PLANNING COMMITTEE_Nov11_2015

Transcription

The Corporation of the City of Kawartha Lakes
AGENDA
____________________________________________________________
PLANNING COMMITTEE
DATE: WEDNESDAY, NOVEMBER 11, 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 # PC2015-012
1
1.0
CALL TO ORDER AND ADOPTION OF AGENDA
2.0
DECLARATIONS OF PECUNIARY INTEREST
3.0
PUBLIC MEETING
3.1
PLAN2015-089
4 - 11
Mark LaHay, Planner II
An application to amend the Township of Eldon Zoning By-law No. 94-14, to change the
Agricultural (A1) Zone to the Agricultural Exception Twenty-Seven (A1-27) Zone to
permit a Garden Suite for up to 20 years, on Part Lot 5, Concession 2, RP 57R-1876,
Part 1, geographic Township of Eldon, 222 Lorneville Road (Tracy)
3.2
PLAN2015-091
12 - 20
David Harding Planner I
An application to amend the Township of Manvers Zoning By-law 87-06 to rezone a
portion of the land from Rural General (A1) Zone to Rural General Special Thirty (A1S30) Zone on property described as Part of Lot 5, Conc. 12, geographic Township of
Manvers, City of Kawartha Lakes, identified as 551 Janetville Road (Youngfield Farms
Ltd. - Planning File D06-15-020)
4.0
BUSINESS ARISING FROM PUBLIC MEETING
5.0
DEPUTATIONS
6.0
CORRESPONDENCE
7.0
CITY OF KAWARTHA LAKES REPORTS
7.1
PLAN2015-090
21 - 31
2
Mark LaHay, Planner II
Zoning By-law Amendment (D06-15-016) Application to the Village of Woodville Zoning
By-law to rezone the property from General Commercial (C1) Zone to Community
Facility Exception One (CF-1) Zone to permit a Place of Worship. The CF-1 exception
zone will also permit related ancillary uses and apply appropriate development
standards based on the existing development identified as Lot 7, Plan 119, 111 King
Street, former Village of Woodville (David Leeder representing the Trustees of the
Woodville Community Presbyterian Church)
7.2
PLAN2015-092
32 - 45
Ian Walker, Planner II
Applications to amend the Official Plan (D01-15-010) and Zoning By-law (D06-15017) to permit the creation of a residential lot on the property identified as 103 Elm Tree
Road, geographic Township of Mariposa (Brumwell)
7.3
ENG2015-014
46 - 53
Christina Sisson, Supervisor Development Engineering
Assumption of Cloverlea Subdivision, Phases 1 and 2, City of Kawartha Lakes
8.0
ADJOURNMENT
3
Planning Report
Report Number PLAN201 5-089
Date:
November 11,2015
Time: 1:00 p.m.
Place: Council Chamber
Ward Gommunity ldentifier: Ward 4
Subject:
- west of Lorneville
An application to amend the Township of Eldon Zoning By-law
No. 94-14, to change the Agricultural (Al) Zone to the Agricultural
Exception Twenty-Seven (A1-271 Zone to permit a Garden Suite
for up to 20 years, on Part Lot 5, Concession 2, RP 57R-1876, Part
l, geographic Township of Eldon, 222Lorneville Road (TRACY)
Author/Title: Mark La
s nature:
, Planner ll
Recommendation:
RESOLVED THAT Report PLAN2O15-089, respecting Part Lot 5, Concession 2, RP
57R-1876, Part 1 , geographic Township of Eldon, Application D06-15-019 be
received;
THAT a Zoning By-law, respecting application D06-15-019, substantially in the form
attached as Appendix "C" to Report PLAN2015-089 be approved and adopted by
Council;
THAT staff be directed to prepare a "Garden Suite" agreement pursuant to Sectíon
39.1 of the Planning Act, respecting this application; and
THAT the Mayor and Clerk be authorized to execute any documents and
agreements required by the approval of this application.
Department Head:
Corporate Services Director / Other:
Gh
ief Adm inistrative Officer:
4
Report PLAN2015-089
D06-15-019 (TRACY)
Page2 of 4
Backgrou nd:
Proposal:
To rezone the subject land from the Agricultural (41) Zone to
the Agricultural Exception Twenty-Seven ( 1-27) Zone. The
effect of the zoning amendment would be to permit a garden
suite, which is a temporary, detached dwelling unit that is
designed and constructed to be portable and is ancillary to the
existing detached dwelling, as a second dwelling unit on the
property.
Owners:
Sharon and Edwin Tracy
Legal Description
Concession 2, Parl Lot 5, RP 57R-1876, Part 1 , geographic
Township of Eldon
Official Plan
"Prime Agricultural" in the City of Kawartha Lakes Official Plan
Zoning
"Agricultural (A1) Zone" in the Township of Eldon
Comprehensive Zoning By-law No. 94-14
Site Size:
3.44 acres (1.39 ha.) - MPAC
Site Servicing
The lot is serviced by a private individualwell and a private
individual sewage disposal system.
Existing Uses:
Rural Residential
Adjacent Uses:
North: Agricultural East: Agricultural and Hamlet Residential
South: Agricultural West: Agricultural
Rationale:
The owner has applied to permit a Garden Suite on the subject land. The subject
lands are located just west of the Hamlet of Lorneville on the south side of Lorneville
Road. The subject land currently contains a single detached dwelling and a
detached garage, which were built in 1974 and 1979, respectively according to
MPAC records. The garden suite is proposed to be located to the east side of the
existing single detached dwelling and will occupy an area between 55.7 sq. m. (600
sq. ft.) up to approximately 78 sq. m. (840 sq. ft.) depending on the model acquired.
The garden suite dwelling structure is proposed to be a Park Model trailer and/or
other portable dwelling structure, which will be winterized for year round use.
The Planning Act permits a Garden Suite for a maximum period of twenty (20) years
and continues to permít council to grant further extensions of not more than three
years each, during which the temporary use is authorized.
The effect of this applicatíon is to permit the proposed Garden Suite for a period of
up to twenty (20) years. The owner has stated that the proposed Garden Suite will
share driveway access, water, electricity and sewage disposal with the existing
dwelling. Staff recommends that the owner enter into a Garden Suite Agreement
with the municipality, which should be registered against title so that any subsequent
owner will have notice that the use of the Garden Suite is temporary. The
agreement will recognize the twenty (20) year timeframe.
5
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Page 3
of4
A Garden Suite is a temporary dwelling which is intended to be portable, with
bathroom and kitchen facilities and is accessory to the existing dwelling on the lot.
The 20 year period is appropriate as the structure complies with the definition of
Garden Suite and the total time frame for the proposed garden suite would be in
accordance with the timeframe permitted by the Planning AcL According to the
application, the tenants of the Garden Suite are related to the owners of the
property. The Garden Suite remains ancillary to the existing dwelling and meets the
general intent and purpose of Section 39.1 of the Planning AcL Staff supports this
application.
Applicable Provincial Policies:
The application conforms to the policies of the Growth Plan and ís consistent with
the 2005 Provincial Policy Statements.
Official Plan Conformity:
The subject land is designated "Prime Agricultural" in the City of Kawartha Lakes
Official Plan. No agricultural land is impacted as an agricultural use is not permitted
to be established on the property, which is less than 2 ha. in size. The proposal
would appear to conform to the policies established for garden suites under Section
5.4 of the City of Kawartha Lakes Official Plan.
Zoning By-Law Compliance:
ln order to permit the proposed use, a rezoning application has been submitted for
consideration. lf the application is approved, the use would be permitted for the
timeframe specified by the implementing Zoning By-law.
The draft By-law establishes that the Garden Suite shall not exceed a gross floor
area of 80 m2 and shall connect to the existing water supply and sewage disposal
systems that service the existing detached dwelling.
Other Alternatives Considered
:
No other alternatives have been considered
Financial 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.
Relationship of Recommendation To Strategy Map:
Council adopted the Strategy Map outliníng Council's Vision of a Community
Pursuing Prosperity, Quality of Life and a Healthy Environment. This application
directly aligns with the Healthy Environment Strategy Map topic.
