Chaisworth

Township of Chatswarth

RR'1, hatsworth,0ntario, NH 1G0

Will Moore, CAO / Clerk
G ra c e N ay I e r, Trea s u re r an d,Asss ta n t CACI/C
Telephone 519-794-3232
Fax 519-794-4499

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February 11,2t15
Township of Chatsworth
R.R.1
CHAT$WORTH, Ontario
NOH 1GO

Dear Committee of Adjustrnent members:

Re:

Application for Consent (81/15)

Part Lot 28, Concession B,
Geographic Tcwnship of Sullivan
Township of Chatsworth
(Bruce and Mary Fullerton)

The following has been drafted to provide the Committee of Adjustment wiih planning
comments concerning the above-noted severance application.
The subject property is located at the southwest corner of the Concession
9A intersection.

I i Sideroad

The property comprises 41"9 hectares of land, of which approximately 27 hectares are
actively farmed. A house, shed and abandoned barn exist near the southeast corner
of the site, and are accessed from Concession B. Two sectione of the property are
forested. The treed area located in the nontheast corner forms part of a Provincially
Significant Wetland that also traverses numerous other properties in this general area
of the Township

The owners are proposing to sever a 1.1 hectare property containing the existing
house and shed, and retain a 40.79 hectare farm iot. The barn on the reiained parcel
wouid be removed from the site"

to the County Official

Pian, the subject lands are designated

predominantiy'Rural' on Schedule A {Land Use Plan). The lands in the northeast

With regai"d

corner are designated 'Wetland' and 'Hazard Lands'.

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The 'Rural' policies give consideraton to the creation of two lots per original 40
hectare Crown lot, provided each lot comprises approximately O.B heciares. ln no
instance, however, shall the number of lots creaied from the original 40 hectare farm
parcel exceed three (3), including the retained parcel.

With regard to this density policy, it is important to note that the original Crown lots
within this specific area of the :former Sullivan Township comprised 80 hectares (200
acres) of land. The original 80 hectare Crown lot described as Lot 28, Concession 8,
Sullvan Township exists today as three parcels of land. Based on the Official Plan
density of three lots per original 40 hectare property, severing a new parcel would
comply with this particular policy of the Official Plan.
Wiih regard to lot size, both the severed and retained parcels will meet the minimum
lot area requirement of the Official Plan listed above^

As mentioned above, Schedule A (Land Use) identifies an area of the property as

'Wetland'. The relevant policies of the Official Plan prohibit development or site

alteration within 'Wetlands'. Development or site alteration within 120 metres of the
'Wetlands' designation is also prohibited unless it can be demonstrated that thie
feature or its function would not be impacted by the development or site alternation;
and, such demonstration typically requires the preparation of an Environmental lmpact
Study. ln this particular case, however, no development or site alteration is necessary
in close proximity to the 'Wetlands' designation. The proposed severed parcel is
already developed and is situated outside of the 120 metre buffer; and, the retained
parcel has ample area outside of this buffer area, along Sideroad 94, to accommodate
a future dwelling.

The County Official Plan requires all development to comply with the Minimum
Distance Separation (MDS) Guidelines. ln this regard, a barn in poor condition does
exist on the severed property within very close proxmity of the proposed severed
parcel. The owner is proposing to remove the barn, and that would effectively
alleviate any possible MDS concerns with regard to that particular livestock facility. A
barn also exists to the east of the subject property; however an MDS calculation has
dernonstrated that ihe separation distance between that barn and the severed parcel
does comply with the MDS Guidelines.

ln view of the foregoing, it would appear that ihe proposed severance conforms with
the County Official Plan,
With regard to the Provincial Policy Statement (PPS), lrnited non*farm developnrent is
permltted in the rural areas, subject to MDS compliance and conformity with the
natural heriiage policies" The proposed development would appear to be consistent
with the PFS

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ln view of the foregoing, favourable consideration could be given to the proposed

severance.

As a condition of severance, a Zoning By-law Amendment is required to permit a

reduced lot area and frontage for the severed parcel. As well, the existing barn must
also be removed.

This opinion is provided without the benefit of having received comments from any
other agency or any adjacent land owners. Should new information arise regarding
this proposal, the Committee of Adjustment is advised to take such information into
account when considering the applications.
I

trust this information will be of assistance.

Ron Davidson, BFS, RPP, MCIP

3li',"*; :

Township of Chatsworth
Land Division Committee
Notice of Application for Consent
The Planning Act, RSO 1990, as amended
Take Notice that the Township of Chatsworth Land Division Committee has appointed
March 4.2015 at 9:00 a.m. forthe purpose of a public hearing into this matter. The
Hearing will be held at the Township of Chatsworth Council Chambers at 316837
Highway 6, R.R.#1, Chatsworth, Ontario.
CONSENT APPLICATTON' F|IE NO' B1J2O15
PURPOSE AND EFFECT: To create a rural lot of 1.1 hectares with frontage on
Concession 8 and to retain a 40.79 hectare parcel with
frontage on Concession 8.
LEGAL

DESCRIPTION:

SEVERED

PARCEL:

Part Lot 28, Concession 8 (former Sullivan Twp)

AREA 1.1 hectares (2.72 acres)

FRONTAGE 94.5 metres (310 feet)
DEPTH 1 18 metres (387 feet)

RETAINED PARCEL:

AREA 40.79 hectares 0 00.8 acres)

FRONTAGE 219.8 metres (721 feet)

DEPTH 1334.1 metres (4377 feet)

HAVING ACCESS

ON:

Severed parcel - Concession 8

Retained - Concession

t:

(:.

SEE SKETCH ATTACHED

Property owners within 120 metres (legislation requires 60 metres) of subject land are
hereby notified of the above application for consent.
lf a person or public body does not make oral submissions at the meeting or make
written submissions to the Township of Chatsworth Land Division Committee with
regard to the proposed severance before the severance is granted, the person or
public body is not entitled to appeal the decision of the Land Division Committee.
Also, if a person or public body does not make oral submissions at the meeting or
make written submissions to the Township of Chatsworth Land Division Committee
before the severance is granted, the person or public body may not be added as a
party to the hearing of an appeal before the Ontario Municipal Board unless, in the
opinion of the Board, there are reasonable grounds to do so.
lf you wish to be notified of the decision of the Land Division Committee in respect of
the proposed consent, you must make a written request to the Township of
Chatsworth.

Additional information regarding the application is available for public inspection from
Monday to Friday 8:00 a.m. to 4:00 p.m. at the Township of Chatsworth Office.
When requesting information please quote File No. B1-2015

Secretary-reasurer
Township of Chatsworth Land Division Committee
R.R.# 1, Chatsworth, Ont
NOH 1GO

Phone:

519-794-3232

Fax:

519-7 94-4499

Adopted by Township of Chatsworth Council February 2nd 2077