We Manage Change, We Deliver Quality Service, We Communicate, We Make Good Decisions

REPORT TO COUNCIL

To: Warden White and Members of County Council From: Darrell Keenie

Director of Planning, Economic Development and Culture Date: July 11, 2019 Subject: Township of East Garafraxa OPA No. 7

(Marsville United Church) In Support of Strategic Plan Priorities and Objectives: Communication and Connections: 2.2 Fostering two way communication with local and neighbouring municipalities. Good Governance: 3.3 Improving policies, practices and procedures. Purpose The purpose of this report is to provide Council with the full report and recommendation of the County’s planning consultant, WSP, in relation to the Township of East Garafraxa’s Official Plan Amendment No. 7 (Marsville United Church). Background & Discussion A report letter with attachments and recommendation dated June 25, 2019 from the County’s planning consultant, WSP, is attached for the information and review of Council. The Township of East Garafraxa adopted OPA No. 7 on May 28, 2019 and subsequently forwarded the Record of Decision to the County on June 6, 2019 for County review and approval. The purpose of the Official Plan Amendment (OPA) No. 7 to the Township of East Garafraxa Official Plan is to re-designate lands at 063011 County Road 3, of approximately 0.15 hectares (0.37 acres), from “Community Institutional” to “Community Residential” to permit the development of the lands for residential uses.. In accordance with the Planning Act, the County is the approval authority of Official Plan Amendments for the Township of East Garafraxa. The purpose of this Report is to recommend that County Council approve the Township of East Garafraxa Official Plan Amendment (OPA) No. 7, as adopted by the Township.

Township of East Garafraxa OPA No. 7 (Marsville United Church) Page 2 of 2

We Manage Change, We Deliver Quality Service, We Communicate, We Make Good Decisions

Local Municipal Impact County Council’s adoption of the recommendation contained in this report will approve and give effect to the Township of East Garafraxa’a OPA No. 7 (Marsville United Church). Financial, Staffing, Legal, or IT Considerations None at this time. Strategic Direction and County of Dufferin Principles Fulfilling the County’s role in local planning approvals is in line with the corporate strategic directions and principles:

1. We Manage Change – by developing and amending policies and procedures based on changes to legislation and County responsibilities;

2. We Deliver Quality Service – by undertaking a professional and timely review of applications to ensure clarity, transparency and efficiency in the planning processes;

3. We Communicate – by providing information on the professional review of applications to the public, Council and local municipalities;

4. We Make Good Decisions - by engaging professional planning consultants on the review of applications and consulting with local municipalities and partners.

Recommendation THAT the report of the Director of Planning, Economic Development and Culture, dated July 11, 2019, and the letter from WSP, dated June 25, 2019, regarding the Township of East Garafraxa OPA No. 7 be received; AND THAT that County Council approve OPA No. 7, as adopted by the Township of East Garafraxa, in order to re-designate lands at 063011 County Road 3, of approximately 0.15 hectares, from “Community Institutional” to “Community Residential” to permit the development of the lands for residential uses. Respectfully Submitted By: Darrell Keenie Director of Planning, Economic Development and Culture Attachments: WSP Report Letter dated June 25, 2019 (with Attachments).

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June 25, 2019

Project Number: 15M-00152-01

Darrell Keenie

Director, Planning, Economic Development and Culture

County of Dufferin

55 Zina Street

Orangeville, ON L9W 1E5

Subject: RECOMMENDATION REPORT

Township of East Garafraxa OPA No. 7 (Marsville

United Church)

Dear Mr. Keenie:

The purpose of this letter is to provide recommendations to County Council with

respect to the Township of East Garafraxa OPA No. 7 (Marsville United Church).

The Township of East Garafraxa adopted OPA No. 7 on May 28, 2019 and

subsequently forwarded the Record of Decision to the County on June 6, 2019

(Attachment A), for County review and approval.

In accordance with the Planning Act, the County is the approval authority of

Official Plan Amendments for the Township of East Garafraxa. The purpose of this

Report is to recommend that County Council approve the Township of East

Garafraxa Official Plan Amendment (OPA) No. 7, as adopted by the Township

(Attachment B).

The purpose of the Official Plan Amendment (OPA) No. 7 to the Township of East

Garafraxa Official Plan is to re-designate lands at 063011 County Road 3, of

approximately 0.15 hectares, legally described as Lot 4, Plan 103 and Part of Mary

Street, designated as Part 2 on 7R-6549 (herein referred to as the “subject

property”), from “Community Institutional” to “Community Residential” to permit

the development of the lands for residential uses.

The following summarizes the purpose and basis of OPA No. 7, a discussion of the

planning basis and rationale in support of OPA No. 7, a summary of the public

consultations, and a recommendation for County Council to approve OPA No. 7.

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1.0 Purpose and Basis of the Amendment

The purpose of OPA No. 7 to the Township of East Garafraxa Official Plan is to

re-designate the subject property from Community Institutional to Community

Residential. The OPA will facilitate the conversion of an existing church on the

subject property, the Marsville United Church, to a residential dwelling. The

subject property is located within the west end of the Community of Marsville and

is surrounded by residential properties on the north side of County Road 3 and

Agricultural lands on the south side of County Road 3.