Review of Accessibility lmplications of Any Development or Policy:
There are no accessibility implications for the City.
6
Report PLAN2015-089
D06-15-019 (TRACÐ
Page 4 o'f 4
Servicing Comments:
The lot is serviced by a private individual well and a private sewage disposal system
The proposed garden suite is proposed to connect into these existing services.
Consultations:
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 proposed
application. No issues were raised as a result of the círculation and there have been
no comments received from the public as of October 30,2015. The following
responses have been received to date:
Hiawatha First Nation: the application is considered to have minimal potential to
impact their First Nations' rights. They wish to be kept apprised of any updates,
archaeological findings, and/or of any environmental impacts, should they occur
Community Services: no concerns with the application.
Enqineerinq Division: no concerns with the application.
Buildinq Division: an inspection of the property will need to be conducted to
determine if the existing sewage system is adequate or if it needs to be replaced
Conclusion:
The application conforms to the policies of the Growth Plan is consistent with the
Provincial Policy Statement and conforms to the policies of the City of Kawartha
Lakes Official Plan. The application has been reviewed in consideration of
comments from the circulated agencies, relevant provincial policy, the City of
Kawartha Lakes Official Plan, and Township of Eldon Zoning By-law. ln
consideration of the comments contained in this report, and provided that no
additional information is raised at the Public Meeting that would alter the
recommendations contained in this report, Staff respectfully recommends that the
proposed rezoning application be referred to Council for APPROVAL.
Attachments:
El^
Appendix
'A'.pdf
El-
El-
Þ
Appendix
'B'.pdf
Appendix 'C'.pdf
Appendix "Au - Location Map
Appendix "Bu - Owner's Sketch
Appendix uC" - Draft Zoning By-law
Phone:
705-324-9411 exl. 1324 or 1-888-822-2225 ext. 1324
E-Mail:
m
Department Head:
Juan Rojas, Acting Director, Development Services
Department File:
D06-15-019
lahay@city. kawa rthalakes. on. ca
7
GEOGRAPHIC TOWNSHIP OF ELDON
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APPENDIX
to
THE CORPORATION OF THE CITY OF KAWARTHA LAKET
EPORT
BY-LAW 2015.
[File D06-15-019, Report PLAN2015-089, respecting Part Lot 5, Concession 2, being
Part 1, Plan 57R-1876 geographic Township of Eldon, identified as 222 Lorneville Road
TRACYI
Recitals:
1.
Sections 34 and 39 of the Planning Acf, R.S.O. 1990, c. P.l3, aulhorize Council to
determine the appropriate zoning categories and provisions assigned to land.
2.
Council has received an application to amend the categories and provisions
relating to a specific parcel of land to perm¡t the temporary use of the land for a
Garden Suite.
3.
4.
A public meet¡ng to solicit public input has been held.
Council deems it aipropriate to rezone the Property.
Accordíngly, the Council of The Corporation of the City
enacts this By-law 2015-_.
of
Kawartha Lakes
Section 1:00 Zoning Details
1.01
Prooertv Affected: The property affected by this by-law is described as Part
Lot 5, Concession 2, geographic Township of Eldon, City of Kawartha Lakes,
and identified as222 Lorneville Road.
1.02
Textual Amandmsnt: By-law No. 94-14 of the Township of Eldon is further
amended to add the following section to Section 7.3:
"7.3.27 AGRTCULTURALEXCEPTTONTWENTY-SEVEN(A1-27)ZONE
7.3.27.1 ln addition to the uses permitted in Section 7.1 , on lands zoned
A1-27 , a garden suite is also permitted and is subject to the
following provisions:
i.
A "Garden Suite" means a temporary, detached dwelling unit that
is designed and constructed to be portable and is ancillary to an
existing detached dwelling,
ii.
A "Garden Suite" shall be connected to both the water supply and
sewage disposal systems serving the existing dwelling and shall
not exceed a gross floor area of 80 square metres and shall be
permitted for a period of twenty (20) years commencing on the
date that the A1-27 Zone is in effect."
',l.03 Schedule Amendmeg!: Schedule 'A' to Bylaw No. 94-14
of the Township of
Etdon is further amended to change the zone category from the Agricultural (41)
Zone to the Agricultural Exception Twenty-Seven (A1-27) Zone for the land
referred to as '41-27', as shown on Schedule 'A' attached to this By-law.
Section 2:00 Effective Date I Expiry Date
2.O1 Effective Date: This By-law shall come into force and take effect on the date
is finally
R.S.O.
it
passed, subject to the provisions of Sections 34 and 39 of the Planning Act,
f994 c. P.l3.
on the ** day of **", 2035, in accordance
with the provisions of Section 39.1 (4) of the Planning Act.
2.O2 Exslry Date: This By-law shall expire
**
By-law read a first, second and third time, and finally passed, this day of ***, 2015.
Judy Currins, City Clerk
Andy Letham, Mayor
10
*
PuRñ¿oÉ-ofcl
h
A BY-LAW TO AMEND THE TOWNSHIP OF ELDON ZONING BY-LAW NO. 9¿t-14 TO
REZONE I-AND WITHIN THE CITYOF I(AWARTHA LAKES
-
o c
0ob* tS'ot?
THE CORPORATION OF THE CITY OF
KAWARTHA LAKES
THIS IS SCHEDULE 'A,TO BY-LAW
TH|S
_
PASSED
201s.
DAY OF
CITY CLERK
MAYOR
lll
GEOGRAPHIC TOWNSHIP OF ELDON
Lot 6
'Lorneville'
Lorneville Road
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11
The Gorporation of the Gity of Kawartha Lakes
Planning Gommittee Report
Report Number PLAN201 5-091
Date: November 11,2015
Time:
1:00 p.m.
Place: Council Chambers
Ward Community
Subject:
ldentifier:
Ward 16 - Manvers
An application to amend the Township of Manvers Zoning By-law
87-06 to rezone a portion of the land from Rural General (41) Zone
to Rural General Special Thirty (41-530) Zone on property
described as Part of Lot 5, Conc. 12, geographic Township of
Manvers, City of Kawartha Lakes, identified as 551 Janetville Road
(YO UNGFIELD FARMS LTD. - Planning File D06-15-020).
Author/Title: David Harding, Planner
I
re
Recommendation(s):
RESOLVED THAT Report PLAN2015-091, respecting Part of Lot 5, Conc. 12,
geographic Township of Manvers, Application D06-15-020, be received;
THAT a Zoning By-law Amendment respecting application D06-15-020,
substantially in the form attached as Appendix 'C' to Report PLAN2015-091, be
approved and adopted by Council; and
Department Head:
Gorporate Services Director / Other:
Chief Administrative Officer:
12
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Background:
The owner has applied for and received provisional consent (File D03-14-036)
from the Committee of Adjustment, as delegated by Council, to sever an
approxímately 0.83 ha. (1.57 acre) residential lot containing a single detached
dwelling, and two residential accessory buildings, and to retain the remaining
approximately 92.217 ha. (191.1 acre) of agricultural land with a portion
containing open space. The retained land will be consolidated with non-abutting
agricultural land. The dwelling is considered surplus to the Youngfield Farm Ltd.
farming operation. There are no agricultural buildings or structures on the
retained portion of the property. As a condition of provisional consent (application
D03-14-036), the subject land is to be rezoned to prohibit any residential use on
the retained agricultural land.
-
Brian DeJong
Owner:
Youngfield Farms Ltd.
Applicant:
Coe Fisher Cameron OLS
Legal Description
Part of Lot 5, Conc. 12, geographic Township of Manvers
Designation:
Prime Agricultural and Environmental Protection, City of
Kawartha Lakes Official Plan
Zone
Rural General (A1) Zone and Open Space (O1) Zone on
Schedule 'A' of the Township of Manvers Zoning By-law No
87-06
Lot Area
-78 ha. (192.7 ac.), Severed Retained -92.2 ha. (191.1 ac.)
