The Municipality of Dysart et al AGENDA Planning Public Meeting July 3, 2012 at 6:00 p.m. Council Chambers, Haliburton, Ontario.

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1 The Municipality of Dysart et al AGENDA Planning Public Meeting July 3, 2012 at 6:00 p.m. Council Chambers, Haliburton, Ontario Page 1. ADOPTION OF MINUTES APPLICATIONS Zoning By-law Amendment Lands of Larue Industrial Park Road Township of Dysart Agent: Paul Wilson Zoning By-law Amendment Lands of Somerville Irish Line Road Township of Guilford Agent: Greg Bishop Zoning By-law Amendment Lands of Vanderburgh Klondike Road Township of Guilford Agent: Paul Wilson Zoning By-law Amendment Lands of Vasey West Shore Road Township of Guilford Agent: Paul Wilson 3. OTHER BUSINESS Page 1 of 43

2 Page 4. ADJOURNMENT Page 2 of 43

3 Dysart et al Public Meeting Committee Minutes Monday, May 7, 2012 The following is a report of the Dysart Public Meeting Committee on a public meeting which was held pursuant to Section 34(12) of the Planning Act, to discuss three proposed site specific amendments to the Municipality's Comprehensive Zoning By-law. The public meeting was held in the Dysart et al Council Chambers at Municipal Office in Haliburton on Monday, May 7, 2012, commencing at 5:00 pm. Committee Members: Other Council Members: Staff Present: Public Present: Steve Pogue Susan Norcross Walt McKechnie Murray Fearrey, Reeve Dennis Casey, Ward 2 Councillor Patricia Martin, Director of Planning and Development Tamara Wilbee, CAO Cheryl Coulson, Clerk As attached At the beginning of the meeting the Chairman outlined the purpose of the meeting and advised of the format that would be followed. Motion No. 1 Moved by: Susan Norcross Seconded by: Walt McKechnie Be it resolved that the minutes of the meeting of March 5, 2012 be adopted as circulated. CARRIED APPLICATIONS 1) Zoning By-law Amendment Lands of Dennis Debler Well Drilling Ltd. Part Lots 1 and 2, Concession 1 Geographic Township of Dysart Public Present: as attached The purpose of the proposed zoning by-law amendment is to change the zone on the subject lands from "RU1" (the Rural Type 1 zone) to "RR-10" (the Rural Residential 10 Exception zone). Greg Bishop and Adam Hindle attended on behalf of the applicant. Page 3 of 43

4 Dennis Debler Well Drilling has consent from the Haliburton County Land Division Committee to sever two lots from their property for rural residential purposes (H-011/11 and H-012/11). As a condition of consent, the severed parcels must be rezoned to recognize the intended rural residential use and implement a 30 metre front lot line setback. Notice of the proposed zoning by-law amendment, including the date and time of the meeting, was circulated to all persons and agencies required by regulation, on April 3rd, An advertisement was placed in the local newspaper. The Committee reviewed the planning report, dated April 30th, 2012 and discussed the proposal. The Secretary briefly outlined the proposal and the notification process. She advised the Committee that the County of Haliburton has no concerns with the application. No other written or verbal comments have been received on the application. The Chairman then asked if there was anyone in attendance who wanted to address the application. There were no questions or comments on the application. At the conclusion of the Public Meeting, the Committee recommended that Council pass the proposed zoning by-law amendment. Motion No. 2 Moved by: Susan Norcross Seconded by: Walt McKechnie Be it resolved that this Committee recommends that Council approve the proposed Zoning By-law amendment for the lands of Dennis Debler Well Drilling Ltd. in Part Lots 1 and 2, Concession 1, in the Geographic Township of Dysart, which would change the zone on the subject lands from the Rural Type 1 zone (RU1) to the Rural Residential 10 Exception zone (RR-10). (Ref. Dennis Debler Well Drilling Roll No , ) CARRIED 2) Zoning By-law Amendment Lands of Frybort and Hamilton Part Lot 22, Concession 3 Geographic Township of Guilford Public Present: as attached The purpose of the proposed zoning by-law amendment is to change the zone on the subject lands from "CH" (the Highway Commercial zone) to "RR-10" (the Rural Residential 10 Exception zone). No one attended on behalf of the applicant. The applicants own property that was once used for highway commercial purposes. It has since been converted to a residential use. They now request a zone change to recognize the existing residential use and implement a 30 metre front lot line setback. Notice of the proposed zoning by-law amendment, including the date and time of the meeting, was circulated to all persons and agencies required by regulation, on April 3rd, An advertisement was placed in the local newspaper. The Committee reviewed the planning report, dated April 30th, 2012 and discussed the proposal. Page 4 of 43

