The Corporation of the City of Kawartha Lakes AGENDA PLANNING

Transcription

The Corporation of the City of Kawartha Lakes
AGENDA
____________________________________________________________
PLANNING COMMITTEE
DATE: WEDNESDAY, MAY 13, 2015
OPEN SESSION COMMENCING AT 1:00 P.M.
COUNCIL CHAMBERS
CITY HALL
26 FRANCIS STREET, LINDSAY, ONTARIO, K9V 5R8
MEMBERS
Mayor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Andy Letham
Isaac Breadner
Brian S. Junkin
Gord Miller
Patrick O'Reilly
Heather Stauble
Emmett Yeo
MEETING # PC2015-06
1
1.0
CALL TO ORDER AND ADOPTION OF AGENDA
2.0
DECLARATIONS OF PECUNIARY INTEREST
3.0
PUBLIC MEETING
3.1
PLAN2015-035
4 - 12
Sherry L. Rea, Planning Coordinator
An Application for Zoning By-law Amendment to implement a Draft Plan of Subdivision
(16T-12502) to permit a 66 lot residential plan of subdivision on Part Lot 24, Concession
5, Geographic Township of Ops, former Town of Lindsay, now in the City of Kawartha
Lakes being vacant land on Angeline Street North (ANGELINE STREET
INVESTMENTS INC)
3.2
PLAN2015-041
13 - 21
Ian Walker, Planner 1
An Application to amend the Township of Mariposa Zoning By-law 94-07 to rezone land
from Agricultural (A1) Zone to Agricultural Exception Twenty Eight (A1-28) Zone and
Agricultural Exception Twenty Nine (A1-29) Zone on property described as Part of Lot
18, Conc. 14, Geographic Township of Mariposa, City of Kawartha Lakes, identified as
1087 The Glen Road (MCKEOWN - Planning File D06-15-006)
3.3
PLAN2015-042
22 - 31
Mark LaHay, Planner II
An Application to amend the Township of Mariposa Zoning By-law 94-07 to rezone from
Agricultural (A1) Zone to Hamlet Residential Exception Eight (HR-8) Zone on a portion
of the subject lands and to recognize a reduced remaining Agricultural (A1) Zone lot
area with an Agricultural Exception Twenty-Seven (A1-27) Zone on property described
as Part South Half Lot 21, Concession 1, Geographic Township of Mariposa, City of
Kawartha Lakes, identified as 188 Valentia Road (WARD)
3.4
PLAN2015-043
32 - 41
2
Official Plan Amendment (D01-15-003) and Zoning By-law Amendment (D06-15-004)
Applications to permit the creation of a residential lot on the property legally described
as Part of Lot 21, Concession 8, Geographic Township of Manvers, now in the City of
Kawartha Lakes and municipally known as 1297 Hwy 7A (2264783 ONTARIO LTD)
4.0
BUSINESS ARISING FROM PUBLIC MEETING
5.0
DEPUTATIONS
6.0
CORRESPONDENCE
7.0
CITY OF KAWARTHA LAKES REPORTS
7.1
PLAN2015-038
42 - 53
Sherry L. Rea, Planning Coordinator
An Application to amend the Township of Bexley Zoning By-law to permit a drivethrough restaurant and to reduce development standards of the Highway Commercial
Exception Seven (C2-7) Zone for property described as Part of Lot 18, Gull River
Range, Geographic Township of Bexley, now City of Kawartha Lakes and identified as
6720 Highway 35 (2260384 ONTARIO INC)
8.0
ADJOURNMENT
3
The Corporation of the Gity of Kawartha Lakes
Planning Report
Report Number PLAN2OI 5-035
Date:
May 13,2015
Time: 1:00 p.m.
Place: Council Chambers
Ward Gommunity ldentifier: Lindsay
Subject:
- Ward g
An Application for Zoning By-law Amendment to implement a Draft
Plan of Subdivision (16T-12502) to permit a 66 lot residential plan
of subdivision on Part Lot 24, Concession 5, geographic Township
of Ops, former Town of Lindsay, now in the City of Kawartha Lakes
being vacant land on Angeline Street North (ANGELINE STREET
TNVESTMENTS rNC).
Author/Title: Sherry L. Rea, Planning Coordinator
sisnature '
fuVr't LWE
Recommendation:
RESOLVED THAT Report PLAN2015-035, respecting Part of Lot24,
Concession 5, geographic Township of Ops, former Town of Lindsay, now City of
Kawartha Lakes, and being vacant land on Angeline Street North, Application
No. D06-18-125 be received;
THAT Application D06-18-125, be referred back to staff in order that staff can
continue to work with the developer and his consultant to provide for an
appropriate zoning by-law amendment to implement the plan of subdivision.
Department Head:
Gorporate Services Director /
Ghief Adm inistrative Officer:
4
Report PLAN2O15-035
Angeline Street lnvestments lnc.
-
D06-18-125
Page 2 of 6
Background:
The statutory publ¡c meeting for a draft plan of subdivision and implementing
zoning by-law was held by the Planning Committee on July 4,2012 and the
applications were returned to Planning Committee on February 11,2015 and the
following resolution as passed:
Moved by Councillor Yeo, seconded by Gouncillor Stauble,
RECOMMEND THAT Report PLAN2015-006, respecting Part of Lot
24, Concession 5, Geographic Township of Ops, former Town of
Lindsay, now City of Kawartha Lakes, and being vacant land on
Angeline Street North, Application Nos. D05-18-106 and D06-18125, be received;
THAT the draft Plan of Subdivision (1 6T-12502), D05-18-1 6, as
shown on Appendix B, and the conditions substantially in the form
attached as Appendix C to Report PLAN2015-006, be approved and
adopted by Council;
THAT the proposed Zoning By-law Amendment, D06-18-125, be
referred back to staff for recirculation and finalization; and
THAT the Mayor and Clerk be authorized to execute any documents
and agreements required by the approval of this application.
GARR|ED PC2015-010
This report addresses the direction received from the February 11,2015
Planning Committee meeting.
The proposal is to rezone the property from the Residential One (R1), Residential
One Holding One (R1(H1)) and Residential One Holding Two (R1(H2) Zones to
the Residential Two Special (R2-S**) Zone. The zoning by-law amendment also
proposes a Parks and Open Space Special (OS-S..) Zone to recognize and
protect the erosion limits, setbacks and flood hazards of Jennings Creek. See
Appendix "A" and "8" attached.
Owner:
Angeline Street Investments Inc. (Sohan Kansal)
Applicant:
Greg DeFreitas, DeFreitas Engineering lnc.
Legal
Description:
Part Lot 24, Concession 5, geographic Township of Ops, former
Town of Lindsay, now City of Kawartha Lakes.
Official Plan:
Designated Residential on Schedule "4" on the Town of Lindsay
Official Plan and identified as containing Hazard Lands in
Schedule "Du - Natural Environmental Considerations Mapping.
Zonel,
Residential One (R1), Residential One Holding One R1(H1) and
Residential One Holding Two Rl(H2) on Schedule "A" of the
5
Report PLAN2O15-035
-
D06-18-125
Page 3 of 6
Town of Lindsay Zoning By-law No. 2000-75 and identified as
part of the Scugog River Corridor in Schedule "8" of the By-law.
TotalArea:
5.8 ha.
-
Site Servicing: Proposed full urban services
water, sanitary sewer, storm
sewer, streetlights, curb and gutter.
Existing Use:
Vacant land
Adjacent Uses:
North:
Residential (Springdale Gardens)
South & East: Draft approved residential plan of subdivision
(Woods of Jennings Creek)
Residential lots fronting Angeline Street North
West:
Rationale:
On March 3,2015, Councíl granted draft plan approval to a residentíal plan of
subdivision filed by Angeline Street lnvestments lnc. (ASl). The plan of
subdivision consists of 66 lots for single detached dwellings to be accessed from
Angeline Street North and 1 block for open space. The land is approximately 5.8
ha. and has 20 m. frontage on Angeline Street North. lt is proposed that the
internal streets will have connectivity with the Woods of Jennings Creek
residential development to the east and the Springdale Gardens residential
development to the north. The proposed development will be on full urban
services to include water, sanitary sewer, storm sewer, streetlights, curb and
gutter. Jennings Creek traverses the property along the southern limit and it is
proposed that these lands will be zoned Parks and Open Space (OS) to ensure
development occurs outside the limits of the flood hazard for Jennings Creek and
recognizes the unstable bank and erosion limits of the bank.
The developer is requesting that the lands be zoned Residential Two (R2) to
permit the residential plan of subdivision. The proposed lot frontages range from
12.2 m to 15 m. which meets the minimum lot frontage requirement in the R2
zone. All lots meet or exceed the minimum lot area requirement of 360 sq.m. The
developer is seeking additional requests to increase the maximum lot coverage
from 35% to 45o/o, a reduction in front yard setback from 7.5 m. to 6.0 m. and a
reduction in the rear yard setback to accommodate single detached dwellings
with open decks. See Appendix "A" and "8" attached.
