Body: Council
Type: Agenda
Meeting: Public Meeting ZBLA #Z02 23
Date: June 29, 2023
Collection: Council Agendas
[View Document (PDF)](/docs/north-frontenac/Council Agendas/2023/June 29, 2023 - Public Council Meeting - ZBLA - #Z02-23.pdf)
Document Text
Public Council Agenda June 29, 2023 - 5:00 Municipal Office - Council Chambers 6648 Road 506, Plevna Zoom Meeting Registration
Page
Call to Order; Purpose of Meeting; and Chair’s Opening Remarks
Approval of Agenda
a) June 29, 2023
Be It Resolved That Council approves the Agenda for the Public Meeting dated June 29, 2023, as circulated.
Disclosure of Pecuniary Interest and General Nature Thereof
Zoning By-law Amendment Application
3 - 17
a) File #Z02/23 - Part of Lot 20, Concession 7, Geographic Township of Barrie - Recreational Commercial to Rural
Be It Resolved That Council receives for information the Planning Report from the County Planner regarding Application File #Z02/23 for a Zoning By-law Amendment; And That Council will consider the Zoning By-law Amendment later in the meeting.
Zoning By-law Amendment - Housekeeping By-law
18 - 291
a) County of Frontenac Planner’s Report: Zoning By-law Number 55-19 Housekeeping Amendment
Be It Resolved That Council receives for information the Planning Report from the County Planner and public comments regarding the proposed amendments to the Township’s Zoning By-law #55-19; And That Council instructs staff to review the public comments received and provide an updated Zoning By-law for consideration to Council at a future Council meeting.
Page 1 of 291 Page
Public Comments
Adjournment
a) Adjournment of Meeting
Be It Resolved That Council adjourns the Public Meeting at _______
.m
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Page 2 of 291
North Frontenac Council | Z02/23 (Gibson) Planning Report Page 1 of 11
Planning Report
To:
Members of Committee of Adjustment
Prepared By:
Dmitry Kurylovich, Community Planner, County of Frontenac
Reviewed By:
Sonya Bolton, Manager of Planning, County of Frontenac
Re:
Application for Zoning By-law Amendment for Part Lots 19 and 20, Concession 7,
Geographic Township of Barrie, Township of North Frontenac from Recreational
Commercial (RC) Zone to Rural Exception 7 Zone (RU-X7).
Address:
2769 Road 506
Legal Description: Part Lots 19 and 20, Concession 7, Geographic Township of Barrie.
File Number:
B02/23 (Gibson)
Owner(s):
Timothy Gibson (By the Bay Cottages)
Applicant
Same as owners.
Date Prepared:
June 20, 2023
Date of Meeting: June 26, 2023
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 Z2/23) for 2769 Road 506 be approved; and, That Zoning By-Law Number 55-19 of the Township of North Frontenac, as amended, be further amended, as per Attachment 3 (Draft By-Law and Schedule A to Amend Zoning By-Law Number 55-19); and, File #Z02/23 - Part of Lot 20, Concession 7, Geographic Township of Barr… Page 3 of 291 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 1.05 hectare (2.6 acre) parcel with approximately 217 metres (710 feet) of frontage along Road 506 from Recreational Commercial (RC) to Rural Exception Zone 7 (RU-X7). Background On September 26, 2022, the Committee of Adjustment approved consent application B19/22 which proposed to create a new 1.05 hectares (2.6 acres) rural residential lot with frontage on Road 506. As a condition of that application, the applicant is required to re-zone the subject lot from the current Recreational Commercial (RC) Zone to a site specific Rural Exception Zone prior to the creation of the new property. The current zoning of the property only permits residential uses as accessory to commercial uses (Golf Course, Hotel, Marina, Motel, Tourist Establishment). For the lot to be severed and used primarily for a new principal residential use, a re-zoning of the land is required. The intent of the re-zoning is to make sure that the lot can support a new principal residential use in the future and to formalize the technical limitations associated with the installation of a new septic system in accordance with At-Capacity Lake policies and input received from the Ministry of Environment Conservation and Parks. The remainder of the retained lands will remain zoned as Recreational Commercial (RC). Background Information Information Category Response Official Plan designation Rural and Waterfront Area Zoning Recreational Commercial (RC) Current size (area) of subject property 6.24 hectares (15 acres) Existing road frontage and access 600 metres (1,965 feet) of frontage on Road 509 North Frontenac Council | Z02/23 (Gibson) Planning Report Page 2 of 11 File #Z02/23 - Part of Lot 20, Concession 7, Geographic Township of Barr… Page 4 of 291 Information Category Response Waterfrontage 386 metres (1,266 feet) of waterfront along Mississagagon Lake. Natural heritage features Shoreline of an At-Capacity Lake Trout Lake. Existing development Commercial resort and an accessory residential use. Surrounding land uses Waterfront residential lots to the north and west, large naturally vegetated lots to the south across Road 506, Mississagagon Lake to the north and east. 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: North Frontenac Council | Z02/23 (Gibson) Planning Report Page 3 of 11 File #Z02/23 - Part of Lot 20, Concession 7, Geographic Township of Barr… Page 5 of 291 Tara Mieske, Clerk/Planning Manager Township of North Frontenac 6648 Road 506 Plevna, ON K0H 2M0 Email: clerkplanning@northfrontenac.ca Comments Septic Approval Authority (Township of South Frontenac) South Frontenac staff provided comments on Consent Application B19/22 which preceded this Zoning By-law amendment. Comments dated September 12, 2022 indicate no objection to lot creation as long as the new sewage system is placed on the western half of the lot as identified by MECP. No additional comments were received regarding this application. Mississippi Valley Conservation Authority (MVCA) MVCA staff provided comments related Consent Application B19/22 which preceded this Zoning By-law Amendment. Comments dated September 9, 2022 indicated no objections