The following summarizes the applicable policies of the Provincial Policy

Statement, Dufferin County Official Plan and Town of East Garafraxa Official

Plan regarding the proposed amendment.

1.1 Provincial Policy Statement, 2014

The Provincial Policy Statement, 2014 (PPS) recognizes that the Province’s

settlement areas are urban areas and rural settlement areas that vary significantly in

terms of size, density, population, economic activity, diversity and intensity of land

uses, service levels and types of infrastructure available. Land use patterns within

settlement areas shall be based on:

a. densities and a mix of land uses which:

1. efficiently use land and resources;

2. are appropriate for, and efficiently use,

the infrastructure and public service facilities which are planned or

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

uneconomical expansion;

3. minimize negative impacts to air quality and climate change, and

promote energy efficiency;

4. support active transportation;

5. are transit-supportive, where transit is planned, exists or may be

developed; and

6. are freight-supportive; and

b. a range of uses and opportunities for intensification and redevelopment in

accordance with the criteria in policy 1.1.3.3, where this can be

accommodated.

The proposed amendment for the re-designation of the subject property from

Community Institutional to Community Residential is consistent with the policies

of the PPS as the subject property is located in a settlement area and is adjacent to

residential uses. Therefore, the proposed OPA No. 7 represents good planning.

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1.2 Growth Plan for the Greater Golden Horseshoe

The Growth Plan for the Greater Golden Horseshoe (Growth Plan), approved in

2006, was the first growth plan to provide a framework for implementing

Ontario’s vision for managing growth in the Greater Golden Horseshoe. The latest

Growth Plan came into effect on May 2, 2019 (Growth Plan, 2019). The Growth

Plan, 2019 applies to the Greater Golden Horseshoe (GGH), which includes the

Township of East Garafraxa. The Growth Plan, 2019 applies to all decisions,

matters, proceedings and applications made under the Planning Act. The Growth

Plan, 2019 recognizes that many communities are facing issues of housing

affordability due to sustained population growth and factors such as a lack of

housing supply with record low vacancy rates. Therefore, it is important to

optimize the use of the existing urban land supply as well as the existing building

and housing stock to address issues of housing in the GGH. The Growth Plan,

2019 recognizes and promotes the important role of rural towns and villages as a

focus of economic, cultural and social activities that support surrounding rural and

agricultural areas across the GGH.

Per Section 2.2.1 the Growth Plan, 2019 encourages growth to be directed to

settlement areas that have existing or planned municipal water and wastewater

systems and can support the achievement of complete communities. At the same

time growth will be limited in rural settlement areas.

The proposed OPA No.7 implements policies that provide for limited residential

growth in a rural settlement area and is conforms with the policies of the Growth

Plan, 2019 related to settlement areas.

1.3 Dufferin County Official Plan, 2017

The County of Dufferin is the upper-tier planning authority and is the approval

authority for Official Plan Amendments in the Township of East Garafraxa.

Schedule B and C of the Official Plan designates the subject property as

“Community Settlement Area”.

Community Settlement Areas include small villages and rural hamlets that may

experience limited growth through infilling and development of vacant lands.

These areas are to maintain a rural settlement character and evolve as service and

residential centres for their surrounding Countryside Areas. The range of permitted

uses and associated land use policies will be established in the local municipal

official plans and in accordance with the policies of the County Official Plan.

Given that no new accesses are proposed on County Road 3, the County has no

concerns regarding access.

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Under Appendix 2 (Source Water Protection) the subject property is located within

a Municipal Wellhead Protection Area. Policy 5.4.2(c) states that prior to the

approval of development applications within designated vulnerable areas, the

proponents shall demonstrate to the satisfaction of the County, local municipality,

Conservation Authority and Province, where necessary, that the quality and

quantity of municipal drinking water sources will not be negatively impacted. It is

anticipated that the GRCA will provide further review and comments with respect

to the requirements for Source Water Protection as it relates to the changes

proposed on the subject property.

The proposed OPA No.7 allows for uses appropriate for a Community Settlement

Area and is therefore consistent with the policies of the Dufferin County Official

Plan.

1.4 Township of East Garafraxa Official Plan

The subject property is located within the Community of Marsville and is

designated as Community Institutional in Schedule A-1 of the Township of East

Garafraxa Official Plan. The properties adjacent to the subject property are

designated as Community Residential to the east and west, and Community

Commercial to the south.

One of the key objectives of the Township Official Plan is to provide opportunities

for growth primarily in Marsville, and to ensure new growth in the Township is

distributed to the Community of Marsville, as noted in Section 8.2 of the Township

Official Plan.

The proposed OPA No.7 allows for residential growth in the Township and

therefore conforms with the policies of the Township Official Plan.

2.0 Discussion

The adopted amendment to the Official Plan, as indicated in the Township’s

Record of Decision (Attachment A), will re-designate the subject property from

Community Institutional to Community Residential. The Official Plan Amendment

will facilitate the use of the former Marsville United Church building to a residential

use.

The subject property has been occupied by an existing place of worship for several

years; however, use of this facility has been limited for the last number of years. The

conversion of the building to a residential dwelling will appropriately fit with the

surrounding community context as the property is already within a residential context.