5 The Secretary briefly outlined the proposal and the notification process. She advised the Committee that the County of Haliburton has no concerns with the application. No other written or verbal comments have been received on the application. The Chairman then asked if there was any one in attendance who wanted to address the application. There were no questions or comments on the application. At the conclusion of the Public Meeting, the Committee recommended that Council pass the proposed zoning by-law amendment. Motion No. 2 Moved by: Susan Norcross Seconded by: Walt McKechnie Be it resolved that this Committee recommends that Council approve the proposed Zoning By-law amendment for the lands of Frybort and Hamilton in Part Lot 22, Concession 3, in the Geographic Township of Guilford, which would change the zone on the subject lands from the Highway Commercial zone (CH) to the Rural Residential 10 Exception zone (RR-10). (Ref. Frybort & Hamilton - Roll No ) CARRIED 3) Zoning By-law Amendment Lands of Ontario Inc. Part Lot 11, Concession 8 Geographic Township of Dysart Public Present: as attached The purpose of the proposed zoning by-law amendment is to change the zone on the subject lands from "RS" (the Suburban Residential zone) to "CH-xx" (the Highway Commercial xx Exception zone). Mr. Gerry Walker, Mr. Leo Palozzi and Mr. Tom Lucas attended in support of the application. Several members of the public attended to voice their concerns with the application (see the attached list). The owners would like to rezone the subject lands to permit the construction of a Tim Horton's style restaurant. The proposed by-law permits a drive through restaurant and a restaurant. The applicant has requested the following site specific zone provisions: - front lot line setback: 8.3 metres reduced from 13.5 metres - street setback: 24 metres reduced from 28.5 metre - all other provisions of the CH zone will apply. The proposed restaurant will be serviced with municipal sewers and a private water system. The owners will provide information on water usage. Notice of the proposed zoning by-law amendment, including the date and time of the meeting, was circulated to all persons and agencies required by regulation, on April 3rd, An advertisement was placed in the local newspaper. The Committee reviewed the planning report, dated May 3rd, 2012 and discussed the proposal. Page 5 of 43

6 The Secretary briefly outlined the proposal and the notification process. She advised the Committee that the County Roads Department do not object to the proposal and will address their concerns through the traffic study, storm water management plan and site plan approval process. The Secretary noted that several letters have been received from residents. She summarized the letters for those in attendance. Generally the concerns are: - alternate locations away from residential areas; - traffic safety; - traffic noise; - parking concerns, including large trucks and insufficient parking spaces; - pedestrian and cyclist traffic and safety; - impact of 24 hour operation; - light pollution; - idling cars and air pollution; - garbage, recycling, littering, odour and animal nuisance; - impact to downtown businesses; - loss of privacy; - loss of real estate values; and - blasting. The Chairman then invited the land owner and the developer to explain the project. Mr. Gerry Walker spoke first. Mr. Walker introduced himself as the land owner. He noted that the Official Plan permits commercial uses and this will increase the municipal tax base. The TDL Group Corp. approached him several years ago about the site, although they were considering four or five sites at the time. He opined that Tim Hortons is a good corporate partner and gave as an example the curling bonspiel sponsored by the company two years ago. He has tried to work with the neighbours to address concerns. Mr. Eddie Lehman asked if Mr. Walker would be the franchise owner. Mr. Walker answered no. Mr. Leo Palozzi introduced himself as the planner for the TDL Group Corp. He also introduced Tom Lucas, who is with the real estate department of the firm. Mr. Palozzi noted that the TDL Group did consider four or five alternative sites but for either economic reasons or soil conditions they feel that this is the best location. He noted that to accommodate traffic safety, they have moved the entrance as far west on the property as possible. They have also designed the facilities so that parking, order stations, garbage containers etc. are at the rear of the property. The front will be properly landscaped. He then reviewed the lighting plan, noting that all fixtures will be oriented down and inside the property. There is very limited light trespass. He confirmed that the restaurant will be a 24 hour operation. He also confirmed that the company will accept additional conditions with respect to landscaping. Ms. Karen Warren asked a question about truck parking. It was noted that if there are "no parking" signs, these will be enforced by the OPP. Mr. Sid Woolley owns property across the road from the proposed location. He expressed concerns about traffic safety, particularly, at his driveway entrance. He felt that there will be increased health concerns from the exhaust from cars. He is concerned about the impact of blasting. Ms. Patty Brydon spoke next. She also owns property across the road from the proposed site. Although she looks forward to the company coming to the area, she does not think this is the right location. She listed several reasons including traffic; visibility for ingress and egress; the dangerous location; parking, especially for large trucks and vehicles towing trailers and boats; and the impact to the residential neighbourhood. She feels that the project should be located in a commercial area, preferably out on Highway 118. She noted alternative properties. Page 6 of 43

