DP-2012-055 - Town of Caledon

REPORT DP-2012-055
To:
From:
Mayor and Members of Council
Development Approval & Planning Policy Department
Meeting: 2012-06-26
Subject:
Proposed Town Initiated Rezoning Application
Part Lot 26, Concession 5 (Albion)
North Side of Patterson Sideroad, East of Humber Station Road
Ward 4
Applicant: Town of Caledon (on behalf of the Property Owners)
File No.: RZ 12-07
RECOMMENDATIONS
That Report DP-2012-055 regarding Proposed Town Initiated Rezoning Application, Part
Lot 26, Concession 5 (Albion), North Side of Patterson Sideroad, East of Humber Station
Road, Ward 4, Applicant: Town of Caledon (on behalf of the Property Owners), File No.:
RZ 12-07, be received; and,
That Council enact a By-law to rezone the subject lands from Hazard Land (HL) to
Environmental Policy Area 2 (EPA2) once confirmation is received from the Corporate
Services Department that the outstanding tax arrears have been paid; and,
That Council has determined that no further notice is to be given as per Section 34(17)
of the Planning Act; and,
That Council direct staff to advise the Minister of Municipal Affairs and Housing to modify
the Oak Ridges Moraine Conservation Plan Conformity By-law 2008-50, enacted by
Council on June 10, 2008 to reflect this proposed zoning by-law.
ORIGIN/BACKGROUND
As per Resolution 2012-064, on February 14, 2012, Council directed Development staff
to initiate and complete a rezoning on behalf of the property owners, on the above-noted
lands to address Toronto and Region Conservation Authority (TRCA) revised Regional
Floodplain mapping.
Town of Caledon Development staff initiated the proposed rezoning application for lands
legally described as Part Lot 26, Concession 5 (Albion) on May 8, 2012. The subject
property is located on the north side of Patterson Sideroad, East of Humber Station
Road. See Schedule “A” – Location Map, attached.
DISCUSSION
In August of 2011, Development staff met with Jeff Strachan and Krista Snedden
(property owners) to discuss rezoning the lot from Hazard Land (HL) to Rural Residential
(RR) in order to legalize the existing residential dwelling and use. At this time staff
recommended that the owners contact the Toronto and Region Conservation Authority
(TRCA) to schedule a site visit to determine the extent of the regional floodplain.
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REPORT DP-2012-055
Following this meeting, TRCA staff indicated that in 1987 the property was located
entirely within the floodplain; however, in the current mapping, the dwelling is located
outside of the floodplain. At this time, TRCA suggested that they would be supportive of
a rezoning to reflect the current floodplain mapping.
In October of 2011, the proposed was discussed at a formal pre-consultation (DART)
meeting. Following this meeting in December of 2011, the owners submitted a rezoning
application with the request to have the fee waived.
In response to Council’s resolution in February, Development staff began discussions
with the Toronto and Region Conservation Authority (TRCA) to discuss the change in
zoning. Through these discussions TRCA staff explained that the existing Hazard Land
zoning was not a result of the floodplain mapping; however, was due to the property’s
location within a larger valley system. For this reason, a rezoning to a Rural Residential
(RR) zone would be incompatible with the surrounding land uses, Official Plan
designation (Environmental Policy Area) as well as Town of Caledon and TRCA policies.
Instead, staff discussed rezoning the subject lands to the equivalent of an Environmental
Policy Area 2 (EPA-2) zone in Zoning By-law 2006-50, as amended. This would permit
residential uses which are not currently permitted in the Hazard Land (HL) zone.
The Oak Ridges Moraine Conservation Plan, the Region of Peel Official Plan, the Town
of Caledon Official Plan and Comprehensive Zoning By-law 87-250, as amended were
reviewed in consideration of this application.