OPA No. 7, as adopted by the Township supports the growth of the Community of

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Marsville by facilitating the creation of new housing in the Township. As Marsville is

designated as a Community Settlement Area in the Dufferin County Official Plan, and

as a Community in the Township’s Official Plan, the OPA achieves both County and

the Township objectives for infill development in an existing residential area.

3.0 Notice and Consultation

Notice of Open House and Public Meeting was circulated by the Township on May

7th, 2019 and the Public Meeting was held on May 28, 2019. The Township of

East Garafraxa adopted OPA No. 7 to re-designate the subject property from

Community Institutional to Community Residential on May 28, 2019. A Notice of

Decision was circulated as part of the OPA No. 7 circulation package.

4.0 Conclusion

Based on the foregoing, it is recommended that County Council approve OPA

No. 7, as adopted by the Township of East Garafraxa, in order to permit the re-

designation of the property at 063011 County Road 3 in a manner that is consistent

with the Planning Act and Provincial Policy Statement, 2014, and conforms to

the Dufferin County Official Plan.

Yours sincerely,

Gregory Bender, MCIP, RPP

Manager, Municipal Planning

Planning, Landscape Architecture, and Urban Design

Attachments:

Attachment A: Township of East Garafraxa OPA 7 – Adoption Package, June 6,

2019, including Adopted OPA No. 7 and Notice of Adoption

Attachment B: County of Dufferin By-law to Approve Township of East Garafraxa

OPA No. 7

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Attachment A Township of East Garafraxa OPA No. 7 – Adoption Package,

June 6, 2019, including Adopted OPA No. 7 and Notice of

Adoption

CORPORATION OF THE

Township of East Garafraxa374028 6,h Line Amaranth, ON LgW 0M6

TEL: (519) 928-5298 or (519) 941-1007 r FAX: (519)941-1802

SASAN M, STONE _ CAO/CLERK-TREASURER

June 6, 2019

County of DufferinPlanning DepartmentAttention: Jenny Li, Planning Coordinator55 Zina StreetOrangeville, ON LgW 1E5

Attention Ms. Li,

RE: By-Law 19-2019 - Adoption of Official Plan Amendment No. 7Township File: OPA1-19Legal Description: Plan 103, Lot 4, and Part of Mary Street,Plan 103 Designated as Part 2 on RP 7R6549, East GarafraxaApplicanUOwner: Paul FramRelated Application: Zoning By-Law Amendment Z3-19

At the regular meeting of Council held on the 28th day of May 2019 By-Law Number 19-2019adopting Official Plan Amendment No. 7 was passed. Attached are copies of the Councilresolutions and By-Law Number 19-2019.

Please advise if you have any questions or require anything further

Regards

Susan M. Stone, AMCTCAO/Clerk-TreasurerCorporation of theTownship of East Garafraxa

sMS/jk

THE CORPORATION OF THETOWNSHIP OF EAST GARAFRAXA

t

MOVED BY: DATE: May 28, 2019

SECONDED BY:

BE IT RESOLVED THAT:

Official Plan Amendment Application OPAI-19, LOT 4, PLAN 103, AND PART OF MARYSTREET, PLAN 103, DESIGNATED AS PART 2 on 7R6549 (063011 County Road 3), (PaulFram - Applicant) to change the current land use designation of the su fromCommunity lnstitutional to Community Residential, be denied/defe

Defeated I carrieu( Head of Council

Recorded Vote

Deputy-Mayor John StirkGouncillor Lenora BanfieldCouncillor Tom NevillsGouncillor Fran PinkneyMayor Guy Gardhouse

Nay Abstain

IIIII

Yea

THE CORPORATION OF THETOWNSHIP OF EAST GARAFRAXA

MOVED BY:

SECONDED BY:

BE IT RESOLVED THAT:

DATE: May 28, 2018

That Leave be given to introduce a by-law to Adopt Official Plan Amendment Number Seven (7)

to re-designate LOT4, PLAN 103, AND PART OF MARY STREET, PLAN 103, DESIGNATEDAS PART 2 on 7R6549 to Community Residential and that it be given the necessary readingsand be passed and numbered I Q - ZOt O.

Defeated I carried{ Head of Council

Recorded Vote

Deputy-Mayor John StirkGouncillor Lenora BanfieldCouncillor Tom NevillsCouncillor Fran PinkneyMayor Guy Gardhouse

Yea Nay Abstain

IItIII

IIInI

nnD

In

THE CORPORATION OF THETOWNSHIP OF EAST GARAFRAXA

OFFICIAL PLANAMENDMENT NO. 7

AMENDMENT NUMBER SEVEN (7)

TO THE TOWNSHIP OF EAST GARAFRAXAOFFICIAL PLAN

INDEX

PARTA.THEPREAMBLE

Purpose of the AmendmentLocationBasis of the Amandment

1.02.03.0

1.02.03.04.0

PARTB.THEAMENDMENT

lntroductionDetails of the Amendmentlmplementationlnterpretation

PART C - APPENDICIES

1.0 Planning Report

THE CONSTITUTIONAL STATEMENT

PART A - THE PREAMBLE does not constitute part of this Amendment.

