Body: Council
Type: Agenda
Meeting: Public
Date: April 26, 2024
Collection: Council Agendas
[View Document (PDF)](/docs/north-frontenac/Council Agendas/2024/April 26, 2024 - Public Council Agenda.pdf)
Document Text
Public Council Agenda Zoning By-law Amendment - File #Z01/24 9:00 AM - Friday, April 26, 2024 Council Chambers Zoom Meeting Registration
Call to Order and Purpose of Meeting
Chair’s Opening Remarks
Traditional Land Acknowledgement
We begin this gathering by acknowledging and celebrating these traditional lands as a gathering place of the first peoples and their ancestors who are entrusted to care for Mother Earth since time immemorial. We do so respecting both the land and the Indigenous People who continue to walk with us through this world. Today, the Township of North Frontenac is committed to working with Indigenous Peoples and all residents to pursue a united path of reconciliation.
Approval of Agenda
a) April 26, 2024
Be It Resolved That Council approves the Agenda for the Public Meeting regarding Zoning By-law Amendment File #Z01/24 dated April 26, 2024, as circulated.
Disclosure of Pecuniary Interest and General Nature Thereof
Zoning By-law Amendment Application
a) File #Z01/24 - Part of Lots 28 and 29, Concession 4 and Part of Lot 29, Concession 3, Geographic Township of South Canonto (1160 Parsons Lane)
Be It Resolved That Council receives for information the Planning Report from the County Planner regarding Application File #Z01/24 for a Zoning By-law Amendment; And That Council will consider a By-law to amend Zoning By-law #55- 19 later in the Regular meeting.
Notice of Complete Application and Public Meeting Planning Report 3 - 18
Public Comments
Adjournment
a) Adjournment of Meeting
Be It Resolved That Council adjourns the Public Meeting at _______
.m
Page 1 of 18
Page 2 of 18
Notice of Complete Application and Public Meeting
Proposed Amendment to Zoning By-law #55-19, more specifically to rezone a property from Recreational Commercial (RC) to Rural (RU)
File No.:
#Z01/24
Subject Land:
Part of Lots 28 and 29, Concession 4 and Part of Lot 29,
Concession 3, Geographic Township of South Canonto (1160
Parsons Lane)
Applicant(s):
Michael Ward and Greg Ward
Take Notice That an in person and electronic Public Meeting will be held on the 26th day of April, 2024 at 9:00 a.m. in the Township of North Frontenac to consider a proposed amendment to Zoning By-law #55-19 under Section 34 of the Planning Act, RSO 1990.
The Zoning By-law Amendment Application has been deemed complete and concerns the property legally described as Part of Lots 28 and 29, Concession 4, and Part of Lot 29, Concession 3, Geographic Township of South Canonto. A key map showing the parcel which is the subject of the application is attached.
Explanation of the Purpose and Effect:
The Zoning By-law Amendment Application is a condition of Severance File #B16/23. The
applicants are creating one new lot with an area of approximately 0.83 hectares (2.07 acres)
with approximately 103 metres (337 feet) of frontage along Parsons Lane and approximately
78.6 metres (257 feet) along Canonto Lake.
The purpose of the application is to rezone the severed portion of the subject property from
Limited Service Rural (LSR) and Residential Waterfront (RW) to Limited Service Waterfront
(LSW) to reflect the proposed use.
Any Person may attend the public meeting in person or electronically to make a verbal
presentation or provide written comments either in support of or in opposition to the proposed
zoning by-law amendment. If you wish to be notified of the decision of the Township of North
Frontenac on the proposed zoning by-law amendment, please make a written request to the
undersigned.
Appeal: If a person or public body would otherwise have an ability to appeal the decision of the Township of North Frontenac to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Township of North Frontenac before the By-law is passed, the person or public is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Township of North Frontenac before the By-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
Additional Information and material related to the proposed By-law is available for inspection by contacting the undersigned.
Public Hearing: You are entitled to attend this public hearing in person; or through the use of electronic participation. Representation by counsel or an authorized agent is permitted to give evidence about this application.
