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Request for Decision

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Request for Decision Presented To: Planning Committee Request for Decision Presented: Monday, Apr 23, 2018 Report Date Thursday, Mar 29, 2018 Robert and Deborah Richer – Application for rezoning in order to permit a camping ground Type: Public Hearings having a maximum of eight campsites and the File Number: 751-9/17-1 storage of recreational vehicles, Axeli Road, Wanup Resolution Signed By THAT the City of Greater Sudbury denies the application by Robert and Deborah Richer to amend Zoning By-law 2010-100Z to change the zoning from “RU”, Rural to “RU(S)”, Rural (Special) Report Prepared By on those lands described as PIN 73469-0224, Part 1, Plan Eric Taylor Manager of Development Approvals 53R-19417, Lot 12, Concession 3, Township of Cleland, as Digitally Signed Mar 29, 18 outlined in the report entitled “Robert and Deborah Richer”, from Recommended by the Division the General Manager of Growth and Infrastructure, presented at Jason Ferrigan the Planning Committee meeting of April 23, 2018. Director of Planning Services Digitally Signed Mar 29, 18 Financial Implications Relationship to the Strategic Plan / Health Impact Jim Lister Manager of Financial Planning and Assessment Budgeting Digitally Signed Apr 5, 18 The application to amend the Zoning By-law is an operational Recommended by the Department matter under the Planning Act to which the City is responding. Tony Cecutti General Manager of Growth and Report Summary Infrastructure Digitally Signed Apr 6, 18 This application reviews a rezoning application that would permit Recommended by the C.A.O. a camping ground having a maximum of eight campsites to be Ed Archer located within the floodplain and also permit the storage of Chief Administrative Officer recreational vehicles. Planning Services recommends that the Digitally Signed Apr 9, 18 application be denied as: • It does not conform to the applicable Official Plan policies in Section 10.2 respecting flooding hazards; • It is not consistent with the Provincial Policy Statement respecting Policies in 3.1 Natural Hazards concerning development within flooding hazards; and, • The Nickel District Conservation Authority, the regulatory authority under the Conservation Authorities Act concerning construction and development within the flood plan has advised that they are opposed to the application. Financial Implications This report has no financial implications as staff recommends that this rezoning request be denied. Title: Robert & Deborah Richer Date: March 26, 2018 STAFF REPORT Applicant: Deborah and Robert Richer Location: PIN 73469-0224, Part 1, Plan 53R-19417, Lot 12, Concession 3, Township of Cleland, Axeli Road, Wanup. Official Plan and Zoning By-law: Official Plan The lands are designated “Rural” on Schedule 1a “Land Use Overview” of the Official Plan and are also subject to the Schedule 4 “Hazard Lands”, which shows most of the property as being “Floodplain” and subject to the policies in Section 10 of the Plan, respecting, “Protecting Public Health and Safety”, and specifically the policies in Section 10.2 respecting, “Flooding Hazards”. The relevant Official Plan policies are set out below: Section 5.2 Rural Area Designation, of the Official Plan permits, among other uses, resort and shoreline commercial uses, and includes that waterfront development in Rural Area must also comply with the policies of Section 8.5 Surface Water Resources. Section 5.2.6, of the Official Plan sets out the policies for Resort and Shoreline Commercial as follows: “1. Permitted uses may include resort hotels, lodges, tourist-oriented accommodations and uses, campgrounds, trailer parks, marinas, sale and rental of boats and related equipment, ski, fishing and camping shops, restaurants, outdoor recreational uses, related accessory uses and existing use. 2. All resort and shoreline applications will be subject to rezoning and site plan agreement procedures. 3. Limits for upgrading, expansion or redevelopment of these commercial uses will be established in the Zoning By-law. Any new commercial land use or expansion of an existing use may require an amendment to the Zoning By-law in order to guide the scale, size and density of the development, and recognize and respond to eh characteristics of the particular site. Consideration of new commercial use through an amendment to the Zoning by-law will ensure that: a. the site is suitable for the proposed use in terms of density, intensity, location of buildings and structure, and types of facilities; b. where development occurs in area not fully serviced, resort and shoreline developments are to be serviced by an adequate sewage disposal system; c. a hydrogeological assessment may be required to assess the impacts of development and ensure an adequate supply of potable water; d. access routes can accommodate additional traffic if required; e. the proposed use is compatible with surrounding properties and will provide adequate buffering if required; and f. impacts on the lake that result from the year-round