township of north stormont

Township of North

Stormont

Agenda

Zoning Amendment Public Meeting

Tuesday, October 25, 2016 @ 6:30 PM

Council Chambers

Page

1. CALL TO ORDER 1.1. Call to Order

THAT this public meeting to hear a proposed Zoning By-law Amendment

under Section 34 of the Planning Act is hereby called to order.

2. AMENDEMENT TO THE AGENDA(ADDITION/DELETION) 2.1. Addition to agenda - Minutes - January 26, & March 8, 2016.

3. ADOPTION OF AGENDA 3.1. Agenda

THAT Council adopts the October 25th, 2016 agenda with the addition of

minutes from January 26 and March 8, 2016.

4. DISCLOSURE OF PECUNIARY INTEREST

5. ADOPTION OF MINUTES OF PREVIOUS MEETING 5.1. Minutes

THAT Council adopts the minutes from January 26, and March 8, 2016

meetings. Public Mtg January 26, 2016-2

Public Mtg March 8, 2016

3 - 6

6. PRESENTATIONS 6.1. Presentation by the Community Planner

PD-055-2016 Leduc Zoning Amendment RU-24

Leduc Zoning By-law Amendment Powerpoint

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7. QUESTION PERIOD RESERVED TO COUNCIL MEMBERS

8. QUESTION PERIOD RESERVED FOR MEMBERS OF THE PUBLIC

9. ADJOURNMENT 9.1. Adjournment

THAT this public meeting to hear a Zoning By-law Amendment application

under Section 34 of the Planning Act is hereby adjourned.

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TOWNSHIP OF NORTH STORMONTPublic Meeting under Section 34 of the Planning Act

Minutes of January 26, 2016

The Public Meeting of the Township of North Stormont was held on the above date, in the Council Chambers, Berwick.

The following members of the committee were present:Bill McGimpsey …………………….. Deputy MayorJim Wert ………………………………. CouncillorFrançois Landry ……………………. CouncillorRandy Douglas ………………………. Councillor

Also Present:Marc Chénier …………………………. Chief Administrative Officer/ClerkGinette Martin-Stephan ………….. Deputy ClerkAmy Doyle ……………………………… Community PlannerLucie Légaré ................................ Economic Dev/Community Recreation Agent

Member of the Public present: Michael Burh

RESOLUTION NO. 485 JANUARY 2016MOVED BY: COUNCILLOR RANDY DOUGLASSECONDED BY: COUNCILLOR JIM WERTTHAT Council convene at 6:30 p.m. on January 26th, 2016 for a Public Meeting. CARRIED

RESOLUTION NO. 486 JANUARY 2016MOVED BY: COUNCILLOR FRANÇOIS LANDRYSECONDED BY: COUNCILLOR RANDY DOUGLASTHAT the agenda for the January 26th, 2016 Public Meeting be approved. CARRIED

DECLARATION OF PECUNIARY INTEREST: None

RESOLUTION NO. 487 JANUARY 2016MOVED BY: COUNCILLOR JIM WERTSECONDED BY: DEPUTY MAYOR BILL MCGIMPSEY THAT the Minutes of November 24, 2015 Public Meeting be adopted by Council. CARRIED

The Community Planner’s presentation demonstrated with a slide show the description, technical/legal information and illustration with maps the area to be rezoned for Jay Burh.

Comments:Councillor François Landry asked about the building if it was separate dwelling unit.Councillor Randy Douglas asked if the difference between in-law suite and an accessory apartment.Councillor Jim Wert asked about the social significance concerning in-law suites and the impact on property value with MPAC.

Our Community Planner Amy Doyle answered Councillor Landry and Councillor Douglas, our Chief of Administration/Clerk spoke on the property value.

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Township of North Stormont Minutes of January 26, 2016 Page 2 of 2

RESOLUTION NO. 488 JANUARY 2016MOVED BY: COUNCILLOR FRANÇOIS LANDRYSECONDED BY: COUNCILLOR JIM WERTTHAT this Public Meeting adjourn at 6:45 p.m. CARRIED.

__________________________Dennis FifeMayor

___________________________Marc ChénierChief Administrative Officer/Clerk

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TOWNSHIP OF NORTH STORMONT Public Meeting under Section 34 of the Planning Act

Minutes of March 8, 2016

The Public Meeting of the Township of North Stormont was held on the above date, in the Council Chambers, Berwick.