Minor Amendments to the Draft Plan of Subdivision
Subsequent to Council's approval of the draft plan of subdivision, the applicant
has requested minor amendments to the draft plan of subdivision which the
applicant, KRCA and City staff are considering. See Appendix "C" attached. The
requested amendments and staff's comments are outlined below
1.
The applicant is requesting a reduction in the number of proposed lots
from 66 lots to 64 lots. The request is a result of the increase in the widths
6
Report PLAN2O15-035
-
D06-18-125
Page 4 of 6
of some of the lots from 12.20 m. to 13.50 m. Staff is supportive of the
reduction.
2.
The applicant ¡s requestíng a revised layout of Lots 58 to 61 (Appendix "C"
- revised draft plan). Staff is supportive of the request.
3.
The applicant is requesting the City consider the acceptance of Block 67
on the draft plan of subdivision (environmentally protected lands including
the Jennings Creek valley lands). While staff is accepting of the proposal
to recommend ownership of Block 67, it is staffs request that a 3 m. wide
undisturbed buffer along the north side of Block 67 also be under City
ownership. The 3 m. wide undisturbed buffer represents protection for the
unstable bank along the Jennings Creek valley lands. The scenario
provides for all proposed lots to be outside of the environmentally
protected lands and to rezone accordingly for its' protection. However, it
creates challenges for the applicant to retain a building footprint in the
residual land. Staff sees opportunity that will allow for developable lots and
has requested a meeting with the applicant and the developer of Woods of
Jennings Creek (Dunster lnvestments Inc.) to discuss connectivity and
cohesive development between the properties.
4.
The applicant has requested alternatives to the City's fencing condition
along the northern limit of Block 67. The concern is that the requirement
for demarcation of the 3 m. undisturbed buffer will be north of the fence
and into the proposed residential lots. The City is not in support of
alternatives and suggests if Block 67 together with the 3 m. undisturbed
buffer are under City ownership, the condition for black chain link fence
separates public and private lands and protects the limits of the unstable
bank along the Jennings Creek valley lands.
Additional lssues:
The applicant met with City staff and KRCA to discuss environmental constraints
in the Jennings Creek valley lands and as a result the following is being further
investigated.
1.
The developer is investigating a re-evaluation of the EIS prepared by
Genivar to allow for minor encroachments into the 30 m buffer from
Jennings Creek. Staff anticipates that this issue will also be discussed at
the proposed developer meeting.
2.
The developer is obtaining a certified Butternut Tree Health Assessor to
assess the health of the buttered tree located in Block 67. The protective
buffer encroaches into 3 proposed residential lots.
ln support of the application, the applicant has demonstrated conformity with the
Growth Plan for the Greater Golden Horseshoe (Growth Plan) and staff confirms
7
Report PLAN2O15-035
-
D06-18-125
Page 5 of 6
that the applicatíon is consistent with the 2014 PPS, as it serves to permit
residential development that proposes to complete a residential area and provide
connectivity with respect to road and servicing networks with the adjoining
properties.
It is a condition of draft plan approval that prior to the signing of the final plan, the
property is appropríately zoned to implement the plan and that the proposed lot
frontages and areas appearing on the final plan comply with the requirements of
the Town of Lindsay Zoning By-law. As a result of the minor amendments to the
draft plan of subdivision being requested by the applicant, staff is recommending
that the applícation for zoning by-law amendment be referred back to staff to
allow staff to continue to work with the developer.
Other Alternatives Considered:
No other alternatives were considered at this time
Fi
nancial Considerat¡ons:
There are no financial implications unless Council's considerations respecting the
approval or refusal of the requested amendment is appealed to the Ontario
Municipal Board. ln the event of an appeal, there could be costs, some of which
may be recovered from the applicant.
Relationship of Recommendation(s) To Strateg¡c Priorities:
The application aligns with Council's Strategic Priority of Creating Connections
with a focus on infrastructure, communications and relationships. The proposed
development completes a proposed residential area and provides connectivity
with respect to the road and servicing networks.
The City's Strategy Map outlines Council's Vision of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment. The application aligns with
the Prosperity Priorities and Quality of Life in that new residents will be attracted
to the City with the development of residential subdivisions that have connectivity
to new parks and open space with walking and cycling trails.
Development Services
- Planning Division Comments:
The application for zoning by-law amendment conforms to the Growth Plan and
is consistent with the 2014 Provincial Policy Statement. Conformity with the Town
of Lindsay Official Plan has been demonstrated. The applicant has requested
minor amendments to the draft approved plan of subdivision which staff generally
support. Staff respectfully recommends that the application, be referred back to
staff in order that work can continue with the developer and his consultant to
8
Report PLAN2O15-035
-
D06-18-125
Page 6 of 6
provide for an appropriate zoning by-law amendment to implement the plan of
subdivision.
Gonsultations:
No further consultations were considered at this time
Attachments:
Appendix
uAu
-
Location Map
@f'
Þ
Appendix'A'Location Map.pdf
Appendix
"B'-
Draft Approved Plan of Subdivision
E!
Þ
Appendix'B - Draft
of Subdivision da
Plan
Appendix "C"
- Proposed Revised Plan of Subdivision
Efi.
¿Bn':
Appendix'C'Revised Draft Plan
of
Phone: 705.324.9411, ext.1331 or 1-888-822-2225, ext.
E-Mail: [email protected]
Department Head: Ron Taylor
Department
Files:
D06-18-125
9
1331
APPENDX I
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The Gorporation of the Gity of Kawartha Lakes
Planning Gommittee Report
Report Number PLAN2Oí 5-041
Date:
May 13,2015
1:00 p.m.
Place: Council Chamber
Time:
Ward Community
Subject:
ldentifier:
Ward 4 - Mariposa
An application to amend the Township of Mariposa Zoning By-law
94-07 to rezone the land from Agricultural (41) Zone to Agricultural
Exception Twenty Eight (A1-28) Zone and Agricultural Exception
Twenty Nine (41 -29) Zone on property described as Part of Lot 18,
Conc. 14, geographic Township of Mariposa, City of Kawartha
Lakes, identified as 1087 The Glen Road (MCKEOWN - Planning
File D06-15-006).
Author/Title: lan Walker, Planner
s
I
lr
Recommendations:
RESOLVED THAT Report PLAN201 5-041, respecting Part of South lzLot 18,
Conc. 14, geographic Township of Mariposa, Application D06-15-006, be
received;
THAT a Zoning By-law Amendment respecting application D06-15-006,
substantially in the form attached as Appendix 'C' to Report PLAN2015-041 , be
approved and adopted by Council; and
THAT the Mayor and Clerk be authorized to execute any documents and
agreements required by the approval of this application.
Department Head:
Gorporate Services Director / Othe
Ghief Admi nistrative Officer:
13
Report #PLAN2O15-041
D06-15-006 (MCKEOWN)
Page 2 of 5
Background:
The owners have applied for and received provisional consent from the Director
of Development Services, as delegated by Council, to sever aO.72ha.
residential lot containing a detached dwelling with two accessory structures, and
to retain the remaining approximately 33.5 ha. of agricultural land. The retained
agricultural land will be consolidated with an establíshed non-abutting farm
operation in the area also owned by the owners. There are no agricultural
buildings or structures on the retained portion of the property. As a condition of
provisional consent (application D03-14-006), the subject land is to be rezoned to
first: recognize the reduced minimum lot frontage of 3.52 m. for the proposed
residential lot; and second: to recognize the reduced minimum lot frontage of
158.33 m. and minimum lot area of approximately 33.5 ha., and to prohibit any
residential use on the retained agricultural land.
Owners:
Sonya and William Bruce McKeown
Legal Description
Part of Lot 18, Conc. 14, geographic Township of Mariposa
Designation:
Prime Agricultural, City of Kawartha Lakes Official Plan
Zone:
Agricultural (41) Zone on Schedule 'A' of the Township of
Mariposa Zoning By-law No. 94-07
Lot Area:
34.26 ha. (84.66 ac.)
Site Servicing
Residential- Private individual on-site sewage disposal and
well
Agricultural
- Unserviced
Existing Use:
Residential (severed ) / Ag ricu
Adjacent Uses:
North:
East & South:
West:
ltu
ral (retai ned
)
Forest, Agricultural
Rural Residential, Agricultural
Agricultural
Rationale:
The property is located on the north side of The Glen Road to the west of the
hamlet of Cambray (Refer to Appendix 'A'). The former Ontario Hydro corridor
forms the southwest property boundary, and traverses The Glen Road in a
southeasUnorthwest direction. The subject property and the surrounding lands
are prime agricultural land, which is to be protected and preserved from new
residential development or any other incompatible land use that may hinder
existing or future agricultural operations. Provisional consent was granted on
October 23,2014 to sever the residential lot and retain an approximately 34.7 ha
farm parcel.
