{"id":113241,"date":"2022-05-17T15:27:16","date_gmt":"2022-05-17T19:27:16","guid":{"rendered":"https:\/\/huntsville.dopperonline.ca\/?p=113241"},"modified":"2022-05-18T15:55:35","modified_gmt":"2022-05-18T19:55:35","slug":"going-against-huntsvilles-official-plan-committee-votes-to-allow-a-dwelling-on-a-seasonal-road","status":"publish","type":"post","link":"https:\/\/doppleronline.ca\/huntsville\/going-against-huntsvilles-official-plan-committee-votes-to-allow-a-dwelling-on-a-seasonal-road\/","title":{"rendered":"Going against Huntsville’s Official Plan, committee votes to allow a dwelling on a seasonal road"},"content":{"rendered":"\n

<\/p>\n\n\n\n

It may be time to amend the Town of Huntsville\u2019s 2019 Official Plan (OP) when it comes to the development of homes on seasonally maintained roads.<\/p>\n\n\n\n

Currently, Huntsville\u2019s OP does not permit such development, yet applicants often go before planning committee asking for an exception. And while planning staff recommends that such applications be denied, committee generally tends to approve them.<\/p>\n\n\n

<\/broadstreet-zone><\/strong><\/div>\n\n\n\n

Such was the case for a 20-acre vacant property located on Estonian Camp Road. An application before planning committee on May 11 sought a zoning exemption to permit a single detached dwelling on the lands with frontage on a seasonally maintained road.<\/p>\n\n\n\n

Town planner Kelsea Shadlock recommended that the application be denied. \u201cThe Official Plan requires all new developments in rural areas, with the exception of recreational uses such as hunt camps, to front and be accessible from a year-round publicly maintained road,\u201d she told committee. \u201cRural residential development should be encouraged to be located in areas where there is existing rural residential development fronting on municipally maintained roads, access is readily available to community facilities such as schools, and demand for public services such as fire, police and home care can be optimized.\u201d<\/p>\n\n\n\n

Shadlock told committee that the property is located about 500 metres from the nearest year-round, municipally maintained road. She added that other landowners who have faced a similar issue have agreed to upgrade the road to municipal standards at their sole expense, and the Town has subsequently assumed the road and maintained it on a year-round basis. She said in this case, the applicant is not proposing to upgrade the road.<\/p>\n\n\n\n

According to Shadlock\u2019s report to committee, the application was circulated to the Town\u2019s operations, building, and fire departments. She said the operations department expressed concern and recommended the road fronting the property be upgraded. \u201cThey also provided comment that there is no winter maintenance on Estonian Camp Road and minimal summer maintenance.\u201d<\/p>\n\n\n\n

Building department staff recommended that if the application was approved, the property either remain seasonal or all buildings be equipped with sprinklers. \u201cThey also provide that the owner of the property shall enter into an agreement acknowledging that road maintenance, emergency service, and district services will not be provided to [the] site which shall be registered on title,\u201d she added.<\/p>\n\n\n\n

As for the fire department, in her report Shadlock noted: \u201cThe Fire Department recommended that automatic on-site fire protection in the form of ‘fire sprinklers’ be installed in all residential structures even though these may not be required by legislation. Fire department access routes, whether being a roadway or a driveway, must also be maintained clear of snow accumulations, tree and brush overgrowth etc. with a minimum clear width of 4-6m, an overhead clearance of 5m and designed to support the loads of fire apparatus. Additionally, they provided all rural residents keep a 10m space around every structure clear of any trees and\/or combustible vegetation in order to make the structures less vulnerable to wildfire.\u201d<\/p>\n\n\n\n

Planning consultant Wayne Simpson was before committee on behalf of the applicants, who he said had an agreement of purchase and sale pending the ability to build a dwelling on it.<\/p>\n\n\n\n

\u201cObviously we\u2019re disappointed with the recommendation of denial,\u201d said Simpson who reminded committee that an identical application had been approved by committee and ratified by council in 2020, despite staff\u2019s recommendation to deny it.<\/p>\n\n\n\n

\u201cAt that time Scott Aitchison in his role as realtor spoke to planning committee at that time,\u201d recalled Simpson. \u201cThe staff recommendation at that time by Elizabeth Reimer was recommending denial but council did approve it ultimately and there are some good reasons.\u201d<\/p>\n\n\n\n

Simpson said there is a strong sense of community in the area. He said the road was originally built by the Estonian Camp and is maintained collectively by the neighbours. He also argued that the road is in better shape than many other roads.<\/p>\n\n\n\n

Committee chair and Deputy Mayor Nancy Alcock, who had handed over control of this meeting to Councillor Jason FitzGerald, asked planning staff whether an agreement removing the Town from all responsibility had been put in place when a similar application was approved in 2020 [when she also chaired the committee].<\/p>\n\n\n\n

\u201cWe subjected the property to site plan control so that there was wording in the agreement that would reflect that the Town was not responsible for any road maintenance on the road,\u201d responded director of planning services Kirstin Maxwell.<\/p>\n\n\n\n

Alcock also wanted to know whether such an agreement would be registered on title in case the property is sold. Maxwell confirmed it would be.<\/p>\n\n\n\n

\u201cIn planning applications, we don\u2019t look at precedence, but it is interesting to note, and I\u2019m glad it was brought up [that a similar application had been approved],” said Councillor Bob Stone. “But in this instance, I see no reason not to let them build here just because we don\u2019t have winter maintenance. They\u2019re doing it on their own, we do have minimum maintenance for summer travel on the road and we have a lot of these properties, and we need to say \u2018okay, if you\u2019ve got a large property and there\u2019s reasonable access to it, as long as you understand we\u2019re not providing any municipal services, then welcome to town.\u201d <\/p>\n\n\n\n

Councillor Dan Armour questioned whether a special zone could be created for similar properties that go before committee. <\/p>\n\n\n\n

\u201cWe would have to ultimately review the Official Plan and go out to the community to determine whether on not an Official Plan amendment would be appropriate that would permit this additional form of rural development,\u201d said Maxwell.<\/p>\n\n\n\n

\u201cI think I\u2019ve said it before, fundamentally I disagree with continually going against our Official Plan, especially on the non-maintained roads,” said Mayor Karin Terziano. “I understand exactly what Councillor Stone said, that there\u2019s probably no reason not to allow somebody to build there but I think the route we have to take is to change our Official Plan and deal with it once and for all. Because honestly, I\u2019m tired of the same application coming forward, staff recommending denial based on what our Official Plan says, and us overturning and approving them all\u2026 I just don\u2019t think we should be doing this every meeting. Right now I\u2019m not going to support it. I think we need to force the change as opposed to just approving them.\u201d<\/p>\n\n\n\n

Councillor Jonathan Wiebe said requiring a fire sprinkler system should be a given. \u201cI really think that what\u2019s happening here is we are starting to hone in on what some of the absolute necessities should be if we go down the road of having a new designation\u2026,\u201d he said.<\/p>\n\n\n\n

In the end, a majority of committee approved the application subject to site plan control and the requirement that a fire sprinkler system be included.   <\/p>\n\n\n

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It may be time to amend the Town of Huntsville\u2019s 2019 Official Plan (OP) when it comes to the development of homes on seasonally maintained roads. 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