The following members of the committee were present:Dennis Fife ……………………… MayorBill McGimpsey ……………….. Deputy MayorJim Wert ………………………….. CouncillorFrançois Landry ……………….. CouncillorRandy Douglas …………………. Councillor

Also Present:Marc Chénier ……………………. Chief Administrative Officer/ClerkCatherine …………………………. Director of FinanceGinette Martin-Stephan ….. Deputy ClerkAmy Doyle ……………………….. Community PlannerLucie Légaré .................... Economic Park & Recreation AgentBlake Henderson ……………… Public Works Superintendent

Member of the Public present: Paul Provost, Jean Larocque, Vincent Detillieux, Dave Armstrong, Bill & Penny Nyenkamp

RESOLUTION NO. 538 MARCH 2016MOVED BY: DEPUTY MAYOR BILL MCGIMPSEYSECONDED BY: COUNCILLOR JIM WERTTHAT Council convene at 6:30 p.m. on March 8th, 2016 for a Public Meeting. CARRIED

RESOLUTION NO. 539 MARCH 2016MOVED BY: DEPUTY MAYOR BILL MCGIMPSEYSECONDED BY: COUNCILLOR FRANÇOIS LANDRY THAT Council approve the removing of 5. Minutes of November 24, 2015 from the agenda. CARRIED

DECLARATION OF PECUNIARY INTEREST: None

The Community Planner’s presentation demonstrated with a slide show the description, technical/legal information and illustration with maps the area to be rezoned for Paul Provost.

Comments:No comment from the public.

Deputy Mayor Bill McGimpsey asked if Matheson Street had access to County Road 12.Councillor Randy Douglas asked if the water & sewer is already in place.Paul Provost stated yes to both questions.

The Community Planner’s presentation demonstrated with a slide show the description, technical/legal information and illustration with maps the area to be rezoned for St. Joseph Developments.

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Township of North Stormont Minutes of March 8, 2016 Page 2 of 2

Comments:No comments from the public, received comments from South Nation Conservation advising on the regulations concerning the flood zone.

Councillor Randy Douglas had some concern about the height of the proposal building.Deputy Mayor Bill McGimpsey wanted to know if the water & sewer capacity was discussed with the Ontario Clean Water Agency (OCWA).

The representative from St. Joseph Developments, Vincent Detillieux answered their questions.

RESOLUTION NO. 540 MARCH 2016MOVED BY: COUNCILLOR RANDY DOUGLASSECONDED BY: COUNCILLOR FRANÇOIS LANDRYTHAT this Public Meeting adjourn at 6:55 p.m. CARRIED.

__________________________Dennis FifeMayor

___________________________Marc ChénierChief Administrative Officer/Clerk

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The Corporation of the Township of

Report No. PD-055-2016

File No. C-Council, Boards &

By-laws – C-11 Reports to Council –

CBO/Planning

Agenda Date: October 25, 2016

Subject: Leduc – Zoning Amendment

Attachments: 1. Severance Sketch 2. Severance Conditions

1.0 RECOMMENDATION

That Council directs the Community Planner to prepare a By-law to rezone a portion of the property legally described as Concession 4, Lot 16, former Township of Roxborough, now the Township of North Stormont to rezone the property from the “Rural (RU)” zone to the “Rural – Exception Twenty-Four (RU-24)” zone as a condition of severance (File No. B-54/16).

2.0 BACKGROUND 2.1 The applicant has applied to

rezone approximately 20 acres of land from the Rural (RU) zone to the Rural – Exception Twenty-Four (RU-24) zone as a condition of severance. The proposed rezoning would prohibit any form of development on the 20 acres due to the lack of frontage on an open and maintained road. The subject property does not appear to be within a Well Head Protection Area (WHPA) as per the Source Water Protection Plan.

3.0 POLICY CONDISERDATION 3.1 The subject lands are located within the Agricultural Resource Lands and Rural District

designation as indicated on Rural Area Land Use Schedule A3. The twenty-acre parcel is wholly located within the Rural District Designation.

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2

Official Plan

3.06.6 Planning Principles

3. Frontage and Access All uses shall have frontage on and direct access to an open and maintained year round public road. Exceptions may be made for existing lots of record on private roads, condominium development, islands (water access), for infrastructure uses and utilities and for resource lands where deemed appropriate (see also Section 3.06.13).

8.14.13 Subdivisions, Consents, Part-Lot Control and Deeming – Sections 50-53 J. The lot(s) shall have frontage on and direct access to an open year round maintained public road unless otherwise exempted (see also Section 3.06.6.3). Frontage may be exempted for farm land or extractive operations where back lands are otherwise accessible (e.g. unopened road allowance, right-of-way, from abutting lands owned by applicant).

3.2 Provincial Policy Statement

All Planning matters “shall be consistent with” the Provincial Policy Statement (2014). 1.1.5 Rural Lands in Municipalities 1.1.5.5 Development shall be appropriate for the infrastructure which is planned or available,

and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure.

4.0 ANALYSIS 4.1 The proposed zoning amendment applies to a twenty-acre parcel of land which has received

approval from the United Counties to be severed from a 200-acre lot. In order to fulfill the conditions of severance, the twenty acres of land must be rezoned to prohibit any development due to the lack of road frontage. The remaining 180 acres of land will not be rezoned.

4.2 The twenty-acre parcel of land is currently vacant. There is access via an unopened road

allowance (Seguin Road). A portion of the unopened road allowance is already used for mineral aggregate extraction (sand). Any future proposals to extract mineral aggregates from the twenty-acre parcel would require a Zoning By-law Amendment and an application through the Aggregate Resources Act. An Agreement with the Municipality would be required for any alteration to the unopened road allowance.

