21-02-02 - Public Meeting - Zoning By-Law Amendment - Agenda

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AGENDA PUBLIC MEETING

ZONING BY-LAW AMENDMENT

Tuesday, February 2, 2021 5:30 p.m. Conference Call

Conference Call (audio) Dial-In Number 1-855-344-7722 or 613-244-1312 Conference ID: 1554771 GoToMeeting (visual) https://global.gotomeeting.com/join/338441077

As the province of Ontario continues to take significant steps to limit the transmission of the COVID-19 virus, the Township continues to protect the health and safety of the public, Council, Committee and Board Members, and employees while at the same time processing Planning Act applications. Therefore, the Township is holding an electronic public meeting, as per the Procedural By-Law, in accordance with the Planning Act, Section 34. There will NOT be any ability to attend the public meeting in person to help prevent the spread of COVID-19. The public may participate by alternate means. The Township strongly encourages written comments to be submitted prior to the public meeting to [email protected]. A conference call line will be available during the public meeting to enable the public to participate and make oral representations. There will also be the ability to view the meeting agenda and materials on an electronic device. The details to join the conference call and view the materials are located above.

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upon completion of your thought, please re-mute Reeve Campbell will call the meeting to order at the time indicated on the agenda and at

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Application; for Members, we request that you retain your questions until the end of the report, at

which time the Chair will ask if anyone has questions; you will be required to say your name (ex. Deputy Reeve Crampton) and if more than one

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the same process will be used when the Public are asked for comments

5:30 p.m. Public Meeting - Zoning By-Law Amendment Following Committee of the Whole Meeting Chair, Reeve Brian Campbell 1. CALL TO ORDER

2. INTRODUCTION

The purpose of this public meeting is to hear applications for Zoning By-Law

Amendments for the following applications: Whyte

The Planner will provide a brief overview of the details of the file. The applicant will then be given an opportunity to explain the need for the Zoning By-Law Amendment. Then, any person or public body, in opposition and then in favour, to the application will be heard.

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If a person or public body would otherwise have an ability to appeal the decision of the Council of the Corporation of Tay Valley Township to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to Tay Valley Township before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to Tay Valley Township before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

The Clerk must provide notice of Council’s decision to all those who request a

copy within 15 days after the day the by-law is passed. Anyone may appeal the decision to the Local Planning Appeal Tribunal by filing with the Clerk within 20 days of the notice of decision.

An appeal to the Local Planning Appeal Tribunal may be filed with the Clerk of the Township not later than 20 days after the day that the notice of decision was given. The notice of appeal must set out the objection to the by-law and the reasons in support of the objection, accompanied by the required fee.

If you are interested in receiving a copy of the decision, please contact the Planning Assistant at [email protected].

3. APPLICATIONS

i) FILE #ZA20-16: Whyte – attached, page 5. Part Lot 23, Concession 3 Geographic Township of Bathurst

a) PLANNER FILE REVIEW & PROPOSED BY-LAW

b) APPLICANT COMMENTS

c) PUBLIC COMMENTS

d) RECOMMENDATION

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APPLICATIONS

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REPORT

PUBLIC MEETING February 2nd, 2021

Noelle Reeve, Planner

ZONING BY-LAW AMENDMENT – ZA20-16

(WHYTE)

STAFF RECOMMENTATION It is recommended: “THAT, Zoning By-law No. 02-121 be amended to rezone the lands at 156 Christie Lake Road, East Part Lot 23 Concession 3, Geographic Township of Bathurst (091191601530800) from Rural (RU) to Residential Exception (R-24, R-25, R-26) Rural Exception (RU-17) and EP.” Specifically: That, the lot proposed in B19/066 shall be rezoned to Residential Special Exception–24 (R-24) to permit undersized frontage of 45m instead of 60m, to specify a minimum 15m setback from the edge of the wetlands identified by the Environmental Impact Statement by Pinegrove Environmental, and to permit a 25m setback from the watercourse, and that the wetland area be rezoned to Environmental Protection to protect the natural heritage features identified by the Pinegrove EIS; That, the lot proposed in B19/067 shall be rezoned to Residential Special Exception–25 (R-25) to permit undersized frontage of 45m instead of 60m, to identify a minimum 15m setback from the edge of the wetlands identified by the Environmental Impact Statement, and that the wetland area be rezoned to Environmental Protection to protect the natural heritage features identified by the Pinegrove EIS; That the lot proposed by B19/065 be rezoned to Residential Special Exception–26 (R-26) to permit a 25m setback from the watercourse; That, the retained lot be rezoned to Rural Special Exception–17 (RU-17) to recognize the reduced frontage of 27m on the condominium road.”