Oak Ridges Moraine Conservation Plan
The subject property is located within the Natural Core Area of the Oak Ridges Moraine
Conservation Plan. The purpose of the Natural Core Area is to maintain and where
possible improve or restore the ecological integrity of the area. This area permits various
uses including agricultural uses, home businesses and industries, bed and breakfast
establishments and low-intensity recreational uses. The uses proposed in the zoning bylaw
reflect these permitted uses.
Region of Peel Official Plan
The subject property is designated Rural System – Area with Special Policy (Oak Ridges
Moraine Conservation Plan) on Schedule “D”, Regional Structure in the Region of Peel
Official Plan. The Region of Peel has advised that they have no objection to the approval
of the subject rezoning application.
Town of Caledon Official Plan
The subject property is designated Environmental Policy Area (EPA) on Schedule “A”,
Town of Caledon Land Use Plan, and Natural Core Area on Schedule “P”, Town of
Caledon Oak Ridges Moraine Conservation Plan Land Use Designations in the Town of
Caledon Official Plan.
The Natural Core Area policies of the Official Plan permits all uses which are permitted
in the underlying land use designation. The EPA designation permits, among others,
legally existing residential and agricultural uses and a building permit on a vacant
existing lot of record. Furthermore, the TRCA, as the technical advisors of environmental
matters for the Town, has indicated that they have no concerns with the proposed
rezoning. The proposed zoning is reflective of the uses permitted in this designation.
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REPORT DP-2012-055
Comprehensive Zoning By-law 87-250, as amended
Staff is proposing to rezone the property to Environmental Policy Area 2 (EPA2), as
currently contained in Comprehensive Zoning By-law 2006-50, as amended. This zone
in Zoning By-law 2006-50, as amended is in effect for those lands outside of the Oak
Ridges Moraine Conservation Plan. The standards, uses, definitions, general provisions
and parking standards of Comprehensive Zoning By-law 2006-50, as amended, will also
apply to this property. This zone will permit residential uses which are not currently
permitted on the property.
The Oak Ridges Moraine Conformity By-law (2008-50) has been approved by Council
and once it has received approval from the Minister of Municipal Affairs and Housing it
will be incorporated into Comprehensive Zoning By-law 2006-50, as amended and the
zone designations will be adjusted accordingly to be consistent with the formatting of Bylaw
2006-50. The permitted uses and standards within the zones will remain unchanged.
FINANCIAL IMPLICATIONS
This property is currently assessed as residential ($370,000 MVA). The Town’s share of
taxes levied, based on the market value assessment is approximately $1,333. As at
May 29, 2012, the property tax account is in arrears. Finance recommends that this
application proceeds once the tax account is current.
The purpose of the application is to rezone the subject lands to permit the existing
detached dwelling. For property tax purposes, the property is currently classed as
residential and assessment changes, if any, will be determined by the Municipal
Property Assessment Corporation.
This rezoning application does not propose any development for which development
charges would be payable, however should development occur it would be subject to
Town of Caledon development charges as per By-law No. 2009-090, as amended. Any
development would also be subject to Region of Peel development charges and
Education development charges as per the respective development charge by-laws. All
development charges are payable prior to issuance of a building permit.
LEGAL IMPLICATIONS
Zoning By-law
Section 34 of the Planning Act and the Ontario Regulation 545/06 sets out the
requirements to be followed with respect to zoning by-laws.
Prior to the enactment of the zoning by-law amendment, Council shall ensure that a
public meeting has been held. Notice of the public meeting is placed in the local
newspaper and given to every owner of land within 120 metres of the subject property
and by posting a notice on the subject property. These requirements have been met in
this case.
If Council approves the application to amend the zoning by-law, the Town shall, within
15 days of Council’s enactment of the zoning by-law amendment, provide notice of the
rezoning to every owner of land within 120 metres of the subject property. The applicant
or anyone who made submissions at the public meeting or to Council may appeal the
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REPORT DP-2012-055
Council’s enactment of the by-law to the Ontario Municipal Board, no later than 20 days
after the day the notice is given.