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4.3 Prohibiting development on the twenty-acres of land ensures that there are no undue pressures to extend Seguin Road. The Municipality has the final approval in whether or not to extend any roadway within its jurisdiction.

5.0 ENVIRONMENTAL CONSIDERATIONS 5.1 There do not appear to be any significant

environmental features on the subject property. There is a small portion of significant woodlands as per Schedule B3 – Constraints Map of the United Counties Official Plan.

6.0 ALTERNATIVES

Council has the following alternatives available to them:

6.1 Refuse to consider the proposed Zoning By-law Amendment Application. 6.2 Not render a decision. The applicant can then appeal the non-decision of Council since Council

has not made a decision within 120 days of the amendment being applied for as legislated in S. 34(1)) of the Planning Act.

7.0 FINANCIAL/STAFFING IMPLICATIONS This item has been approved in the current budget: Yes □ No □ N/A x

This item is within the approved budgeted amount: Yes □ No □ N/A x

This item is mandated by the Provincial/Federal Government: Yes □ No □ N/A x

8.0 COMMENTS FROM THE PUBLIC 8.1 The Township did not receive any comments from members of the public or from any public

agencies.

8.2 Please see the attached sheet for any comments from municipal departments. Prepared By: Reviewed and Submitted for Council submitted by: consideration by: Amy Martin, M.Pl Marc Chénier Community Planner CAO/Clerk Economic Development Officer

The Unopened Road Allowance heading west from Seguin Road.

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Zoning By-law Amendments

1. Council must have one advertised public meeting and,

“ensure that sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by Council.”

(Planning Act – Section 34(12)(a))

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2. Section 34(14.2) of the Planning Act states

that:

“every person who attends a public meeting shall be given an opportunity to make representations in respect of the proposed by-law.”

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3. If a person or public body does not make oral

submissions at the public meeting or make

written submissions to North Stormont

Township before the By-law is passed, the

person or public body is not entitled to

appeal the decision of the Council of North

Stormont to the Ontario Municipal Board (OMB).

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4. Should Council adopt the Zoning Amendment(s), the following applies:

a) Notice of Passing must be published within 15 days after

the by-law is passed. (Sec. 34(18))

b) There is a 20 day appeal period. (Sec. 34(19))

c) Only the following can appeal:

1. The Applicant

2. A person or public body who, before the by-law is (was) passed, made oral submissions at the public meeting or written submissions to the N.S. Council,

3. The Minister (MMA). (Sec. 34(19)).

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4. d) The notice of appeal must contain the reasons in support of the objection, accompanied by the fee prescribed.

e) If there are no appeals, the zoning by-law comes into force the day it was passed.

5. If you wish to be notified of the passing of the proposed amendment(s), you must make a written request to the Clerk of the Township of North Stormont.

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Zoning By-law Amendment Alain & Susan Leduc

Location: Concession 4, Lot 16, former Township of Roxborough, now the Township of North Stormont

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Purpose: To rezone a portion of the property from the “Rural (RU)” zone to the “Rural – Exception Twenty-Four (RU-24)” zone.

Effect: If the proposed By-law amendment is adopted, a portion of the subject land, being about twenty acres, will be rezoned prohibit future development to recognize the lack of road frontage.

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Lot Size: 20 acres to be rezoned

Existing Uses: Vacant

Proposed Uses: Same

United Counties Official Plan: Rural District

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Background • Twenty acre parcel is currently vacant.

• Consent was granted on August 26th – rezoning is a condition of consent

• Proposed access will be through an unopened road allowance (Seguin Road)

• Not within a Well Head Protection Area (WHPA)

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Policy Direction – Official Plan

3. Frontage and Access

All uses shall have frontage on and direct access to an open and maintained year round public road. Exceptions may be made for existing lots of record on private roads, condominium development, islands (water access), for infrastructure uses and utilities and for resource lands where deemed appropriate.

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Provincial Policy Statement (2014)

All decisions of Council affecting planning matters “shall be consistent with” the Provincial Policy Statement.

1.1.5 Rural Lands in Municipalities

1.1.5.5 Development shall be appropriate for the infrastructure

that is planned or available and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure.

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Analysis

• The rezoning is needed in order to fulfill a condition of severance (File No. B-54/16).

• Restricting any future development on the subject property is to recognize that the twenty acre parcel will not meet the road frontage requirement of the Zoning By-law. An exception is being made in this case.

• The twenty acre parcel will be accessible via an unopened road allowance.

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Analysis

• The property owner believes that there may be the potential to develop the twenty acre parcel of land as a sand pit.

• Aggregates are regulated under the Aggregate Resource Act. Any application to develop the land for a sand pit must go through the Act. A rezoning to permit the aggregate activity would also be required.

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Comments from Ministries and Public Bodies to Date:

None to date.

Comments from Others:

None to date.

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1. Questions and Comments from Members of Council.

2. Questions and Comments from Members of the Public.

Members of the public are asked to state their name and address for the Clerk to record before providing any comments on the proposed zoning amendment.

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