PART B - THE AMENDMENT consisti ng of the following text and map constitutesAmendment Number Seven (7) to the Official Plan of the Township of East Garafraxa

PART C - THE APPENDICIES does not constitute part of this Amendment. lt containsthe planning report and record of the public involvement

PARTA-THEPREAMBLE

1.0 Purpose

The proposed Amendment is to re-designate lands of approximately 0.15 ha. describedas Lot 4, Plan 103 and Part of Mary Street designated as Part 2 on 7R-6549 from"Community lnstitutional" to "Community Residential" to permit the development of thelands for residential uses as shown on Schedule A attached hereto.

2.0 Location

The Amendment applies to Lot 4, Plan 103, and Part of Mary Street, Plan 103,designated as Part 2 on 7R6549.

3.0 Basis

This Amendment has come about as a result of a site-specific application for an OfficialPlan Amendment by Paul Fram, owner, to re-designate the subject lands that iscurrently designated "Community lnstitutional", to "Community Residential".

The amendment is requested in order to rezone the lands for residential uses andconvert the existing church to a residential dwelling.

Council is satisfied that the proposal conforms to the Provincial Plans and the County ofDufferin Official Plan, and that it is not contrary to the general purposes or intent of theTownship of East Garafraxa Official Plan. Council is satisfied that the commentsreceived as part of the public consultation process have been considered and that noadverse concerns were raised. Council is therefore satisfied that the proposed re-designation and subsequent development and use of this property, as proposed, isappropriate and desirable for the area and the Township generally.

PART B. THE AMENDMENT

1.0 lntroduction

All of this part of the document entitled Part B - The Amendment, which consistsof the following text and Schedule "A", constitute Amendment No. 7 to the OfficialPlan for the Township of East Garafraxa.

2.0 Details of the Amendment

The Official Plan of the Township of East Garafraxa, as amended, is herebyfurther amended as follows:

1. Schedule 'A-f is amended by changing the designation of the lands fromthe "Community lnstitutional" designation to the "Community Residential"designation, as shown on Schedule "A" attached to and forming part of thisAmendment.

3.0 lmolementation

The provisions of the Official Plan regarding the implementation of that Plan shallalso apply to this Amendment.

4.0 lnterpretation

The provisions of the Official Plan, as amended from time to time, regarding theinterpretation of the Plan shall apply with respect to this Amendment.

PARTC-THEAPPENDICIES

1.0 Planning Report

THE CORPORATION OF THE TOWNSHIP OF EAST GARAFRAXA

BY-LAW 11- zo'tg

BEING A BY.LAW OF THE CORPORATION OF THETOWNSHIP OF EAST GARAFRAXA

TO ADOPT AN AMENDMENT TO THE OFFICIAL PLAN.

The Council of the Gorporation of the Township of East Garafraxa, in accordancewith the Planning Act, R.S.O. 1990 as amended, hereby enact as follows:

That Official Plan Amendment Number Seven (7) to the Official Plan of theTownship of East Garafraxa being the attached text and Schedule A is herebyadopted.

That the Clerk is hereby authorized and directed to make application to theCounty of Dufferin for approval of the aforementioned Official Plan AmendmentNumber 7 to the Official Plan of the Township of East Garafraxa.

That this By-law shall come into force and take effect on the date of the finalpassing thereof; subject to receiving the approval of the Corporation of theCounty of Dufferin.

ENACTED AND PASSED THIS 28TH DAY OF MAY, 2019

THE CORPORATION OF THE TOWNSHIP OF EAST GARAFRAXA

CLERK

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2

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SCHEDULE A-1 - MARSVILLE LAND USE AND TRANSPORTATIONOF TOWNSHIP OF EAST GARAFRAXA OFFICIAL PLAN

SCHEDULE 'A' TO OFFICIAL PLAN AMENDMENT NO. 7

CON XIV

LOT 5

CON XIV

LOT 6

CON XIII

LOT 5

AREA TO BE RE-DESIGNATED FROMCOMMUNITY INSTITUTIONALTO COMMUNITY RESIDENTIAL

13TH LINE

COUNTY ROAD 3

VICTORIA B

OULEVARD

GRAND CRESCENT

MAPLE STREET

±

The Townshi of East GarafraxaReport to the Planning Advisory Gommittee

To: Chair Pinkney and Members of the Planning Advisory Gommiftee

From: Christine Gervais, Township Planner

Date: May 14, 2019

ApplicanUOwner:

Subject:

Zoning: lnstitutional

Official PlanDesignation: Gommunity lnstitutional

Paul Fram

Proposed Amendments to the Official Plan & Zoning By-law(To re-designate and rezone the property from lnstitutional toResidential)063011 Gounty Rd. 3Lot 4, Plan 103 and Part of Mary Street designated asPart2 on 7R-6549Files: OPAI-19 & 23-19

.1. PURPOSE OF APPLICATION

This application proposes to amend to the Township Official Plan and Zoning By-Law to re-designate and rezone the subject property from institutional to residentialland use.