to the application as submitted. There were no natural or human-made hazards identified on the subject property. No additional comments were received from MVCA regarding this application. Ministry of the Environment, Conservation and Parks (MECP) Planning staff consulted with MECP on Consent Application B19/22 because the lot has frontage on Mississagagon Lake which MECP have identified as an at-capacity lake trout lake. At-capacity lake policies prohibit the creation of new lots or installation of new septic systems within 300 metres (984 feet) of an at-capacity waterbody, unless the tile field is located outside of the lake’s catchment area, or in an area where water flows away from the shoreline of the lake. MECP staff worked with County planning staff to find a suitable septic area that falls outside of the catchment area for Mississagagon Lake. There is an area at the southwest side of the proposed lot, approximately one acre in size that meets the setback required to site a septic system. MECP stated that the proposed lot creation will meet the intent of the policies as long as the future septic system is located within the western half of the property. No additional comments were received from MECP regarding this application. Public Comments County planning staff are not aware of any public comments received regarding this matter. North Frontenac Council | Z02/23 (Gibson) Planning Report Page 4 of 11 File #Z02/23 - Part of Lot 20, Concession 7, Geographic Township of Barr… Page 6 of 291 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. Township of North Frontenac Comprehensive Zoning By-Law Number 55-19 (2019) The subject property is currently zoned as Recreational Commercial (RC) in the Township of North Frontenac Zoning By-Law Number 55-19. The RC zone permits commercial uses such as a marina, hotel, motel, golf course, and tourist establishment subject to receiving site plan approval from the Township. The RC zone also permits various accessory uses which include dwellings, retail stores, restaurants, etc. The area subject to this re-zoning application is intended to be a separate lot of record that will not support any recreational commercial uses. Instead, the applicant wishes to use the property for residential uses only. Since the RC zone does not permit residential uses as principal uses, a re-zoning of the lot is required to a more appropriate zone (Rural). Furthermore, the new lot is also located entirely within 300 metres (984 feet) of an At- Capacity Lake Trout Lake. Section 4.10.8.A of the Township’s Official Plan prohibits the creation of new lots or installation of new septic systems within 300 metres (984 feet) of an at-capacity waterbody, unless the tile field is located outside of the lake’s catchment area, or in an area where water flows away from the shoreline of the lake. County staff consulted with the Ministry of Environment Conservation and Parks (MECP) who advised that the western half of the property appears to be located outside of the lake’s catchment area. MECP concluded that the placement of a septic system in this area would meet the intent of the At-Capacity Lake Trout Lake policies. In accordance with the proposed use of the property as well as the comments provided by MECP, the proposed new lot will be re-zoned to Rural Exception Zone 7. The Rural Zone permits residential uses and requires a minimum lot area of 0.8 hectares (1.98 acres) with a minimum frontage of 46 metres (151 feet) on a Township maintained road. The ‘Exception’ portion of the Rural Zone for this lot will limit the location of any future septic system installation to the western half of the subject property to ensure that any new development and sewage system installation complies with the policies of the Township Official Plan. A copy of the draft amending by-law has been included as Attachment 3 to this report. North Frontenac Council | Z02/23 (Gibson) Planning Report Page 5 of 11 File #Z02/23 - Part of Lot 20, Concession 7, Geographic Township of Barr… Page 7 of 291 The retained RC-zoned lands exceed the minimum 4 hectare (9.88 acre) lot area requirement for Tourist Establishments. Overall Country planning staff are of the opinion that the proposed zoning by-law amendment will allow for the proper and orderly development of the lot and align with the purpose and intent of the Township’s Zoning By-law. Planning Analysis and Considerations This application was reviewed against the policies of the Provincial Policy Statement, the County of Frontenac Official Plan, and the Township of North Frontenac Official Plan. The analysis below summarizes all relevant policies by theme. A list of all land- use planning policies relevant to these applications are found in Appendix B of this report. Rural Character This re-zoning application will ultimately result in the creation of a new rural residential lot that meets the provisions of the Township Zoning By-law and fit into the surrounding area, without taking away any land that is currently being used for the existing commercial operation on the subject land. Overall, this application is not anticipated to have a negative impact on the rural character of the surrounding area. Natural Heritage The major constraining factor associated with this proposal and the preceding consent application was related to the At-Capacity designation of Mississagagon Lake. As stated above, Section 4.10.8.A of the Township’s Official Plan prohibits the creation of new lots or installation of new septic systems within 300 metres (984 feet) of an at-capacity waterbody, unless it can be demonstrated that the septic system can be located outside of the lake’s catchment area, or in an area where water flows away from the shoreline of the lake. Based on data and comments received from the MECP, it appears that the western half of the lot proposed to be created is located outside of the Lake’s catchment area and it has therefore been concluded that an installation of a septic system on the w
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