To register for Electronic Participation, please visit the Township’s Website to find the Zoom Meeting link under “Planning Applications Being Considered”; email Brooke Drechsler at deputyclerk@northfrontenac.ca; or call (613) 479-2231 or 1-800-234-3953 ext. 231. Page 3 of 18
Notice of Collection: Personal information collected as a result of this Public Meeting is collected under the authority of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act, and all other relevant legislation, and will be used to assist in making a decision on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will be made available for public disclosure to members of the public, at the meeting, through requests, and through the website of the Corporation of the Township of North Frontenac. Questions regarding the collection, use and disclosure of this personal information may be directed to the undersigned.
Dated at the Township of North Frontenac this 25th day of March, 2024
Tara Mieske Clerk/Planning Manager 6648 Road 506, Plevna, ON, K0H 2M0 1-800-234-3953 or 613-479-2231 Ext. 225 clerkplanning@northfrontenac.ca
Page 4 of 18 North Frontenac Council | Z01/24 (Parsons Lane) Planning Report Page 1 of 11 Planning Report To: Mayor and Members of Council Prepared By: Jennie Kapusta, Community Planner, County of Frontenac Reviewed By: Sonya Bolton, Manager of Planning, County of Frontenac Re: Application for Zoning By-law Amendment for a Portion of a Property Located at Concession 3, Part Lot 29 and Concession 4, Part Lots 28 and 29, Geographic Township of South Canonto, Township of North Frontenac (Limited Service Rural (LSR) and Residential Waterfront (RW) to Limited Service Waterfront (LSW)) Address: 1160 Parsons Lane Legal Description: Concession 3, Part Lot 29 and Concession 4, Part Lots 28 and 29, Geographic Township of South Canonto; Parts 1, 2 and 3 on Registered Plan 13R-22985 File Number: Z01/24 (Parsons Lane) Owner(s): Michael Anthony Ward & Joseph Gregory Ward Applicant Tracy Zander – ZanderPlan Inc. Date Prepared: April 12, 2024 Date of Meeting: April 26, 2024 Recommendation: Under the Planning Act, a public meeting is required to be held to receive comments from citizens on the proposed Zoning By-Law Amendment. Planning staff recommend Council receive public comments, and subject to any issues raised at the public meeting, pass the following motion: That the application for a Zoning By-Law Amendment (File Number Z01/24) for the lot created through Consent Application B16/23 be approved; and, Page 5 of 18 North Frontenac Council | Z01/24 (Parsons Lane) Planning Report Page 2 of 11 That Zoning By-Law Number 55-19 of the Township of North Frontenac, as amended, be further amended, as per Attachment 2 (Draft By-Law and Schedule A to Amend Zoning By-Law Number 55-19); and, That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the By-Law; and, That the amending by-law be presented to Council for all three readings. Proposal: This application proposes to re-zone a 0.92 hectare (2.3 acre) parcel with approximately 103 metres (337.93 feet) of frontage along Parsons Lane and 77.4 metres (253 feet) of frontage along Canonto Lake from Limited Service Rural (LSR) and Residential Waterfront (LSW) to Limited Service Waterfront (LSW). Background On November 27, 2023, the Committee of Adjustment approved consent application B16/23 which proposed to create a new 0.92 hectare (2.3 acre) waterfront lot with frontage on Parsons Lane and Canonto Lake. As a condition of that application, the applicant is required to rezone the subject lot from the current Limited Service Rural (LSR) and Residential Waterfront (RW) to a Limited Service Waterfront (LSW) Zone prior to the creation of the new lot. The area proposed for rezoning (lot approved through application B16/23) is split-zoned between Limited Service Rural (LSR) and Residential Waterfront (RW). The separation between the LSR and RW zone lies along the border of Concession 3 and Concession 4. The new lot must be re-zoned to Limited Service Waterfront (LSW) to conform with the intent of the Zoning By-law and the Township Official Plan. The remainder of the retained lands will remain zoned as Limited Service Rural (LSR). Background Information Information Category Response Official Plan designation Rural and Waterfront Area Zoning Limited Service Rural (LSR), Limited Service Waterfront (LWS), Residential Waterfront (RW) Current size (area) of subject property 75.4 hectares (186 acres) Existing road frontage and access Bisected and accessed from Parsons Lane Waterfrontage Approximately 160 metres (524 feet) along Canonto Lake Page 6 of 18 North Frontenac Council | Z01/24 (Parsons Lane) Planning Report Page 3 of 11 Information Category Response Natural heritage features Two