Site Servicing
Residential- Private individual on-site sewage disposal and
Total
well
Agricultural
-
Gerald Hickson
0.83 ha. (1.57 ac.),
- Unserviced
Existing Uses:
Residential (to be severed) / Agricultural (to be retained)
Adjacent Uses:
South:
East:
West:
North,
Agricultural, Rural Residential, Forest
Agricultural, Rural Residential,
Cemetery
Agricultural, Forest, Wetland
Rationale:
The property is located to the immediate southwest of Janetville, west of
Janetville Road, and between Fleetwood and Pigeon Creek Roads (refer to
Appendix'A'). The subject property and the surrounding lands to the west, south,
and east 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
April 16,2015 to sever the residential lot and retain an approximately 92.217 ha.
farm parcel.
13
Report PLAN2015-091
D06-1 5-020 (YOUNGFTELD FARMS LTD.)
Page 3 of 5
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 identífied as prime agricultural land.
Provincial Pol icy Statement,
201 4 (PPS)
:
This application is consistent wíth 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 2.3.4.1 (a) and 2.3.4.1 (c) 2. The proposed
retained lot is of sufficient area to operate an assortment of agricultural uses and
the PPS encourages the protection of all types and sizes of agricultural use.
Therefore, this application is consistent with the PPS.
Official Plan Gonformity:
The subject land is designated Prime Agricultural and Environmental Protection
in the City of Kawartha Lakes Official Plan (Official Plan). The Environmental
Protection designation contains a watercourse. No change is proposed to the
zone category over the watercourse area. Section 15.1 of the Official Plan
provides that agricultural land that is primarily class 1-3 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 residents.
This application proposes no change to the existing land uses, and the
agricultural land will be preserved and protected for future agricultural use.
The City, through its Official Plan, recognizes as generally desirable the
consolidation of farms wherever possible. The City also recognizes that the
acquisition of abutting agricultural lots in order to consolidate an existing farm
operation may not be possible, and has established criteria in accordance with
provincial policy to recognize this circumstance and protect the long term
agricultural use of the land. Once of the criteria is that the agricultural land must
be rezoned to prohibit any residential use.
Therefore, this applícation conforms to the policies of the Official Plan.
14
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Page 4 of 5
Zoning By-Law Gompliance:
The majority of the land is zoned Rural General (A1) Zone and a small portion is
zoned Open Space (O1) Zone in the Township of Manvers Zoning By-law 87-06.
The A1 Zone provides that where a lot of less than t ha. in area is created by
consent, the minimum lot frontage shall be 38 metres; the minimum lot area shall
be 2,045 square metres, and the lot must comply with all other provisions of the
Rural Residential Type One (RR1) Zone. The lot to be created complies with all
requirements of the RR1 Zone. The lot to be retained meets the requirements of
the A1 and O1 Zones, mainly that the lot maintain a frontage of 183 m. and area
of 38 ha. (93.9 ac.). The purpose of the zoning amendment is to prohibit
residential use on the retained property and maintain the agricultural use of the
land to comply with provincial and municipal policy. The application complies
with all other relevant provisions of the Zoning By-law.
Other Alternatives Gonsidered:
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. In the event of an appeal, there would be costs, some of which may be
recovered from the applicant.
Relationship of Recommendation(s) To Strategy Map:
The City's Strategy Map outlines Council's Vision of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment. This applícation aligns
with the prosperity prioritíes in that it provides opportunity to expand the
economic base by maintaining and expanding the agricultural employment base
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
well.
Gonsultations:
Notice of this application was circulated to all land owners of record within a 500
metre radius, agencies, and City Departments which may have an interest in the
application. The Building Division, Water and Wastewater Division, Community
Services Department, and Hiawatha First Nation raised no issues as a result of
circulation.
15
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Page 5 of 5
Development Services
- Planning Division Comments:
The application conforms to the Growth Plan and is consistent with the Provincial
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 Open Space Zone and the Rural General
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 October 29,
2015. Staff respectfully recommends that the application be referred to Council
for APPROVAL.
Attachments:
Appendix'A'
E!
- Location Map
,l-
Appendix'A'.pdf
Appendix 'B'
E)-
-
Sketch for Consent Application
- dated June 21,2014
Appendix'B.pdf
Appendix 'C'
E.
.L
- Draft Zoning By-law Amendment
Appendix'C'.pdf
Phone:
705-324-9411 or 1-888-822-2225 ext. 1206
E-Mail:
dehard inq@citv. kawarthalakes. on. ca
Department Head:
Juan Rojas, Acting Director
Department File:
D06-15-020
16
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APPENDIX
to
THE CORPORATION OF THE CITY OF KAWARTHA
LAKEì
EPORT
I
a
D
-Mñt",tfq
BY.LAW 2015.
T)oø
A BY.LAW TO AMEND THE TOWNSHIP OF MANVERS GOMPREHENSIVE ZONING
BY.LAW NO. 87.06 TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File D06-15-020, Report PLAN2O15-091 respecting Part of Lot 5, Conc. 12,
geographic Township of Manvers, identified as 551 Janetville Road - YOUNGFIELD
FARMS LTD.]
Recitals:
1
Section 34 of the Planning Act authorizes Council to determine the appropriate
zoning categories and provisions assigned to land.
2
relating to a specific parcel of land to prohibit residential use on the subject land
3.
4.
A public meeting to solicit public input has been held.
Council deems it appropriate to rezone the Property
Accordingly, the Gouncil of The Corporation of the City of Kawartha Lakes
enacts this By-law 2015-_.
1.01
Propertv Affected: The Property affected by this by-law is described as Part
of Lot 5, Conc. 12, geographic Township of Manvers, City of Kawartha Lakes.
1.02
Schedule Amendment: Schedule 'A' to By-law No. 87-06 of the Township of
Manvers is further amended to change the zone category from the Rural
General (41) Zone to the Rural General Special Thirty (A1-S30) Zone for the
land referred to as'41-S30', 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
19
- t{-¿t'zo
t
KAWARTHA LAKES
PASSED
THIS IS SCHEDULE'A'TO BY-LAW
THIS
2015.
DAY OF
CITY CLERK
MAYOR
lr
il
Con 13
'JANETVILLE'
A1 -S30
Con 12
A1 -S30
E
É.
-9
'5
.l-,
o
Lot 4
c(ú
Lot 6
.?
Fleetwood Rd
Lot 5
GEOGRAPHIC TOWNSHIP OF MANVERS
Con
11
20
The Gorporation of the City of Kawartha Lakes
Planning Report
Report Number PLAN2OI 5-090
Time: 1:00 p.m.
Ward Community ldentifier: Ward 4 - Woodville
Subject:
Zoning By-law Amendment (D06-15-016) Application to the Village of
Woodville Zoning By-law to rezone the property from General
Commercial (C1) Zone to Community Facility Exception One (CF-1)
Zone to permit a Place of Worship. The CF-1 exception zone will also
permit related ancillary uses and apply appropriate development
standards based on the existing development identified as Lot 7, Plan
119, 11 1 King Street, former Village of Woodville (David Leeder
representing the Trustees of the Woodville Community Presbyterian
Church).
s
Author/Title: Mark LaHay, Planner ll
ature:
Recommendation:
RESOLVED THAT Report PLAN2015-090, respecting Lot 7, Plan 119, former
Village of Woodville, "David Leeder representing the Trustees of the Woodville
Community Presbyterian Church - Application D06-15-016, be received;
THAT aZoning By-law, respecting application D06-15-016, substantially in the form
attached as Appendix "C" to Report PLAN2O15-090 be approved and adopted by
Council; and
Department Head:
Ch
ief Adm in istrative Officer:
21
Report PLAN2015-090
Woodville Community Presbyterian Church
Page2 of 6
Backg round:
David Leeder on behalf of the Trustees of the Woodville Community Presbyterian
Church has submitted a rezoning application to rezone the property from General
Commercial (C1) Zone to a Community Facility Exception One (CF-1) Zone to
permit a Place of Worship. The CF exception zone will permit a church hall and
related ancillary uses and apply appropriate development standards based on the
existing development on the lot.
