Body: Council
Type: Agenda
Meeting: Public Zoning By law Amendment
Date: November 22, 2024
Collection: Council Agendas
[View Document (PDF)](/docs/north-frontenac/Council Agendas/2024/November 22, 2024 - Public Agenda - Zoning By-law Amendment.pdf)
Document Text
Public Meeting Agenda Amendments to Zoning By-law #55-19 9:00 AM - Friday, November 22, 2024 Council Chambers Zoom Meeting Registration
Call to Order
a) Public Notice regarding Recording of Meetings
Recorded Meetings - Notice to Public 3
Chair’s Opening Remarks (Purpose of Meeting)
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) Public Meeting - November 22, 2024
Be It Resolved That Council approves the Agenda for the Public Meeting regarding Amendments to the Township’s Zoning By-law dated November 22, 2024, as circulated.
Disclosure of Pecuniary Interest and General Nature Thereof
Presentations
a) County Planner’s Presentation and Report - Proposed Amendments to Zoning By-law #55-19
Be It Resolved That Council receives for information the presentation and report from Dmitry Kurylovich, Project Manager/Senior Planner, County of Frontenac, regarding the proposed amendments to the Township’s Comprehensive Zoning By-law #55-19; And That Council will consider am amending By-law during the Regular Meeting later today.
Planning Report Attachment 1 - Draft Amending Zoning By-law Attachment 2 - Marked Up Consolidated Zoning By-law Attachment 3 - Map of Proposed Zoning Change Attachment 4 - Map of Existing Aggregate Sites 4 - 145
Public Comments
Page 1 of 145
Council Comments
Adjournment
a) Adjournment of the Meeting
Be It Resolved That Council adjourns the Public Meeting at _______
.m
Page 2 of 145
Please be advised North Frontenac Council Meetings are recorded. By attending a
public meeting of Council, you are consenting to your image, voice and comments being
recorded.
The Chair and/or the Clerk have the discretion and authority at any time to direct the
termination or interruption of the recording. Such direction will only be given in
exceptional circumstances where deemed relevant. Circumstances may include
instances where the content of debate is considered misleading, defamatory or
potentially inappropriate to be published.
The Township shall not be responsible should technical difficulties prevent the recording
of any meeting, or a portion thereof. Technical issues may include but are not limited to
the availability of the internet connection, device failure or malfunction, unavailability of
social media platforms or power outages. It should be noted that no protection is
afforded to Council Members, Employees or the public for comments made during
Meetings which are subsequently challenged in a court of law and/or determined to be
defamatory.
Notice is hereby provided that under the authority of the Municipal Act, 2001 and in
accordance with the Municipal Freedom of Information and Privacy Act (MFIPPA), that
all information provided for at a public meeting or other public process are considered a
public record.
Members of Council, Staff, Delegates and attendees should be mindful of using names
of individuals or entities when discussing matters in public. Attendees are advised that
they may be subject to legal action if their actions result in inappropriate and/or
unacceptable behaviour or comments.
Page 3 of 145
North Frontenac Township Council | Zoning Bylaw #55-19 Housekeeping Amendment Report Page 1 of 6
Planning Report
To: Mayor and Members of Council
Prepared By:
Dmitry Kurylovich, Project Manager/Senior Planner, County of Frontenac
Reviewed By:
Sonya Bolton, Manager of Community Planning, County of Frontenac
Re:
Zoning By-law Number 55-19 Housekeeping Amendment
File Number:
Z02/24
Date Prepared:
November 11, 2024 Date of Public Meeting: November 22, 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 for consideration about the proposed amendments, and if no issues
come up, approve the following recommendation:
That the administrative housekeeping amendment Zoning By-Law Number 55-19 (File Number
Z02/24) be approved; and,
That Zoning By-Law Number 55-19 of the Township of North Frontenac, as amended, be
further amended, as per Attachment 1 (Draft By-Law 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.
Background
On July 5, 2019, Council approved Zoning By-law Number 55-19 to Regulate the Use of Land,
Buildings and Structures within the Township. Amending By-law Number 70-23 to the Zoning
By-Law was approved by Council on October 13, 2023, which included a list of administrative
amendments, and provided a consolidated version of the zoning by-law that included previous
amendments and their dates of decision by Council.
Page 4 of 145
North Frontenac Township Council | Zoning Bylaw #55-19 Housekeeping Amendment Report
Page 2 of 6
This report is prepared to provide background information and an explanation of the current
proposed administrative amendment for the Public Meeting and to inform Council’s decision.
Proposal
The purpose of this housekeeping amendment to the Zoning By-law is to provide
administrative updates such as the removal of certain definitions, updates to certain sections,
modifications to wording for clarification, and a change to the zoning of one property from Rural
(RU) to Mineral Aggregate Extraction (MXE) to recognize an existing aggregate extraction
licence. Below is an overview of the proposed amendments to the Zoning By-law. For further
details see the attached redlined zoning by-law document.
Definitions Section Changes
Definition for Backyard Chicken is removed because they are now regulated by a separate
bylaw. The definition for Backyard Chickens is found in By-law Number 68-22, being a by-law
to regulate animals in the Township.
Additional text has been added to the definition of Viewing Platform which clarifies that a
viewing platform must be constructed and located entirely on land. The purpose of this is to
separate a viewing platform from a dock.
Viewing Platform current definition: means a freestanding deck or area constructed
out of permeable material including interlocking concrete pavers, plastic or concrete grid
systems, decking or material deemed satisfactory to the Township, with no roof or
unenclosed sides but may have a guard and spindle system if required.