7 Mr. Don Leask introduced himself as a neighbour. He also has concerns about traffic. He cautioned that this decision will be forever and must be made carefully. He noted that there are no letters of support. In response to a question, Ms. Jane Tousaw confirmed that the traffic study is being peer reviewed. The engineers will recommend a traffic design. Mr. Palozzi noted that the comments that he has received to date indicate that there will not be a substantial change to the traffic flow design. Mr. Len Logozar asked a number of questions including: - when was the traffic study was conducted; - were there summertime counts; - will proper turning lanes be constructed to address traffic safety hazards; - who will pay for this upgrade; - will there be sidewalks; and - how was parking estimated. Mr. Palozzi indicated over that the traffic study was prepared over the past six months according to standard engineering practices. It will be peer reviewed by the County and their engineers. He confirmed that they will contribute to the cost of installing sidewalks. Mr. Logozar also noted that the requested exemption for the front lot line setback should not be supported. He summarized his comments, suggesting that the company should look at a new location that does not impact a residential neighbourhood. Mr. Jürgen Haedicke asked why the building is not moved back. Mr. Palozzi answered, saying that they would need to blast. He confirmed that the parking meets and in fact, exceeds municipal by-law standards. Mr. Jürgen also asked why the company doesn't choose a different location. He noted that employees will require also parking. Ms. Chris Lynd noted that the road widening should happen now. She then asked about the approval process. The Secretary briefly outlined the options for the Committee to consider when addressing the file. Mr. Walker noted that the long term traffic study, undertaken by the County of Haliburton, gives direction to upgrades along the road. Ms. Jerylynn Crayden noted that there are no late night restaurants in the community and opined that this would be a busy spot at night. Ms. Sherry Schell felt that traffic from the Tim Hortons restaurant would impede school bus traffic. Ms. Kim Stamp noted that not all residents of the area can afford to drive to the location. She noted the need for sidewalks and bike lanes and questioned who would pay for this upgrade. As a real estate agent, she wondered how neighbours would be compensated for the loss of property values. Mr. Peter Warren asked how many patrons per day are needed to make the store economical. Mr. Lucas answered by saying that the company would not be interested in the site if it wasn't economical. Mr. Lehman noted that the social housing project is planned for an adjacent property. Ms. Marilyn Mighton questioned how many full time jobs would be created. It was noted that there would be forty jobs. Some jobs would be full time and some jobs would be part time. Page 7 of 43

8 Mr. Gerry Kowalski shared his experience with the construction of a Tim Hortons next to his residence in Alliston. He noted that although many concerns were raised at the time, they didn't materialize, after the restaurant was in operation. The Chairman noted that public feedback on this file is important and all comments will be considered carefully by Council. He also noted that the Commercial Areas designation was expanded in 2005 to allow for future development within the village. There were no particular concerns about this change, raised during the public meetings held at that time. At the conclusion of the Public Meeting, the Committee recommended that Council defer passage of the proposed zoning by-law amendment to allow for further discussion of: Motion No. 3 - the traffic study and its recommendations; - the building setback; and - the intent of the site plan control policies of the Official Plan. Moved by: Walt McKechnie Seconded by: Susan Norcross Be it resolved that this Committee recommends that Council defer the proposed zoning by-law amendment, for the lands Ontario Inc. in Part of Lot 11, Concession 9, in the geographic Township of Dysart, which would change the zone on the subject lands from the Suburban Residential zone (RS) to the Highway Commercial xx Exception zone (CH-xx) for discussion of among other matters of the following: - the recommendations of the traffic study; - the standard front lot line setbacks, - the intent of the Official Plan policies. (Ref Ontario Inc. - Roll No ) CARRIED OTHER BUSINESS There was no other business. ADJOURNMENT Motion No. 4 Moved by: Susan Norcross Seconded by: Walt McKechnie Be it resolved that the Public meeting be adjourned at 6:38. CARRIED Certified Correct Chair Secretary Page 8 of 43

9 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: Members of the Public Meeting Committee From: Patricia Martin, Director of Planning and Development Date: June 14th, 2012 Re: Application to Amend Zoning By-law Lands of Larue Roll No.: Part Lot 13, Concession 9 Geographic Township of Dysart RECOMMENDATION: that this Committee recommends that Council pass the proposed zoning by-law for the lands of Larue in Part Lot 13, Concession 9, in the Geographic Township of Dysart, which would change the zone on the subject lands from "RU1" (the Rural Type 1 zone) to "RR-xx" (the Rural Residential xx Exception zone) and "CH-xx" (the Highway Commercial xx Exception zone). PLANNING REPORT: (1) Background: Mr. Larue has consent from the Haliburton County Land Division Committee to sever his property into three lots (two severed parcels and one retained parcel file No. H-040/11 and H-041/11). This zoning by-law amendment application is a condition of the consent applications. The residential properties are in relatively close proximity to the industrial park. A site specific zone is required to ensure the proper separation distance between the proposed residential uses and the existing industrial uses. (2) Site Description: Staff inspected this property on February 26 th, The property appears to drains towards the wetland that is central to the Industrial Park. The property slopes moderately towards Industrial Park Road. Vegetation is primarily deciduous trees, which offers limited screening in the winter months. Slopes in the area may provide some screening for development on the proposed lots. There is an existing house on the property, which overlooks the wetland area. The following land uses surround the subject lands: Zoning By-law Amendment Application Larue Page 1 of 3 Page 9 of 43