The Agricultural (41) Zone must be amended to prohibit residential uses on the
retained parcel, to ensure the agricultural land will only be used for agricultural
purposes. lt must also be amended for the proposed residential lot to recognize
a reduced lot frontage of 3.52 m., and for the proposed agricultural lot to
14
Report #PLAN2O15-041
D06-15-006 (MCKEOWN)
Page 3 of 5
recognize a reduced lot frontage of 158.33 m. and reduced lot area of
approximately 33.5 ha. Refer to Appendix 'B'.
As no new buildings or uses are proposed, Minimum Distance Separation (MDS)
is not applicable.
Provincial Policies:
Growth Plan for the Greater Golden Horseshoe, 2006:
This application conforms to the Growth Plan (GP). Section 4.2.2 indicates that
Ministers, in consultation with municipalities, are to develop additional policies for
protection of areas ídentified as prime agricultural land.
Provincial Policy Statement,
201 4 (PPS):
This application is consistent with the Provincial Policy Statement (PPS).
Sections 2.3.1 and 2.3.3.2 provide that prime agricultural areas shall be
protected for long term use, and all types, sizes and intensities of agricultural
uses and normalfarm practices shall be promoted and protected in accordance
with provincial standards.
The application to rezone the proposed retained lands will protect the agricultural
use of the property and surrounding agricultural practices from incompatible
residential use as required by Section 2.3.4.1c)2. The proposed retained lot is
still of a sufficient size to operate an agricultural use and the PPS encourages the
protection of all types and sizes of agricultural use.
Therefore, this application is consistent with the PPS.
Official Plan Conformity:
The subject land is designated Prime Agricultural in the Official Plan. Section
1 5.1 of the Official Plan provides that agricultural land that is primarily class l -3
shall be protected from fragmentation, development and land uses unrelated to
agriculture. One of the objectives of the Official Plan is to support farming
operations as an important component of the economy, a source of employment
and a way of life for many rural resídents. This application proposes no change
to the existing land uses, and the agricultural land wíll be preserved and
protected for future agricultural use.
The City, through its Official Plan, recognizes as generally desirable the
consolidation of farms wherever possible. Dwellings that become surplus as a
result of a consolidation of non-abutting farm parcels may be the subject of a
consent provided that the agricultural land be rezoned to prohibit any residential
use.
Therefore, this application conforms to the policies of the Official Plan.
15
"ã3tT,6åifiÈ?Ë3,,9iÍ,
Page 4 of 5
Zoning By-Law Gompliance:
The land is zoned Agricultural (41) in the Township of MariposaZoning By-law
94-07. The A1 Zone provides that where a consent is given to create a
residential lot in an agricultural zone it must comply with the provisions of the
Rural Residential Type One (RR1) Zone. The lot to be created complies with the
lot area of the RRl Zone, but does not meet the minimum lot frontage, due to the
"flag shaped" configuration, to minimize impacts to the agricultural operation.
The lot to be retained does not meet the minimum lot area and frontage
requirements of the A1 Zone. The purpose of the zoning amendment is to
prohibít residential use on the retained property and maintain the agricultural use
of the land, and to recognize the deficient lot area (proposed retained) and lot
frontages. The application complies with all other relevant provisíons of the
Zoning By-law.
Other Alternatives Gonsidered:
No other alternatives have been considered.
Fi
nancial Gonsiderat¡ons:
There are no financial considerations unless council's decision to adopt or its
refusal to adopt the requested amendment is appealed to the Ontario Municipal
Board. ln the event of an appeal, there would be costs, some of which may be
recovered from the applicant.
Relationship of Recommendations To Strateg¡c Priorities:
Council has identified four strategic priorities which include enhancing tourism,
managing aggregates, developing a knowledge-based economy, and creating
connections. This application does not directly impact or align with a specific
Strategic Priority.
The City's Strategy Map outlines Council's Vision of a Communíty Pursuing
Prosperity, Quality of Life and a Healthy Environment. This application aligns
with the prosperity priorities in that it provides opportunity to expand the
economic base by maintaining and expanding the agricultural employment base.
Review of Accessibility lmplications of Any Development or
Policy:
There are no accessibility implications for the City.
Servicing Comments:
The agricultural land is unserviced. The existing single detached dwelling on the
land to be severed is serviced by a private sanitary sewage disposal system and
individualwell.
16
Report #PLAN2015-041
Do6-15-006 (MCKEOWN)
Page 5 of 5
Gonsultations:
Notice of this application was circulated to the prescribed persons within a 500
metre radius, agencies, and City Departments which may have an interest in the
application. No issues were raised as a result of circulation.
The applicatíon conforms to the Growth Plan and is consistent with the Províncial
Policy Statement. The application also conforms to the policies of the Official
Plan. The rezoning will ensure the subject land is preserved for agricultural use.
All other zoning provisions within the Agricultural Zone will be maintained.
Conclusion:
The application conforms to the provincial policies concerning prime agricultural
areas. The application also conforms to the Prime Agricultural designation
policies in the City's Official Plan. Staff support the application based on the
information contained in this report and the comments received as of April 30,
2015. Staff respectfully recommends that the application be referred to Council
for APPROVAL.
Attachments:
Appendix'A'
$f'*
-
Location Map
-
Sketch for Consent Application
Þ
Appendix A.pdf
Appendix 'B'
rFlÞ
- dated February 11,2015
Appendix B.pdf
Appendix 'C'
ryt.È
- Draft Zoning By-law Amendment
Appendix C, pdf
Phone:
705-324-9411 ext.1368 or 1-888-822-2225 ext. 1368
E-Mail:
iwal ker@city. kawarthalakes.on. ca
Department Head:
Ron Taylor
Department File:
D06-15-006
17
GEOGRAPHIC TOWNSHIP OF MARIPOSA
Concession 14
APPENDIX
to
;
REPORT
SUBJECT LAND
The Glen Road
Concession 13
Lot 17
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APPENDIX
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E CORPORATION OF THE CITY OF KAWARTHA LAKES
s
REPORT
BY-LAW 2015.
FILE NO.
TO AMEND THE TOWNSHIP OF MARIPOSA ZONING BY.LAW NO. 94.07
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File D06-15-006, Report PLAN2015-041 respecting Part South %of Lot 18, Conc. 14,
geographic Township of Mariposa, identified as 1087 The Glen Road - MCKEOWN.I
Recitals:
1
.
2.
3.
4.
Section 34 of the Planning Act authorizes Council to determine the appropriate
zoning categories and provisions assigned to land.
Council has received an application to amend the categories and provisions
relating to a specific parcel of land to prohibit residential use on the agricultural
portion of the subject land, and to recognize deficient lot frontages (proposed
severed and retained) and lot area (proposed retained).
A public meeting to solicit public input has been held.
Councildeems it appropriate to rezone the Property.
Accordingly, the Gouncil of The Corporation of the City of Kawartha Lakes
enacts this By-law 2015-_.
Section 1:00 Zoning Details
1.01
Property Affected: The Property affected by this by-law is described as Part
South % of Lot 18, Conc. 14, geographic Township of Mariposa, City of
Kawartha Lakes.
1.02
Textual Amendment: By-law No. 94-07 of the Township of Mariposa is further
amended to add the following section to Section 8.3:
8.3.28
AGRICULTURAL EXCEPTION TWENTY EIGHT A1-28 ZONE
8.3.28(a) Notwithstanding Section 8.1, on lands zoned "A1-28', a residential
dwelling shall not be a permitted use.
8.3.28(b) Notwithstanding articles 8.2.1.1and8.2.1.2,\and zoned "Al-28" shall
have a minimum lot area of 33.5 ha., and a minimum lot frontage of
158.33 m.
8.3.29
AGRICULTURAL EXCEPTION TWENTY NINE 41.29 ZONE
8.3.29(a) Notwithstanding article 8.2.1.7, on land zoned"Al-29", a lot created
by consent shall have a minimum lot frontage of 3.52 m.
1.03
Schedule Amendment: Schedule 'A' to By-law No. 94-07 of the Township of
Mariposa is further amended to change the zone category from the Agricultural
(A1) Zone to the Agricultural Exception Twenty Eight (Al-28) Zone for the land
referred to as'41-28', and from the Agricultural(41) Zone to the Agricultural
Exception Twenty Nine (41-29) Zone for the land referred to as '41-29', as
shown on Schedule 'A' attached to this By-law.
Section 2:00 Effective Date
2.01
Effective Date: This By-law shall come into force and take effect on the date it
is finally passed, subject to the provisions of Section 34 of the Planning Act.
By-law read a first, second and third time, and finally passed, this ** day of ***, 2015.