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BACKGROUND The proposals are located at 516 Christie Lake Road (less than a kilometre from the Town of Perth). Three severed lots (.0607 ha, 1.01 ha, 1.01 ha) with (90m, 45m, 45m) frontage on a condominium road were granted conditional approval at a Local Planning Appeals Tribunal (LPAT) hearing in November 2020. The condominium road will have 27m frontage (the width of the existing driveway) on Christie Lake Road. The approximately 2 ha retained lot contains an existing dwelling, outbuildings, and driveway and is proposed to have 27m frontage on the condominium road. DISCUSSION PROVINCIAL POLICY STATEMENT No concerns. Sections 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns supports the infill development proposed by this application as it represents efficient development versus sprawl. Section 2.1.1 Natural Heritage states that, “Natural features and areas shall be protected for the long term”. Although there is a watercourse on the property as well as wetlands, Section 2.1 Natural Heritage is satisfied as the development is not anticipated to affect these features if the recommendations of the Environmental Impact Statement (EIS) prepared by Pinegrove Environmental (and reviewed by the RVCA’s biologists) are implemented in a Development Agreement or Site Plan Control Agreement. Section 2.2.2 Water states, “Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their hydrologic function will be protected, improved or restored”. The aquifers throughout Tay Valley Township are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking ground water supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Section 3.1 Protecting Public Health and Safety – Natural Hazards is met as there is no floodplain hazard identified for the watercourse and the pockets of organic soils on the property will be addressed through the proposed language in the Development Agreements that should note that groundwater elevations have been indicated to be close to the surface on-site and may need to be investigated to determine appropriate mitigation measures prior to construction. COUNTY SUSTAINABLE COMMUNITY PLAN Section 3.3.3.1 Rural Area Land Use Policies Objectives are to: ensure development is consistent with rural service levels; to maintain the distinct character of rural, waterfront and settlement areas; and to ensure that development is compatible with natural heritage features.

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Section 5.5.8 Surface and Ground Water Protection and Enhancement states that, “the ground water resource is crucial in the County of Lanark as it is the source of drinking water for the vast majority of our communities and our rural population. In addition to residential uses, ground water is crucial for the watering of livestock, farm irrigation and commercial and industrial uses. The County of Lanark and its constituent municipalities have an obligation to consider the impact of development and land use on surface water and ground water in order to ensure the long term viability of this resource. Areas in the County have been identified as Highly Vulnerable Aquifers and Significant Groundwater recharge Areas in the Source Protection Plan. Section 7.4 Public Health and Safety – Hazardous Geological formations states, “Development and site alteration in areas designated as having unstable slopes, unstable bedrock, organic soils, Leda clay or Karst topography is generally prohibited unless sufficient engineering information indicates the site can be made suitable”. OFFICIAL PLAN The proposed severed lots are designated Rural under Section 3.6 of the Township Official Plan and under Section 2.23.2 they are also located within Municipal Drinking Water Intake Protection Zone 9 (IPZ-9). The use is proposed to be residential which is permitted in the Rural designation and does not trigger a Risk Management Plan under the Mississippi Rideau Sourcewater Protection Plan. The wetlands on the property provide hydrological benefits including: a groundwater recharge/discharge area, providing a more stable source of water during low water conditions; filtering drinking water; and attenuation of flood water. The subject property is also identified as overlying a highly vulnerable aquifer. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking ground water supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Under Section 2.22.5 Natural Heritage Features, the wetlands on the property were evaluated for species protection through the Pinegrove EIS. The provisions of Sections 5.2.7 and 5.2.9 Land Division are met through implementing the requirements of the EIS in a Development Agreement. The prohibition against creating a new private road spelled out in Section 5.2.3.5 Land Division is met by the proposed creation of a condominium road. ZONING BY-LAW The proposed severed parcels and retained lot are zoned Rural (RU) which permits residential development. A minimum lot area of 1.0 ha and 60 m of road frontage are required for lots within the Rural zone. As the proposed severed and retained lots do not meet these