10 Intersection of Industrial Park Road and College Drive: limited industrial uses and an existing accessory dwelling. South of Industrial Park Road: self-service storage units. West of College Road: vacant but zoned for rural land uses. North-east of the property: residential uses (Sandford Court). South-east of the property: vacant but zoned for highway commercial uses. (a) Lot Dimensions: Frontage Area Lot m (675+ ft)** 2.2+ ha (5.5+ ac) Lot m (640+ ft)** 3.5+ ha (8.7+ ac) Retained m (280+ ft) 4.3+ ha (10.8+ ac) ** as per the by-law definition and estimated by staff from the property sketch. (b) Existing Development: Lot 1 - vacant Lot 2 - vacant Retained single family dwelling (c) Frontage: Lot 1 College Drive Lot 2 College Drive Retained Industrial Park Road (d) Access: Lot 1 College Drive Lot 2 College Drive Retained Industrial Park Road (e) Road Allowance: N/A. (3) Provincial Policy (a) Conformity: Yes. (b) Applicable Policies: Policy Policy Policy Policy 1.7.1(e) Policy 2.1 Healthy, Liveable, Safe Communities Settlement Areas Sewage and Water Services Sensitive Land Uses Natural Heritage (a) Comments: Residential uses are considered to be "sensitive land uses". Provincial Policy requires that sensitive land uses be separated from industrial uses. The Province has set the following minimum separation distances for development: - within 20 metres of a Class I industrial use. - within 70 metres of a Class II industrial use. - within 300 metres of a Class III industrial use. (c) The subject lands include land that maintains a minimum separation distance of 300 metres from the Haliburton Waste Disposal Site and from Roberts Austin Fuels Ltd. The proposed zoning amendment will define this separation distance. (4) Official Plan Designation: Rural Area (a) Conformity: Yes. (b) Applicable Policies: Section Section Section 3.1 Protection and Enhancement of the Environment Promotion of Industrial and Commercial Development General Principles for Efficient and Cost-effective Development Zoning By-law Amendment Application Larue Page 2 of 3 Page 10 of 43

11 Section Section 4.1 Section 4.6 Section 4.7 Section Section Section Section 5 Section 19 Section 19.4 Section Water Supply and Sewage Disposal Other Areas Settlement Patterns Site Conditions - Lot Shape and Size Road Access Land Use Compatibility Waste Disposal Sites Consents Resource Protection Policies Rural Areas Rural Residential Uses Waste Disposal Site Compatibility Report (c) Comments: The subject lands include land that maintains a minimum separation distance of 300 metres from the Haliburton Waste Disposal Site and from Roberts Austin Fuels Ltd. The proposed zoning amendment will define this separation distance. (5) Present Zoning: (a) Present Zoning: Rural Type 1 (RU1) (b) Requested Zoning: Severed parcels: RR-xx zone. A 300 metre setback to the M boundary zone will apply for all residential uses. Retained parcel: CH-xx zone. Uses are restricted to uses that are compatible with the adjacent residential use. (c) Comments: all new residential uses will be consistent with the provincial guidelines for sensitive land uses. The CH exception zone recognizes the existing (and historic use) of this property and encourages a gradual transition to a non-sensitive land use. (6) NOTIFICATION AND CIRCULATION Notice of the public meeting for the proposed zoning by-law amendment was circulated to all persons and agencies required by regulation on June 5th The required advertisement was placed in the local paper. No comments have been received from any persons or agencies as of the date of this report. SUMMARY: The proposal recognizes the intended residential uses and establishes zone provisions to protect that use from the nearby industrial uses. The proposal is generally consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following are attached to this report: the draft zoning by-law amendment; the purpose and effect; key map; and the property sketch. Zoning By-law Amendment Application Larue Page 3 of 3 Page 11 of 43

12 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 (Lands of Larue) 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 , as amended. AND WHEREAS a public meeting was held on July 3rd, 2012 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 the following as a by-law: 1. Schedule "A", Map 1 of By-law , as amended, is hereby further amended by changing the zone symbol on Part Lot 13, Concession 9, in the geographic Township of Dysart from "RU1" (the Rural Type 1 zone) to "RR-xx" (the Rural Residential xx Exception zone) and "CH-xx" (the Highway Commercial xx Exception zone), as shown on Schedule "A", attached hereto, and forming part of this By-law. 2. Section to By-law , as amended, is hereby further amended by the addition of the following subsections: RR-xx Exception Zone (By-law ) Despite any provision to the contrary of Section 5, or any other provision of this By-law, within the RR-xx Exception Zone, the following provisions shall apply: (a) Definitions: Minimum setback distance, M zone: means the least permitted distance between the M zone boundary and the nearest part of any residential use. (b) Permitted uses: All permitted uses in the RR zone. (c) Zone provisions: - Minimum setback distance, M Zone: 300 metres All zone provisions applicable to the RR Zone. 2/ Page 12 of 43

13 - 2 - (d) All other provisions of this By-law as applicable to a RR Zone shall apply. 3. Section to By-law , as amended, is hereby further amended by the addition of the following subsections: CH-xx Exception Zone (By-law 2012-xx) Despite any provision to the contrary of Section 7, or any other provision of this By-law, within the CH-xx Exception Zone, the following provisions shall apply: (a) Permitted uses: an accessory dwelling a business office a clinic a commercial school or club a garden centre a marina a merchandize service shop a personal service shop a printing shop a professional office a public use a recreational establishment a retail store a self service storage building a vehicle agency open storage (b) Zone provisions: All zone provisions applicable to the CH Zone. (c) All other provisions of this By-law as applicable to a CH Zone shall apply. 3. 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 xxxxxxxxxxx, Reeve: Murray Fearrey Clerk: Cheryl Coulson Page 13 of 43