Andy Letham, Mayor
20
Judy Currins, City Clerk
THE CORPORATION OF THE CIW OF
KAWARTHA LAKES
THIS IS SCHEDULE
THIS
.A'TO BY-LAW
PASSED
2015.
DAY OF
MAYOR
CITY CLERK
Concession 14
A1-28
The Glen Road
A1 -29
Concession 13
17
Lot 18
21
19
The Gorporation of the Gity of Kawartha Lakes
Planni ng Gommittee Report
Report Number PLAN201 5-042
Date:
May 13,2015
1:00 p.m.
Place: Council Chamber
Time:
Ward Community
Subject:
ldentifier:
Ward 8 - Mariposa
An application to amend the Township of Mariposa Zoning By-law
94-07 to rezone from Agricultural (41) Zone to Hamlet Residential
Exception Eight (HR-8) Zone on a portion of the subject lands and
to recognize a reduced remaining Agricultural (41) Zone lot area
with an Agricultural Exception Twenty-Seven (41-27) Zone on
property described as Part South Half Lot 21, Concession 1,
geographic Township of Mariposa, City of Kawartha Lakes
identified as 188 Valentia Road (WARD).
Author/Title: Mark LaHa , Planner ll
s¡ nature:
Recommendations:
RESOLVED THAT Report PLAN201 5-042, respecting Part South Half Lot 21,
Concession 1 , geographic Township of Mariposa, Application D06-15-005, be
received;
THAT Zoning By-law Amendment application D06-15-005, on lands described as
Part South Half Lot 21, Concession 1, geographic Township of Mariposa,
substantially in the form attached as Appendix 'B' to Report PLAN201 5-042, be
approved and adopted by Council; and
Department Head:
Corporate Services Director /
Ghief Administrative Officer:
22
D06-15-oo5 (WARD)
Page 2 of 7
Background:
The applicant has submitted this application to rezone a portion of the subject
land from an Agricultural Zone to a Hamlet Residential Exception Zone to permit
residential development in the form of single-detached dwellings on five (5)
proposed lots to be created by consent. The applicant has also submitted
Consent Application Files D03-15-043 to D03-1 5-047 , which have been
previously advertised for consideration following the outcome of the rezoning
application. The balance of the retained agricultural land will be recognized for
its reduced lot area with an Agricultural Exception Zone.
Owners:
Jim and Michelle Ward
Applicant:
Clark Consulting Services (c/o Bob Clark)
Legal Description
Part South T.Lot 21, Concession 1, geographic Township of
Mariposa
Official Plan:
"Hamlet Settlement Area"
"Prime Agricultural" with "LocaIly Significant Wetlands",
"Unevaluated Wetlands", "Significant Woodlands" and
"Significant Wildlife Habitat" Natural Heritage Features in the
City of Kawartha Lakes Official Plan
Zoning:
Agricultural (41) Zone on Schedule 'A' of the Township of
Mariposa Comprehensive Zoning By-law No. 94-07
Site Size:
36.89 ha. (91.16 ac. MPAC)
Site Servicing
Residential- Private individual on-site sewage disposal and
well proposed for each lot
Agricultural- Private individual on-site sewage disposal and
well servicing existing farm house
Existing Use:
Agricultural
Adjacent Uses
North and East: Agricultural, Forest and Wetland
South and West: Residential
Rationale:
The property is located on the east side of Valentia Road north of the intersection
of Valentia Road and north of Elm Tree Road.
The City's 2011 Growth Management Strategy identified a total of five (5)
potential dwelling units on the subject agricultural lot, which the owners propose
to sever to create five hamlet residential lots from a portion of the subject land
which is within the Hamlet Settlement Area designation. The lots range in size
from approximately 0.405 to 0.4447 ha (1 ac to 1.1 ac.). The lots would be
serviced by individual well and septic systems. All the lots would obtain access
from Valentia Road, and are located along the north arm of the hamlet of
Valentia.
23
Do6-15-005 (WARD)
Page 3 of 7
While the current zoning permits agricultural and related uses, home occupation,
kennels, riding or boarding stables and a single detached dwelling, the owner
has applied to rezone a portion of the property to Hamlet Residential to facilitate
the severance of 5 lots for single detached dwellings as proposed. A zoning
amendment is also necessary as the retained lot will not comply with the A1
Zone minimum lot area requirement of 38 ha.
The applicant has submitted documentation which demonstrates that the
proposal complies with the applicable MDS provisions, and the agricultural use
on the property can continue and remain viable.
Supportinq Documentation
The applicant has submitted the following reports in support of the Zoning By-law
Amendment application, which have been circulated to various City Departments
and commenting agencies for review:
o
.
o
o
.
Planning Justification Report prepared by Clark Consulting Services dated
November 2014. The report discusses and assesses the proposal in
context of the 2014 Provincial Policy Statement, Growth Plan, and the
Council adopted City of Kawartha Lakes Official Plan.
HydrogeologicalAssessment Report prepared by Geo-logic dated August
2014.
Aquifer Performance Testing Report prepared by Geo-logic dated
November 10,2014.
Functional Servicing Review - Lot Grading and Drainage prepared by
Engage Engineering dated November 3,2014.
Master Lot Grading and Drainage Plan prepared by Engage Engineering
dated October 31,2014 and revised March 11,2015.
Provincial Policies:
Growth Plan for the Greater Golden Horseshoe, 2006:
The Growth Plan provides that new multiple lots and units for residential
development will be directed to settlement areas. The subject land is located
within the designated development area boundary for the Valentia Hamlet
Settlement Area. The application conforms to the policies of the Growth Plan.
Provi ncial Pol icy Statement, 201 4 (PPS):
The portion of the subject land where the lot is proposed is classified as a
settlement area. Sections 1.1.3.1 and 1.1.3.6 directs development to settlement
areas, provides for development to occur adjacent to existing built-up areas.
Sections 1.1.4, 1.1.4.2 and 1 .1.4.3 provide for rural settlement areas to be the
focus of growth within rural areas and direct development to be of a scale
appropriate for the existing service levels and conform to the policies contained
within Section 1.1.3.
24
-"8"#i?:â#,ïi-96
Page 4 of 7
Section 1.6.6.4 of the Provincial Policy Statement (PPS) 2014 provides individual
on-site sewage and water services may be used provided that site conditions are
suitable for the long{erm provision of such services with no negative impacts. ln
settlement areas, these services may only be used for infilling and minor
rounding out of existing development. The applicant retained Geo-Logic to
prepare a hydrogeological assessment and aquifer performance testing for the
five (5) lots proposed on the portion of the subject land that is designated as a
Hamlet settlement area. The studies were prepared in August and November,
2014, respectively and conclude that sufficient water is available to service the
proposed lots.
This application is consistent with the Provincial Policy Statement (PPS) Section
1.1.5.8 provides for the promotion and protection of agricultural use. The
applicant has submitted documentation which demonstrates that the proposal
complies with the applicable MDS provisions and the agricultural use on the
balance of property, which contains an existing farm dwelling, horse barn and
paddock, goat shed enclosure, field shade shelters, pasture lands, hayfields and
wooded areas will continue.
Therefore, this application is consistent with the PPS.
Official Plan Gonformity:
The Hamlef designation provides in Sections 1 9.1 and 19.2 that small scale
residential development within existing settlement areas will be accommodated
while maintaining the character of the hamlet and ensuring that water and septic
servicing does not impact soil, water and other natural resources.
The density of development in the Hamlet designation is dependent on
groundwater capability and the compatibility of the proposed development with
the rest of the community. The hamlet designation anticipates single detached
dwellings. The proposed lots with individual services exceed the minimum lot
area of 4,000 sq. m. As per Sections 1 9.3.13 and 33.3.6 the applicant has
submitted a hydrogeological study and aquifer performance testing report to
demonstrate that there is sufficient potable groundwater and no adverse impacts
to neighbouring wells and that the proposed development and servicing is
compatible with the surrounding development without negative impacts to the
natural environment.
Therefore, this application conforms to the policies of the Official Plan.
Zoning By-Law Gompliance:
The land is zoned Rural General (41)
in the Township of
Mariposa
Comprehensive Zoning By-law 94-07. Uses in the A1 zone encompass a range
of agricultural and forestry uses, including riding or boarding stables, kennels,
and a single detached dwelling. The minimum lot area requirement is 38 ha (93.9
ac.) The normal Hamlet Residential (HR) zone would permit either a single
detached, converted or duplex dwelling on each proposed residential lot. This
residential neighbourhood is developed with single detached dwellings, on
private services (i.e. individual water
25 supply & individual sewage disposal
*"BJåÍL:â#,"ä'Rå3
Page 5 of 7
systems). Duplex or converted dwellÍngs would not be considered to
be
compatible with the existing character nor appropriate given the hydrogeological
assessment study only considered single detached dwellings. A Hamlet
Residential Exception Eight (HR-8) zone is appropriate which will permit only a
single detached dwelling and accessory uses, and a home occupation on each
proposed resídential lot, similar to what is permitted on a rural residential zoned
lot, along with a bed and breakfast establishment and a public park, which is also
permitted and in keeping with an HR Zone.