Viewing Platform proposed definition: means a freestanding deck or area
constructed out of permeable material including interlocking concrete pavers, plastic or
concrete grid systems, decking or material deemed satisfactory to the Township, with no
roof and unenclosed sides but may have a guard and spindle system if required and is
constructed and located entirely on land.
Section 3.1.2(b)(ix) Boathouses:
Clarification is added to the number of docks that are permitted on each property. The current
provision permits a maximum of 1 dock on each lot of record, regardless of use. The revised
section clarifies that the restriction of 1 dock per lot of record only applies to properties where a
residential use is the principal use.
This change effectively provides more flexibility to non-residential properties, such as marinas
and campgrounds, to have more than 1 dock. The design, location, and size of docks will be
assessed through Site Plan Control applications when a new commercial use is proposed or
an existing use is expanded.
Section 3.3 Backyard Chickens:
Backyard Chickens are now regulated through a different by-law. This section is therefore
removed in its entirety and now references By-law Number 68-22, being a by-law to regulate
animals in the Township.
Page 5 of 145
North Frontenac Township Council | Zoning Bylaw #55-19 Housekeeping Amendment Report
Page 3 of 6
Section 3.15 Fences:
Fences are now regulated through a different by-law. This section is therefore removed in its
entirety and now references By-law #2024-58, being a by-law to regulate fences in the
Township.
Section 3.16(d) Frontage and Access – Private Lanes/Rights-of-Way/Easements:
The modification in this section provides clarity on when Private Lanes Policies of the
Township Official Plan apply and establishes a minimum surveyed width standard of 9.1
metres (30 feet) standard for easements that provide access to only one lot of record. The
purpose of creating additional standards for single access right-of-way is to provide
consistency in requirements and ensure that the proposed right-of-way has the potential to be
upgraded in the future to accommodate safe and appropriate access for emergency vehicles.
Section 3.27(c)(vi) and Section 3.27(c)(vii) Minimum Distance Separation, Influence
Areas, and Special Setbacks – Pits and Quarries:
The modification in this section provides clarity on when the separation distances between
sensitive land uses and pits and quarries apply. This section was modified during the previous
Housekeeping Amendment (By-law Number 70-23, passed by Council on October 23, 2023).
The intent of the modification in the 2023 amendment was to exempt sensitive land uses on a
vacant lot of record that is equal to or less than 1 hectare (2.7 acres) in area and vacant lots
located in a hamlet from the minimum separation requirements of Subsections ii, iii, iv, and v of
the Zoning By-law. The modification however did not achieve this and rather exempted
applicants from study requirements and not other planning processes.
The modification to this section proposes wording that corrects the unintended interpretation
resulting from the previous amendment.
Section 3.42(a)(i) and Section 3.42(a)(ii) Swimming Pools – Outdoor Pools:
Since fences will be regulated by a new fence by-law, this section was modified to reference
the Fence By-law for provisions related to fencing requirements.
Section 4 – Zones:
References to Backyard Chickens removed from all Zones because Backyard Chickens are
now regulated by a separate by-law.
Removed Garden Suite from listed of permitted accessory uses on Residential Waterfront
(RW) and Limited Service Waterfront (LSW) to align with Section 3.2.7 of the Official Plan and
Section 3.17 – Garden Suites of the Zoning By-law which do not permit additional dwelling
units or garden suites on waterfront properties.
Site Specific Zoning By-law Amendment – 1970 Mountain Road:
The purpose of this amendment is to correct the zoning on a portion of the property located at
1970 Mountain Road from Rural (RU) to Mineral Aggregate Extraction (MXE). The purpose of
this amendment is to recognize that the property has been licensed to extract aggregate prior
to Zoning By-law Number 55-19 coming into effect. The current Rural zoning of the property
does not permit aggregate extraction.
Page 6 of 145
North Frontenac Township Council | Zoning Bylaw #55-19 Housekeeping Amendment Report
Page 4 of 6
Pre-application Consultation:
Township staff consulted with County planning staff prior to initiating this amendment.
Public Meeting Process and Public Notice
In accordance with the Planning Act, an advertisement was placed in Frontenac News 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
Email: clerkplanning@northfrontenac.ca
Comments
Algonquins of Pikwakanagan First Nation
A consultation professional representing the Algonquins of Pikwakanagan First Nation met with
Township and County planning staff on November 4, 2024 to get a better understanding of the
proposal. No concerns regarding the proposed amendment have been raised at the time of
drafting this report.
The representative from the Algonquins of Pikwakanagan First Nation advised staff on how the
Nation prefers to be contacted on planning applications related to development near natural
heritage features (waterbodies and wetlands) and new or expanding aggregate facilities.
Public Comments
At the time of writing this report, County planning staff have not received any comments from
the public.
Page 7 of 145
North Frontenac Township Council | Zoning Bylaw #55-19 Housekeeping Amendment Report
Page 5 of 6
Planning Analysis.
County planning staff are of the opinion that the proposed amendment conforms to the
Provincial Planning Statement, 2024, and the County and Township Official Plans.
Provincial Planning Statement (2024)
The Provincial Planning Statement (PPS) provides direction on matters of Provincial interest
related to land use planning and development. The PPS promotes efficient land use and
development patterns that support strong, liveable and healthy communities, protect the
environment and public health and safety, and facilitate economic growth. Under Section 3 of
the Planning Act, all municipal decisions regarding planning applications “shall be consistent
with” applicable provincial policy.
A majority of the proposed changes to the Zoning By-law are administrative in nature in that
they are intended to provide more clarity for definitions, when certain provisions apply, and
remove provisions for issues that are now regulated
[Document continues — view full PDF for complete text]