The subject land is currently developed with a one storey brick commercial building
with a basement and in order to accommodate the proposed use, the owner is
seeking an amendment to the zoning by-law.
Owners:
Trustees of the Woodville Community Presbyterian Church
represented by David Leeder.
ApplicanUAgent:
Les C. Selby Consulting Services, c/o Les Selby
Legal Description:
Lot 7, Registered Plan 1 19, Former Village of Woodville, City of
Kawartha Lakes.
Official
Plan:
"Urban" in the County of Victoria Official Plan
Zoning:
"General Commercial (C1) Zone in the Village of Woodville
Zoning By-law 1993-9.
Lot Size:
485.62m2 (5.227.2 sq. ft.) - MPAC
Site Servicing
Municipal water services and private holding tanks
Existing Uses
Vacant commercial building. Previously used as a licensed
restaurant and a funeral home
Adjacent Uses
North: Commercial and Community Facility
East: Commercial
South: Low Density Residential
West: Low Density Residential
Rationale:
The subject land is located on the southwest corner of King Street and Stuart Street
generally within the centre of the Village of Woodville at the westerly fringe of the
commercial core (see Appendix "A"). Other community facility uses are located
adjacent to the north and west of the subject land containing the United Church and
Town Hall buildings on the north side of King Street. The area to the south and west
of the subject land is predominately residential.
A special exception zone is proposed in order to accommodate the proposed church
hall and ancillary social service uses such as a family and youth centre. Specific
22
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Page 3 of 6
development standards will be imposed based on the existing development of the
lot.
Applicable Provincial Policies:
The application and existing subdivision conforms to and is consistent with the
Growth Plan for the Greater Golden Horseshoe (GPGGH) and the 2014 Provincial
Policy Statement (PPS) relating to.
o
.
.
.
o
pronìoting efficient land use and development patterns which support
sustainability by promoting strong viable, livable, healthy and resilient
communities;
contributes to creating complete communities;
accommodating an appropriate range and mix of residential, employment
and institutional uses, including places of worship;
using existing infrastructure; and
proÍrìoting the viability of rural settlement areas as being critical to the longterm economic prosperity for communities.
Official Plan Gonformity:
The property is designated "Urban Settlement Area" in the City of Kawartha Lakes
Official Plan. This designation is under appeal and therefore, the policies are not in
effect. The policies as contained in the County of Victoria Official Plan are therefore
in force. lt is designated "Urban" in the County of Victoria Official Plan. Community
facility uses are permitted if the use if compatible with surrounding areas. The
application conforms to the Victoria County Official Plan.
Zoning By-law Compliance:
The subject land is zoned General Commercial (C1) Zone in the Village of Woodville
Zoning By-law, which permitted the previous restaurant business. The proposed use
of the subject land for a Place of Worship does not comply with the existing zone
provisions and therefore, an amendment was submitted for consideration, which will
recognize the development and location of the existing building and will recognize
the existing parking area.
Other Alternatives Considered :
No other alternatives have been taken into consideration
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.
23
Report PLAN2015-090
Woodville Community Presbyterian Church
Page 4 of 6
Prosperity, Quality of Life and a Healthy Environment. This application aligns with
the quality of life priorities in that it promotes culture and an opportunity for citizen
support systems by involving members of the community in church related functions
Review of Accessibility lmplications of Any Development or Policy:
Any applicable accessibility matters will be addressed through the Building Permit
application, if required.
Servicing Gomments:
The subject land is serviced by municipalwater and contains two concrete holding
tanks with a total capacity of 3000 gallons, which the HKPR District Health Unit
advised were inspected and approved under the Environmental Protection Act on
May 28, 1993. The existing sewage system, which has served the former funeral
home and restaurant uses, is alarmed. The Church organization has a one year
pumpíng services contract dated February 3,2015, which will be renegotiated after
the current contract period ends.
Consultations:
Notice of this application was previously circulated to persons within a 120 metre
radius, agencies, and City Departments which may have an interest in the
application. A statutory public meeting was held on October 14,2015. At the public
meeting, the agent for the owners provided additional information and clarification
regarding the proposal and Councillor Veale spoke in support of the application. No
member of public raised any concerns relating to the application. The following
comments have been received:
Aoencv Review Comments
The Building Division has no concerns with the application. A change of use permit
will be required.
The Sewage Systems Supervisor previously advised that the property is currently
serviced by a Class 5 Holding Tank located at the south-east corner of the existing
building. The proposal indicates a loading area as well as parking in this area. The
Class 5 Holding Tank has not been manufactured to sustain the weight load of
vehicular traffic. The area over the Class 5 system is to be maintained as a
lawn/garden area. As such, the Sewage Systems Supervisor requires the site plan
24
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Page 5
of6
to be modified to ensure the protection of the sewage system by the removal of the
asphalt parking/loading area in the vicinity of the system.
Engineering has no comment on the application as the items requested to be
confirmed through the pre-consultation meeting, relating to access and parking have
been addressed in the report submitted with the application.
The Hiawatha First Nation advised the application is deemed to have little, if any,
impact on their First Nation's traditional territory and/or rights. They wish to be kept
apprised of any updates, archaeological findings, and/or of any environmental
impacts, should they occur.
The Lake Simcoe Region Conservation Authority (LSRCA) advised through the preconsultation meeting that as this proposal in its current form does not include site
alteration or any increase to the impacts of the current private servicing system, the
Settlement Area policies of the Lake Simcoe Protection Plan (LSPP), with respect to
storm water, specifically that "any site alteratíon shall seek to avoid, minimize and
mitigate impacts associated with water quality and quantity of urban runoff into
receiving water bodies and wetlands", may not be applicable. ln addition, the
subject land is not within a regulated area; therefore, a permit will not be required
from the LSRCA prior to the issuance of a building permit.
- Planning Division Comments:
The application conforms to the Growth Plan and the Provincial Policy Statement
with respect to supporting sustainable development and diversity of uses in an urban
area. The application also conforms to the Victoría County Official Plan as the
proposed use maintains the general intent of the land use requirements as set out in
the "Urban" designation. The proposed new use is also considered compatible with
other permitted and existing uses and appropriate for the subject land. Furthermore,
the proposed uses should not require or cause an increase in services or result in
sig n ificant add itional traffic.
The applicant proposes to convert the existing vacant commercial restaurant
building into a place of worship (church) facility with related social service uses for
family and youth assembly. lncluded with the documentation submitted with the
application are expected numbers of participants based on function. Weekly
worship services are anticipated to result in 25 to 40 people (10 to 15 cars);
Biweekly youth services are anticipated to have up to 12 people (3 to 4 cars) and
Monthly Women's and Committee meetings are anticipated to result in up to
people each (5 cars).
I
It appears that adequate parking to support the proposed use can be provided on
site (6 spaces indicated, inclusive of one accessible space) and off site (100+
spaces nearby) in the form of on-street parallel parking primarily along both sides of
King Street, which also serves other existing adjacent commercial and community
uses, with some parallel parking also available along Stuart Street. The previous
25
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Page 6 of 6
funeral home and licensed restaurant uses also relied on on-street parking and in
the case of the restaurant business, relief from the zoning by-law was granted by the
Committee of Adjustment (Minor Variance Application D20-03-101) to reduce the
minimum on-site requirement to 6 parking spaces. The previous funeral home
operated with only 6 on-site parking spaces, which was considered legal noncomplying. The zoning by-law amendment will ultimately establish and reflect the
minimum number of parking spaces to be provided on the lot.
ln relation to the initial concern identified by the Sewage System Supervisor, the
site/lot plan (Schedule "8") has been revised to be consistent with the actual use of
the subject land. The plan has been updated to reflect the intended arrangement of
parking and landscaping to the south of the building that will also afford the required
protection to the existing sewage holding tanks. No loading area is required and the
septic system is being protected by a raised planting bed bordered by 2 rows of
pressure treated wood providing for a 0.3 m. (1 ft.) protective cribbing wall. Planning
Staff are satisfied with the revised plan. Upon review of the revised plan, the
Sewage Systems Supervisor has now advised there is no objection to the zoning bylaw amendment as the area around the Class 5 Holding Tank will not be used as a
loading area, the illustrated parking area is restricted off of the area of the sewage
system, and the protective landscaped garden area will continue to exist.
