Municipality of Dysart et al

Transcription

1 Municipality of Dysart et al P.O. Box 389, 135 Maple Avenue, Haliburton, Ontario K0M 1S0 Murray G. Fearrey Reeve Tamara J. Wilbee C.A.O. The Heart of the Highlands To: Public Meeting Committee From: Patricia Martin, Director of Planning and Development Date: March 24th, 2016 Re: Zoning By-law Amendment Application Lands of Bielmeier Roll No.: Part Lot 5 and 6, Concession 13 and Part of the Original Allowance for Road Between Lots 5 and 6, Concession 13, (being Part 6, Plan 19R-5487) Geographic Township of Havelock RECOMMENDATION: Staff recommend the following resolution: Be it resolved that this Committee recommends that Council pass the proposed zoning by-law amendment application for the lands of Warren Bielmeier for his property in Part Lot 6, Concession 13, beings Part 1, Plan 19R-1714 and Part 6, Plan 19R-5467, in the geographic Township of Havelock, which would change the zone on the subject lands from Waterfront Residential Type 4L zone (WR4L) to Waterfront Residential Type 3L (WR3L) zone. PLANNING REPORT: (1) Background: The owner has consent from the Haliburton County Land Division Committee to sever his property on Kawagama Lake into three lots for waterfront residential purposes (H-029/15 and H-30/15). This zoning by-law amendment application is a condition of the severance application. There is a small cabin at the south end of the property, which is approximately 127 sq. feet in area. There is no record of a building permit for the structure and it was first assessed in Council has asked for this building to be moved to the 30 metre water setback. A detailed site evaluation report has been prepared to assess the natural features of the area and determine the appropriateness of the proposal. It makes recommendations for the proper development of the site. The report has been peer reviewed and approved by the County of Haliburton. (2) Site Description: This property has not been site inspected for the purposes of this report. The OMB maps and the air photos for the property show moderate to steep slopes. The site development plan confirms that the ZBA: Bielmeier Page 1 of 3

2 slopes are approximately 20% on the most southerly lot and approximately 30% on the two northerly lots. A site evaluation report has been prepared to assess the slopes and the natural features of the area. It makes recommendations for the proper development of the lots. (a) Lot Dimensions: Frontage Area H-029/ m (430+ ft) ha (3.38+ ac) H-030/ m (691+ ft) 2.6+ ha (6.35+ ac) Retained m (658+ ft) ha (9.94+ ac) (b) Existing Development: H-029/15: small cabin (first assessed in 1988; approximately 127 sq. ft) H-030/15 - vacant Retained- vacant (c) Frontage: Kawagama Lake. (d) Access: water access from the municipal access point at the end of County Road 8. (e) Servicing: on-site, private individual water and sewer services. (f) Road Allowance: There is no shoreline road allowance in front of these lands. The original allowance for road has been closed and the eastern half conveyed for addition to these lands (By-law ). (3) Provincial Policy (a) Conformity: Generally yes, subject to the recommendations of the site evaluation report. (b) Applicable Policies: Policy Policy Policy 2.1 Policy 2.2 Rural Areas in the Municipality Sewage and Water Natural Heritage Water (c) Comments: The Ministry of Natural Resources identifies Kawagama Lake as a lake trout lake that is moderately sensitive to additional development. It can sustain additional development. The Bracebridge Area Office conducted extensive field inventories to categorize the shoreline and do not identify any Type 1 fish habitat in front of these lands. The site evaluation report addresses the development potential and constraints of this parcel and makes recommendations for the proper development of the lots. A 30 metre water setback will apply from the regulated high water mark. (4) Dysart Official Plan: Waterfront Areas (a) Conformity: Generally yes, subject to the recommendations of the site evaluation report. (b) Applicable Policies: Section 2 Section Section Section 3 Section 3.1 Section Section 4 Section 4.6 Section Section Section 5 Basis and Objectives Importance of the Natural Environment Protection and Enhancement of the Environment Public Service Policies General Principles of Efficient and Cost-Effective Development Water Supply and Sewage Disposal Other Areas General Development Policies Site Conditions - Lot Shape and Size Water Access Land Division Consents Resource Protection Policies ZBA: Bielmeier Page 2 of 3

3 Section Section 5.2 Section Section 9 Section 9.2 Section 22 Section Lakes and Rivers Lake Capacity Shoreland Development Capability Waterfront Areas Areas of Use Limitation Administration Site Evaluation Report (c) Comments: See comment under Provincial Policy. (5) Zone Category: (a) Existing Zoning: Waterfront Residential Type 4L (WR4L) (b) Proposed Zoning: Waterfront Residential Type 3L (WR3L) (c) Compliance: the following applies: The small building at the south end of the property is to be moved into compliance with the WR3L zone. (6) Notification and Circulation: Notice of the requested zoning by-law amendment was circulated to all persons and agencies required by regulation on February 23rd, The required advertisement was placed in the local paper. The Kawagama Lake Association has advised that they have no particular concerns with the application. No other written or verbal comments have been received as of the date of this report. SUMMARY: The owner has conditional consent from the Haliburton County Land Division Committee to sever his property into three lots for waterfront residential purposes (H-029/15 and H-030/15). The proposed zoning by-law amendment recognizes the intended waterfront residential use and implements a 30 metre water setback. The existing cabin is to be moved into compliance with the 30 metre setback. A site evaluation report has been prepared to support the project. The proposal is generally consistent with Provincial Policy and conforms to the provisions of the Official Plan. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following are attached to this report: - the draft zoning by-law; - the purpose and effect - the key map; and - the property sketch. ZBA: Bielmeier Page 3 of 3

