Draft City of Timmins Official Plan
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DRAFT CITY OF TIMMINS OFFICIAL PLAN February 11, 2019 CITY OF TIMMINS OFFICIAL PLAN TABLE OF CONTENTS SECTION I: ABOUT THE PLAN 1 1.1 BACKGROUND 1 1.2 LEGISLATIVE AUTHORITY 1 1.3 INTERPRETATION OF THE PLAN 1 1.4 MONITORING AND ASSESSMENT 3 1.5 PURPOSE, VISION AND GUIDING PRINCIPLES 4 1.5.1 Purpose 4 1.5.2 Vision 4 1.5.3 Guiding Principles 5 1.6 HOW THE PLAN IS ORGANIZED 6 1.7 HOW TO READ AND USE THE PLAN 7 SECTION II: BUILDING A STRONG, HEALTHY AND SUSTAINABLE COMMUNITY 8 2.1 EMBRACING COMMUNITY DEVELOPMENT 8 2.2 PROMOTING EFFICIENT, COST EFFECTIVE DEVELOPMENT AND LAND USE PATTERNS 11 2.2.1 Strengthening the Form and Function of Settlement Areas 11 2.2.2 Promoting and Protecting Rural Areas 12 2.3 MEETING THE COMMUNITY’S DIVERSE HOUSING NEEDS 12 2.3.1 Secondary Dwelling Units 13 2.4 INVESTING IN SOCIAL INFRASTRUCTURE 14 2.5 PREFERRED WATER AND SEWAGE SYSTEMS 14 2.6 PROMOTING INTEGRATED MULTI-MODAL TRANSPORTATION INFRASTRUCTURE AND SERVICES 15 2.6.1 Road Classification and Function 16 2.6.2 Proposed Roadway Corridors. 17 2.6.3 Private Roads 17 2.6.4 Trail Systems and Linkages 19 2.6.5 Parking Facilities 19 2.6.6 Transit Facilities and Services 20 2.6.7 Rail Facilities and Services 20 2.6.8 Air Facilities and Timmins Airpark 21 2.6.9 Utility Facilities, Corridors and Rights-of-way 22 2.6.10 Transportation and Infrastructure Corridors 23 2.7 PROVIDING PARKS, RECREATION FACILITIES AND OPEN SPACE AREAS 24 2.8 PROVIDING WASTE MANAGEMENT SYSTEMS AND SERVICES 26 2.9 ENERGY SUPPLY 27 CITY OF TIMMINS OFFICIAL PLAN 2.10 ENERGY CONSERVATION, AIR QUALITY AND CLIMATE CHANGE 27 2.11 PROTECTING AND MANAGING NATURAL RESOURCES 28 2.11.1 Agricultural Operations 28 2.11.2 Mining Operations and Mineral Deposits 29 2.11.3 Mineral Aggregate Operations and Reserves 32 2.11.4 Peat Resources 33 2.11.5 Forestry Operations and Timber Resources 33 2.11.6 Natural Heritage Features and Areas 34 2.11.7 Water Resources 35 2.11.8 Cultural Heritage and Archaeological Resources 40 2.12 PROTECTING PUBLIC HEALTH AND SAFETY 42 2.12.1 Climate Change 42 2.12.2 Flood Hazards 42 2.12.3 Other Natural Hazards 44 2.12.4 Mine Hazards 44 2.12.5 Contaminated Sites and Brownfields 46 2.12.6 Wildland Fire Hazards and Assessment 47 2.13 BEAUTIFICATION AND GATEWAYS 48 2.14 ACCESSIBILITY 49 SECTION III: LAND USE DESIGNATIONS AND POLICIES 51 3.1 NEIGHBOURHOOD AREA 51 3.1.1 Intent of Designation 51 3.1.2 Residential Uses 51 3.1.3 Other Residential Uses 52 3.1.4 Limited Scale Commercial Uses 52 3.1.5 Home Based Businesses 53 3.1.6 Limited Scale Institutional and Public Service Uses 53 3.1.7 Criteria for Development in Neighbourhood Area 54 3.2 EMPLOYMENT AREA 56 3.2.1 Intent of Designation 56 3.2.2 Limited Residential Uses 56 3.2.3 Scope of Permitted Employment Uses 57 3.2.4 Criteria for Development in Employment Area 59 3.3 GOLDFIELD AREA 60 3.3.1 Intent of Designation 60 3.3.2 Criteria for Development in Goldfield Area 61 3.4 RESOURCE DEVELOPMENT AREA 64 3.4.1 Intent of Designation 64 3.4.2 Permitted Uses 64 3.4.3 Waterfront Development 64 3.4.4 Policies 65 CITY OF TIMMINS OFFICIAL PLAN 3.4.5 Criteria for Development in Resource Development Area 66 3.5 PROVINCIAL INTERESTS 67 3.5.1 Intent of Designation 67 3.5.2 Provincial Interest Areas Uses 68 3.6 NON-CONFORMING USES 68 3.6.1 Status of Non-conforming Uses 68 3.6.2 Enlargement or Expansion or Change to a Legal Non-conforming Use 69 3.7 LOTS OF RECORD 69 SECTION IV: THE PLANNING TOOLBOX 71 4.1 ZONING BY-LAW 71 4.1.1 Policies 71 4.2 HOLDING BY-LAWS 71 4.2.1 Policies 72 4.3 TEMPORARY USE BY-LAWS 73 4.3.1 Policies 73 4.4 INTERIM CONTROL 74 4.4.1 Policies 74 4.5 SITE PLAN CONTROL 74 4.5.1 Policies 74 4.6 PROPERTY STANDARDS 75 4.6.1 Policies 75 4.7 PARKLAND DEDICATION OR CASH-IN-LIEU 75 4.7.1 Policies 75 4.8 SUBDIVISION, CONSENTS, PART-LOT CONTROL AND DEEMING BY-LAWS 77 4.8.1 Subdivisions 77 4.8.2 Land Division Review Criteria for Consents and Subdivisions 78 4.8.3 Conditions of Approval 82 4.8.4 Part-Lot Control 82 4.8.5 Deeming Plans of Subdivision 82 4.9 DEVELOPMENT CHARGES 82 4.9.1 Policies 82 4.10 COMMUNITY PLANNING PERMIT 82 4.11 EVALUATION OF AMENDMENTS TO THE PLAN AND ZONING BY-LAW 83 4.11.1 Policies 83 4.12 COMMUNITY IMPROVEMENT 84 4.12.1 General 84 4.12.2 Community Improvement Project Areas 84 4.12.3 Community Improvement Plans 86 