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requirements for frontage or have environmental protection requirements to be implemented through zoning, site specific rezoning for each of the proposed severed lots and the retained lot is required. The 0.54 ha lot proposed by B19/065 with 60 m frontage on the proposed condominium road requires rezoning to Residential-Special Exception as it is undersized for the Rural zone. In addition the EIS suggests it be rezoned to provide a 25m setback from the watercourse. The 1.08 ha lot proposed in B19/066 is proposed to be rezoned to Residential - Special Exception to permit undersized frontage of 45m instead of 60m. Frontage of 45m is permitted in a Hamlet and is frequently permitted for subdivision lots and is appropriate for this infill development. This lot will also require a minimum 15m setback from the edge of the wetlands identified by the EIS. In addition, the wetland portion of the lot will be rezoned to Environmental Protection. The EIS also suggested a 25m setback from the watercourse. The 1.08 ha lot proposed in B19/067 is proposed to be rezoned to Residential - Special Exception to permit undersized frontage of 45m instead of 60 and to identify a minimum 15m setback from the edge of the wetlands identified by the EIS. In addition, the wetland portion of the lot will be rezoned to Environmental Protection. The 2.02 ha retained lot is proposed to be rezoned to Rural Special Exception to permit a reduced frontage of 27m on the internal condominium road. The proposed condominium road to be created by B19/068 shall be constructed to meet the requirements of the Township’s Private Road Standards policy. The existing driveway will form the basis of the condominium road and no environmental concerns were raised by the EIS or by the RVCA. RIDEAU VALLEY CONSERVATION AUTHORITY (RVCA) RVCA has no objection. The RVCA recommended that sections 18 and 19 of the Pinegrove EIS be incorporated into zoning and Development Agreement requirements and they have been. MISSISSIPPI RIDEAU SEPTIC SYSTEM OFFICE (MRSSO) MRSSO has no objections. The septic systems must be located greater than 30m from a waterbody. PUBLIC COMMENTS No comments at the time of the report. CONCLUSION The Planner recommends that the proposed amendments be approved to rezone the lands at 156 Christie Lake Road Lot 23 Concession 3 from Rural (RU) to Residential Exception (R-24, R-25, R26) Rural Exception 17 (Ru-17) and EP.

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ATTACHMENT i) Site Sketch ii) Zoning By-laws Prepared and Submitted By: Approved for Submission By: Original Signed Original Signed Noelle Reeve, Amanda Mabo Planner Acting Chief Administrative Officer/Clerk

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THE CORPORATION OF TAY VALLEY TOWNSHIP

BY-LAW NO. 2021-0xx

A BY-LAW TO AMEND ZONING BY-LAW NO. 2002-121, AS AMENDED (WHYTE – 516 CHRISTIE LAKE ROAD – B19/66)

(EAST PART LOT 23, CONCESSION 3, GEOGRAPHIC TOWNSHIP OF BATHURST)

WHEREAS, the Planning Act, R.S.O. 1990, Chapter P.13 Section 34 as amended, provides that the Councils of local municipalities may enact by-laws regulating the use of land and the erection, location and use of buildings and structures within the municipality; AND WHEREAS, By-Law No. 2002-121, as amended, regulates the use of land and the erection, location and use of buildings and structures within Tay Valley Township; AND WHEREAS, the Council of the Corporation of Tay Valley Township deems it advisable to amend By-Law No. 2002-12, as amended, as hereinafter set out; AND WHEREAS, this By-Law implements the polices and intentions of the Official Plan for Tay Valley Township; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley Township enacts as follows: 1. GENERAL REGULATIONS

1.1 THAT, By-Law No. 2002-121, as amended, is further amended by amending the zoning from Rural (RU) to Residential Exception-24 (R-24) on the lands legally described as E Part Lot 23 Concession 3, Geographic Township of Bathurst, now in Tay Valley Township, County of Lanark (Roll #091191601530800), in accordance with Schedule “A” attached hereto and forming part of this By-Law.

1.2 THAT, By-Law No. 2002-121, as amended, is further amended by adding the following new subsection at the end of Section 5.1.4 (Special Exception Zones):

24. R-24 (E Part Lot 23, Concession 3, Bathurst)

Notwithstanding the provisions of Sections 5.2, on the lands zoned R-24 the following provisions shall prevail:

Lot Frontage (minimum) 45 m Water Setback (minimum) 25 m Wetland Setback (minimum) 15 m

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THE CORPORATION OF TAY VALLEY TOWNSHIP BY-LAW NO. 2021-0xx

1.3 THAT, the west part of the lot (shown on Schedule A) is zoned Environmental

Protection (EP).

1.4 THAT, all other applicable standards and requirements of By-Law No. 2002-121 shall continue to apply to the subject property.