activities associated with the resort development are considered and mitigated. Title: Robert & Deborah Richer Date: March 26, 2018 4. The Zoning By-law will ensure that resort and shoreline commercial development on lakes and watercourses has water frontage that is adequate and suitable for the use proposed.” The relevant policies in Section 8.5 relate to Vegetative Buffers, Section 8.5.2 as set out below: “1. It is the intent of this Plan to maximize the amount to natural vegetation along shorelines and stream banks. As such, Council may implement controls on the removal of vegetation by establishing limits on clearing, changes to the grade, and the placement of impervious surfaces along shorelines and stream banks. These regulations will be based on achieving the following targets: a. For residential uses, a maximum cleared area of 25% of the shoreline or stream bank frontage or up to 23 metres, whichever is the lesser; b. For Resort and Shoreline Commercial uses, 33% of the shoreline or stream ban; and, c. Maintain shoreline buffer zones at a minimum of 12 metres from the high-water mark for all new and existing waterfront development. For existing properties, an educational outreach program shall be developed to encourage revegetation of shoreline buffer zones and upland areas in order to increase the amount of vegetation around shorelines. 2. Requirements for vegetative buffers will be implemented through the Zoning By-law, site plan control and a development permit system where authorized.” Section 10.2 Flooding Hazards states that it is a goal of the Plan to minimize and eliminate risks to life and property resulting from flooding. Most of the subject lands are located within the “Hazard Lands” designation on Schedule 4 of the Official Plan, which is based on NDCA flood plain mapping. The applicable policies in Section 10.2 provide as follows: “1. Because flooding and related hazards may cause loss of life and may result in damage to property, development is Flood Plains is generally restricted. In addition, no development is permitted within 15 metres of the Floodplain boundaries illustrated on Schedule 4, Hazard Lands. Only uses that by their nature must locate within the Flood Plain including flood and/or erosion control works or minor additions or passive non-structural uses which do not affect flood flows are permitted. 2. Severances, subdivisions, changes in land use, permanent new buildings and structures and private sewage disposal systems will not be permitted within the Flood Plain, except those severances for passive non-structural uses, associated with roads, drainage, erosion control, utilities, flood protection, agriculture, forestry and outdoor recreation. 3. Any alterations to the terrain within the Flood Plain which may have an effect on drainage and the erection of any structures must first receive the approval of the Nickel District Conservation Authority and, where applicable, from the Ministry of Natural Resources.” Zoning By-law The subject lands are zoned “RU”, Rural under Zoning By-law 2010-100Z. The Rural Zone permits, single detached dwellings, mobile home dwellings, agriculture along with other specific uses set out in Tables 9.1 and 9.2 of the Zoning By-law. A camping ground is not a permitted use in the Rural Zone and as such an amendment to the Zoning By-law is required. Title: Robert & Deborah Richer Date: March 26, 2018 “Camping ground” is defined in the Zoning By-law as follows: “An area of land in which space and facilities are provided specifically for the temporary accommodation of persons in tents or recreation vehicles for vacation or recreational purposes, and accessory uses and facilities such as administrative offices, sanitary facilities, recreational facilities and an accessory convenience store.” The Zoning By-law in the General Provisions Section 4.38, Travel Trailers, Recreation Vehicles and Campers, states as follows: “ a) the use of trailer, travel trailers, recreation vehicles, truck campers and camper trailers for commercial purposes or human habitation shall be prohibited in all Zones except in areas where such use is expressly permitted by this By-law.” Site Description & Surrounding Land Uses: The subject property is comprised of approximately 6.2 ha (15.3 acres), with approximately 152 m (501 ft.) of frontage onto the east side of Axeli Road and approximately 128 (421 ft.) of water frontage onto the Wanapitei River. Most of the property is relatively flat, low-lying and located within the floodplain as defined and regulated by the Nickel District Conservation Authority (NDCA). The sloped portion of the property adjacent to Axeli Road and along the eastern side of the property is tree-covered. A stream bisects the property with a pond located in the central portion. A driveway is located along the easterly side of the property providing access to the waterfront area where recreational vehicle/ campsites are located along with a shed, gazebo, dock and boat launch area. The surrounding lands are comprised of similar or larger sized lots which are zoned Rural.
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