

and municipal policies as outlined in Section 4. The amendment will re-establish the

opportunity for the second and final severance on the Subject Property in accordance

with the applicable severance and Rural designation policies. Based on extensive

background review of the decision under file B11/06A there appears to be no

justification regarding the decision to retain the rural residential property other than

preference by the applicant. This decision inadvertently impacted the future severance

potential of the Subject Property and does not maintain the intent of the OSM OP to

permit two (2) severances in the Rural designation subject to applicable severance

policies.

The proposed severed lands will continue to be serviced by the existing well and septic

system. The septic system is located on the northwest corner of the proposed severed

lands and west of the dwelling. The septic system encroaches into the 30 metre wetland

buffer and as a result, the proposed lot lines for the severed parcel also encroach into

the 30 metre buffer. As per Section 4.2.1 (q) of the OSM OP, lots must be of adequate

size to support development including all servicing and therefore, the proposed lot must

encompass the septic system. Through consultation with ORCA, the proposed lot line

configuration has been established to ensure minimal encroachment into the wetland

buffer and no further development is proposed within this area. The intent is to only

capture the existing septic system including sufficient area around the septic system for

maintenance purposes. As the impact within the buffer area has already been

established and no other development is proposed, save and except the property lines,

it is anticipated that no further impact will occur to wetland feature and function.

Additionally, through the SOR and the EIS, it is demonstrated that the proposed retained

lands can be adequately serviced and will respect the adjacent wetland and 30 metre

buffer area. Site access is already available via an existing entrance.

6.0 Proposed Official Plan Amendment

The following is the proposed Official Plan Amendment for the Subject Property. Refer to

Figure 7.

Official Plan Amendment

Special Policy Area – Lot 32, Concession 11 in the Otonabee Ward

Notwithstanding the policies of Section 4.1.3 to the contrary, lands located on Lot 32,

Concession 11 in the Otonabee Ward, and identified on Schedule “A”, shall be

amended to revise the established date of a land holding from January 1, 1998 to

December, 2009 and recorded as a separate parcel in the Land Registry office in

order to facilitate a second severance on the property as permitted under the Rural

designation.

No further severances will be permitted on the lands subject to the severance after

the date in which the severed lands have been registered at the Land Registry

Office.

AGENDA ITEM #b)


Figure 7

Official PlanAmendment NAD83 UTM Zone 17 North



Drawn by:

Checked by:

Project No.

Map File No.

Map Date

AK

DK

7294

Feb 2020

Scale

Legend

15.8 m

19.9 m

23.6 m

29.2 m

33.5 m

54.6 m

61.0 m

72.8 m

81.9 m

Subject Property Boundary

Official Plan Amendment (O.P.A # xx)

Building Footprint

Pond

Permanent Watercourse 0 30 6015Meters

¥

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7.0 Closing

This report has been prepared in support of an Official Plan Amendment to permit a

second severance on the Subject Property in accordance with the applicable

severance and Rural designation policies of the OSM OP. This report provides an analysis

of the applicable provincial and local policy documents in the context of the official

plan amendment. It is my opinion that the proposed amendment is appropriate and will

rectify the inadvertent removal of the permitted second severance on the Subject

Property as a result of the previous consent to sever application under file B11/06A.

Based on the background information, the features on site and the forgoing review of

the relevant policies, it is my opinion that the proposed official plan amendment is

consistent with and conforms to provincial and municipal policies and constitutes as

good planning.

Respectfully Submitted,

Diana Keay, MCIP, RPP

Senior Planner

DK/HD

AGENDA ITEM #b)


Appendix A

Photographic Log

AGENDA ITEM #b)


Burnham Line (Fontyn Property) Photographic Log

Page 1 of 5

D.M. Wills Associates Limited 150 Jameson Drive, Peterborough, Ontario, Canada K9J 0B9

P. 705.742.2297 F. 705.748.9944 E. [email protected]

Entrance to 2638 Burnham Line – Main Residence

North from Burnham Line

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Page 2 of 5



Main residence looking south Workshop looking north from main residence

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Page 3 of 5



South-west corner of 2638 Burnham Line (Burnham Line and Old Norwood Road)

Second property entrance from Burnham Line

(workshop and storage buildings)

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Page 4 of 5



Main residence and workshop looking south-west

Storage buildings looking north-east towards Burnham Line

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Travelling west on Division Road

Travelling east on Division Road

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DIVISION ROADBURNHAM

LINETOWNSHIP OF DOURO-DUMMER


Subject Property:2638 Burnham LinePt. Lot 32, Concession 11Township of Otonabee-South-MonaghanOtonabee WardCounty of Peterborough

Township of Otonabee-South MonaghanSCALE: 1:3,000

Schedule "A" to Official Plan Amendment No. 7Passed this 14th day of December, 2020

Mayor - Joe Taylor

Clerk - Heather Scott


Peterborough ON K9J 3H3Tel: 705-876-8340 Fax: 705-742-8343

311 George St. N., Suite 200

www.ecovueconsulting.com

= Lands to be redesignated from the "Rural" designation to the "Rural Special Policy Area - Section 5.9.15" designation.

= Lands to remain in the "Rural" designation.

AGENDA ITEM #b)


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