The lots to be created comply with the lot area and frontage requirements of the
'HR' zone. The retained Agricultural (41) Zoned land will require an Agricultural
Exception Twenty-Seven (A1-27) Zone to recognize its reduced lot size of
approximately 34 ha.
The application othenruise complies with the relevant provisions of the Township
of Mariposa Zoning By-law.
No other alternatives have been considered.
Fi
nancial Gonsiderat¡ons
:
There are no financial considerations unless council's decision to adopt or its
refusal to adopt the requested amendment is appealed to the Ontario Municipal
Board. In the event of an appeal, there would be costs, some of which may be
Relationship of Recommendations To Strategic Priorities:
Council has identified four strategic prioríties which include enhancing tourism,
connections. This application does not directly impact or align with a specific
Strategic Priority.
Prosperity, Quality of Life and a Healthy Environment. This application aligns
with the prosperity príorities in that it provides opportunity to attract new
residents.
Policy:
There are no accessibility implications for the City.
Servicing Comments:
The farm house on the proposed retained agricultural land is serviced with an
exÍsting private individual well and septic system. The proposed single detached
dwellings on the land to be severed will each be serviced by a private sanitary
sewage disposal system and individual 26
well.
D06-15-005 (WARD)
Page 6 of 7
Gonsultations:
Notice of this application was circulated to the prescribed persons within a 500
metre radius, agencies, and City Departments which may have an interest in the
application. A summary of the comments received is provided below:
The Building Division including Part 8 Sewage System Program has reviewed the
application and has no concerns or objection.
The Alderville, Curve Lake and Hiawatha First Nations have reviewed the
application and advised there is no immediate concern. They would like to be
kept apprised of any further development, updates, archaeological findings
and/or environmental impacts, should they occur.
Kawartha Lakes Fire & Rescue, Enbridge and Canada Post advise they have no
objection or concern.
Public Works WaterMastewater advises there is no concern regarding servícing
and the Community Services Department advises they have no concerns with
the application.
Engineering has no comment regarding the zoning amendment application but
will require a Development Agreement with the City including performance
security for the future consent applications to address improving the boulevard
on the east side of Valentia Road fronting the proposed lots with curb and gutter,
asphalt shoulder and entrances and stormwater purposes.
Public Comments:
Written comments to date have been submitted by two property owners and were
received after the initial circulation of the Consent applications in January to
create five (5) residential lots (Files D03-15-043 to D03-1 5-047). The comments
from the owners of 169 and 173 Valentia Road relate mainly to surface drainage
concerns and drainage from the proposed septic beds draining through culverts
under the road to properties to the opposite side and contaminating the ditch.
There is also concern regarding the quality and quantity of their water supply
from the additional strain on the aquifer, which may result in water problems for
their wells. The owner of 169 Valentía Road has additional concerns with
construction noise, heavy equipment and dust disturbance as well as the
proximity of the proposed homes as they operate a licensed kennel on their
property.
During the site visit that was conducted, the owner or occupant of 155 Valentia
Road, located across from the most southerly proposed lot, approached Staff
and advised that he would like assurances that his water quality and quantity will
not be affected and that surface draínage would be properly dealt with and not
impact his property.
27
-"8"JåÍ,?:â#i,ägå3
PageT of7
ln response to the public comments above, the City's Engineering and Public
Works Divisions will need to be satisfied with lot grading, drainage and
stormwater management, the design of which is included on a Master Lot
Grading and Drainage plan, which will form part of the Development Agreement
to be included as a condition of approval of the Consents to sever the proposed
lots. The City will also ensure that the recommendations of the supporting
Hyd rogeolog ical Assessment and Aq uifer Performance Testi ng Report are
acceptable to the City prior to approval of the consents for the development of
the proposed lots. With respect to the kennel, the Mariposa Zoning By-law only
restricts the establishment of new kennels within 200 metres of existing
dwellings, not new dwellings in relation to existing kennels. The kennel operation
abuts an existing residential lot to the north and there are a total of 10 lots wíth
existing dweflings within this spatial separation requirement.
- Planning Division Gomments:
The application conforms to the Grourth Plan and is consistent with the Provincial
Policy Statement. The application is consistent with the water and sewage
policies of the Provincial Policy Statement. The application also conforms to the
policies of the Official Plan. The proposed zoning change to Hamlet Residential
Exception Zone is in keeping with the character of the area and services are
available to the subject lands as per the hydrogeological assessment and aquifer
performance testing report completed by Geo-Logic. All other zoning provisions
within the retained Agricultural Zone will be maintained with an exception for a
slightly smaller agricultural lot area.
Gonclusion:
The application conforms to the provincial policies concerning settlement areas.
The application also conforms to the Hamlet Settlement Area designation policies
in the City's Official Plan. Staff support the application based on the information
contained wíthin this report and the comments received as of May I , 2015. Staff
respectfully recommends that the application be referred to Council for
APPROVAL.
Attachments:
ElÞ
þ
AppendixA'.pdf
Appendix'A'
Appendix 'B'
Ef'
Appendix'B'.pdf
- Location Map
- Draft Zoning By-law Amendment
Phone:
705-324-9411 ext. 1324 or 1-888-822-2225 ext. 1324
E-Mail:
mla hay@city. kawarthalakes.on. ca
Department Head:
Ron Taylor
Department File:
D06-15-005 28
APPENDIX
tr
REPORT
Ramsey Rd
FILE NO.
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CON.
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Lot 20
Y
Lot 21
Lot 22
SUBJECT
LAND
L-
Elm Tree Rd
K.L. Road #28
'Valentia'
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29
APPENDIX
.to
I
THE CORPORATION OF THE CITY OF KAWARTHA LAKESREPORT PiAd AOTS.OVZ
BY.LAW 2015 -
FILE
NO. ÐI\A- t5-o0<
A BY.LAW TO AMEND THE TOWNSHIP OF MARIPOSAZONING BY.LAW NO. 94.07
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File D06-15-005, Report DEV2015-042, respecting PartSouth Half Lot21,
Concession 1, geographic Township of Mariposa, City of Kawartha Lakes, identified as
188 Valentia Road - WARDI
Recitals:
Section 34 of the Planning Acf authorizes Council to determine the appropriate
2
relating to a specific parcel of land to permit five (5) residential lots for single
detached dwellings and to recognize a reduced remaining agricultural lot area.
3
A public meeting to solicit public input has been held
4
Council deems it appropriate to rezone the Property
Accordingly, the Council of The Corporation of the City of Kawartha Lakes
1.01 Propertv Affected:
The Property affected by this by-law is described as Part
South Half Lot21, Concession 1, geographicTownshipof Mariposa, Cityof
Kawartha Lakes, 188 Valentia Road.
1.02 Textual Amendment:
By-law No. 94-07 of the Township of Mariposa is further
1.03
10.3.8
Hamlet Residential Exception Eight (HR-8) Zone
10.3.8.1
Notwithstanding subsection 10.1.1 on land zoned HR-8 the only
permitted uses shall be a single detached dwelling, a bed and
breakfast establishment, a home occupation and a public park.
Textual Amendment: By-law No. 94-07 of the Township of Mariposa is further
1.04
8.3.27
Agricultural Exception Twenty-Seven (A1'271 Zone
8.3.27.1
Notwithstanding subsection 8.2.1.1, Iand zoned A1-27 shall
have a minimum lot area of 34 ha.
Mariposa is further amended to change the zone category from the Agricultural
(41) Zone to the Hamlet Residential Exception Eight (HR-8) Zone and from the
Agricultural (A1) Zone to the Agricultural Exception Twenty-Seven (41-27)
Zone for the land referred to as the 'HR-8' and 'A1'27', as shown on Schedule
'A' attached to this By-law.
2.01
Effective Date: This By-law shall come into force and take effect on the date it
***, 2015.
**
By-law read a first, second and third time, and finally passed, this day of
Andy Letham, Mayor
30Judy Currins, City Clerk
THE CORPORATION OF THE CITY OF
KAWARTHA LAKES
PASSED
THIS IS SCHEDULE'A'TO BY-LAW
THIS
2015.
DAY OF
CITY CLERK
MAYOR
æ
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Lot 20
Lot
1
21
v
HR-B
A1 -27
I
L
'Valentia'
Elm Tree Rd
(K.1. Road #28)
E
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CON. A
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31
The Corporation of the Gity of Kawartha Lakes
Planning Report
Report
N
umber PLAN2O I 5-043
Date:
May 13,2015
1:00 p.m.