Conclusions:
The application conforms to the policies of the Growth Plan is consistent with the
Provincial Policy Statement and conforms to the policies of the City of Kawartha
Lakes Official Plan. The application has been reviewed in consideration of
comments from the circulated agencies, relevant provincial policy, the City of
Kawartha Lakes Official Plan, and Village of Woodville Zoning By-law. ln
consideration of the information and comments contained in this report, Staff
respectfully recommends that the proposed rezoning application be approved.
Attachments:
El.Þ
Appendix 'A
Appendix
Appendix
Appendix
',pdf
uA"
uB"
El-
Appendix '
El-
B'.pdf
Appendix 'C'.pdf
- Location Map
uC'-
Applicant Lot Plan - revised
Draft Zoning By-law
Phone:
705-324-9411 ext. 1324 or 1-888-822-2225 ext. 1324
E-Mail:
m
Department Head:
Ron Taylor
Department File:
D06-15-016
lahav@citv. kawa rthalakes. on. ca
26
APPENDIX
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APPENDIX
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THE CORPORATION OF THE CITY OF KAWARTHA LAKEÊ
EPORtr
r!å!êglç-g_qo
BY-LAW 201s A BY{.AW TO AMEND THE VILLAGE OF WOODV]LLE ZONING BY.LAW NO.
1993-9 TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File D06-1 5-01 6, Report PLAN201 5-090, respecting Lot 7, Plan 1 19, identified as
King Street - David Leeder representing the TRUSTEES OF THE WOODVILLE
coMMUNrrY PRESBYTERIAN CH URCHI
111
Recltals:
Section 34 of the Ptanning Acf authorizes Council to determine the appropriate
2
relating to a specific parcel of land to permit a Place of Worship and related
ancillary uses.
3.
4.
Council deems it appropriate to rezone the Property
Accordingly, the Gouncil of The corporation of the city of Kawartha Lakes
enacts this By-law 2015--.
Details
Section 1:00
1.01
Propertv Affected: The Property affected by this bylaw is described as Lot 7'
nan 1 1g;Ermeilillage of Woodville, City of Kawartha Lakes, 1 1 1 King Street
1.O2
Textual Amsndmsnt: By-law No. 1993-9 of the Village of Woodvilte
is
further
amended to add the following section to Section 6.3:
"6.3.1
Community Facility Exception One (CF-1) Zone
6.3.1.1
Notwithstanding Sections 3.11.3, 3.12-1 ,3.15.1, and Sections
6.2.1 .1, 6.2.1.2, 6.2.'1 .3, 6.2.1 .7, |and zoned'CF-1' shall be subject
to the following zone Provisions:
(a) Lot Area (min.)
(b) Lot Frontage (min.)
(c) Front Yard (min')
(d) lnterior Side Yard (min.)
(a) Exterior Side Yard (mln.)
(0
(g)
(h)
(¡)
ü)
(k)
Exterior Side Yard to steps/ramp (min.)
Landscaped OPen SPace (min.)
Parking spaces on lot (min.)
Accessible parking spaçes on lot (mln.)
Parking Aisle Width (min,)
Landscaped Parking Buffer Width to Slreet
475 sq. m.
9.8
m.
2.47 rn.
0.8
m.
0.75 m.
Nil
1A
o/o
6
1
(min.)
Nil
Nil
All other provisions of the CF Zone shall apply. "
1.03
Schedule Amendment: Schedule'A'to By-law No. 1993-9 of the Village of
to change the zone category from the General
commercial (c1) Zone to the community Facility Exception one (cF-1) Zone
for the land rèferred to as the 'CF-1', as shown on Schedule 'A' attached to this
ffinded
By-law.
29
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6-atb
2.01
Effoetlve 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 ***, 201b.
Andy Letham, Mayor
Judy Cunins, City Clerk
30
KAWARTHA LAKES
THIS IS SCHEDULE 'A,TO BY-LAW
_
TH|S
PASSED
2015
DAY OF
MAYOR
CITY CLERK
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31
The Gorporation of the Gity of Kawartha Lakes
Planning Gommittee Report
Report Number PLAN2OI 5-092
Time:
1:00 p.m.
Ward Community
Subject:
ldentifier:
Ward 8 - Mariposa
Applications to amend the Official Plan (D01-15-010) and Zoning
By-law (D06-15-017) to permit the creation of a residential lot on the
property identified as 103 Elm Tree Road, geographic Township of
Mariposa, (BRUMWELL).
Author/Title: lan Walker, Planner
ll
Si nature:
llkt-
Recommendations:
RESOLVED THAT Report PLAN201 5-092, respecting
010 & D06-1 5-017, be received;
- Applications D01-15-
THAT a By-law to implement official plan amendment application D01-15-010,
substantially in the form attached as Appendix "C" to Report PLAN2015-092 be
approved and adopted by Council;
THAT zoning by-law amendment application D06-1 5-017 , substantially in the
form attached as Appendix "D" to Report PLAN2015-092 be approved and
adopted by Council; and
Department Head:
Ghief Adm inistrative Officer:
32
Report PLAN2O15-092
D01 -1 5-010 & D06-1 5-01
7 (BRUMWELL)
Page 2 of 6
Backg rou nd:
The statutory public meeting was held by the Planning Committee on October 14,
2015 and the following resolution was passed:
Moved by Mayor Letham, seconded by Councillor Macklem,
RECOMMEND THAT Report PLAN2O15-083, respecting Part of Lot
21, Concession l, Geographic Township of Mariposa,
BRUMWELL - Applications DOl-15-010 and D06-15-017, be
received; and
THAT the application respecting the proposed Amendments to the
City of Kawartha Lakes Official Plan and Township of Mariposa
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.
GARR|ED PC20t5-053
This report addresses that direction.
The proposal is to facilitate the creation of a new residential lot on private
services in the Hamlet Settlement of Valentia. The lots to be severed and
retained are 2,200 sq. m. and 2,500 sq. m., and the severed lot would be
serviced by an individual well and private septic system. Section 19.3.13 of the
Official Plan (OP) permits the creation of lots in the Hamlet Settlement Area, but
requires a minimum lot area of 4,000 sq. m. for lot creation on private services.
The amendment to the OP proposes to exclude the subject lot from the
requirements of Policy 19.3.13. The amendment to the Zoning By-law proposes
to rezone the land from Hamlet Residential (HR) Zone to the Hamlet Residential
Exception Nine (HR-9) Zone for the severed and Hamlet Residential Exception
Ten (HR-10) Zone for the retained. See Appendix "A" and "8" attached.
Owners:
Wayne & Wendy Brumwell
Applicant:
EcoVue Consulting Services lnc., Kent Randall
Legal Description
Part of Lot21, Conc. 1,57R-7292, Parts 1 &2, geographic
Township of Mariposa
Designation
Hamlet Settlement Area, Cíty of Kawartha Lakes Official
Plan
Zone
Hamlet Residential (HR) Zone on Schedule 'G' of the
Township of Mariposa Zoning By-law No. 94-07
Lot Area:
Site Servicing
0.47 ha. [1.16 ac.]
Private individual on-site sewage disposal and well
Existing Uses
Residential (retained) / Vacant (severed)
33
Do
1
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* rråi8-"J i,Hr',ff tr=ttú
Page 3 of 6
Adjacent Uses:
North, East & West: Hamlet Residential
Commercial/Community Facility
South:
Rationale:
The applicant has submitted a revised rezoning sketch, prepared by EcoVue
Consulting Services lnc., dated October 13,2015. The subject land is 4,700 sq.
m. The proposed lot to be severed will be 2,200 sq. m., and the lot to be retained
will be 2,500 sq. m. Both lots front on Elm Tree Road. The existing and
proposed development is serviced by a private individual well and septic system,
see Appendix "8" attached.