Notice
The Notice circulated for the Public Meeting indicated that the proposed zoning was
Hazard Land Special X (HL-X) in order to permit residential uses on the subject
property. Since that time, staff has determined that the Environmental Policy Area 2
(EPA2) zone would be more appropriate. The purpose and effect of the By-law remains
unchanged and therefore Planning staff are of the opinion that proper notice has been
provided in accordance with the Planning Act.
Section 34 (17) of the Planning Act states that where a change is made in a proposed by
-law after the holding of the public meeting, the Council shall determine whether any
further notice is to be given in respect of the proposed by-law. The determination of
Council is final and not subject to review in any court irrespective of the extent of the
change made in the proposed by-law. It is staff’s opinion that the intent of the Notice and
the proposed zoning by-law are appropriate and a further public meeting is not required.
NEXT STEPS
1. Corporate Services staff will notify Development Approval and Planning Policy
staff that the outstanding tax arrears have been paid.
2. Development Approval and Planning Policy staff will bring the by-law forward to
the next available Council date.
3. Administration staff will provide Notice of Council’s decision in accordance with
the requirements in the Planning Act.
4. Administration staff will monitor for any appeals that may be received during the
following twenty day appeal period.
5. Administration staff will issue an affidavit, provided no appeals have been
received.
COMMUNITY BASED STRATEGIC PLAN
Strategic Objective 1A: Partner with Land Owners to Protect Natural Resources and
Agriculture.
POLICIES/LEGISLATION
The Planning Act
Oak Ridges Moraine Conservation Plan Act
Region of Peel Official Plan
Town of Caledon Official Plan
Comprehensive Zoning By-law 87-250, as amended
CONSULTATIONS
The subject application was circulated to external agencies and internal departments
and there were no concerns with the approval of the proposed zoning by-law
amendment. See Schedule “B” attached.
A statutory public meeting in accordance with the requirements of the Planning Act was
held on Wednesday May 30, 2012. Property owners within 120 metres of the subject
lands were advised of the Public Meeting by direct mail as required under the Planning
Act and an advertisement was placed in the Caledon Enterprise on May 10, 2012.
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REPORT DP-2012-055
The following question was asked at the Public Meeting:
1. Q: How did the application come to be and was it missed in the Oak Ridges Moraine
Conformity exercise?
A: The house was constructed prior to Zoning By-law 87-250 which introduced the
Hazard Land (HL) zone. Oak Ridges Moraine By-law 2008-50 proposed an
Environmental Policy Area 2 (EPA2) zone which permits the residential use.
The following comment was raised at the Public Meeting:
1. Since the lot has a Rural Residential use perhaps a Rural Residential Special zone
would be more appropriate. In the future, changes should be made to the Zoning By
-law to clean up the zoning of the Rural Residential lots which are currently zoned
Agricultural (A1).
ATTACHMENTS
Schedule “A” – Location Map
Schedule “B” – Comment Sheet
CONCLUSION
The Development Approval and Planning Policy Department has reviewed the proposed
Town initiated Zoning By-law Amendment in conjunction with external agencies and
internal departments and is of the opinion that the proposed Town initiated Zoning Bylaw
Amendment application is consistent with provincial, regional and local policy
documents. As such, planning staff recommends the proposed Town initiated Zoning Bylaw
Amendment be approved.