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15 PURPOSE AND EFFECT OF PROPOSED BY-LAW Applicant: S. Larue Location: An application has been submitted by S. Larue to rezone his property in Part of Lot 13, Concession 9, geographic Township of Dysart, in the Municipality of Dysart et al. The property is located on College Road. Present Zoning: Rural Type 1 (RU1) Requested Zoning: Rural Residential Exception xx (RR-xx) and Highway Commercial Exception xx (CH-xx) The proposed by-law will change the zone on the subject lands as follows: from the Rural Type 1 zone (RU1) to the Rural Residential Exception xx zone (RRxx) to permit their use for rural residential purposes. A 300 metre setback from the M zone boundary will apply. from the Rural Type 1 zone (RU1) to the Highway Commercial Exception xx zone (CH-xx) to permit their use for limited highway commercial purposes, compatible with the neighbouring residential and industrial uses. This application is a condition of Application for Consent H-040/11 and H-041/11. The proposal is generally consistent with Provincial Policy. The lands are designated Rural Areas in the Official Plan of the Municipality of Dysart et al. The proposal conforms to the provisions of the Dysart Official Plan. Page 15 of 43

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18 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: Members of the Public Meeting Committee From: Patricia Martin, Director of Planning and Development Date: June 26th, 2012 Re: Application to Amend Zoning By-law Lands of Somerville Roll No.: Lot 2, Concession 2 Geographic Township of Guilford RECOMMENDATION: that this Committee recommends that Council pass the proposed zoning by-law for the lands of Somerville in Lot 2, Concession 2, in the Geographic Township of Guilford, which would change the zone on the subject lands from "RU1" (the Rural Type 1 zone) and "EP" (the Environmental Protection zone) to "RU1-xx" (the Rural Type 1-xx Exception zone) and "EP" (the Environmental Protection zone). PLANNING REPORT: (1) Background: The owner has consent from the Haliburton County Land Division Committee to sever his holdings into two lots (H-072/11). This zoning application is a condition of the severance application and applies to the severed parcel only. The property is located on Irish Line Road. An extensive wetland area exists on the subject lands. (2) Site Description: The OBM maps and the air photos show that this property is relatively flat and has been cleared of vegetation, most likely for farming. There is an extensive wetland feature on the subject lands. The subject lands include a house and frame storage building. Staff conducted a cursory site inspection on September 26th, 2011 to confirm these findings. (a) Lot Dimensions: Frontage:- Area: 402+ m (1320 ft) 40+ ha (100+ ac) (b) Existing Development: Single family dwelling: first assessed in frame storage building: first assessed in Zoning By-law Amendment Application Somerville Page 1 of 3 Page 18 of 43

19 (c) Frontage: Irish Line Road. (d) Access: Irish Line Road. (e) Servicing: individual on-site water and sewage services (private services). (f) Road Allowance: N/A. (3) Provincial Policy (a) Conformity: Generally yes. (b) Applicable Policies: Policy Rural Areas in Municipalities Policy Sewage and Water Services Policy 2.1 Natural Heritage (c) Comments: The proposal is generally consistent with Provincial Policy. (4) Official Plan Designation: Rural Area and Environmental Protection Areas (a) Conformity: Generally yes, subject to protection of the existing wetland. (b) Applicable Policies: Section 2 Basis and Objectives Section Importance of the Natural Environment Section Character of the Rural Area Section Protection and Enhancement of the Environment Section Promotion of Liveable Settlements Section 3 Public Service Policies Section Water Supply and Sewage Disposal Other Areas Section 4 General Development Policies Section 4.6 Site Conditions - Lot Shape and Size Section 4.7 Road Access Section 5 Resource Protection Policies Section Significant Natural Heritage Features - Wetlands Section 18 Environmental Protection Areas Section 19 Rural Areas (c) Comments: the following policy direction is pertinent: The County of Haliburton identifies the existing wetland on its mapping. This is now to be used as a screening tool for development applications. The County Official Plan policies require an environmental impact assessment for development within or adjacent (within 120 metres) to a wetland identified on the mapping. Alternately, the applicant can define the extent of the wetland boundary and the adjacent lands and zone these lands to a "no development zone". This policy is supported in the Dysart Official Plan (Section 5.3.4). (5) Present Zoning: Rural Type 1 (RU1) and Environmental Protection (EP) (a) Compliance: The proposed lot will comply with the RU1 and the EP zone provisions as applicable. A special RU1 exception zone is required to implement a 120 metre setback from the EP zone boundary. An exemption to this setback will be included for the existing frame storage building. (6) NOTIFICATION AND CIRCULATION Notice of the public meeting for the proposed zoning by-law amendment was circulated to all persons and agencies required by regulation on June 5th The required advertisement was placed in the local paper. Zoning By-law Amendment Application Somerville Page 2 of 3 Page 19 of 43

20 SUMMARY: The owner has consent to sever his holdings into two lots (H-072/11). This zoning by-law amendment application applies to the severed parcel only. A site specific zone is required to implement the required setback from the EP zone. An exemption will be granted for the existing frame storage building. The proposal is generally consistent with Provincial Policy and conforms to the provisions of the Dysart 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. Zoning By-law Amendment Application Somerville Page 3 of 3 Page 20 of 43