Provincial Policies:
Growth Plan for the Greater Golden Horseshoe, 2006:
The Growth Plan provides that growth should be directed towards settlement
areas, and the majority of growth will be accommodated through intensification
The subject land is located within the development area boundary for the
Valentia Hamlet Settlement Area.
Therefore, these applications conform to the policies of the Grovvth Plan (GP).
Provincial Policy Statement,
201 4 (PPS)
:
The Provincial Policy Statement (PPS) provides for appropriate development
while protecting resources of provincial interest, public health and safety, and the
quality of the natural environment. Sections 1.1.3.1 through 1.1.3.3 direct
development to settlement areas, and promote opportunities for intensification
and redevelopment.
Section 1.6.6.4 of the PPS provides individual on-site sewage and water services
may be used provided that site conditions are suitable for the long-term 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 Grace & Associates lnc. to prepare a hydrogeological
assessment and aquifer performance testing for the proposed lot. The study was
prepared June 25,2015, and concludes that sufficient water is available to
service the proposed lot. Section 1.6.6.6 of the PPS requires confirmation of
sufficient treatment capacity for hauled sewage from individual on-site sewage
services.
The subject lot is not within or adjacent to any natural heritage features or
species at risk (SAR), and is not located within any natural hazards, as identified
in Sectíon 3.1 of the PPS.
Therefore, these applications are consistent with the PPS.
34
D0
1
-1
5-0 1 0
* rråî8-"J i,bPril'?=ttiî
Page 4 of 6
Official Plan Conformity:
The subject land is designated "Hamlet Settlement Area" in the City's Official
Plan (OP). The OP provides that small-scale residential development is
permitted within this designation. For new lots created, the minimum lot size
should be 4,000 sq. m.where individual services are provided. Section 19.3.13
of the OP requires any lots created within the Hamlet Settlement Area to be of
sufficient size to accommodate private services. The hydrogeolocial assessment
confirms there is sufficient groundwater to service the proposed development.
The application proposes a Special Policy for the proposed severed and retained
lot respectively to recognize the reduced minimum lot area for each lot.
Zoning By-Law Compliance:
The subject land is zoned "Hamlet Residential (HR) Zone" in the Township of
Mariposa Zoning By-law 94-07. This residential neighbourhood is developed
with single detached dwellings, on private services (i.e. individual water supply &
individual sewage disposal systems). The Zoning By-law requíres a minimum lot
area of 2,800 sq. m. on lots serviced with individual water supply and sewage
disposal systems. The applicant has submitted a Zoning By-law Amendment
application for consideration. The application proposes an exception zone
category for the proposed severed and retained lot respectively to recognize a
reduced minimum lot area for each lot, to implement the proposed Official Plan
Amendment.
Other Alternatives Considered:
Financial Considerations:
There are no financial considerations unless Council's decisíon to adopt or its
refusal to adopt the requested amendment(s) are appealed to the Ontarío
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 Strategy Map:
The City's Strategy Map outlines Council's Visíon of a Community Pursuing
Prosperity, Quality of Life and a Healthy Environment. These applications align
with the prosperity priorities in that they propose a residential lot.
35
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Page 5 of 6
Review of Accessibility lmplications of Any Development or
Policy:
There are no accessibility implications for the City
Servicing Comments:
The vacant land to be severed is unserviced. The existing single detached
dwelling on the land to be retained is serviced by a private sanitary sewage
disposal system and indívidualwell. ln accordance with the PPS, reserve
sewage system capacity is required as a condition of consent for the treatment of
hauled sewage.
Consultations:
Notice of this application was circulated to persons within a 500 metre radius,
agencies, and City Departments which may have an interest in the application.
To date we have received the following comments:
Agency Review Comments:
The Building Division - Sewage System Coordinator provided on September 21,
2015 that it has no objection to these applications, as the proposed on-site
sewage disposal systems meet the requirements of the Ontario Building Code.
Hiawatha First Nation provided on September 22,2015 that it has no concerns
with respect to the applications, but has requested to be notified if any further
developments occur.
The Engineering Division provided on October 2,2015 that it has no concerns
with respect to the applications.
The Community Services Department provided on October 20,2015 that it has
no concerns with respect to the applications.
The Building Division provided on October 21, 2015 that the barn will require a
change of use as a condition as part of a consent application.
- Planning Division Gomments:
The appropriate background studies have been submitted to support the
applications for official plan and zoníng by-law amendment. The applications
conform to the Growth Plan and are consistent with the 2014 Provincial Policy
Statement. Conformity with the City of Kawartha Lakes Offícial Plan has been
demonstrated and staff support the request to exempt the subject land from
Section 19.3.13 of the Official Plan. The rezoning will ensure the subject land
complies with the Zoning By-law. All other zoning provisions within the Hamlet
Residential Zone will be maintained.
36
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Page 6 of 6
Conclusion:
The application conforms to the provincial policies concerning lot creation in rural
areas. Staff support the application based on the information contained in this
report and the comments received as of November 2,2015. Staff respectfully
recommends that the application be referred to Council for APPROVAL.
Attachments:
Appendix'A'
El-
- Location Map
.È
Appendix A.pdf
Appendix 'B'
El-
-
Sketch for Consent Application
- Revised
October 1,2015
.Þ
Appendix
B.
pdf
Appendix'C'- Draft Official Plan Amendment
ElÞ
Appendix C.pdf
Appendix'D'- Draft Zoning By-law Amendment
ElÞ
Appendix
D.
pdf
Phone:
705-324-9411 ext.1368 or 1-888-822-2225 ext. 1368
E-Mail:
iwa lker@citv. kawa rthalakes. on. ca
Department Head:
Juan Rojas, A./Director, Development Services
Department File:
D01 -1 5-01 0
& D06-1 5-017
37
Geographic Township of MariPosa
APPEND IX
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THE CORPORATION OF THE CITY OF KAWARTHA LAKES
APPENDIX
to
C
î
BY.LAW 2015.
REPORT
A BY.LAW TO AMEND THE CITYOF KAWARTHA LAKES OFFICIAL PIáN TO RE.
DESIGNATE LAND WITHIN THE C¡TY OF KAWARTHA LAKES
?lt¡.¡swç-dP.2
Þ-ot- ts - ot ô .,
FILE NO.
DÉ]5"o1z-
',t
[File D01-15-010, Report PLAN2015-092, respecting Part of Lot 21, Concession , 57R-7292,
Parts 1 & 2, geographic Township of Mariposa, now City of Kawartha Lakes - BRUMWELLI
Recitals:
Sections 17 and 22 of the Planning Act, R.S.O. 1990, c. P.13, authorize Council to consider
the adoption of an amendment to an Official Plan.
Council has received an application to amend the City of Kawartha Lakes Official Plan to
include a Special Policy which removes the land from the requirements of Section
19.3.13, to permit lhe creation of a residential lot and retain a lot with a reduced m¡nimum
lot area.
2.
3.
4.
Council deems it appropriate to adopt Official Plan Amendment Number 19.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this ByJaw
201 5-""*.
Article
1:00
1.01
Prooertv Affected: The Property affected by this By-law is identified as Part Lol 21,
Concession 1, 57R-7292, Parts 1 & 2, geographic Township of Mariposa, now City of
Kawartha Lakes.
Official Plan Amendment Details
1.02 &g¡C@!:
Amendment No. 19 to the City of Kawartha Lakes Official Plan, attached
hereto as Schedule 'A'and forming a part of this By-law is hereby adopted.
Article
2:00
2.01
Force and Efrect: This By-law shall come into force and take effect on the date it is
finally passed, subject to the approval of the Çity of Kawartha Lakes in accordance w¡th
the provisions of Section 17 and 22 of the Planning Act, R. S. O. 1 990, c. P. 1 3.