Time:
Ward Gommunity
Subject:
ldentifier:
16
Official Plan Amendment (D01-15-003) and Zoning By-law
Amendment (D06-15-004) Applications to permit the creation of a
residential lot on the property legally described as Part of Lot 21,
Concession 8, geographic Township of Manvers, now in the City of
Kawartha Lakes and municipally known as 1297 Hwy 7A (2264783
oNTARTO LTD).
Author/Title: David Harding, Planner
I
S¡ nature
Recommendations:
RESOLVED THAT Report PLAN2015-043, "2264783 ONTARIO LTD
003 & D06-15-004', be received; and
- D01-15-
THAT the application respecting the proposed Amendments to the City of
Kawartha Lakes Official Plan and Township of Manvers Zoning By-law, be
referred back to staff for further review and processing until such time that all
comments have been received from all circulated Agencies and City
Departments and that any comments and concerns have been addressed.
Department Head:
Corporate Services Director / Other:
Gh
ief Adm i n istrative Officer:
32
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Page 2 of 7
Background:
The subject land is located a|1297 Highway 7A. The owner is proposing to
create a new residential lot.
Proposal
The owner has submitted an application to amend the
"Rural" designation lot creation policies and create a rural
residential zone category in order to create a residential lot.
Owners:
22647 83 Ontario Limited
Agent:
EcoVue Gonsulting Services Inc., Kent Randall
Legal Description:
Part of Lot21, Concession 8,
geographic Township of Manvers
Official Plan:
"Rural" and "Environmental Protection"
in the City of
Kawartha Lakes Official Plan.
"Natural Core Area" in the Oak Ridges Moraine Policy Area.
"Rural General (41) Zone" and "Open Space (01) Zone" in
the Townshíp of Manvers Zoning By-law 87-06.
Zoning
"Oak Ridges Moraine Core Area (ORMCA) Zone" and "Oak
Ridges Moraine Environmental Protection (ORMEP) Zone"
in the Oak Ridges Moraine Zoning By-law 2005-133.
Site Size:
80.9 ha. (200 ac. - MPAC)
Site Servicing:
Private individualwell and septic system proposed.
Existing Uses:
Ag ricultural, forest, wetland
Adjacent Uses:
North: Forest, wetland
East: Forest, wetland, agricultural
South: Agricultural, commercial, rural residential
West: Agricultural
Rationale:
The Official Plan limits the creation of residential lots within the "Rural"
designation to the following two circumstances: for a land owner who is a retiring
farmer, or to remove a farm house dwelling which becomes surplus as a result of
a farm consolidation. No development is proposed within the Oak Ridges
Moraine Policy Area.
Supportinq Documents
The applicant has submitted the following reports and plans in support of the
application, which have been circulated to various City Departments and
commentíng Agencies for review.
1.
Planning Justification Report prepared by EcoVue Consulting lnc.,
dated September 2014. The report discusses and assesses the
33
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Page 3 of 7
proposal in context of the 2014 Provincial Policy Statement, Growth
Plan, and the Council adopted City of Kawartha Lakes Official Plan.
2.
Agricultural lmpact Assessment prepared by Clark Consulting
Services, dated July 2013.
3.
Environmental lmpact Study prepared by Niblett Environmental
Associates lnc., dated September 2014.
4.
Site Plan prepared by Coe Fisher Cameron OLS dated November 18,
20'14. The Plan proposes a grading and drainage pattern for the new
lot.
5.
Septic System Design prepared by EcoVue Consulting lnc., dated
January 29,2015.
Staff has reviewed the Planning Justification Report prepared by EcoVue
Consulting lnc. in support of the official plan and zoning by-law amendments.
Staff cannot determine the appropriateness of the proposal at this time as
responses from other City Departments and commenting Agencies have not
been received. Staff is recommending that the applications be referred back to
staff until such time as commenting Agencies and/or City Departments have
submitted comments, and any concerns have been addressed, and to permit
discussions with the applicant respecting conformity to applicable policies.
Applicable Provincial Policies:
Growth Plan for the Greater Golden Horseshoe (Growth Plan):
The subject property is not located within a settlement area as defined in the
Growth Plan. Section 2.2.2.1(i) states that development should be directed to
settlement areas, except where necessary for development related to the
management or use of resources, resource-based recreational activities and
rural land uses that cannot be located in settlement areas. A residential lot is
proposed. Settlement areas include rural settlement areas such as villages and
hamlets. Residential lots containing a more rural character exist and may be
created within Hamlet Settlement Areas. The nearest Hamlet Settlement Area,
Bethany, is located approximately 600 m. from the subject property.
Sections 2.2.3.6,2.2.3.7, and 2.2.9 encourages intensification within rural
settlement areas.
Provincial Policy Statement (PPS):
The Provincial Policy Statement provides for appropriate development while
protecting resources of provincial interest, public health and safety, and the
quality of the natural environment. Portions of the proposal appear to conform to
the PPS. The following sections are particularly applicable to the proposal:
Section 1.1 .1 (a) provides for efficient development and land use patterns which
sustain the financial well-being of the Province and municipalities over the long
34
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Page 4
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term. The proposal shall introduce a non-agricultural use into an area with no
other non-agricultural uses.
Sections 1.1.3.1 and 1.1.3.3 direct development to settlement areas.
Within the PPS, the subject property is classified as both a "rural area" and "rural
land". Section 1.1 .4 recognizes the importance of rural areas and provides for the
preservation of rural character while leveraging rural amenities and assets, and
encouraging the conservation and redevelopment of existing rural housing stock.
Section 1.1.5.provides that municipalities may permit limited residential
development, and Section 1.1.5.4 provides for that development to be compatible
with the rural landscape. As stated above, a non-agricultural use is proposed
outside of a settlement area where no other non-agrícultural use is present. In
accordance with Section 1.1.5.9, the applicant has submitted an Agricultural
I mpact Assessment for consideration.
Section 1.6.6.4 provides for private individual on-site sewage and water services
where such municipal services are not available or provided and providing such
services will result in no negative impacts. Section 2.1.1 and 2.1.5 provides for
the protection of natural heritage features and their functions for the long term.
Section 2.1.8 also provídes for the protection of land adjacent to natural heritage
features. Two features have been identified on the subject property: provincially
significant wetlands and sígnificant woodlands. The applicant has submitted an
environmental impact study (ElS) for consideration.
The subject land is designated "Rural" and "Environmental Protection" in the City
of Kawartha Lakes Official Plan and "Natural Core Area" within the Oak Ridges
Moraine Policy Area.
Development ís only proposed within the "Rural" designation. The goal of the
land use designation is to protect class 4-7 agricultural land, promote the growth
and development of the City's agricultural and natural resources, and preserve
and promote the rural character of the City. The land use designation permits a
variety of uses including agriculture-related commercial and industrial uses, farm
implement dealers, agri-tourism, and limited single detached dwellings.
While residential lot creation is permitted, it is limited to two circumstances: a
residential lot for a farmer whom is retiring, and for a farm dwelling which
becomes surplus as a result of a farm consolidation. Lots which meet this criteria
are not to exceed t hectare. The applicant has submitted an Official Plan
Amendment for consideration to provide for the creation of an approximately 0.63
ha. residential lot which does not meet this criteria.
Significant Woodland and Provincially Significant Wetlands have been identified
on the property. Section 3.5.5 and 3.5.18 provides for the submission of an EIS
to demonstrate no negative impacts are sustained to significant woodland and
provincially significant wetland features. The applicant has submitted an EIS for
consideration.
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Zoning By-law Compliance:
The subject land is zoned "Rural General (41) Zone" and "Open Space (01)
Zone" in the Township of Manvers Zoning By-law 87-06, and "Oak Ridges
Moraine Core Area (ORMCA) Zone" and "Oak Ridges Moraine Environmental
Protection (ORMEP) Zone" in the Oak Ridges Moraine Zoning By-law 2005-133.
The development is proposed within the A1 Zone.
The applicant has submitted aZoning By-law Amendment application for
consideration. The application proposes a residential zone category to implement
the proposed Official Plan Amendment.
No other alternatives have been taken into consideration.
Fi
nancial Considerat¡ons:
There are no financial considerations for the City, unless the application was to
be appealed to the Ontario Municipal Board.
Relationship of Recommendation(s) To Strateg¡c Priorities:
Council has identifíed the four strategic priorities, which are: enhancing tourism,
connections. The application does not directly impact or align with a specific
strategic priority.
The City's Strategy Map outlines Council's Visíon of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment. This application aligns with
the prosperity priority as it proposes a residential lot.
Consultations:
Notice of this application was circulated in accordance with the requirements of
the Planning Act. To date we have received the following comments:
Aqencv Review Comments:
Alderville First Nation provided on December 12,2014 that it has no concerns
with respect to the applications. lt has requested that it be notified if any further
developments occur.
The Minístry of Transportation provided on April 30,2015 that it has no objection
to the applications.
