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BL 2002-43 Amend Lindsay Zoning

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BL 2002-43 Amend Lindsay Zoning THE CORPORATION OF THE THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA BY-LAW NO. 2002-43 n A BY-LAW TO AMENT TOWNSHIP OF LINDSAY BY-LAW 1286, AS AMENIED, BEING THE ZONING BY-LAW FOR THE FORMER TOWNSHIP OF LINDSAY, NOW IN THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA. THE COUNCIL OF THE MUNICIPALITY OF NORTHERN BRUCE PENINSULA, PURSUANT TO SECTION 34 OF THE PLANNING ACT, R.S.O. 1990 ENACTS AS FOLLOWS: 1) That Schedule ‘A’ to the Township of Lindsay By-Law 1286, as amended, is hereby further amended by changing therein the zoning designation of Lots 1 , 2 and 3 , Concession 9 WBR and Lots 1 , 2, 3, 4 and 5, Concession 8 WBR, in the former Township of Lindsay, from “(PD)” Planned Development to “(R2-u)” Cottage Residential with holding provisions, “(R2-t)” Cottage Residential with special provisions, “(R6-H)” Low Density Multiple Family Residential with holding provisions, “(OSl-a)”General Open Space with special provisions, and “(OS 1- b)”General Open Space with special provisions, as shown on the Schedule ‘A’ attached hereto. 2) Section 13.4, Special Provisions for the R2-Cottage Residential zone, are hereby amended by adding the following subsection: R2-u zone All uses and provisions of By-law 1286, pertaining to lands zoned as R2-Cottage Residential, shall apply to the subject lands shown as R2-u, with the following exception: i) Lot frontage — 30.5 m (100 ft) 3) Section 13.4, Special Provisions for the R2-Cottage Residential zone, are hereby amended by adding the following subsection: R2-t zone i) Buildings, structures and site alteration shall be prohibited. 4) Section 16, Provisions for the Residential Zone 6 (Low Density Mulitple Family Residential — R6), shall be amended to include the following subsection: 16.3 Special Provisions C 16.3.1 R6-H All uses of By-law 1286, pertaining to lands zoned as R6-Low Density Multiple Family Residential, shall apply to the subject lands shown as R6-H. The “H”, Holding symbol shall be removed only when the following provision has been satisfied: a) The developer shall enter into a site plan control agreement with the Municipality. 5) Section 27.3, Special Provisions for the OS 1-General Open Space zone, are hereby amended by adding the following subsection: OS1-a zone All uses of By-law 1286, pertaining to lands zoned as OS1-General Open Space, shall apply to the subject lands shown as OS1-a, with the following prohibited uses: i) Golf courses Curling and skating arena Z- 18-2000.66 N1 ______________ Agricultural use Municipal boat launching and docking 6) Section 27.3, Special Provisions for the OS 1-General Open Space zone, are hereby amended by adding the following subsection: C OS1-b zone All uses of By-law 1286, pertaining to lands zoned as OS1-General Open Space, shall apply to the subject lands shown as OS1-b, with the following additional uses: i) Boat launching and docking Accessory parking Existing cottage residences Public uses Private club ii) Expansions, enlargements or alterations of existing cottage residences shall be in accordance with the provisions for the R2-Cottage Residential zone, with the following exception: iii) Expansions, enlargements or alterations shall be limited to 25% of the total habitable area for each cottage residence existing on the date of passage of this by-law. 7) This By-law shall come into force and effect on the final passing thereof by the Council of the Municipality of Northern Bruce Peninsula, subject to compliance with the provisions of the Planning Act, R.S.O. 1990, as amended. READ A FWST & SECOND TE THIY OF 2002. MOVED BY SECONDED BY READ A THIRD TIME & FINALLY PASSED C MOVED BY SECONDED BY MAYOR z- 18-2000.66 SCHEDULE ‘A’ Lots 1,2, & 3, Concession 9 WBR, Part ofLots 1,2,3,4 & 5, Concession 8 WBR, of Northern Bruce Peninsula(former Township of PD U,: Lake Huron C -JI .. CON8 . fl WEST • • I Simon Point PD 0 PD METRES (fl LANDS SUBJECT TO APPLICATION LANDS TO BE ZONED ‘R2—u’, COTTAGE RESIDENTIAL,HOLDING (AREA 1) LANDS TO BE ZONED ‘R2—t’, COTTAGE RESIDENTIAL,SPECIAL (AREA 2) LANDS TO BE ZONED ‘R6—H’, LOW DENSITY MULTIPLE FAMILY RESIDENTIAL,HOLDING (AREA 3) LANDS TO BE ZONED ‘OSl—a’,GENERAL OPEN SPACE,SPECIAL (AREA 4) LANDS TO BE ZONED ‘OSl—b’,GENERAL OPEN SPACE,SPECIAL (AREA 5) LIMITS OF PROPOSED PLAN OF SUBDIVISION THIS IS SCHEDULE ‘A’ TO THE COMPREHENSIVE ZONING BY—LAW NO ü4 PASSED TH1S t; cuJ D© , I FILE: Z— 18—2000.66 APPLICANT: John Kesso DATE: June, 2002 ISSUE DATE: RECEIVED APR 1 4 2003 Apr. 9, 2003 DECISION/ORDER NO: 0459 Ontario Municipal Board Commission des affaires municipales de l’Ontario Darlene Upton and Kent Prior have appealed to the Ontario Municipal Board under subsection n 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning Bylaw 2002-43 ‘- of the Municipality of Northern Bruce Peninsula 0MB File No.R02021 I Darlene Upton and Kent Prior have appealed to the Ontario Municipal Board under subsection 51(39) ofthe Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the County of Bruce to approve a proposed plan of subdivision on lands composed of Part of Lots I , 2, 3, Concession 8 W.B.R., and Part of Lots I , 2, 3, Concession 9 W.B.R., in the former Township of Lindsay, now in the Municipality of Northern Bruce Peninsula (File No. 41-T-2000-I) . 