4 THE CORPORATION OF THE UNITED TOWNSHIPS OF DYSART, DUDLEY, HARCOURT, GUILFORD, HARBURN BRUTON, HAVELOCK, EYRE AND CLYDE BY-LAW NO draft BEING A BY-LAW TO AMEND ZONING BY-LAW , AS AMENDED (Lands of Bielmeier) WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.p.13 authorizes the Council of a municipality to pass Zoning By-laws for the purpose of land use controls. AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al has received a complete application to amend Zoning By-law No , as amended. AND WHEREAS a public meeting was held on April 4th, 2016 pursuant to Section 34(12) of the Planning Act, R.S.O. 1990, c.p.13. AND WHEREAS the Council of the Corporation of the United Townships of Dysart et al deems it advisable to amend By-law No , as amended. NOW THEREFORE the Council of the Corporation of the United Townships of Dysart et al enacts as follows: 1. Schedule "A", Map 5 of By-law , as amended, is hereby amended by changing the zone symbol on Part of Lots 5 and 6, in Concession 13, being Part 1, Plan 19R-1714 and Part 6, Plan 19R-5467, in the geographic Township of Havelock, from "WR4L" (the Waterfront Residential Type 4L zone) to "WR3L" (the Waterfront Residential Type 3L zone), as shown on Schedule "A", attached hereto, and forming part of this By-law. 2. This By-law shall come into force on the date of final passing if no notice of appeal is filed with the Clerk within 20 days of the giving of notice of passage of this By-law. If a notice is filed with the Clerk, the By-law shall only come into force according to the provisions of Section 34(30) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended. READ a first, second and third time, signed and the Corporate Seal attached hereto this xxth day of xxxxxx, Reeve: Murray Fearrey Clerk: Cheryl Coulson

5 SCHEDULE "A" TO BY-LAW No DRAFT PART OF LOT 6, CONCESSION 13 AND PART OF THE ORIGINAL ALLOWANCE FOR ROAD BETWEEN LOTS 5 AND 6, CONCESSION 13 GEOGRAPHIC TOWNSHIP OF HAVELOCK MUNICIPALITY OF DYSART et al COUNTY OF HALIBURTON SCALE 1:2, Meters - ZONE CHANGE FROM WR4L TO WR3L THIS IS SCHEDULE "A" TO BY-LAW NO DRAFT ENACTED THE DAY OF, REEVE CLERK OS-1 LOT 5 Original Allowance For Road LOT 6 190' +/- 627' +/- WR5L µ µ 658' +/- 454' +/- Kawagama Lake PART LOT 6, CONCESSION ' +/- PART 1, PLAN 19R-1714 AND 731' +/- PART 6, PLAN 19R-5467 WR6L ' +/- 691' +/- 553' +/- 452' +/- DISCLAIMER: This map is for planning reference purposes only and is not a survey of properties. No representation is made or warranty given as to its content. User assumes all risk of use. The Municipality of Dysart et al assumes no responsibility for any loss resulting from such use. This publication may not be reproduced in any form, in part or in whole, without written permission. BASE DATA SOURCE: QUEEN'S PRINTER OF ONTARIO, The County of Haliburton, the Municipal Property Assessment Corporation (MPAC) Use of this data does not constituete an endorsment by the MNR, Ontario Government, County of Haliburton or MPAC.

6 PURPOSE AND EFFECT OF PROPOSED BY-LAW Applicant: Warren Bielmeier Roll No.: An application has been submitted by Warren Bielmeier to rezone his lands in Part Lots 5 and 6, Concession 13, further described as Part 1, Plan 19R-1714 and Part 6, Plan 19R-5487, in the geographic Township of Havelock, in the Municipality of Dysart et al. This property is located on Bear Island, Kawagama Lake. Present Zoning: Waterfront Residential Type 4L (WR4L) Requested Zoning: Waterfront Residential Type 3L (WR3L) The proposed by-law will change the zone on the subject lands to the WR3L zone to recognize the proposed waterfront residential use and implement the provisions of the Dysart et al Official Plan and the site evaluation report, which applies to the property. A 30 metre water setback will apply. This zoning by-law amendment application is a condition of applications for consent H-029/15 and H-030/15, which have provisional consent from the County of Haliburton Land Division Committee. A site evaluation report has been prepared and peer reviewed by the County of Haliburton to support this proposal. The lands are designated Waterfront Areas in the Official Plan of the Municipality of Dysart et al. The proposal generally conforms to the provisions of the Official Plan.

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