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Bayfield Agricultural Society Request to Transfer Municipal Land Pg THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER COMMITTEE OF THE WHOLE MEETING AGENDA TUESDAY, AUGUST 2, 2016 COUNCIL CHAMBERS, STANLEY COMPLEX 7:00 p.m. 1. ROLL CALL and CALL TO ORDER 2. INTRODUCTION OF ADDITIONAL ITEMS TO BE ADDED TO THE AGENDA and APPROVAL OF THE AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST Disclosure of pecuniary interest and general nature thereof for current meeting. Disclosure of pecuniary interest and general nature thereof for previous meeting, if absent for meeting. 4. PLANNING AND BUILDING Public Meeting: Zoning By-law Amendment File R5/16, Hay East Ward Pg. 3-19 Application for Deeming By-law File DB3/16, Bayfield Ward Pg.20-30 Public Meeting: Sale of Former Pump House Property, Bayfield Ward Pg. 31-38 Bayfield Agricultural Society Request to Transfer Municipal Land Pg. 39-47 By-law Enforcement Activity – June 2016 Pg. 48-49 Building Activity – June & Second Quarter 2016 Pg. 50-52 5. DELEGATIONS 6. MANAGEMENT REPORTS ADMINISTRATIVE SERVICES – CAO, K. PRATT Zurich Arena Roof Drainage Pg. 53-54 Marina Lease Extension Pg. 55-56 Water Agreement – Bluewater and Central Huron Pg. 57-81 Violence and Harassment Policy and Program Pg.82-103 CLERK – C. OVERHOLT June 2016 Council Remuneration Pg. 104 1 1 TREASURY – A. WILLERT July 2016 Expanded OCIF Notification Pg. 105-110 Ontario 150 Program Pg.111-115 Tangible Capital Assets Assistance Pg. 116-138 PUBLIC WORKS – J. WALKER Hensall Streetscape & Infrastructure Improvement Committee Pg. 139-141 Graveline Development Servicing Request Pg. 142-151 7. COUNCILLORS 7.1 ISSUES 7.2 NEW BUSINESS Information from the County of Huron – Advanced Care Paramedic Service (see separate document) 7.3 CORRESPONDENCE Motion - that all other correspondence not dealt with are received, noted and filed. 8. CONFERENCE, COMMITTEE AND BOARD REPORTS Multi-Municipal Wind Turbine Working Group – June 9, 2016 Minutes Pg. 152-167 9. COUNCIL STATUS REPORT- ACTION ITEMS As of July 27, 2016 Pg. 168-172 10. QUESTIONS FROM THE GALLERY (must relate to agenda items) 11. IN CAMERA SESSION 12. ADJOURNMENT 2 2 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: 519.524.8394 Ext. 3 Fax: 519.524.5677 Toll Free: 1.888.524.8394 Ext. 3 www.huroncounty.ca To: Kyle Pratt, CAO, Municipality of Bluewater Mayor Hessel and Members of Bluewater Council From: Denise Van Amersfoort, Planner Date: July 25, 2016 Re: Application for Temporary Use By-law: R05/16 South Part Lot 12, Con LRE, 72650 Bluewater Highway, Hay East Ward, Municipality of Bluewater Applicant/Owner: Marcela Bahar RECOMMENDATION It is recommended that application R05/16 for a temporary use zoning by-law for a three year period be approved subject to the applicant providing an acknowledgement, in writing, regarding the following: 1. the use of the accessory building for a temporary dwelling unit will only occur while permitted by the temporary use by-law and the use will discontinue immediately upon expiry of the temporary use by-law; and 2. the Municipality has the right to require the installation of an additional water service at any time, in keeping with the requirements of By-law 82-2001. It is further recommended that the applicant be granted a temporary, three year exemption from the requirement of Section 21 of By-law 82-2001 for a separate water service for each dwelling. BACKGROUND The purpose of the proposed by-law is to permit a temporary dwelling unit in an accessory building for a three year period on Part Lot 12, Concession Lake Road East, Municipality of Bluewater, Hay East Ward. The applicant received a three year permission for the dwelling unit to be occupied by the applicant’s parents in 2007 and the by-law was renewed for a further three years in 2010 and 2013. The applicant has applied for another three period and is proposing that the dwelling unit continue to be occupied by the applicant’s parents and, as previously indicated, that at the expiration of the temporary use by-law that the dwelling unit be converted and combined with the existing art studio. The subject parcel is approximately 1.4 hectares (3.5 acres). COMMENTS The subject property is designated as Agriculture on Schedule B of the Bluewater Official Plan and zoned AG4 (Agricultural Small Holding) and NE2 (Natural Environment) on Key Map 4 of the Bluewater Zoning By-law. “Planning with the community for a healthy, viable and sustainable future.” 