21 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 (Lands of Somerville) 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 , as amended. AND WHEREAS a public meeting was held on July 3rd, 2012 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 the following as a by-law: 1. Schedule "A", Map 3 of By-law , as amended, is hereby further amended by changing the zone symbol on Lot 2, Concession 2, in the geographic Township of Guilford from "RU1" (the Rural Type 1 zone) and "EP" (the Environmental Protection zone ) to RU1-x (the Rural Type 1-x Exception zone) and "EP" (the Environmental Protection zone ), as shown on Schedule "A", attached hereto, and forming part of this By-law. 2. Section to By-law , as amended, is hereby further amended by the addition of the following subsections: RU1-x Exception Zone (By-law 2012-xx) Despite any provision to the contrary of Section 9, or any other provision of this By-law, within the RU1-x Exception Zone, the following provisions shall apply: (a) Definitions: Minimum setback distance, EP zone: means the least permitted distance between the EP zone boundary and the nearest part of any structure. (b) Permitted uses: All uses permitted by the RU1 Zone. 2/ Page 21 of 43

22 - 2- (c) Zone Provisions: Minimum setback distance, EP Zone, frame storage building, existing on the date of passage of this by-law: Minimum setback distance, EP Zone, All other buildings and structures: 106 metres 120 metres All zone provisions applicable to the RU1 Zone. (d) All other provisions of this By-law as applicable to the RU1 Zone shall apply. 3. 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 Page 22 of 43

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24 PURPOSE AND EFFECT OF PROPOSED BY-LAW Applicant: C. Somerville Location: An application has been submitted by C. Somerville to rezone his property in Lot 2, Concession 2, geographic Township of Guilford, in the Municipality of Dysart et al. The property is located on Irish Line Road. Present Zoning: Rural Type 1 (RU1) and Environmental Protection (EP) Requested Zoning: Rural Type 1-x Exception (RU1-x) & Environmental Protection (EP) The proposed by-law will change the zone on the subject lands from the Rural Type 1 zone (RU1) and Environmental Protection (EP) to the Rural Type 1-x zone (RU1-x) and Environmental Protection (EP). The RU1-x zone will implement a 120 metre building setback from the EP zone. The proposed by-law will recognize the location of the existing frame storage building. The EP zone is more specifically delineated by this zoning by-law amendment. This application is a condition of Application for Consent H-072/11. The proposal generally conforms to Provincial Policy. The lands are designated Rural Area and Environmental Protection Area in the Official Plan of the Municipality of Dysart et al. The proposal conforms to the provisions of the Dysart Official Plan. Page 24 of 43

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27 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: Members of the Public Meeting Committee From: Patricia Martin, Director of Planning and Development Date: June 26th, 2012 Re: Application to Amend Zoning By-law Lands of Vanderburgh Roll No.: Part Lot 30, Concession 7 Geographic Township of Guilford RECOMMENDATION: that this Committee recommends that Council pass the proposed zoning by-law for the lands of Vanderburgh in Part Lot 30, Concession 7, in the Geographic Township of Guilford, which would change the zone on the subject lands from "WR4" (the Waterfront Residential Type 4 zone) to "WR3L" (the Waterfront Residential Type 3L zone), "WR5L" (the Waterfront Residential Type 5L zone) and "WR6" (the Waterfront Residential Type 6 zone). PLANNING REPORT: (1) Background: Mr. Vanderburgh has consent from the Haliburton County Land Division Committee to sever his property into three lots for waterfront residential purposes (H-067/11 and H-068/11). This zoning by-law amendment application is a condition of the severance applications. (2) Site Description: The property has not been inspected for the purpose of this report. The OMB maps and the air photographs show that the slopes on the property are variable, ranging from approximate 10% to 20+%. The property is relatively well vegetated. A site evaluation report and a site development plan have been prepared to confirm slopes, assess fish habitat and demonstrate that the proposed lots can accommodate development. (a) Lot Dimensions: Frontage Area Severed H-067: metres (500+ feet) 3.4 hectares (8.48 acres) Severed H-068: metres (375+ feet) 1.4 hectares (3.4 acres) Retained metres (350+ feet) 3.1 hectares (7.65 acres) (b) Existing Development: Severed H-067: vacant Severed H-068: vacant Zoning By-law Amendment Application Vanderburgh Page 1 of 3 Page 27 of 43

28 Retained: a seasonal dwelling, a private cabin and a boathouse (all buildings were first assessed in 1963). (c) Frontage: Redstone Lake. (d) Access: Private right of way leading from Klondike Road. (e) Shoreline Road Allowance: The boathouse encroaches upon the shore road allowance. The owner has made application to purchase the shore road allowance. (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 Redstone Lake as a lake trout lake. The Ministry of the Environment classifies this lake as a lake that can accommodate additional development. A site evaluation report is required to assess fish habitat and demonstrate that the proposed lots can accommodate development. Best management practices apply. (4) Official Plan Designation: Waterfront Area (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 4.7 Section 5 Section Section 5.2 Section Section 9 Section 9.2 Section 22 Section 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 Road Access Resource Protection Policies 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) Present Zoning: (a) Present Zoning: Waterfront Residential Type 4 (WR4) Zoning By-law Amendment Application Vanderburgh Page 2 of 3 Page 28 of 43