No change to the policies is requested. However, the existing church to beconverted into a residential dwelling does not conform with the 7.5m minimum frontyard setback of the Township Zoning By-law as the entrance to the building isprojecting 3m (9'-8") within the front yard with a setback of 0m to the front lot line.The site plan provided by the applicant shows that there is a space between thefront fagade of the entrance and the front lot line but according to the constructionplan 44, the posts of the projecting roof of the entrance and the foyer projects 9'-8"(3m) which is the measurement between the main front wall of the building to thefront lot line as shown on the site plan. Therefore, the Committee should alsoconsider a reduction of 0m of the minimum front yard setback as well as theproposed change of use from lnstitutional to Residential.

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2. BACKGROUND

The subject property is known as the Marsville United Church. Mr. Fram acquiredthe property on April 1,2019 with the intention to use it as a single family dwelling.The property is located within the west end of the Community of Marsville and issurrounded by residential properties on the north side of County Rd. 3 andAgricultural lands on the south side of County Rd. 3.

The property was recently increased in size by adding a portion of the un-openedMary St. declared surplus land by the Township. The total area of the property is0.1Sha (0.37ac.) with a lot frontage along County Rd. 3 of 31.69m t104ft.

The existing building is serviced by an existing private well and septic system.

Should the applications be approved, the applicant is proposing to add an attachedgarage and dormers to the roof of the existing building.

3 ANALYSIS AND DISCUSSION

Provincial Pol icy Statemen t 201 4 (PPS)3.1

The Provincial Policy Statement (PPS) 2014 came into etfect on April 30, 2014. ltprovides direction on matters of provincial interest related to land use planning anddevelopment.

Section 1.1.3 - Settlement Areas provides Policies with respect to villages andhamlets. lt states that: "Ihe vitality of settlement areas is critical to the long-termeconomic prosperity of our communities. Developmenf pressures and land usechange will vary across Ontario. lt is in the interest of all communities to use landand resources wisely, to promote efficient development patterns, protect resources,promote green spaces, ensure effective use of infrastructure and public seruicefacilities and minimize unnecessa4f public expenditures."

Section 1.1.3.2 also states that "Land use pattemswithin seftlement areas shalt bebased on:

1. densrlies and a mix of land uses which

1. efficiently use land and resources,'2. are appropriate for, and efficiently use, the infrastructure and public service

facilities which are planned or available, and avoid the need for theirunjustified and/or uneconomical expansion ;

3. minimize negative impacts to air quality and climate change, and promoteenergy efficiency;

4. support active transportation;5. are transit-supportive, where transit is planned, exrsfs or may be developed;

and

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6. are freight-supportive; and

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

Section 1.1.3.3 states thal"Planning authorities shall identify appropriate locationsand promote opportunities for intensification and redevelopment where this can beaccommodated taking into account existing building stock or areas, includingbrownfietd sifes, and the availability of suitable existing or planned infrastructure andpubtic seruice facitities required to accommodate proiected needs. lntensificationand redevetopment shatt be directed in accordance with the policies of Section 2:

Wise lJse and Management of Resources and Section 3: Protecting Public Healthand Safety."

The proposal is not significant in the context of the PPS. The subject property is

developed with a church building that is compatible with the surrounding residentialproperties. The use of the property when it was under the ownership of the MarsvilleUnited Church was for religious services and small community gatherings. The small0.37 acre property has a small parking area and is serviced with a private well andseptic system. lt had very limited use for a number of years to the small communityof Marsville.

The proposed change of use of the property will have a positive effect on theproperty by using it as a single family dwelling which is in keeping with thesurrounding properties and is less disturbing by its intensity of human occupancyand traffic generation than a church and associated institutional uses and activities.

Therefore, the proposed Official Plan and Zoning By-law Amendment applicationsare not contrary to matters of Provincial interest as identified in the Provincial PolicyStatement.

3.2 Growth Plan for the Greater Golden Horseshoe 2017 (Growth Plan)

It is the policy of the Growth Plan that municipalities are to meet the prescribedpopulation and employment forecasts. ln the case of the Township of EastGarafraxa, the Province did not impose minimum targets, which were directed to theUrban Centres within the County of Dufferin including Orangeville, Shelburne and

Grand Valley. However, growth within the Township of East Garafraxa is to be

directed to the settlement areas.

The subject applications have very little significance within the context of the GrowthPlan as the proposed conversion from an institutional use to a residential use is foronly one dwelling unit. Therefore, the proposal is not contrary to the Grovrrth Plan

Policies.

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The Official Plan is a policy document intended to guide development within theTownship. The 2005 Official Plan designated the subject property Communitylnstitutional. Section 5.4 applies.

3.3 Gounty of Dufferin Official Plan (Gounty OP)

The County Official Plan (County OP) is a policy document providing direction onmatters of County significance and provide land use planning guidance to the localmunicipalities within the County of Dufferin. lt has been approved on March 27,2015.

The subject property is located within the Community Settlement Area of Marsvilleas identified on Schedule B Community Structure and Land Use. Section 3.3.3 ofthe County OP applies. This Section recognizes that limited growth will occurpursuant to the municipal Official Plan through infilling and development of vacantlands and will maintain a rural settlement character that may evolve as per thetype of water and sewage services that can be provided.

The proposed Official Plan and Zoning By-law amendments do not constitutesignificant growth within the community and is an infilling situation.

