1. CALL TO ORDER AND PURPOSE OF THE MEETING 4. DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

Size: px

Start display at page:

Download "1. CALL TO ORDER AND PURPOSE OF THE MEETING 4. DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF"

Jody Price
5 years ago
Views:

TOWNSHIP OF NORTH FRONTENAC PUBLIC MEETING AGENDA RE: ZONING BY-LAW AMENDMENT NOVEMBER 23, 2018 9:00 A.M. COUNCIL CHAMBERS 6648 ROAD 506, PLEVNA, ONTARIO 1. CALL TO ORDER AND PURPOSE OF THE MEETING 2.

1 TOWNSHIP OF NORTH FRONTENAC PUBLIC MEETING AGENDA RE: ZONING BY-LAW AMENDMENT NOVEMBER 23, :00 A.M. COUNCIL CHAMBERS 6648 ROAD 506, PLEVNA, ONTARIO 1. CALL TO ORDER AND PURPOSE OF THE MEETING 2. CHAIR S OPENING REMARKS 3. APPROVAL OF THE AGENDA 4. DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF 5. ZONING BY-LAW AMENDMENT a) Zoning By-law Amendment Application 1247A Trefoil Lane Rucker; b) County Planner s Report; c) Mississippi Valley Conservation Authority Report; d) KFL&A Public Health Report; e) Committee of Adjustment/Planning Advisory Committee s Resolution (to follow). 6. COUNCIL COMMENTS AND QUESTIONS 7. PUBLIC COMMENTS AND QUESTIONS 8. BY-LAW TO CONSIDER AMENDING BY-LAW 15-04, BEING THE ZONING BY-LAW AS AMENDED Deferred. 9. PUBLIC MEETING ADJOURNED Council Agenda Public Meeting Zoning By-law Amendment November 23, 2018 Page 1 of 1

37 Public Meeting Planning Report To: Mayor and Members of Council From: Jennie Kapusta, Community Planner, County of Frontenac Megan Rueckwald, Manager of Community Planning, County of Frontenac Re: Application to Rezone Part Lots 16, 17 and 18, Concession 7, Geographic Township of Barrie, Township of North Frontenac (1247A Trefoil Lane) from Waterfront Residential and Limited Service Rural to Waterfront Residential Exception Zone File No. Z3/18 (Rucker) Recommendation: Receive Public Comments Date Prepared: November 16, 2018 Date of PAC Meeting: November 19, 2018 Date of Public Meeting: November 23, 2018 Proposal An application for a zoning bylaw amendment to rezone lands from Waterfront Residential and Limited Service Rural to Waterfront Residential Exception Zone has been submitted for lands located at Part Lots 16, 17 and 18, Concession 7, Geographic Township of Barrie, Township of North Frontenac (see attached map). The subject property has frontage along Trefoil Lane and Kashwakamak Lake. The subject property is approximately 40.9 hectares (101 acres) in area, with approximately 160 metres of frontage along Kashwakamak Lake. The applicant is proposing to rezone the property to permit a family-lodge-style development. Should the rezoning be approved the applicant intends to construct: a single detached dwelling, four sleeping cabins, an outdoor kitchen with attached screen porch, a communal bathroom/shower facility, a storage garage, a storage shed and a water tower. It is important to note that the proposed rezoning will recognize some of the existing structures that were constructed without building permits. Under the Planning Act, a public meeting is required to be held to receive comments from citizens on the proposed rezoning. With the information presented, planning staff are recommending that Council receive comments and postpones making a decision until the following Council meeting. This will also staff the opportunity to review the comments received from the public and Council and amend the planning report/recommendation accordingly. Under the Planning Act, Council has 150 days to make a decision from the date the application was deemed complete. It is important to note that the Zoning Bylaw contains provisions that are meant to guide development across the Township. The Zoning Bylaw controls the use of land in North