36
Report PLAN2015-043
2264783 oNTAR|O LTD
-
D01-1 5-003 & D06-1 5-004
Page 6 of 7
The appropriate background studies have been submitted to support the
applÍcations for official plan and zoning by-law amendment. These reports and
background studies have been circulated to the appropriate Agencies and City
Departments for review and comment. At this time, comments have not been
received from most circulated Agencies and City Departments. Staff
recommends that the applications be referred back to staff until such time as all
comments have been received from all circulated Agencies and City
Departments and that any comments and concerns have been addressed.
Gonclusions:
In consideration of the comments and issues contained in this report, Staff
respectfully recommends that the proposed Official Plan Amendment and Zoning
By-law Amendment applications be referred back to staff for further review and
processing until such time as all comments have been receíved from all
circulated Agencies and City Departments and that any comments and concerns
have been addressed.
Attachments:
uA"
Appendix
@l-
- Location Map
Þ
Appendix A to
PIAN2O15-043. pdf
Appendix
"B'-
Proposed Site Plan
Eþ
Appendix
B
to
PLAN2O15-043. pdf
Appendix
¡rC"
EtrI
- Aerial Photo
*
Þ
Appendix C to
PLAN2015-0a3. pdf
37
2264783 oNTARTO LTD
-
Report PLAN2015-043
D01-15-003 & D06-15-004
PageT of 7
Phone:
705-324-941 1 ext. 1206 or 1 -888-822-2225 ext. 1 206
E-Mail:
dehard ing@citv. kawarthalakes.on. ca
Department Head:
Ron Taylor
Department File:
D01 -1 5-003
& D06-1 5-004
38
APPENDIX
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The Corporation of the City of Kawartha Lakes
Planning Report
Report Number PLAN201 5-038
Date: May 13,2015
Time: 1:00 p.m.
Ward Gommunity ldentifier: Ward 2
Subject:
An Application to amend the Township of Bexley Zoning By-law to
permit a drive-through restaurant and to reduce development
standards of the Highway Commercial Exception Seven (C2-7)
Zone for property described as Part of Lot 18, Gull River Range,
geographic Township of Bexley, now City of Kawartha Lakes and
identified as 6720 Highway 35. (2260384 ONTARIO lNC.)
Author: Sherry L. Rea, Planning Goordinator
sisnature,
,*krnl L(sa
Recommendations:
RESOLVED THAT Report PLAN2015-038, respecting Part of Lot 18, Gull River
Range, geographic Township of Bexley, now City of Kawartha Lakes and
identified as 6720 Highway 35, Application No. D06-24-046, be received;
THAT Zoning By-law Amendment Application D06-24-046, respecting Part of Lot
18, Gull River Range, geographic Township of Bexley, substantially in the form
attached as Appendix "C" to Report PLAN2O15-038, be approved and adopted
by Council; and
Department Head:
Gorporate Services Director / Oth
Chief Administrative Officer:
42
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Page 2 of 7
Backg rou nd:
The statutory public meeting was held by Planning Committee on May 7,2014
and the following resolution was passed:
Moved by Councillor Stauöle, seconded by Councillor Dunn,
RECOMMEND THAT Report PLAN2014-031, 2260384 Ontario lnc.n be
received; and
THAT the applications respecting the proposed amendment to the Township of
Bexley Zoning By-law, be referred back to staff for further review with a report
back to Planning committee by the end of June' 2014'
.ARRTED pc2or4-016
Subsequently, the application was returned to Planning Committee on June 25,
2014 under staff's memorandum which included preliminary comments from the
Ministry of Transportation and the City's Engineering Division.
This report addresses the direction received from the May 7,2014 Planning
Committee meeting.
The proposal is to add a "drive-through facility" as an additíonal use to the current
list of permitted uses in the Highway Commercial Exception Seven (C2-7) Zone
and to amend the development standards including a reduction in the side yard
setback, aisle width, landscape buffering and parking standards. See Appendíx
"A" arìd "8" attached.
Owner:
2260384 Ontario lnc. (Harry Grewal)
Applicant:
Frances Grabowski of ICL Project Management Solutions lnc.
Legal
Description:
Part of Lot 18, Gull River Range, geographic Township of Bexley,
now City of Kawartha Lakes.
Plan:
Designated Hamlet Settlement Area on Schedule "A-7" of the
City of Kawartha Lakes Official Plan
Highway Commercial Exception Seven (C2-7) on Schedule "A" of
the Township of Bexley Zoning By-law No. 93-09
Official
Zone:
TotalArea: 0.34 ha.
Site Servicing: Municipal sanitary sewer services and a private individualwell
Existing Use: Vacant commercial land
Adjacent Uses: North:
South
West:
East:
Highway Commercial and Pine Point Cottage Road
Mixed Commercial
Highway Commercial and Community Facility
Undeveloped
43
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Rationale:
The subject land is located in the Hamlet of Coboconk and is municipally
identified as 6720 Highway 35. The subject land is located at the intersection of
Highway 35 and Pine Point Cottage Road (to the east) and Kawartha Lakes
Road 48 (to the west). Pine Point Cottage Road is assumed and maintained year
round by the City. Highway 35 and Pine Point Cottage Road/Kawartha Lakes
Road 48 is a fully signalized intersection. Currently, access to the site is from
Highway 35 and via Pine Point Road Cottage Road. There is an additional exit
only proposed from the drive through onto the rear driveway access servicing the
beer store property to the east. See Appendix "B"
The land consists of 0.34 ha. and is vacant. The land was the subject of a
rezoning in 2011 to accommodate a proposed on-site redevelopment including
the removal of the existing petroleum equipment, installation of new underground
storage tanks, a new canopy and the construction of a new convenience store.
Council passed the implementing by-law and the ownership of the property
changed. The new owner proposes three (3) twin-pad gas pumps under a new
canopy along with a 244 sq. m. building to accommodate a 141.8 sq. m.
convenience store and a 102.2 sq. m. drive-through Tim Horton's. The Tim
Horton's drive through component will be located on the east side of the building
and has the capacity to accommodate 22 vehicles in queue. There is no
proposed seating in the Tim Horton's, counter service only. Eighteen surface
parking spaces are proposed along with 1 loading space on the north side of the
building along with enclosed garbage containment.
Applicable Provincial Policies:
ln support of the application the applicant submitted the appropriate background
reports and studies which were circulated to the applicable Agencies and City
Divisions for review and comment. The applicant has demonstrated conformity
with the Growth Plan for the Greater Golden Horseshoe (Grovuth Plan) in that the
subject lands are within a Built-Up Area and proposes to manage growth by
encouraging cities and towns to develop as complete communities with a diverse
mix of land uses, and a range and mix of employment and housing types, high
quality public open space and easy access to local stores and services. The
application is consistent with the 2014 PPS, as it contributes to employment and
economic opportunities that will serve residents and the travelling public.
The land is designated Hamlet Settlement Area on Schedule "A-7" of the City of
Kawartha Lakes Official Plan (CKLOP). Permitted uses in the Hamlet Settlement
Area include commercial uses that serve the hamlet, surrounding rural areas and
tourism in the area. The application serves to enhance the redevelopment of a
commercial site to include a Tim Horton's drive through which will service local
residents and the travelling public. The on site redevelopment will include site
44
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Page 4 of 7
plan approval and under that process will address details of development such
as ingress, egress, landscaping, lighting, screening and off-street parking.
Zoning By-law Compliance:
The subject land is zoned Highway Commercial Exception Seven (C2-7) in the
Township of Bexley Zoning By-law No. 93-09. The application proposes a text
amendment to permit a drive through facility and to reduce or include the
following development standards for the site.