The proposal is consistent with the Policies of the County OP

3.4 Township of East Garafraxa Official Plan (Township OP)

The Community of Marsville is intended to be an area where groMh is to occur. Theproposed development to re-designate the land from lnstitutional to Residential usewill not negatively impact the existing residents as it is a lesser intensity use, and itwill not affect the scenic attribute nor the cultural character of the community asthere will be limited changes to the property which will to be in keeping with the ruralcharacter of the Community. The proposed development does not require anyadditional services from the municipality in terms of park, open space, water andsewage services.

Section 5.4.2.1 allows single-detached dwellings within the Community Residentialdesignation. As a result, Schedule A-1 of the Township OP shall be amended toshow the land use change from Community lnstitutional to Community Residential.

The proposal is not significant in the context of the Development Criteria of theTownship OP found in Section 7 in terms of Environmental Management as thereare no stormwater management, development affecting steep slopes and ravines,water quality and quantity, floodplains, forest area, fisheries, significant habitats,etc., affecting this property and which generally applies to large scale developmentsuch as residential subdivisions or change of use for intensification uses.

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Therefore, the proposal is consistent with the Community Residential designationPolicies and other relevant Township OP Policies. Staff is of the opinion that theproposal should be adopted by Council and approved by the County of Dufferin.

3.5 Zoning By-law 60-2004

The subject property is zoned lnstitutional in the Township Zoning By-law 60-2004'

The proposal includes an application for rezoning the subject property from

lnstitutional to Hamlet Residential Zone.

The lands immediately surrounding the property are zoned Hamlet Residential.

Other lands located across County Rd. 3 are zoned lnstitutional (Marsville

Elementary School).

The property is 0.37 aclO.15ha and has a lot frontage along County Rd.3 of

31.69m/104ft. Currently, the property is considered legal non-complying as it does

not meet the minimum lot size requirement of the lnstitutional Zone. lf the land use

change to Hamlet Residential is approved, the lot area will still not meet the

minimum requirement of that Zone. Therefore, if the land use of the property ischanged to Hamlet Residential, the lot area shall also be subject to the rezoning topermit the reduced lot area.

According to the plans submitted by the applicant, the existing building and theproposed addition will be at 0m from the front lot line, 7.3m and 3.7m from the side

iot'lines and 22.6m from the rear lot line (see attached plans). Note that the

Applicant's site plan is not showing the existing front yard and measurements

accurately. The Hamlet Residential Zone requires a minimum front yard setback of7.5m, interior side yard setbacks of 3m and a rear yard setback of 7.5m. The fontyard of the existing building does not meet the minimum requirement. Therefore, a

reduced minimurn front yard setback of 0m shall be subject to the proposed

rezoning.

Currently, the existing building is also considered a non-complying building as itdoes noi meet the minimum front yard setback of 7.5m required in the lnstitutional

Zone.

Therefore, if the application for the proposed change of land use from lnstitutional to

Hamlet Residential is approved, it shall include the reduced lot size of 0.35ha and

front yard setback of 0m.

ln all other aspects, the proposed development complies with the requirements of

the Zoning By-law.

Since the existing property has never been subject of complaints for the institutional

use, which is of a higher intensity than residential, Staff is of the opinion that the

residential use and the proposed reduced lot size, and front yard setback will not

affect negatively the neighbouring lands'

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3.5 Minimum Distance Separation

The Township Official Plan, the County Official Plan and the Zoning By-law requiredevelopment applications to comply with the MDS Formulae.

Section 7.14 of the Township Official Plan specifically exempts the application of theMDSl "to existing and proposed development within approved settlement areas".

Furthermore, there are no livestock facilities within 750m from the subject property

Therefore, the proposal complies with the MDS Formulae.

4. COMMENTS RECEIVED

This application has been circulated to internal departments, prescribed agenciesand area property owners located within 120 metres from the subject lands. Thefollowing, provides a description of the comments received to date:

. Grand River Gonservation Authoritv (Email dated May 8, 2019)

The subject property is outside GRCA's regulated areas and therefore, they haveno comments on these applications.

Carl de G on behalf of Jabac inqs lnc. (orooertv r in EastGarafraxa) (Email dated May 14,2019)

"We Jabac Holdings lnc.(Carl de Groot Pres.) as owners of land across the roadfrom the subject church property like to recommend approval of the appliedrezoning from institutional to residential, The renovations of the proposeddwelling would be an asset to the community. Please pass this on to your councilmembers and we would ask to be kept informed of the decision towards thisapplication."

5. PUBLIC MEETING

The Statutory Public Meeting will be held on May 28, 2019

6. CONCLUSION & RECOMMENDATION

A thorough review of the proposal has been completed against the planning policyframework and Staff is of the opinion that the applications are consistent with thePolicies contained in the PPS, the Growth Plan and the County Official Plan, andother requirements of the Zoning By-law.

6t10

Staff reviewed the comments received to date and the supporting documentssubmitted for the applications and find that the proposed residential use, the reducedlot size and front yard setback will not affect negatively the neighbouring lands, andit will not affect the character of the atea.

Staff is of the opinion that the proposed amendments to the Township Official Planand Zoning By-law represent good and orderly planning, subject to any matters thatmay arise at the Planning Advisory Committee meeting on May 16,2019 and at theStatutory Public Meeting of Council on May 28,2019.