38 Frontenac by stating: how the land may be used; where buildings and other structures can be located; the types of buildings that are permitted and how they may be used; and lot sizes and dimensions, parking requirements, buildings heights and setbacks from the street and other features. When a development conforms to the Official Plan, but does not comply with the Zoning Bylaw an amendment may be sought. Council evaluates a zoning bylaw amendment for criteria including: conformity with the official plan and compatibility with adjacent uses of land; suitability of the land for the proposed purpose, including the size and shape of the subject property; adequacy of vehicular access, water supply and sewage disposal; and risk of natural hazards and impact on natural heritage. Background The applicant is proposing to rezone the entire subject property from Waterfront Residential and Limited Service Rural to Waterfront Residential Exception zone to allow a family-lodge-style development. The proposed zoning will allow for the construction of a single detached dwelling, in addition to four sleeping cabins and associated accessory buildings. The proposed zoning will also permit the construction of the accessory buildings prior to the construction of the main building and permit a maximum 5% lot coverage for accessory buildings. The applicant has already constructed two of the four proposed sleeping cabins without obtaining the required permits. The applicants were under the impression that as the footprints were not in excess of 108 square feet no prior approvals were needed for the construction. One of the existing structures has a second story which exceeds the 108 square feet in gross floor area. Planning staff recommend that the property be rezoned from Waterfront Residential and Limited Service Rural to Waterfront Residential Exception Zone to continue to restrict the permitted uses on the subject property to a single detached dwelling and the four sleep cabins with a maximum net floor area of 275 square feet and a height of two storeys each. Planning staff are also recommending that additional accessory structures, pursuant to the Zoning Bylaw, be permitted on the subject property. For instance, the Zoning Bylaw does not list all accessory structures that could be permitted on the lot but instead contains provisions that restrict the placement and size of the structures. The applicants wish to class each of the existing sleep cabins as accessory to ensure no confusion with the construction of a single detached dwelling in the future; as such, planning staff are recommending the inclusion of the provision that accessory structures may be permitted before a main use. The property is currently developed with two sleeping cabins, an outhouse, and a deck/platform. There is also a trailer on the property that complies with the Township s Trailer Licencing Bylaw. The property is heavily treed with cleared areas to provide safe access along Trefoil Lane. Provincial Policy Statement The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When directing development on rural lands, planning authorities must comply with Section of the PPS; this section requires application of relevant policy of Section

39 1: Building Healthy Communities, Section 2: Wise Use and Management of Resources, and Section 3: Protecting Public Health and Safety by the approval authority. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section of the PPS permits rural land uses and those that are compatible with the rural landscape and can be sustained by rural service levels, while Section lists resource-based recreational uses (including recreational dwellings) as permitted uses. The proposed development will result in a family-lodge-style construction to permit each family to have their own sleeping quarters while recognizing that the impact of the development would be comparable to a four bedroom house that is divided. The Province is also supportive of secondary units throughout Ontario. The proposed rezoning would also support the construction of a single detached dwelling, should the applicants wish to construct one in the future. KFL&A Public Health reviewed the application to ensure that suitable space exist to service the proposed development; Public Health has no concern with the application as presented. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The proposed rezoning application was reviewed by Mississippi Valley Conservation with regards to natural heritage and Section 2.1 of the PPS. MVC concluded in their letter dated November 9, 2018, that impacts to natural heritage features are not anticipated as a result of the subject application. Section 3: Protecting Public Health and Safety of the PPS contains policies intended to reduce the potential for public cost or risk to Ontario s residents from natural or humanmade hazards. There are no human-made hazards, as listed in Section 3.2 of the PPS, in proximity to the proposed development. MVC in their letter dated November 9, 2018, state that development shall generally be directed to areas outside of hazardous lands such as erosion hazards and sleep slopes that have the potential for slope instability due to their steepness and height. A default setback of 10 metres from the crest of the slope is recommended to ensure safe development. MVC notes that adequate space appears to exist for development beyond this setback and as such they have no further concerns. The proposed rezoning is consistent with the Provincial Policy Statement, Frontenac County Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.3: Rural Lands provides policies for protecting the rural character, heritage and natural resources within the County. The County Official Plan echoes the PPS in permitting resource-based recreational uses within the Rural Area. Section Waterfront Areas provides more detailed policies for development in close proximity to the waterfront. The Plan generally defines the Waterfront Area as lands within 150