Prepared by: Stephanie McVittie
Approver (L1): Casey Blakely
Approver (L2): Mary Hall
Approver (L3): Douglas Barnes
Approver (L4):
Approver (L5):
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Schedule 'A' to Development Approval & Planning Policy Report DP-2012-055
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Subject
Property
Zoning By-law Amendment
LOCATION MAP
RZ 12-07
Town of Caledon on behalf of the Property Owners
8256 Patterson Sideroad
Part Lot 26, Concession 5 (Albion)
Date: June 7, 2012
File No.: RZ 12-07

Schedule “B” to Development Approval & Planning Policy Report DP-2012-055
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COUNCIL MEETING
COMMENT SHEET
Proposed Zoning By-law Amendment
Town of Caledon on behalf of Jeff Strachan
Part of Lot 26, Concession 5 (Albion)
File Number: RZ 12-07
Council Date: June 26, 2012
PIM Date: May 30, 2012
Updated: June 13, 2012
Planner: Stephanie McVittie
Ext. 4253
The following comments were received regarding the above-noted file:
TOWN OF CALEDON – DEPARTMENT COMMENTS
Building and Support Services Section, Building – May 10, 2012
Comments:
Building and Support services has no objection to the Rezoning Application. The
applicant should be aware that Building Permits will be required for any proposed
additions, at which time the existing septic system will have to be evaluated by a
qualified designer to ensure its adequacy to support any additional loads generated
from the proposed additions.
Design and Engineering Team, Landscape – May 10, 2012
Comments:
No concerns.
Town of Caledon, Planning Law Office – May 17, 2012
Comments:
A search of the title to the lands has been completed and the submitted application
has been reviewed.
Legal Description:
PIN: 14342-0125 – Part Lot 26, Concession 5 (Albion) in the Town of Caledon, in the
Regional Municipality of Peel
Name of Owner:
STRACHAN, Jeffery Robert
SNEDDEN, Krista Joan
Easements: N/A
Other Issues: N/A
Town of Caledon, Design and Engineering Team, Engineering – May 22, 2012
Comments:
As this property is within the TRCA’s jurisdiction, we defer comments on grading to
them. No new access is proposed, therefore we have no engineering concerns.
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Schedule “B” to Development Approval & Planning Policy Report DP-2012-055
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Town of Caledon, Consultation and Zoning Team, Zoning – May 25, 2012
Comments:
The property is currently zoned HL by By-law 87-250, as amended. The applicant is
proposing to rezone to a HL exception to permit residential uses.
The drawing submitted is not to scale and illegible in places. Review is based solely
on the limited printed information available. A full zoning review has not been
completed.
Further review is required to determine if any site specific zone standards (i.e.
setbacks) are required to be implemented through this by-law.
Uses not associated with the residential use should be removed.
Town of Caledon, Fire and Emergency Services Department – May 25, 2012
Comments:
No concerns.
Town of Caledon, Corporate Services Department, Treasury – May 29, 2012
Comments:
This property is currently assessed as residential ($370,000 MVA). The Town’s share
of taxes levied, based on the market value assessment is approximately $1,333.
The purpose of the application is to rezone the subject lands to permit the existing
detached dwelling. The property is currently classed as residential which would not
change based on this application.
This rezoning application does not propose any development for which development
charges would be payable, however should development occur it would be subject to
Town of Caledon development charges as per By-law No. 2009-090, as amended.
Any development would also be subject to Region of Peel development charges and
Education development charges as per the respective development charge by-laws.
All development charges are payable prior to issuance of a building permit
Town of Caledon, Policy and Sustainability Section, Heritage – May 29, 2012
Comments:
No concerns.
Town of Caledon, Design and Engineering Team, Urban Design – May 30, 2012
Comments:
Given the application is for an existing detached residential building and there are no
proposed changes to the elevations, there are no urban design concerns at this time.
EXTERNAL AGENCY COMMENTS
Peel District School Board – May 14, 2012
Comments:
No comments. The Board wishes to be notified of the decision of Council with respect
to this application.
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Schedule “B” to Development Approval & Planning Policy Report DP-2012-055
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Dufferin-Peel Catholic District School Board – May 25, 2012
Comments:
No objection.
Region of Peel – May 28, 2012
Comments:
No concerns.
Toronto and Region Conservation Authority – May 28, 2012
Comments:
Background
TRCA staff is in receipt of a Notice of Motion dated February 14, 2012 from Town of
Caledon Council. We understand that Town of Caledon staff has been directed by
Council to initiate a rezoning application for the subject property to remove the Hazard
Land (HL) zone on the westerly portion of the lot as per TRCA’s updated floodplain
mapping.