29 (b) Requested Zoning and Compliance: Severed H-067/11: WR6 - The proposed lot will comply with the applicable zone provisions. - The lot is vacant. A 30 metre water setback applies. Severed H-068/11: WR3L - The proposed lot will comply with the applicable zone provisions. - The lot is vacant. A 30 metre water setback applies. Retained parcel: WR5L. - The proposed lot will comply with the applicable zone provisions. - The existing buildings and structures will loose their legal non-complying status once the severance is complete. A minor variance is required as a condition of the severance application and is in process. (6) NOTIFICATION AND CIRCULATION Notice of the public meeting for the proposed zoning by-law amendment was circulated to all persons and agencies required by regulation on June 5th The required advertisement was placed in the local paper. No comments have been received from any person or agencies as of the date of this report. SUMMARY: The owner proposes to sever his property into three lots for waterfront residential purposes. This zoning by-law amendment application is a condition of the severance applications. The proposal is generally consistent with Provincial Policy and generally conforms to the provisions of the Dysart 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. Zoning By-law Amendment Application Vanderburgh Page 3 of 3 Page 29 of 43

30 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 (Lands of Vanderburgh) 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 , as amended. AND WHEREAS a public meeting was held on July 3rd, 2012 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 the following as a by-law: 1. Schedule "A", Map 3 of By-law , as amended, is hereby further amended by changing the zone symbol on Part Lot 30, Concession 7, in the geographic Township of Guilford from "WR4" (the Waterfront Residential Type 4 zone) to "WR3L" (the Waterfront Residential Type 3L zone), "WR5L" (the Waterfront Residential Type 5L zone) and "WR6" (the Waterfront Residential Type 6 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 xxxxxxxxxxxxxx, Reeve: Murray Fearrey Clerk: Cheryl Coulson Page 30 of 43

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32 PURPOSE AND EFFECT OF PROPOSED BY-LAW Applicant: C. Vanderburgh Roll No.: An application has been submitted by C. Vanderburgh to rezone his property in part of Lot 30, Concession 7, in the geographic Township of Guilford, in the Municipality of Dysart et al. This property is located on Klondike road. Present Zoning: Waterfront Residential Type 4 Zone (WR4). Requested Zoning: Waterfront Residential Type 3L (WR3L); Waterfront Residential Type 5L (WR5L); and Waterfront Residential Type 6 (WR6) The proposed by-law will change the zone on the subject lands to the WR3L, WR5L and the WR6L zone to recognize the intended waterfront residential use. A 30 metre water setback will be required for all new buildings and structures. This application is a condition of applications for consent H-067/11 and H-068/11. The proposal generally conforms to Provincial Policy. The lands are designated Waterfront Area in the Official Plan of the Municipality of Dysart et al. Page 32 of 43

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35 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: Members of the Public Meeting Committee From: Patricia Martin, Director of Planning and Development Date: June 26th, 2012 Re: Application to Amend Zoning By-law Lands of Vasey Roll No.: Lots 1, 2, 3 and 4, Concession 13 Geographic Township of Guilford RECOMMENDATION: that this Committee recommends that Council pass the proposed zoning by-law for the lands of Vasey in Lots 1, 2, 3 and 4, Concession 13, in the Geographic Township of Guilford, which would change the zone on the subject lands from "RU1" (the Rural Type 1 zone) and "EP" (the Environmental Protection zone) to "RU1-xx" (the Rural Type 1-xx Exception zone) and "EP" (the Environmental Protection zone). PLANNING REPORT: (1) Background: The owner has consent from the Haliburton County Land Division Committee to sever his holdings into two lots (H-076/11). This zoning application is a condition of the severance application. The property is located on West Shore Road. The lots will be backlots to the waterfront lots on Kennisis Lake but will comply with the zone provisions for a standard rural parcel. The retained lot also has frontage on Cat Lake. There is an existing portage between Kennisis Lake and Cat Lake that crosses the retained parcel. An extensive wetland area exists on the subject lands. (2) Site Description: This property has not been site inspected for the purpose of this report. The air photographs and the OBM maps for the area show that the property has variable topography. There are extensive wetland areas on the property. The property is generally well vegetated. (a) Lot Dimensions: Frontage Area Severed m (4592 ft) ha (88+ ac) Retained m (615+ ft) ha (140+ ac) Zoning By-law Amendment Application Vasey Page 1 of 3 Page 35 of 43