40 metres of the lake; the proposed sleep cabins will be located in a cleared area that is setback approximately 200 metres from the highwater mark of Kashwakamak Lake. Section 4.2: Servicing provides policies for the use of private services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. KFL&A Public Health reviewed the application to ensure that the proposal could be adequately serviced. Section 7: Environmental Sustainability of the County s Official Plan sets out policies for environmental sustainability and protection of the natural heritage system and ecological functions provided. Mississippi Valley Conservation Authority was circulated on the application and has indicated they have no objections to the proposal given the fact there appears to be sufficient area on the property to meet the minimum development setback of 30 metres from the watercourse and wetland. The proposed family-lodge-style development is proposed to be located 198 metres from the highwater mark of Kashwakamak Lake and as such, beyond the Waterfront Area. The proposed rezoning conforms to the County of Frontenac Official Plan. Township of North Frontenac Official Plan, 2017 The subject property is designated as Rural Area and Waterfront Area in the Township of North Frontenac Official Plan, The goal of the Official Plan is to establish policies that will help the Township deliver a sustainable, living, working rural area that supports existing and future residents who wish to live and work in North Frontenac. Within the Rural Area, the Plan provides for a supply of land for a diversity of traditional and evolving rural uses. These include rural residential, rural co-operative areas, recreational oriented uses, uses characterized by large areas of open space; public utilities and commercial facilities (see Section 3.13 for requirements); rural commercial and industrial uses and air strips. The proposed development is for residential purposes as such conforms to the Rural Area policies in the Official Plan. Section 4.10 Waterfront Area of the Official Plan further reinstates that the Waterfront Area shall generally be 150 metres inland from the highwater mark of the lake. The Plan recognizes that the Waterfront Area of the Township is an important resource, which will be protected. The waterfront setting consists of open space and low density residential land uses on mainland and island shorelines; interspersed with some commercial development, primarily resorts; set among a forested landscape. The Official Plan sets out minimum waterfrontage and area requirements for new lots in the Waterfront Area; new lots created through consent are proposed to be 2 acres with 77 metres of frontage. The subject property is approximately 100 acres in area with 160 metres of frontage along Kashwakamak Lake. The application conforms to the Township of North Frontenac Official Plan; the increased setback to the existing development, combined with the large geographic area and resource-based recreational permitted uses contributed to this conclusion. Township of North Frontenac Zoning By-law, 2004 The subject property is zoned Waterfront Residential and Limited Service Rural in the Township of North Frontenac Zoning By-law, The intent of the Waterfront Residential zone is to permit uses that are compatible with being located in close proximity to the waterfront with provisions that require a 30 metre setback and the maintenance of a vegetated buffer. The Limited Service Rural Zoning permits a variety