Planning and Development
The entire property is located within a major Humber River valley corridor system,
which provides an important downstream connection to Albion Hills Conservation
Area and upstream to the headwaters of the Humber River Watershed.
Additionally, the subject property is located on the Oak Ridges Moraine (ORM) and is
subject to the Oak Ridges Moraine Conservation Plan (ORMCP). As illustrated on the
ORMCP Land Use Designation Map, the subject property appears to be located
within the Natural Core Area land use designation. The TRCA has an interest in
conserving, protecting and enhancing natural features and functions within the ORM.
As prescribed in Section 22(1) and Section 26(1) of the ORMCP, it appears the site
contains and/or is located in the nearby vicinity of a number of Key Natural Heritage
features (KNHFs) and Hydrologically Sensitive Features (HSFs). Specifically, the
entire property is located within a valley corridor of the Humber River Watershed.
Please note this valley corridor is also host to the Regionally Significant Albion Hills
Forest Life Science Area of Natural and Scientific Interest (ANSI), the Caledon Hills
Complex Environmentally Significant Area (ESA) and a tributary of the Humber River.
In accordance with the Region of Peel Official Plan, it is our understanding that
ANSI’s, ESA’s and significant valley lands are designated Core Areas of the
Greenlands System in the Region of Peel Official Plan. The Core Areas of the
Greenlands System contain natural heritage features, forms, areas and their
functions, which provide favourable conditions for healthy ecosystems and abundant
biodiversity. Based on our review of Schedule A of the Region of Peel Official Plan, it
appears the above noted natural features have been mapped as part of the Core
Areas as designated by the Greenlands System.
Recognizing all ANSI’s and ESA’s, as well as the Region’s Core Areas make up the
Town’s Natural Core Areas and all valley and stream corridors and all KNHFs/HSFs
are identified as Natural Corridors and Natural Core Areas within the Town’s
ecosystem framework, we understand the subject property is designated
Environmental Policy Area (EPA) in the Town of Caledon Official Plan.
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Schedule “B” to Development Approval & Planning Policy Report DP-2012-055
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It is our opinion that the subject lands should be zoned to conform to the provisions of
the EPA designation, such as EPA2. While more detailed floodplain mapping has
become available to allow for refinements to the Hazard Land zone, it is our opinion
the floodplain update does not provide supporting rationale to preclude the remainder
of the site from its existing EPA designation. Recognizing the intent of this application
is to match with the EPA2 zoning standards in By-law 2006-50 to permit a house, it is
staff’s opinion that the proposed zoning meets the intent of the EPA designation.
We understand that the applicant wishes to add an addition to the existing residential
dwelling at some point in the future. Based on our review, the EPA2 zone allows for
the continuation of existing residential land uses, and does not restrict additions to the
existing residential dwelling.
Permitting
The entire property is located within a regulated area of the Humber River Watershed.
Given that no development is currently proposed through this application pursuant to
Ontario Regulation 166/06, a TRCA permit is not required at this time. Please be
advised, however, that TRCA staff has an interest in reviewing any future
development proposal and/or planning applications affecting the subject lands. All
future development on the subject property must be in keeping with TRCA’s
Regulation and VSCMP policies.
Recommendation
On this basis, TRCA staff has no objection to the above noted application as currently
submitted.
Fees
By copy of this letter, please be advised that the TRCA has implemented a fee
schedule for our planning and development review services. This application is
subject to a $1,090.00 Zoning By-law Amendment application review fee.
Ontario Provincial Police – May 29, 2012
Comments:
No concerns.
Hydro One Networks – May 31, 2012
Comments:
No concerns.
Ontario Power Generation – June 1, 2012
Comments:
No concerns.
Canada Post – June 5, 2012
Comments:
No comments or objections.
Enbridge Gas
Comments:
No comments received.
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Schedule “B” to Development Approval & Planning Policy Report DP-2012-055
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Municipal Property Assessment Corp.
Comments:
No comments received.
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