Development
By{aw
Requirement
Standard ior C2
Zone
Lot Area (min)
3400 sq.m
(min)
Lot Frontage
45m
Front Yard
lnterior Side Yard
Exterior Side Yard
Rear Yard
Lot Coverage
Buildins Heisht
Landscaped Open
Space
Density - Max
Uses per Lot
Fuel Pump
Canopv
Aisle Width
Aisle Width for
Drive-Through
Queuinq
Maximum Number
of Vehicles for
Drive-Through
Queuing
Minimum setback
from street for
Drive-Through
Queuinq
Parking
Service Station
Existing/
Proposed
Gompliance
3471 sq.m
42.67 m. (Pine
Point Cottage
Road) **Section
3.11.1 permits
existing lots of
record**
Yes
Yes
12m
11m
20%
5 m. (east lot line)
28 m. (west lot line)
41 m
7%
5.94 m
17.9%
Yes
No
Yes
Yes
Yes
Yes
Yes
1
3
No
6m
6m
Yes
7m
No
Silent in By-law
5m
3m
Silent in By-law
25
Silent in By-law
14m
To be included in
Site Specific
Zoning By-law
5 spaces min
1 space
No
6m
12m
12m
12m
30o/o
45
To be included in
Site Specific
Zoninq By-law
To be included in
Site Specific
Zoning By-law
Report PLAN2015-038
2260384 oNTAR|O tNC. - D06-24-046
Page 5 of 7
Convenience
Store
Restaurant
1 sp. for 30 sq. m
5 spaces
Yes
12 spaces
Yes
ofGFA=5
spaces
1 sp. for I sq. m
of GFA = 12
spaces
The C2-7 Zone permits both the convenience store and a restaurant. There is a
need for an amendment as a drive through facility is not explicitly permitted by
either the C2 or C2-7 Zones. Drive through restaurants can generate traffic
issues with respect to the queue length and ingress and egress issues. Paradigm
Transportation Solutions Limited completed an analysis of the operations of the
drive through using data from Tim Horton's sites across Ontario. All consultants,
engineers and the owner have worked with MTO and City staff to achieve
solutions which satisfy vehicular operations on site and within the Ministry's and
City's rights of way. The proposal includes a full access from Highway 35 for all
uses on the site; however, the exit from the Tim Horton's drive through
component will be limited to a new secured easement from the site onto the rear
driveway access servicing the beer store property to the east. The utilization of
the existing entrance to the east maintains design criteria for both MTO and the
City's Engineering Division. Both the owner of the subject property and the owner
of the property to the east (Paul Gallagher of 2021669 Ontario Limited) have
agreed to a shared egress proposal and are in the process of a formal
submission for consent to create an easement under the Planning Act. Details of
design to accommodate turníng radii for the bulk fuel truck and required entrance
upgrades are part of the site plan process. The owner has filed an application for
site plan approval (File No. D19-24-016), which is being processed concurrently
with the rezoning application.
The site specific zoning requests are supportable in that building will be located
to optimize vehicular traffic on site and minimize traffic congestion in the area.
Through good urban design and site plan control, the building will be constructed
to separate the gas and convenience store activities from the drive through
component. Locating the drive through operations to the rear of the building
provides for a proper queue of the on-site traffic and maintains design criteria for
exit from the site onto Pine Point Cottage Road and Highway 35.
Staff recommends that a Holding (H) symbol/provision be applied for site plan
approval and to secure the required easement with Planning Act approval and
registration of both the site plan agreement and the easement on title to the
property. Once these requirements have been met, the owners would apply to
amend the HoldingZone, pay the prescribed fee and a By-law to remove the (H)
symbol would be prepared for Council's consideration.
46
Report PLAN2O15-038
2260384 oNTARIO tNC. - D06-24-046
Page 6 of 7
Other Alternatives Gonsidered
:
No other alternatives were considered at this time
Financial Considerat¡ons:
There are no financial considerations unless Council's decision to adopt, or its
refusal to adopt the requested amendment, is appealed to the Ontario Municipal
Board. ln the event of an appeal, there would be costs, some of which may be
Relationship of Recommendations To Strateg¡c Priorities:
Council has identified four strategic priorities which include enhancing tourism,
connections. The application aligns with enhancing tourism in providing service
for the travelling public including gas, food and convenience store items.
Prosperity, Quality of Life and a Healthy Environment. This application aligns with
the prosperity priorities in that it provides opportunity to expand the economic
base in creating additionaljobs and attracting visitors by offering gas, food and
convenience store items for the travelling public.
Policy:
The accessibility standards established in the Ontario Building Code will be
shown on the subsequent construction drawings, which must be approved by the
City prior to the issuance of a building permit.
Servicing Comments:
The Functional Servicing Report was circulated to the City's Engineering and
Public Works Divisions and KRCA for review and comment. Appropriate
comments have been received.
Consultations:
Further to the initial circulation in accordance with the requirements of the
Planning Act and subsequent to the preparation of the initial staff report, the
following comments were received:
Health Unit - no objection but note that the drilled well on the property will be
subject to the requirements of the Small Drinking Water System legislation.
47
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KRCA - request for an EIS as development is proposed within 2 m of a
watercourse located on the south side of the property. A Scoped EIS was
prepared by Beacon Environmental which demonstrated that the proposed
development will have no adverse effects on Natural Heritage Features as set
out in Section 3.5 of the City of Kawartha Lakes Official Plan or on their related
ecological functions. KRCA has reviewed the Scoped EIS and is accepting of the
conclusions.
Development Seruices
-
Planning Division Comments:
The application for zoning by-law amendment conforms to the Growth Plan and
is consistent with the 2014 Provincial Policy Statement. Conformity with the City
of Kawartha Lakes Official Plan has been demonstrated and staff respectfully
recommends that the application, be approved and adopted by Council.
Attachments:
Appendix "A"
- Location Map
Itrl.Þ
Appendix 'A'þcation Map. pdf
Appendix
"B'-
Site Plan
ElÞ
Appendix 'B'- Site
Plan. pdf
Appendix uC" - DraftZoning By-law
@l-
.*
Appendix 'C'- Draft
Zoning By-law. pdf
Phone: 705-324-9411 ext. 1331 or 1-888-822-2225 ext. 1331
E-Mail : srea@city. kawarthalakes.on.ca
Department Head: Ron Taylor
Department File: D06-24-046
48
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Cityof Kawarthå Lakes
DewloPment Servìces
Planning Divßion
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APPENDIX
THE CORPORATION OF THE CITY OF
REPORT
o
¡
i
, 1,1 ¡
PL*U aa6.. 037
BY-LAW 2015-
-u+þ
A BY.LAW TO AMEND THE TOWNSHIP OF BEXLEYZONING
TO REZONE I.AND WITHIN THE CITY OF KAWARTHA LAKES
lFile D06-24-046, Reports PLAN2014-031 and PLAN2015-038, respecting Part Lot 18,
Gull River Range, geographic Township of Bexley and municipally known as 6720
Highway 35
-
2260384 ONTARIO lNC.l
Recitals:
1
2
Section 34 of the Planning Acf authorizes Council to determine the appropriate
relating to a specific parcel of land to permit a drive through restaurant and to
amend development standards.
3.
4.
A public meeting to solicit public input has been held.
Council deems it appropriate to rezone the Property
Accordingly, the Council of The Corporation of the City of Kawartha Lakes
1.O1 Propertv Affected: The Property affected by this by-law is described as the
Part of Lot 18, Gull River Range, geographic Township of Bexley, City of
Kawartha Lakes, being 6720 Highway 35.
1.02
Textual Amendment: By-law No. 93-09 of the Township of Bexley is further
amended by deleting Sections 15.3.7.1 and 15.3.7.2 in their entirety and
replacing them with the following:
15.3.7.1
Notwithstanding subsection 15.1.1, land zoned "C2-7(H)" may
also be used for a convenience store and a drive through facility.
15.3.7.2
Notwithstanding subsection 15.2
shallapply:
t.
¡i.
¡ii.
iv.
v.
vt.
vii.
viii
ix.
to the contrary, the
Minimum lot area
Minimum interior site yard setback
Minimum aisle width
Minimum aisle width for drive through queue
Minimum number of vehicles for drive
through queue
Minimum setback from street for drive
through queue
Minimum parking spaces for all uses
Minimum landscape buffer adjacent to
drive through
Maximum uses per lot
following
3,400 sq.m.
5.0 m.
5.0 m.
3.0 m.
23
14 m.
18
1.5 m.
3
All other provisions of subsection 15.2 shall apply
On land zoned C2-7(H), the removal of the (H) shall be in accordance with the
following:
.
Registration
of an
easement endorsed with Planning Act
consent for the right of egress onto the adjacent property to the east.
51
h
The owner enters into a site plan agreement with the City
1.03
Bexley is further amended to change the zone category from the Highway
Commercial Exception Seven (C2-7) Zone to the Highway Commercial
Exception Seven Holding (C2-7(H)) Zone îor the land referred to as 'C2-7(H)',
as shown on Schedule'A'attached to this By-law.
2.O1 Effective Date: This By-law shall come into force and take effect
on the date it
By-law read a first, second and third time, and finally passed, this ** day of
2015.
Andy Letham, Mayor
Judy Currins, City Clerk
52
THE CORPORATION OF THE ClW OF
KAWARTHA LAKES
THIS IS SCHEDULE'A,TO BY-LAW
PASSED
20L5.
DAY OF
THIS
CITY CLERK
MAYOR
rL
GEOGRAPHIC TOWNSHIP OF BEXLEY
LOT 20
Ð
rr)
IJ.J
(9
rù
z.
È
ao
Shadow Lake Rd. 57
É.
É.
tIJ
É.
LOT 19
f
(9
Pine Point Cottage Rd.
K. L. Road 48
c2
rn
7 H)
LOT L8
cf)
(u
-c
=
.99
'coBocoNK'
53

The Corporation of the City of Kawartha Lakes AGENDA PLANNING

Transcription

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