41 of uses that are consistent with the rural character of the Township; the limited services recognize that the subject property is only accessible by private lane. Both zones permit uses that are compatible with the rural landscape and provide for limited residential development. Planning staff are recommending that the subject property contain a single zone with a site specific exception to permit the construction of four sleep cabins with a maximum net floor area of 275 square feet and a maximum of two storeys. Planning staff are also recommending the provision of 5% lot coverage for accessory buildings such as an outdoor kitchen with an attached screen porch; bathroom/shower facility; storage garage; storage shed and water tower. The Township of North Frontenac does not have a minimum area requirement for seasonal dwellings in the current Zoning Bylaw; as such, the building department would classify one of the existing sleep cabins as a seasonal dwelling. To avoid confusion, the applicants have referred to the sleep cabins as accessory structures so that in the future when the wish to construct the single detached dwelling, there will be no discrepancy over the main permitted use. As such, planning staff are recommending that a provision be included in the site specific rezoning to permit accessory structures (existing sleep cabins, which could be considered a seasonal dwelling) to be permitted without a principal use. The Township of North Frontenac is currently undergoing a comprehensive review of the Township Zoning Bylaw. Planning staff are cognizant of the timelines for the review process and recognize that in the draft document that the subject property should be rezoned to Limited Service Waterfront. Planning staff will explain the review process to the applicant and advise them of the proposed changes in the draft. The site specific amendments will be carried forth to the new Zoning Bylaw, which is comparable with many of the other site specific zones in the current Bylaw. Comments Public As of the time of writing this report an has been received from a member of the public with comments/points of interest pertaining to the proposed development and their interest in attending the public meeting. They have questions regarding water and treatment, the inner bay conservation of wildlife, and water tower issues re: night sky viewing that they will ask at the public meeting. KFL&A Public Health Comments dated November 12, 2018 indicate that public health has no objections to the application. Mississippi Valley Conservation (MVC) In comments dated November 9, 2018, MVCA staff indicated that they have no objections to the application. Their report stated that Given the substantial size of the subject property; the proposed minimum development setback of 198m from the waterbody; and the fact that sufficient area exists to meet a development setback of 30m from the watercourse and wetland, impacts to natural heritage features are not anticipated as a result of the subject application. MVC further confirmed that they reviewed the application with regards to natural hazards and have no objection. Pre-consultation The applicant pre-consulted with County planning and Township staff prior to submitting the application. A site visit was conducted by County planning staff, along with KFL&A

42 Public Health and Mississippi Valley Conservation staff, on October 31, 2018 to evaluate the application. Conclusion The proposed zoning bylaw amendment will rezone the lands from Waterfront Residential and Limited Service Rural to Waterfront Residential Exception Zone. Planning staff recommend that the zoning be amended to Waterfront Residential in order to continue to allow the permitted uses in the Waterfront Residential zone but expand this to include the proposed four sleeping cabins and permit a 5% lot coverage for accessory buildings and construction of the accessory buildings prior to the construction of the principal use. All structures, including the existing structures, will be required to obtain permits and must comply with the setback requirements, including distance separation from neighbouring properties. At the public meeting, planning staff recommend that Council receive comments from the public and the recommendations from the Township s Planning Advisory Committee. Council may then direct staff to revise the report to include the comments received by the public and prepare an amending bylaw for review at the forthcoming Council meeting.

TOWNSHIP OF NORTH FRONTENAC RUCKER - ZONE CHANGE FROM RW & LSR to RW-X 1247A TREFOIL LANE,

506 R Sources: Esri, HERE, Garmin, Intermap, increment P Corp.

FOSTERS LANE Kashwakamak Lake LSR LSR MX Subject Property Parcel Fabric FOREST LANE 0 90

data supplied under licence by members of the OGDE and ESRI.

43 TOWNSHIP OF NORTH FRONTENAC RUCKER - ZONE CHANGE FROM RW & LSR to RW-X 1247A TREFOIL LANE, GEOGRAPHIC TOWNSHIP OF BARRIE Mississagagon ± Lake GC Inset Map: Mississagagon Lake RW ROAD 506 R Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, TC R MX TREFOIL LANE RW LSR TOWER LANE LSR FOSTERS LANE Kashwakamak Lake LSR LSR MX Subject Property Parcel Fabric FOREST LANE TOWER LANE Meters LSR Produced November 16, 2018 by the County of Frontenac with data supplied under licence by members of the OGDE and ESRI. The County of Frontenac disclaims all responsibility for errors, omissions in this publication. Includes Material 2014 Printer for Ontario. All Rights Reserved.