It is therefore recommended

a) That the Staff Planning Report dated May 14, 2019 for ProposedAmendments to the Official Plan & Zoning By-law (To re-designate andrezone the property from lnstitutional to Residential); 063011 CountyRd. 3; Lot 4, Plan 103 and Part of Mary Street designated as Part 2 on7R-6549; Files: OPA1-19 & 23-19, be received;

b) And That Application OPA 1-19 be adopted & Application Z3-19 beapproved, subject to the following:

1. To re-designate the subject land from Community lnstitutional toCommunity Residential in the Township of East Garafraxa Official Plan;

2. To rezone the subject land from lnstitutional to Hamlet Residential Zonein the Township of East Garafraxa Zoning By-law 60-2004 including andexception to permit a minimum lot area of 0.1Sha and a minimum frontyard setback of 0m.

Respectfully submitted,

c Gervais, MCIP RPPrector of Planning

Attachments.

7 t10

Aerial Photos (2015)

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MDSI within 750m of the subiect property

9/10

Extract of the Township of East Garafraxa Official Plan

Designation : Community lnstitutional

Extract of East Garafraxa Zoning By-law 60-2004

Zoning: Institutional

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wsp.com

MEMO TO: Jenny Li, Planning Coordinator, County of Dufferin

FROM: Gregory Bender, Manager, Municipal Planning, WSP

Stephanie Bacani, Project Planner, WSP

SUBJECT: Zoning By-law Amendment (File #: Z3-19) and

Official Plan Amendment (File #: OPA1-19) – 063011 County Road 3,

East Garafraxa, ON

DATE: May 13th, 2019

Recommendation

Based on our review, the applications for an Official Plan and Zoning By-law amendment

is consistent with the Community Settlement Area designation and the related policies in

the Dufferin County Official Plan. It is recommended that:

• Consultation occur with the Township of East Garafraxa and the Grand River

Conservation Authority (GRCA) related to the potential impacts to source water

because the subject property is located within a source water protection area

(Municipal Wellhead Protection Area).

Summary

The purpose of the applications is for Zoning By-law and Official Plan amendments to

permit the conversion of an existing church into a single residential property. The subject

property currently has an existing building on the site with an access driveway.

The documents received by WSP on May 8th, 2019 include:

• Notice of Complete Applications and Notice of Public Meeting for Proposed

Official Plan and Zoning By-law Amendments;

• Application for Amendment to Township Official Plan;

• Application for Zoning By-law Amendment; and,

• Drawings Z3-19 & OPA1-19.

Dufferin County Official Plan (2017)

The subject property falls within the Community Settlement Area under Schedules A

(Provincial Plan Areas) and B (Community Structure and Land Use) of the County Official

Plan. Community Settlement Areas include small villages and rural hamlets that may

Page 2

experience limited growth through infilling and development of vacant lands. These areas

are to maintain a rural settlement character and evolve as service and residential centres for

their surrounding Countryside Areas. The range of permitted uses and associated land use

policies will be established in the local municipal official plans and in accordance with the

policies of the County Official Plan.

Given that no new accesses are proposed on County Road 3, the County has no concerns

regarding access.

Under Appendix 2 (Source Water Protection) the subject property is located within a

Municipal Wellhead Protection Area. Policy 5.4.2(c) states that prior to the approval of

development applications within designated vulnerable areas, the proponents shall

demonstrate to the satisfaction of the County, local municipality, Conservation Authority

and Province, where necessary, that the quality and quantity of municipal drinking water

sources will not be negatively impacted. It is anticipated that the GRCA will provide further

review and comments with respect to the requirements for Source Water Protection as it

relates to the changes proposed on the subject property.

Recommendation

Based on our review, the applications for an Official Plan and Zoning By-law amendment

is consistent with the Community Settlement Area designation and the related policies in

the Dufferin County Official Plan. It is recommended that:

• Consultation occur with the Township of East Garafraxa and the Grand River

Conservation Authority (GRCA) related to the potential impacts to source water

because the subject property is located within a source water protection area

(Municipal Wellhead Protection Area).

Date: May 14, 2019

To: Township of East Garafraxa Re: To change the current land use designation and zoning of the subject property from institutional to residential. Request for Comments Paul Fram 063011 County Road 3, East Garafraxa Lot 4 Plan 103 and Part of Mary Street, Plan 103, designated as Part 2 Application Number: Z3/19 & OPA1-19 This letter serves to confirm that I have commenced a preliminary review of the application and other information submitted with your request for comments.

Please be advised that the submission for the above noted address with respect to the rezoning has not revealed any issues however an application for a Change of Use is required by the Building Department.

The application provided includes a site plan illustrating the residential home and attached garage sharing two properties. Please clarify.