Effective Date
By-law read a first, second and third time, and finally passed, this
Andy Letham, Mayor
**
day
40
of
,2015
Schedule 'A'to By-law No. 2015-***
AMENDMENT NO. 19 TO THE OFFICIAL PLAN FOR THE CITY OF KAWARTHA LAKES
PART
A.
A.
THE PREAMBLE
PURPOSE
The purpose of the official plan amendment is to exempt the property identified as 103
Elm Tree Road from being subject to the minimum lot area requirements of the Hamlet
Settlement Area designation in the C¡ty of Kawartha Lakes Official Plan. The land is
also subject to an application for zoning bylaw amendment.
The effect of the change is to permit the creation of a residential lot with a minimum lot
area of 2,200 square metres, and to retain a lot with a minimum loi area of 2,500 square
metres.
B.
LOCATION
The subject site has an area of approximately 4,700 square metres and is located on
the northeast corner of Elm Tree Road and Valentia Road, in the Hamlet of Valentia, in
the geographic Township of Mariposa, now City of Kawartha Lakes. The subject
property is located in a residential area with single detached dwellings. The property is
currently developed with a single detached dwelling, a barn, and a former blacksmith
shop.
The land is described as Part of Lot 21 , Concessíon 1 , 57R-7292, Parts 'l & 2,
geographic Township of Mariposa, now City of Kawartha Lakes and identified as 103
Ëlm Tree Road.
c
BASIS
Council has enacted this official plan amendment in response to an application
submitted by EcoVue Consulting Services lnc. on behalf of Wayne Brumwell to permit
the creation of a residential lot. lt is intended that a special poticy be incorporated into
the City of Kawartha Lakes Official Plan to facilitate a subsequent consenl application to
create two undersized, private serviced rural residential lots.
The land is designated Hamlet Seltlement Area on Schedule "A-2' of the City of
Kawartha Lakes Official Plan. The land is also subject to an application for zoning bylaw amendment.
ïhe proposed development and amendment to the City of Kawartha Lakes are justified
and represent good planning for the following reasons:
1.
The proposed development conforms to relevant provincial policy documents
being the Growth Plan for the Greater Golden Horseshoe and is consistent with
2.
The proposed development conforms to the goals and objectives of the Hamlet
Settlement Area designation as set out in the City of Kawartha Lakes Official
the Provincial Policy Statement.
Plan.
3. The site concept is compatible and integrates well with the surrounding
4. The applicant has submitted background reports to demonstrate the
area.
appropriateness of the proposed development with respect to servicing and the
protection of the environment.
41
PART
D.
B.
THE AII,IENDMENT
INTRODUCTORYSTATEMENT
All of this part of the document entitled Part B - The Amendment, consisting of the
following Map 'A'and text constitutes Amendment No. 19 to the Official Plan for the City
of Kawartha Lakes.
E,
DETAILSOFTHEAMENDMENT
1
The Official Plan for the City of Kawartha Lakes is hereby amended to add the
following subsect¡on.
19.4.
19.4.1.
2.
SPECIAL PROVISIONS:
On land designated Hamlet Settlement Area, identified as 103 Elm Tree
Road and described as Part of Lot 21, Concession '1 , 57R-7292, Parts 1
& 2, geographic Township of Mariposa, Section 19.3.13 shall not apply
and a consent is permitted to convey a residential lot with a minimum lot
area of 2,200 square metres, and to retain a residential lot with a
m¡n¡mum lot area of 2,500 square metres.
Schedule'A-2' of the City of Kawartha Lakes Official Plan is hereby amended by
inserting a note that the lot Ís subject to Policy 19.4.1 of the Official Plan, as
shown on Map'A'as'SUBJECT LAND'.
F.
N,IPLEÙIENTATIONA¡IDINTERPRETÂTION
The implementation and interpretation of this amendment shall be in accordance with
the relevant policies of the Official Plan.
42
KAWARTHA LAKES
Map 'A' to Amendment No. 19
to the City of Kawartha Lakes Official Plan
Geographic Township of Mariposa
oo
N
Lot 20
+L
Þ(U
Lot 21
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coN.
1
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,SUBJECT LAND'
Elm Tree Rd
'Valentia'
CON. A
43
BY-LAW 2015 A BY.L.AW TO AMEND THE TOWNSHIP OF MARIPOSAZONING BY.LAW NO. 94.07
APPENDIX
to
REPORT
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File D06-15-017, Report PLAN2015-092, respecting Part of Lot 21, Concession 1 ,
57R-7292, Parts 1 & 2, geographic Township of Mariposa, identified as 103 Elm Tree
Road - BRUMWELL.I
Recitals:
1
Section 34 of the Planning Acf authorizes Council io determine the appropriate
2.
relating to a specific parcel of land to permit the creation of a new residential lot
on the subject land.
3.
4.
A public meet¡ng to solicit public input has been held.
Council deems it appropriate to rezone the Property.
Accordingly, the Council of The Corporation of the Gity of Kawartha Lakes
enacts this By-law 2015--,
Propertv Añected: The Property affected by this by-law is described as Part of Lot
21, Concessian 1,57R-7292, Parts 1 & 2, 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 sections to Section 10.3:
'10.3.9
HAMLET RESTDENTTAL EXCEPTION NtNE (HR-g) ZONE
10.3.9.1
Notwithstanding article 10.2.1.1, land zoned "HR-9" shall
have a minimum lot area of 2,2OO square metres.
10.3.10 HAMLET RESIDENTTAL
10.3.10.1
EXCEPTTON TEN (HR-10) ZONE
Notwithstanding article 10.2.1 .1, land zoned "HR-10" shall
have a minimum lot area of 2,500 square metres.
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 Hamlet
Residential (HR) Zone to the Hamlet Residential Exception I (HR-g) Zone for the land
referred to as'HR-9', and from Hamlet Residential (HR) Zone to the Hamlet
Residential Exception 10 (HR-10) Zone for the land referred to as 'HR-'1 0', as shown
on Schedule 'A' attached to lhis By{aw.
2.01
Effectiva Date: This By-law shall come into force and lake effect on the date it
is finally passed, subject to the provisions of Section 34 of lhe Planning Act.
By-law read a first, second and third time, and finally passed, this ** day of **", 2015.
Andy Letham, Mayor
44
trILE NO.
t
D
tl
ï-A[teg:¿z
{-L<.o10 +
t5-ot
KAWARTHA LAKES
THIS IS SCHEDULE 'A'TO
THIS
BY-LAW
PASSED
2015
DAY OF
CITY CLERK
MAYOR
Geographic Township of MariPosa
æ
Lot 20
c\
+t
T'
(g
Lot
21
o
É.
J
}¿
coN.
1
c
É.
(U
c
o
HR-1
(E
HR-9
Elm Tree Rd
'Valentia'
CON. A
45
THE CORPORATION OF THE C¡TY OF KAWARTHA LAKES
Planning Committee Report
Report Number ENG2Oí
5-01 4
Date:
November 11,2015
1:00 p.m.
Place: Council Chambers
Time:
Ward Community ldentifier:
Subject:
Assumption of Cloverlea Subdivision, Phases
Gity of Kawartha Lakes
I
and 2:
Author/Title: Christina Sisson, Supervisor Development Engineering
Fe
s¡ nature:
Recom
dation(s):
RESOLVED THAT Report ENG201 5-014,'Assumption of Cloverlea Subdivision,
Phase 1 and 2, City of Kawartha Lakes' be received;
THAT an Assumption By-Law, substantially in the form attached as Appendix
"A" to Report ENG201 5-014 be approved and adopted by Council; and
Department Head:
Corporate Services Director / Other
Ch ief Admin
istrative Officer:
46
Repoft ENG2015-014
Assumption of Cloverlea Subdivision, Phases 1 and 2
Page 2 of 4
Background:
The City of Kawartha Lakes entered into Subdivision Agreements with Mason
Homes for Cloverlea Phase 1 (formerly known as Highlands Subdivision Phase
1) and Cloverlea Phase 2, registered respectively on January 20tn,2006 and
August 13th, 2008. The Owner, Mason Homes Limited, is seeking assumption of
these two subdivisions.