44 18-NF-ZA November 9, 2018 Tara Mieske Secretary-Treasurer Township of North Frontenac P.O. Box 97 Plevna, Ontario K0H 2M0 Dear Ms. Mieske: Re: Application for Zoning By-Law Amendment #Z3/18 Part Lot 16-18, Con 7, Township of North Frontenac (Barrie) RUCKER Mississippi Valley Conservation Authority (MVCA) has been circulated the above noted application to conduct a review in terms of MVCA Regulations and Provincial Planning Policy for Natural Heritage and Natural Hazard issues. Specifically, the purpose of this review is to assess potential impacts of the proposed development on known natural heritage features on and adjacent to the subject property. These features could include wetlands, wildlife habitat and areas of natural and scientific interest. This review also includes an evaluation of the subject property for natural hazards such as unstable slopes and areas prone to flooding and erosion. PROPOSAL It is our understanding that the purpose of the subject application is rezone the subject property from Waterfront Residential (RW) and Limited Service Residential (LSR) to Waterfront Residential Exception Zone, in order to permit the construction of a Family Lodge with the following: Single Detached Dwelling, Four Sleep Cabins with a total net area of 275 sq. feet each, and 5% lot coverage for accessory buildings such as an outdoor kitchen with an attached screen porch; bathroom/shower facility; storage garage; storage shed and water tower Hwy 7, Carleton Place, ON K7C 3P1 Tel. (613) Fax (613) info@mvc.on.ca MVCA is a member of Conservation Ontario~Natural Champions

45 The subject property is 100 acres. The minimum waterbody setback proposed is 198 m. We note that (2) of the sleep cabins have already been constructed. PROPERTY CHARACTERISTICS According to a review of GIS mapping and aerial imagery, the subject property has frontage on Kashwakamak Lake. In addition, an unclassified wetland occupies the north section. An unnamed tributary of the lake flows through this wetland. We note the observation of slopes which exceed a 3:1 slope angle and 3 m in height, on the subject property. Natural Heritage Features Watercourse and Waterbody A minimum development setback of 30 m is required from any watercourse or waterbody. We note that the Township of North Frontenac s Zoning By-law also requires a minimum development setback of 30 m from these features. Wetland The wetland identified on the subject property, as well as its 30 m adjacent lands, are regulated under Ontario Regulation 153/06, as administered by MVCA. A minimum setback of 30 m, measured from the boundary of this wetland, is required for any new development or site alteration. Discussion Given the substantial size of the subject property; the proposed minimum development setback of 198 m from the waterbody; and the fact that sufficient area exists to meet a development setback of 30 from the watercourse and wetland, impacts to natural heritage features are not anticipated as a result of the subject application. Natural Hazards It is provincial policy that: Development shall generally be directed to areas outside of hazardous lands adjacent to a stream and small inland lake systems which are impacted by flooding and/or erosion hazards (Provincial Policy Statement, Section b). Erosion hazards include slopes which have the potential for slope instability due to their steepness and height. Slopes which exceed 3 m in height and a 3:1 slope angle, are considered potentially unstable. A default setback of 10 m from the crest of the slope is recommended in this case, in order to ensure safe development. Adequate area appears to exist for development beyond this setback. Therefore, we do not have any further concerns in this regard. REVIEW & CONCLUSION With all of the above in consideration, MVCA does not have any objection to the subject application.

46 NOTES A review for Species at Risk was not conducted. We suggest contacting the Ministry of Natural Resources and Forestry should you require a review in this regard. Pursuant to Ontario Regulation 153/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, written permission is required from MVCA prior to the initiation of any alterations to the shoreline of the lake or watercourse. Permission is also required from MVCA prior to any development or site alteration in, or within 30 m of, the wetland. We also advise consultation with Fisheries and Oceans Canada (DFO) fisheriesprotection@dfo-mpo.gc.ca prior to conducting any work within the lake or watercourse, in order to assess potential impacts to fish habitat. Authorization from DFO may be required for such work. Should any questions arise please do not hesitate to call. Please advise us of the Committee s decision in this matter. Yours truly, Diane Reid Environmental Planner

3. DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

3. DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF AGENDA COMMITTEE OF ADJUSTMENT/PLANNING ADVISORY COMMITTEE NOVEMBER 19, 2018-1:00 P.M. Council Chambers, Municipal Office 6648 Road 506, Plevna, Ontario 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. DISCLOSURES