Please be advised that this is a preliminary review by the Building Department and that a full review of the proposed project will be completed upon receipt of a complete set of construction drawings. If you should have any questions pertaining to this letter, please do not hesitate to contact the undersigned. Please note that construction shall not commence prior to obtaining a building permit. Regards, Rita Geurts, M.A.A.T.O., CBCO Building Inspector / Plans Examiner T: 519-941-2816 ext. 2704 rgeurts@dufferincounty.ca

1

Christine Gervais

Subject: FW: County Comments RE: Notice of Complete Applications & Public Meeting Z3-19 & OPA1-19

From: Jenny Li <jli@dufferincounty.ca>  Sent: Thursday, May 16, 2019 8:35 AM To: Christine Gervais <cgervais@amaranth‐eastgary.ca> Subject: County Comments RE: Notice of Complete Applications & Public Meeting Z3‐19 & OPA1‐19  Hi Christine,  County Departments reviewed the above noted application for conversion of the Marsville Church. Please see the comments from Rita. County Consulting Planners provided the attached comments on behalf of the Planning Department. I do want to note the County is the approval authority for the OPA application.   Scott have the following comments:  

1. With the change in use, modifications to the existing entrance will be required in order to conform to Residential Entrance criteria per the County’s Entrance Policy 5‐3‐17.  This will require issuance of an Entrance Permit from the County of Dufferin. 

 Let me know if you have any questions.    Best regards,  

Jenny Li, Planning Coordinator |Planning, Economic Development and Culture 

County of Dufferin|Phone: 519‐941‐2816 Ext. 2509|jli@dufferincounty.ca|55 Zina St., Orangeville, ON L9W 1E5  Join in Dufferin ‐  Share your stories. Connect with your community. Have your say on new projects. Click here to Sign Up and Speak Up! 

Enbridge Gas Inc. 500 Consumers Road North York, Ontario M2J 1P8 Canada

May 15, 2019

Susan M. Stone, AMCT, CAO/Clerk-Treasurer Township of East Garafraxa Planning Department 374028 6th Line Amaranth, ON L9W 0M6

Dear Susan,

Re: Official Plan Amendment, Zonng By-law Amendment Paul Fram 063011 County Road 3 Lot 4 Plan 103; and Part of Mary Street, Plan 103 Township of East Garafraxa File No.: OPA1-19, Z3-19 Enbridge Gas Inc. does not object to the proposed application(s). Enbridge Gas Inc. reserves the right to amend or remove development conditions. Sincerely,

Alice Coleman Municipal Planning Coordinator Long Range Distribution Planning — ENBRIDGE GAS INC. TEL: 416-495-5386 MunicipalPlanning@enbridge.com 500 Consumers Rd, North York, ON, M2J 1P8 enbridgegas.com Safety. Integrity. Respect.

Rogers Communications Outside Plant Engineering 3573 Wolfdale Road Mississauga, ON L5C 3T6

May 7, 2019 Applicant: May 23, 2019

M192433 Applicant Job No.: N/A

X No Conflict

No ConflictFor your Reference

EXTREME CAUTION

CONFLICT

CAUTION Rogers Communications has aerial plant in this area, as it is indicated on the attached plans.

CAUTION Fiber Optic Cable is present in the area of your proposed construction.

Note Proposed Fiber Optic Cable in a joint use duct structure .

Note Plant currently under construction.

Note

X Note Locates are still required. Call for locates at 1-800-738-7893

Note Hand dig when crossing, or within 1.0m of existing Rogers plant.

Note Plant is to Approximation.

May 23, 2019DATE

289-657-8019

Markup Response Form

CAD Technician

Rogers Communications has reviewed your drawing(s) as requested and returns one marked-up copy. Our comments follow below with an "X" indicating Rogers' stance on your proposed plan.

Township of East Garafraxa

Shoaib Akram

Comments:

Please inform Rogers Communications well in advance of the proposed construction schedule in order to coordinate our plant relocation.

Your proposed construction appears to encroach within existing Rogers Communications plant. Please relocate your proposed construction to allow adequate clearance of 0.3 m vertically and 1 m horizontally.

Rogers Communications currently has existing plant as marked on your drawing. Our standard depth in this municipality is: 1m. Please ensure you maintain clearances of 0.3m vertically and 0.6m horizontally.

Use vactruck and expose ducts, maintain minimum of 0.6m clearance.

Application Date

Date Returned:

Rogers Ref. No.:

Location:

Rogers Communications currently does not possess existing plant in the area indicated on your attached plans.

63011 Dufferin County Rd 3

Attachment B County of Dufferin By-law to Approve

Township of East Garafraxa OPA No. 7

THE CORPORATION OF THE COUNTY OF DUFFERIN

BY-LAW NO. 2019-_______

A by-law to approve Official Plan Amendment No. 7

to the Township of East Garafraxa Official Plan

WHEREAS the Planning Act, R.S.O. 1990, c.P.13, as amended, permits the County of Dufferin to

approve an Official Plan or amendments thereto;

AND WHEREAS County Council at its meeting on ______________, 2019, decided to approve, Official

Plan Amendment No. 7 to the Township of East Garafraxa Official Plan;

The Council of County of Dufferin HEREBY ENACTS as follows:

1. Official Plan Amendment No. 7 to the Township of East Garafraxa Official Plan, as adopted by

By-law 19-2019 by the Township of East Garafraxa is hereby approved.

ENACTED AND PASSED this ___ day of ______________, 2019.

_____________________________ _____________________________

County Clerk Darren White

Warden

County of Dufferin