CITY OF TIMMINS OFFICIAL PLAN 4.12.4 Implementation 87 4.13 SECONDARY PLANS 88 4.14 AMENDMENTS TO THE PLAN, CONSULTATION AND COMPLETE APPLICATIONS 89 4.14.1 Technical Amendments 89 4.14.2 Amendments 90 4.14.3 Complete Applications 90 4.14.4 Public Consultation 93 SECTION V: PLANNING PROTOCOLS 95 5.1 PROTOCOL FOR WIRELESS TELECOMMUNICATION FACILITIES 95 5.1.1 Objectives 95 5.1.2 Guidelines 95 5.1.3 Submission Requirements and Procedures 96 5.1.4 Public Review Process 97 5.2 CIRCULATION OF NEW APPLICATIONS TO MENDMF 99 5.2.1 Intent of Circulating Development Plans 99 5.2.2 Types of Applications to be Circulated to MENDMF 99 5.2.3 MENDMF Contact Person 99 5.2.4 Response Time 100 5.3 DEVELOPMENT ON BROWNFIELDS PROTOCOL 100 SECTION VI: DEFINITIONS 103 SECTION VII: SCHEDULES 127 CITY OF TIMMINS OFFICIAL PLAN LIST OF FIGURES AND TABLES FIGURE 1 – CYCLE OF COMMUNITY GROWTH AND RENEWAL 5 TABLE 1 – ROAD CLASSIFICATION 18 ILLUSTRATION OF FLOOD TERMS 43 CITY OF TIMMINS OFFICIAL PLAN SECTION I: ABOUT THE PLAN 1.1 BACKGROUND The original Official Plan for the City of Timmins was approved in 1976. Since its adoption, more than 140 amendments have been made to the Plan. The original Official Plan has served the community well since its inception, but in light of recent policy changes occurring at the provincial level, and changes to local circumstances and preferences, a new and updated Official Plan is necessary. The new Official Plan for the City of Timmins has been prepared with considerable input from provincial ministries, the Mattagami Region Conservation Authority, key community based organizations and stakeholders as well as from the residents and business people of the community. The input received from the Official Plan public consultation program1 was extremely valuable in formulating the policies comprising this new Plan. In addition, the completion of a comprehensive background report2 was also instrumental in drafting policies for the new plan. 1.2 LEGISLATIVE AUTHORITY Section 17 (14) of the Ontario Planning Act, RSO 1990 c.13 authorizes the City of Timmins to prepare an Official Plan and Section 16 of the Act sets out the contents of an Official Plan. Section 26 also provides for the periodic review and update of the Plan. Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” provincial policy statements issued under the Act. This Plan has been prepared to be consistent with the Provincial Policy Statement (2014). The Official Plan is a policy document that sets out a community’s vision for future growth. It guides municipal decision-makers (City Council) in deciding how lands in the community should be used and how growth and change can or should occur. The Official Plan is a legal document, adopted by City Council by By-Law and approved by the Provincial Ministry of Municipal Affairs and Housing. 1.3 INTERPRETATION OF THE PLAN The following policies provide guidance for the understanding and interpretation of the text, maps, schedules, figures of this Plan. 1 Public Consultation Summary Document, 2004 2 City of Timmins Community Profile, Tunnock Consulting Ltd., July 2004 1 CITY OF TIMMINS OFFICIAL PLAN 1) The Plan should be read as a whole to understand its comprehensive intent as a policy framework for the City. 2) Sections I through V and the associated Official Plan Schedules constitute the Official Plan of the City of Timmins. All other text and mapping are intended to be illustrative and provided for information purposes only and are not part of the plan. 3) Section VI of this Plan outlines words or terms defined in the Provincial Policy Statement, 2014. Those definitions shall apply in the interpretation of the policies of this Plan and their application to development proposals and planning applications. 4) It is the intent of this Plan that planning applications ‘shall be consistent with’ the Provincial Policy Statement in effect at the time the application is made. 5) It is intended that the location of constraints and the boundaries of the land use designations shown on the Official Plan Schedules are approximate. Amendments to the Official Plan will not be required in order to make appropriate variations to the boundaries of land use designations or features or other symbols nor to the location of roads, and to the other policy statements provided that in all cases, the general intent of the Plan is maintained.