0MB File No. S020063 APPEARANCES: Parties Agent Darlene Upton, Kent Prior and the Kent Prior Eastern Massasuaga Rattlesnake Recovery Team County of Bruce Chris LaForest Municipality of North Bruce Peninsula Cathy Smyth Greenough Harbour Corporation John Keeso Paul Britton MEMORANDUM OF ORAL DECISION FROM A TELEPHONE CONFERENCE CALL HELD APRIL 3, 2003 DELIVERED BY J. de P. SEABORN AND ORDER OF THE BOARD The purpose of the telephone conference call was to receive evidence and submissions from the parties with respect to a settlement reached with respect to an appeal of a Zoning By-law and a decision of the County of Bruce to approve a Site Plan n in connection with a residential development proposal. PL020934 Based on the Affidavit evidence of Chris LaForest, a qualified land use planner with the County of Bruce, and the submissions of the appellants, the Municipality of North Bruce Peninsula, and the applicant/developer, the Board finds that the proposed Site Plan referred to the Board for approval represents good planning. The Board’s decision is to approve the Site Plan which is subject to, and in accordance with, the conditions and agreement of the parties set out in Attachment “1 “, which includes Exhibits I , 2 and 3 filed in support of the approval sought. The Board will allow the appeal in part, and orders that pursuant to subsection 51(56.1) of the Planning Act (Act), the County of Bruce shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51 (58) of the Act. In the event there are any difficulties implementing any of the conditions of draft plan approval, or if any substantive changes are required to be made to the draft plan, the Board may be spoken to. In all other respects the appeal is dismissed. In accordance with the minutes of settlement found in Attachment “1”, the Board confirms that the appeal under subsection 34(19) of the Act is withdrawn by the appellants, Upton and Prior. The Board will proceed to close its file in connection with the zoning bylaw matter. So Orders the Board. cj J. de P. SEABORN VICE CHAIR 0 0 d; Attachment”1” PL020934 . pglof2l I, Chris LaForest, Director ofPlanning & Economic Development for the County of Bruce, MAKE OATH AND SAY: 1. The Minutes ofSettlement were considered at the County ofBrucc Agriculture, Tourism & Planning Committee meeting on February 20, 2003. 0 2. The County ofBruce Agriculture, Tourism & Planning Conmiittee adopted the . resolution as stated in the minutes from said meeting attached as Appendix I to this affidavit. 3. It is• my professional planning opinion that the Minutes of Settlement have regard for the Provincial Policy Statement, conform to the policies ofthe County of Bruce . Official Plan, represent good planning, and are in the public interest and is outlined in . Appendix II to this affidavit. 4. It is my recommendation that the Plan of Subdivision and Zoning By-law should be approved. Chris LaForest Director ofPlanning & Economic Development County of Bruce . DECLARED BEFORE ME AT THE TOWN OF SOUTH BRUCE PENiNSULA , IN THEDOUNTY OF BRUCE, THIS 3 DAY OF 7aAA , 2003. A COMMISSIONER, ET SHARON DARLENE WRIGHT, a Commisslcner, et . County of Bruce, forthe Corporation oftim County of Bruce. d Expires Sopternbar2nd,2QO’ C Attachment “1” PL020934 Appendixi pg2of2l 2.5 41T-2OO1O1 (John Keeso) — Minutes of Settlement The Director advised that a Plan of Subdivision was submitted by Joim Keeso to the County for Draft Approval. The Plan was to create a 78 lot residential subdivision with some passive open space areas. The subdivision was approved by ATP subject to certain conditions. The Subdivision (and Implementing Zoning By-Law) was appealed by two members of the ‘Eastern Massassauga Rattlesnake Recovery (EMR) team”. Since that time Minutes of Settlement have been brought forward and reviewed by the Department who find that the Minutes have adequately met the requirements ofthe PPS and the County Official Plan. The proposed resolution below shall be sent to the 0MB, who shall resolve the appeal via telephone conference.
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