1.5 THAT, this By-Law shall come into force and effect with the passing thereof, in accordance with the Planning Act, as amended.

2. ULTRA VIRES

Should any sections of this by-law, including any section or part of any schedules attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the remaining sections shall nevertheless remain valid and binding.

3. EFFECTIVE DATE

ENACTED AND PASSED this 16th day of February 2021.

_____________________ ____________________ Brian Campbell, Reeve Amanda Mabo, Clerk

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SCHEDULE “A”

WHYTE – 516 Christie Lake Road E Part Lot 23, Concession 3 Geographic Township of Bathurst Tay Valley Township

Area(s) Subject to the By-Law Certificate of Authentication To amend the Zoning provisions Rural This is Schedule “A” to By-Law 2021-0xx (RU) to Residential Special Exception (R-24) passed this 16th day of February 2021. __________________________________ _________________________________ Reeve Clerk

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BY-LAW NO. 2021-0xx




1.1 THAT, By-Law No. 2002-121, as amended, is further amended by amending the zoning from Rural (RU) to Residential Exception (R-25) on the lands legally described as Lot 23 Concession 3, Geographic Township of Bathurst, now in Tay Valley Township, County of Lanark (Roll #091191601530800), in accordance with Schedule “A” attached hereto and forming part of this By-Law.


25. R-25 (Lot 23, Concession 3, Bathurst)

Notwithstanding the provisions of Sections 5.2.7 and 5.2.9, on the lands zoned R-25 the following provisions shall prevail:

Lot Frontage (minimum) 45 m Wetland Setback (minimum) 15 m

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1.3 THAT, the west part of the lot (shown on Schedule A) is zoned Environmental

Protection (EP).



4. ULTRA VIRES


4. EFFECTIVE DATE



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SCHEDULE “A”

WHYTE – 516 Christie Lake Road East Part Lot 23, Concession 3 Geographic Township of Bathurst Tay Valley Township


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BY-LAW NO. 2021-0xx




1.1 THAT, By-Law No. 2002-121, as amended, is further amended by amending the zoning from Rural (RU) to Residential Exception (R-26) on the lands legally described as East Part Lot 23 Concession 3, Geographic Township of Bathurst, now in Tay Valley Township, County of Lanark (Roll #091191601530800), in accordance with Schedule “A” attached hereto and forming part of this By-Law.


26. R-26 (East Part Lot 23, Concession 3, Bathurst)

Notwithstanding the provisions of Sections 5.2.7 and 5.2.9, on the lands zoned R-26 the following provisions shall prevail:

Water Setback (minimum) 25 m

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BY-LAW NO. 2021-0xx



6. ULTRA VIRES


5. EFFECTIVE DATE



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SCHEDULE “A”

WHYTE – 516 Christie Lake Road East Part Lot 23, Concession 3 Geographic Township of Bathurst Tay Valley Township


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BY-LAW NO. 2021-0xx

A BY-LAW TO AMEND ZONING BY-LAW NO. 2002-121, AS AMENDED (WHYTE – 516 CHRISTIE LAKE ROAD – RETAINED LOT)

(LOT 23, CONCESSION 3, GEOGRAPHIC TOWNSHIP OF BATHURST)


1.1 THAT, By-Law No. 2002-121, as amended, is further amended by amending the zoning from Rural (RU) to Rural Special Exception (RU-19) on the lands legally described as E Part Lot 23 Concession 3, Geographic Township of Bathurst, now in Tay Valley Township, County of Lanark (Roll #091191601530800), in accordance with Schedule “A” attached hereto and forming part of this By-Law.


19. RU-19 (E Part Lot 23, Concession 3, Bathurst)

Notwithstanding the provisions of Section 10.2 on the lands zoned RU-19 the following provisions shall prevail:

Road Frontage (minimum) 27 m

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1.3 THAT, the west third of the lot (shown on Schedule A) is zoned Environmental

Protection (EP).



8. ULTRA VIRES


6. EFFECTIVE DATE



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SCHEDULE “A”

WHYTE – 516 Christie Lake Road East Lot 23, Concession 3 Geographic Township of Bathurst Tay Valley Township

Area(s) Subject to the By-Law Certificate of Authentication To amend the Zoning provisions Rural This is Schedule “A” to By-Law 2021-0xx (RU) to Rural Exception (RU-19) passed this 16th day of February 2021. __________________________________ _________________________________ Reeve Clerk

21-02-02 - Public Meeting - Zoning By-Law Amendment - Agenda

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