36 (b) Existing Development: vacant. (c) Frontage: Severed: West Shore Road Retained: Cat Lake (d) Access: West Shore Road. (e) Servicing: individual on-site water and sewage services (private services). (f) Road Allowance: the shore road allowance along the shore of Cat Lake has been closed and conveyed for addition to the subject lands pursuant to By-law Excepted from this conveyance is a 9.1 metre (30 foot) wide strip of land that protects the existing portage. The road allowance for West Shore Road is 20 metres wide and the Municipality received certification from the developer's surveyor that the road has been constructed on the road allowance. (3) Provincial POLICY (a) Conformity: Generally yes. (b) Applicable Policies: Policy Rural Areas in Municipalities Policy Transportation Corridors and Infrastructure Corridors Policy Sewage and Water Services Policy 2.1 Natural Heritage (c) Comments: The proposal is generally consistent with Provincial Policy. (4) Official Plan Designation: Rural Area and Environmental Protection Areas (a) Conformity: Generally, yes. (b) Applicable Policies: Section Importance of the Natural Environment Section Character of the Rural Area Section Protection and Enhancement of the Environment Section Promotion of Liveable Settlements Section 3.1 General Principles for Efficient and Cost-Effective Development Section Municipal Roads Section Water Supply and Sewage Disposal Other Areas Section 4.6 Lot Size and Shape Section 4.8 Active Transportation and Trails Section 4.7 Road Access Section 5 Resource Protection Policies Section Significant Natural Heritage Features Wetlands as identified on the County of Haliburton Wetland Mapping Section Where Development May be Permitted County of Haliburton Wetland Mapping Section 18 Environmental Protection Areas Section 19 Rural Areas (c) Comments: the following policy direction is pertinent: The County of Haliburton identifies the existing wetland on its mapping. This is now to be used as a screening tool for development applications. The County Official Plan policies require an environmental impact assessment for development within or adjacent (within 120 metres) to a wetland identified on the mapping. Alternately, the applicant can define the extent of the wetland boundary and the adjacent lands Zoning By-law Amendment Application Vasey Page 2 of 3 Page 36 of 43

37 and zone these lands to a "no development zone". This policy is supported in the Dysart Official Plan. Section 4.8 includes policies to protect the existing portage. (5) Present Zoning: Rural Type 1 (RU1) and Environmental Protection (EP) (a) Compliance: The proposed lot will comply with the RU1 and the EP zone provisions as applicable. A special RU1 exception zone is required to implement a 120 metre setback from the EP zone boundary and a 15.5 metre setback from the existing portage. (6) NOTIFICATION AND CIRCULATION Notice of the public meeting for the proposed zoning by-law amendment was circulated to all persons and agencies required by regulation on June 5th The required advertisement was placed in the local paper. No comments have been received from any persons of agencies as of the date of this report. SUMMARY: The owner has consent to sever his holdings into two lots (H-076/11). A site specific zone is required to implement the required setback from the EP zone and from the existing portage. The proposal is generally consistent with Provincial Policy and conforms to the provisions of the Dysart Official Plan. FINANCIAL IMPLICATIONS: there are no financial implications. ATTACHMENTS: the following are attached to this report: the draft zoning by-law amendment; the purpose and effect; the key map; and the property sketch. Zoning By-law Amendment Application Vasey Page 3 of 3 Page 37 of 43

38 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 (Lands of Vasey) 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 , as amended. AND WHEREAS a public meeting was held on July 3rd, 2012 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 the following as a by-law: 1. Schedule "A", Map 3 of By-law , as amended, is hereby further amended by changing the zone symbol on Lots 1, 2, 3 and 4, Concession 13, in the geographic Township of Guilford from "RU1" (the Rural Type 1 zone) and "EP" (the Environmental Protection zone ) to RU1-x (the Rural Type 1-x Exception zone) and "EP" (the Environmental Protection zone ), as shown on Schedule "A", attached hereto, and forming part of this By-law. 2. Section to By-law , as amended, is hereby further amended by the addition of the following subsections: RU1-x Exception Zone (By-law 2012-xx) Despite any provision to the contrary of Section 9, or any other provision of this By-law, within the RU1-x Exception Zone, the following provisions shall apply: (a) Definitions: Minimum setback distance, EP zone: means the least permitted distance between the EP zone boundary and the nearest part of any structure. Minimum setback distance, portage: means the least permitted distance between the centre line of an historic portage or a portage/trail identified through a planning application and/or a development agreement and the nearest part of any structure. 2/ Page 38 of 43

39 (b) Permitted uses: All uses permitted by the RU1 Zone. (c) Zone provisions: - Minimum setback distance, EP Zone: 120 metres - Minimum setback distance, Portage: 15.5 metres All zone provisions applicable to the RU1 Zone. (d) All other provisions of this By-law as applicable to the RU1 Zone shall apply. 3. 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 Page 39 of 43

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41 PURPOSE AND EFFECT OF PROPOSED BY-LAW Applicant: G. Vasey Location: An application has been submitted by G. Vasey to rezone his property in Lots 1, 2, 3 and 4, Concession 13, geographic Township of Guilford, in the Municipality of Dysart et al. The property is located on West Shore Road. Present Zoning: Rural Type 1 (RU1) and Environmental Protection (EP) Requested Zoning: Rural Type 1-x Exception (RU1-x) & Environmental Protection (EP) The proposed by-law will change the zone on the subject lands from the Rural Type 1 zone (RU1) and Environmental Protection (EP) to the Rural Type 1-x zone (RU1-x) and Environmental Protection (EP). The RU1-x zone will implement a 120 metre building setback from the EP zone and a 15.5 metre building setback from the existing portage. The EP zone is more specifically delineated by this zoning by-law amendment. This application is a condition of Application for Consent H-076/11. The proposal generally conforms to Provincial Policy. The lands are designated Rural Area and Environmental Protection Area in the Official Plan of the Municipality of Dysart et al. The proposal conforms to the provisions of the Dysart Official Plan. Page 41 of 43

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