The servicing and the final lift of asphalt for the development have now been
completed and inspected to the satisfaction of the Engineering Division. All
mandatory maintenance periods have lapsed and in accordance with both of the
Subdivision Agreements, all public services are eligible for assumption.
Broad Street, Fallingbrook Crescent, Flynn Avenue, Purpledusk Drive, and
Thrushwood Trail were dedicated to the City upon registration of Plans 57M-769
and 57M-783. The City, pursuant to the Subdivision Agreement, is now obliged
to assume the roads shown as Fallingbrook Crescent, Thrushwood Trail,
Purpledusk Drive, and Broad Street, Plan 57M-769, and Broad Street,
Thrushwood Trail, and Flynn Avenue, Plan 57M-783. A copy of Plan 57M-769
and a copy of Plan 57M-783 have been attached as Appendix'B' and Appendix
'c'.
In addition, the stormwater management pond will be assumed and was
dedicated as Block 85 of Plan 57M-769 inside the dedicated park, Block 84 of
Plan 57M-769 which will be assumed as well.
Rationale:
The services in this development have been constructed and installed according
to the plans and specifications as outlined in the Subdivision Agreements. Staff
most recently carried out an inspection of these subdivisions on September 30th,
2015 at the request of the Owner, in anticipation of the assumption (formal
request for assumption received October 23'o, 2015). To date, all deficiencies
have been corrected, and the roads are now in a condition to be assumed. The
Owner has provided all documentation required to proceed with assumption of
the roads.
During the last inspection, four bays of damaged sidewalk were identified on
Thrushwood Trail at the intersection with Broad Street, and the Owner has
committed to repairing the sidewalk during the interim and replacing the four
bays "at the time the sidewalk is installed prior to top asphalt in Phase 3". ln
addition, through review of camera work for the storm pipes downstream of the
stormwater management pond, leaks and a crack were identified. The Owner is
required to repair these deficiencies.
47
Repoft ENG2015-014
Page 3 of 4
Other Alternatives Gonsidered
:
Council could decide not to proceed with assumption of the roads identified;
however, this would not be consistent with our commitment through the
Subdivision Agreements previously supported
and is therefore, not
recommended or supported by staff.
Financial Considerat¡ons:
The costs of registering the release for each subdivision is the only cost
associated with this work and will be borne by Mason Homes Limited.
The current letter of credit for Phase 1 in the amount of $300,617.22 and for
Phase 2 $326,479.85 that remains for this development shall be released
following the passing of an Assumption By-Law.
The Owner has committed to replacing the damaged sidewalk bays in the future
and is required to repair the storm pipes downstream of the pond. The City will
hold $25,000 for security until sufficient As Builts, camera work, and certification
are received. Therefore, the current letter of credit for Phase 1 shall be reduced
to the amount of $25,000.00.
Upon assumption of the Subdivisions, the City will be responsible for the general
maintenance of the streets and services (in addition to services already
provided), and of the stormwater management pond and park, and associated
funds will need to be allocated in future budgets. Following the passing of the
assumption by-law for Phase 1 of Cloverlea, the Owner has committed to
notifying the Ministry of the Environment and Climate Change of the change of
ownership for the stormwater management pond (Certificate of Approval Number
4490-6FSOVP).
Prosperity, Quality of Life and a Healthy Environment.
This application aligns with the prosperity priorities in that new residents will be
attracted to the City with the development of housing options that have
connectivity to retail services and parks and open space.
Review of Accessibility lmplications of Any Development or
Policy:
The Subdivision has been completed to the City's standards at the time of
execution of the Agreement.
48
Repoñ ENG2015-014
Page 4 of 4
Servicing Comments:
The Subdivision has been serviced in accordance with the approved design.
This Subdivision consists of approximately 1756 metres of sanitary sewer, 1982
metres of storm sewer, 1563 metres of watermain, and 1728 metres of road.
ln
addition,
the stormwater management pond has a total volume of
approximately 17,000 cubic metres and an additional 247 metres of storm sewer
(inlet to pond and outlet to Angeline).
Gonsultations:
Planning Division
Finance Division
Parks, Recreation and Culture Division
Public Works Department
Attachments:
Appendix A - Draft Assumption By-Law:
rj
ENG2015-014
Attachment A.doc
Appendix B - Plan 57M-769
- Plan of Subdivision, Cloverlea Phase
1
E.
,LENG2015-014 -
Appendix B.pdf
Appendix C - Plan 57M-783
- Plan of Subdivision,
Cloverlea Phase 2
@"
,L
ENG2015-014 -
Appendix C.pdf
Phone: (7051324-941 1 Ext. 1152, 1 -888-822-2225 ext. 1152
E-Mai I : csisson@citv. kawarthalakes.on.ca
Department Head: Juan Rojas, Acting Director of Development Services
Department File:
49
APPENDIX
to
REPORT
FILE NO.
BY-LAW 2015.
A BY-LAW TO ASSUME FALLINGBROOK CRESCENT 57M- (PlN: ), PURPLEDUSK
DRIVE 57M- (P¡N: ), AND THRUSHWOOD TRAIL 57M- (PlN: ), BROAD STREET
PLAN 57M-769 (PlN: ), AND BROAD STREET, FLYNN AVENUE, AND
THRUSHWOOD TRAIL PLAN 57M-783 (PlN: ), GEOGRAPHIC TOWN OF LINDSAY,
THE CORPORATION OF THE CITY OF KAWARTHA LAKES.
Recitals
1
2
Subsection 31(a) of the Municipal Act, 2001 authorizes Council to assume
unopened road allowances or road allowances shown on registered plans of
subdivision for public use, by by-law.
Council now deems it desirable to assume Broad Street, Fallingbrook Crescent,
Purpledusk Drive, and Thrushwood Trail, Plan 57M-769, and Broad Street, Flynn
Avenue, and Thrushwood Trail, Plan 57M-783, Geographic Town of Lindsay, the
Corporation of the City of Kawartha Lakes as public highways in the City of
Kawartha Lakes.
Accordingly, the Gouncil of The Gorporation of the Gity of Kawartha Lakes enacts
this By-law 2015--.
Section 1.00: Definitions and lnterpretation
1.01
Definitions ln this by-law,
"Gity", "Gity of Kawartha Lakes" or "Kawartha Lakes" means The
Corporation of the City of Kawartha Lakes.
"C¡ty Clerk" means the person appointed by Council to carry out the duties of
the clerk described in section 228 of the Municipal Act, 2001;
"Council" or "City Council" means the municipal council for the City
1.02
lnterpretation Rules:
(a)
The Schedules attached to this by-law form part of the by-law, and are
enforceable as such.
50
r
fl
t
,lNç?otç-ô/4
(b)
The words "include" and "including" are not to be read as limiting the
meaning of a word or term to the phrases or descriptions that follow.
1.03 Statutes: References
to laws in this by-law are meant to refer to the statutes, as
amended from time to time, which are applicable within the Province of Ontario.
1.04 Severabilitv: If a court or tribunal of competent
jurisdiction declares any portion
of this by-law to be illegal or unenforceable, that portion of this by-law shall be
considered to be severed from the balance of the by-law, which shall continue to
operate in full force and effect.
Section 2.00: Highway Assumption
2.01
a)
Assumption: The fol lowing highways are assumed by the City:
The roads known as Broad Street, Plans 57M-769 and 57M-783, Fallingbrook
Crescent, Plan 57M-769, Purpledusk Drive, Plan 57M-769, Thrushwood Trail,
Plans 57M-769 and 57M-783, and Flynn Avenue, Plan 57M-783, Geographic
Town of Lindsay, City of Kawartha Lakes.
Section
3.00: Effective
3.01
Effective Date: This By-law shall come into force on the date it is finally passed
Date
By-law read a first, second and third time, and finally passed, this
2015.
day of
-,
Andy Letham, Mayor
Judy Currins, Clerk
51
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PLANNING COMMITTEE_Nov11_2015

Transcription

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