3 ZBLA R05/16 (Bahar) Page 2 of 3. July 25, 2016 Figure 1 Air Photo of Subject Property (yellow line) Figure 2 Photograph of Temporary Residence Building Section 9.8 of the Bluewater Official Plan permits Council to pass an amendment to the Zoning By-law to permit the temporary use of land or buildings that is otherwise prohibited by the zoning by-law, in accordance with Section 39 of the Planning Act. Under this same section of the Official Plan, temporary use by-laws are deemed to conform with the Bluewater Official Plan. Temporary 4 ZBLA R05/16 (Bahar) Page 3 of 3. July 25, 2016 use by-laws may be passed for an effective period of up to three years and may be renewed for further periods of not more than three years. Section 3.2.1. of the Bluewater Zoning By-law prohibits the use of accessory buildings for human habitation unless a dwelling is permitted as an accessory use. The AG4 zone permits a second unit in a single detached dwelling but not in an accessory building; hence the request for extension of the temporary use by-law. The provision of temporary accommodation for parents of the applicant is similar to the garden suites permitted by Section 39.1 of the Planning Act (Section 39.1). As this temporary dwelling unit is within an existing accessory building and is not proposed to be removed at the end of its use but rather converted to a different use, Council needs to ensure that the discontinuance of the temporary use and the conversion does in fact occur at the expiry of the temporary use by- law. The applicant’s explicit agreement, in writing, to this requirement was obtained as part of the previous temporary use by-law’s approval and should be acquired again as part of the proposed temporary use by-law’s approval. Municipal staff have reviewed the application and have comments with respect to the water service. Section 21 of By-law 82-2001 (“Rules and Regulations for the Maintenance and Operation of a System of Water Works in the Municipality of Bluewater”) requires a separate water service for each dwelling. As the second dwelling is temporary this was previously addressed through an exemption to the Water By-law permitting an exemption that matches the three year term of the temporary use by-law and can be done so again. The applicant would need to acknowledge again, in writing, that the Municipality has the right to require the installation of an additional water service at any time, in keeping with the requirements of the By-law 82-2001. There have been no comments received from any of the neighbours as a result of the circulation of this application. Please note this report is prepared without the benefit of input from the public as may be obtained through the public meeting. The Committee should carefully consider any comments and/or concerns expressed at the public meeting prior to making their recommendation on this application. Sincerely, _________________ Denise Van Amersfoort Planner Site Inspection: July 22, 2016 5 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT AFFECTING THE MUNICIPALITY OF BLUEWATER, HAY EAST WARD TAKE NOTICE that the Council of the Corporation of the Municipality of Bluewater will hold a public meeting on Tuesday, August 2, 2016 at 7:00 p.m. in the Municipality of Bluewater Council Chambers, Stanley Complex, 38594B Mill Road (west of Varna on County Road 3), to consider a proposed zoning by-law under Section 34 and 39 of the Planning Act, R.S.O. 1990, as amended. BE ADVISED that the Municipality of Bluewater considered this application to be complete on July 7, 2016. This by-law amends Zoning By-law 43-2015 of the Corporation of the Municipality of Bluewater. The location of the affected lands is shown on Schedule 2 and 3 attached. The location map identifies the lands within the Hay East Ward. ANY PERSON may attend the public meeting and/or make written or verbal representation, either in support of or in opposition to the proposed zoning by-law amendment. ONLY individuals, corporations and public bodies may appeal a by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Corporation of the Municipality of Bluewater in respect of the proposed Zoning By-law does not make oral submissions at the public meeting or make written submissions to the Corporation of the Municipality of Bluewater before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed zoning by-law is available for inspection during regular office hours at the Bluewater Municipal office or by contacting the Municipality by email at [email protected]. DATED AT THE MUNICIPALITY OF BLUEWATER THIS 8th DAY OF July, 2016.
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