small waterbodies, three mapped watercourses, and small wetlands on north end of the property. The Canonto Lake shoreline of the retained parcel transitions into a wetland. Existing development A 104 square metre (1,120 square foot) dwelling. Surrounding land uses Large naturally vegetated lots of similar size to the north, east, west, and southeast. A strip of small waterfront residential lots to the southwest. Pre-application Consultation: The applicant consulted with Township and County staff prior to submitting this application and the preceding consent application. Public Meeting Process and Public Notice In accordance with the Planning Act, signs were posted on the subject property 20 days in advance of the public meeting. In addition, the public meeting notice was mailed out to property owners within 120 metres of the subject property 20 days in advance of the public meeting. Anyone may attend the public meeting and make a verbal statement, and/or submit comments in writing, either in support of or in opposition to the application. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of North Frontenac in respect of the proposed application, the person or public body is not entitled to appeal the decision of the Township of North Frontenac to the Ontario Land Tribunal. If a person or public body does not make oral submissions at the public meeting or make written submission to the Township of North Frontenac in respect of the proposed plan before the approval authority gives or refuses to give approval, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Anyone wishing to be notified of Council’s decision on the subject application must submit a written request to: Tara Mieske, Clerk/Planning Manager Township of North Frontenac 6648 Road 506 Plevna, ON K0H 2M0 Page 7 of 18 North Frontenac Council | Z01/24 (Parsons Lane) Planning Report Page 4 of 11 Email: clerkplanning@northfrontenac.ca Comments Septic Approval Authority (Township of South Frontenac) Septic evaluation was conducted as part of Consent Application B16/23 which preceded this Zoning By-law Amendment application. A septic report was received by County planning staff on November 21st, 2023. The report was prepared by Charles Tooley Construction (BCIN 18064) and dated October 31, 2023 and it concluded that the severed parcel is suitable for the installation of a new septic system. The sketch submitted by Charles Tooley placed the new septic system well beyond the required 30 metre (98 foot) waterbody setback. Mississippi Valley Conservation Authority (MVCA) MVCA staff provided comments related Consent Application B19/22 which preceded this Zoning By-law Amendment application. In an e-mail dated November 20, 2023, MVCA staff concluded that there are no shoreline slopes that meet the criteria of a potential erosion hazards and that the proposed development envelope is located outside of any required wetland setbacks. No natural hazard issues have been identified. Township Public Works County planning staff are of the understanding that Public Works were circulated on the related Consent Application B19/23 and asked to provide comments regarding the condition of Parsons Lane and whether it can support emergency vehicle access. No comments were received from the Township’s Public Works department regarding the condition of the private lane. Public Comments County planning staff are not aware of any public comments received regarding this matter. Conformity and Consistency with Policy Planning Documents Applications for zoning by-law amendment are required to be consistent with the Provincial Policy Statement, 2020 and conform to both the County of Frontenac Official Plan and the Township of North Frontenac Official Plan. It is the opinion of planning staff that the proposed zoning by-law amendment is consistent with and conforms to the planning policies of all these documents. The key policies of each document that are applicable to the subject application are outlined in Appendix B of this report, and the policy issues are addressed in the planning analysis below. Page 8 of 18 North Frontenac Council | Z01/24 (Parsons Lane) Planning Report Page 5 of 11 Township of North Frontenac Comprehensive Zoning By-Law Number 55-19 (2019) The area subject to this rezoning application is split-zoned between Limited Service Rural (LSR) and Residential Waterfront (RW). The separation between the LSR and RW zone lies along the border of Concession 3 and Concession 4. County planning staff are of the opinion that the proposed new lot must be re-zoned to Limited Service Waterfront (LSW) to conform with the intent of the Zoning By-law and the Township Official Plan. Figure 1: A portion of a map showing
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